[nagdu] Fw: Puerto Rico Guide Dog Law

cheryl echevarria cherylandmaxx at hotmail.com
Wed Sep 1 18:41:22 UTC 2010


Julie I sent it on here to let Tamera know to put it on the website, I can 
cut and paste it here. it is a word document.

The biggest compliment you can pay me is to recommend my services!

Cheryl Echevarria
Independent Travel Consultant
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----- Original Message ----- 
From: "Julie J" <julielj at windstream.net>
To: "NAGDU Mailing List,the National Association of Guide Dog Users" 
<nagdu at nfbnet.org>
Sent: Wednesday, September 01, 2010 2:38 PM
Subject: Re: [nagdu] Fw: Puerto Rico Guide Dog Law


Yes, it was atached.  I'll cut and paste it below.  The formatting will be
awful but the text should be fine.

Julie
***
Blind People-Seeing-Eye Dogs (S.B. 525)



[No. 51]



[Approved May 29, 1970]



AN ACT



To establish the right of every blind person to use any public
transportation means accompanied by their seeing-eye dog and when so
accompanied to be admitted to any establishment or public place and to use
its facilities without an additional payment being required for being
accompanied by said seeing-eye dog and to fix penalties.



STATEMENT OF MOTIVES



In Puerto Rico there is an increasing number of blind residents and
sightless visitors who use their seeing-eye dogs to move from one place to
another thus not depending on a relative, friend or employee. Those who do
not own any means of transportation are deprived from using public vehicles
authorized to transport passengers because many buses and taxicab drivers
refuse to convey passengers accompanied by dogs. Very often they are also
forbidden to enter establishments and public places and lodging in hotels,
motels, and other hostelries.



It is our civic and moral duty to look after those who are not able to see
their surrounding world, but who have as much right as In



the citizens who are not blind to travel and lead useful and independent
lives. To compensate their lack of sight, the blind need their seeing-eye
dogs. These dogs are so well trained that they can stand next to their
owners in -an autobus, automobile or public restaurant in such a way as to
occupy a minimum amount of space without annoying the person occupying the
next seat.



To refuse these citizens the use of our means of public transportation and
our lodging and recreation facilities is to be devoid of charity. Likewise,
it would be unfair to make them pay for the single fact of entering these
places accompanied by their seeing-eye dogs, though the latter do not incur
in food or other expenses.



Be it enacted by the Legislature of Puerto Rico:



Section 1.-



Any blind person duly registered in the Register of the Blind kept by the
Department of Social Services of the Commonwealth, or any foreigner who
possesses appropriate documents crediting his sightless condition, signed by
the person with authority to issue it in his country, is hereby authorized
to travel accompanied by his seeing-eye dog in any train, taxi, launch,
autobus or any other means of public transportation, and to enter so
accompanied any cafeteria, hotel, motel, restaurant, tourist cabin, local
building, park, bathing resort or public establishment, elevator or any
other



.0-144--,        4-- 4.1-       --A 4-- -1-1, 4-1- M-A           -1,4-



have access had he -not been accompanied by his seeing-eye dog, without any
additional payment being required for such dog.



Said blind person may keep at his side his seeing-eye dog during the entire
time he remains in any of the places or public vehicles above-mentioned
provided the said animal is under his immediate custody, has a harness and
is duly muzzled.



Section 2.-



Upon entering into any of the places or vehicles above-mentioned the blind
person must have in his possession appropriate records of a school
recognized by the Department of Social Services of the Commonwealth of
Puerto Rico for the training of seeing-eye dogs, crediting that the animal
is duly trained and does not constitute a hazard to the general public and
shall present it for examination upon being requested by the owner or keeper
of the vehicle, business, park or establishment.



He must also have a health certificate issued by a veterinarian authorized
to practice his profession in Puerto Rico or by the competent authorities of
the place where the seeing-eye dog was obtained, setting forth that the
animal is not suffering from any contagious disease. Said certificate shall
be valid for a term of one (1) year and shall be renewed upon the expiration
of said term. If the seeing-eye dog does not meet the health requirements
set forth, the blind person accompanied by a dog, shall not be covered by
the benefits of this act.



Section 3.-



Any one who hinders a blind person      from the rights provided herein,
shall be guilty of a misdemeanor and upon conviction thereof, punished by a
fine of not more than one hundred (100) dollars or imprisonment for a
maximum term of thirty (30) days.



Section 4.-



Any law which forbids the admission of persons accompanied by dogs to
places, establishments or vehicles of public use, shall not apply to blind
persons accompanied by seeing-eye dogs duly accredited as such in accordance
with section 2 hereof.



Section 5.-This act shall take effect immediately after its approval.



Approved May 29,1970.



