[nagdu] {Disarmed} Fw: [DogGuideUsersNH] Hb. 398

Thu May 19 12