December 21                                           Act No. 141



Persons with Disabilities-Animal Helpers; Amendment



(S.B. 440)



(Conference)



[No. 141]



[Approved December 21, 1994]



AN ACT



To amend Sections 1, 2, 3, and 4 of Act No. 51 of May 29, 1970, as amended,
in order to extend the protection provided therein for persons with
disabilities and their animal helpers, and to modify the penalty.



STATEMENT OF MOTIVES



The attainment of self-sufficiency in carrying out life's main activities is
one of the goals of persons with certain disabilities. Some of them achieve
this goal through the use of modern, high-technology devices. Others resort
to the dog, man's best friend, as well as to other animal helpers.



During the past few years, the use of animals to assist persons with
disabilities ceased to be an exclusive practice of the blind; and nowadays,
animals are used by individuals with other disabilities. Today, the hearing
impaired, people with certain emotional disorders, as well as paraplegics,
or quadriplegics turn to this loyal friend to achieve a greater independence
and integrate fully to our society.



This is a reality from which the Government of the Commonwealth of Puerto
Rico cannot withdraw. On the contrary, we should foster and protect it in
order for more and more persons with disabilities who use animal helpers for
assistance to be able to enjoy the same activities that persons who do not
[use] these helpers enjoy. It is the unavoidable duty of all of us to
propitiate free access to premises, structures, and means of transportation,
in order to make them available to persons with disabilities.



1271



Act No. 141                                      December 21



Be it enacted by the Legislature of Puerto Rico:



Section L-Sections 1, 2, 3, and 4 of Act No. 51 of May 29,

1970, as amended [8 L.P.R.A. §§ 201-204], are hereby amended to read as
follows:



"Section L-Any person with a disabihty who is accompanied by a duly trained
animal helper, authorized by a competent Authority, is hereby authorized to
travel in any train, launch, bus, taxi, public car, or any other means of
transportation. Said person is also authorized to enter any cafeteria,
hotel, motel, restaurant, hospital, tourist cabin, building, establishment,
and park, as well as recreational, sports, and artistic performance
facilities, or bathing resort, public establishments, or any other
facilities available to the pubhc accompanied by said animal. Said person
with a disability shall not be required to pay any additional sum to enter
his/her animal into said establishments.



The person with a disability may keep his/her animal helper by his side
during the entire time he/she remains in any of the public places or
vehicles mentioned above, provided said animal is under his immediate
custody and is duly identified.



Section 2.-For the purposes of this Act, an animal helper shall mean any
animal that has been trained to accompany and aid a person with hearing,
visual, or mobility disability, or a disability of any other kind, which is
certified as an animal helper by a trainer quahfied therefor, and said
training may be proven by a card, document, or tag on the animal's collar.



In those cases that the animal is not wearing a tag which duly identifies it
as a trained animal, the person with disabilities shall have in his
possession and offer for examination at the request of the owner or person
in charge of the vehicle, business, park, site, or establishment, the card
or document which shall be issued, as well as the tag, by a recognized
training school for animal helpers, accrediting the fact that the animal is
duly trained and does not constitute any danger whatsoever to the general
public.



The animal shall also have a health certificate issued by a veterinarian
licensed to practice the profession in Puerto Rico,



1272



December 21                                         Act No. 141



or by the competent authorities of the country of origin of the animal
helper, to the effect that it does not suffer from any contagious disease
whatsoever. Said certificate shall be valid for the term of one (1) year and
shall be renewed upon expiration of the said term. If the animal helper does
not meet said health requirement, the person with disabilities cannot avail
him/herself of the benefits of this Act.



Section 3.-Any person who hinders a person with disabilities from enjoying
the rights provided in this Act, shall be guilty of a misdemeanor, and upon
conviction thereof, shall be punished by a fine which shall not exceed one
hundred (100) dollars, or imprisonment for a maximum term of thirty (30)
days, or both penalties, at the discretion of the Court. For each subsequent
violation, said person shall be punished by a fine of not less than two
hundred (200) dollars, or imprisonment for a maximum term of sixty (60)
days, or both penalties, at the discretion of the Court.



Any person who uses force or violence in order to prevent a person with
disabilities accompanied by his/her animal helper from entering a public
place or a means of public transportation, and injures the person with
disablities, shall be guilty of a felony and shall be punished by
imprisonment for a fixed term of three (3) years.



If there are aggravating circumstances, the fixed penalty established herein
may be increased to a maximum of five (5) years; if there are extenuating
circumstances, it may be reduced to a maximum of two (2) years. In addition
thereto, the Court may impose the penalty of restitution, as established in
Article 49A of the Penal Code.



Section 4.-Any law which forbids the admission of persons accompanied by
animals to public places, establishments, or vehicles, shall not apply to
persons with disabilities who are accompanied by their animal helpers that
are duly accredited as such in accordance with Section 2 of this Act."



1273



Act No. 142                                  December 21



F.                 Section 2.-This Act shall take effect immediately after
its approval.



Approved December 21, 1994.



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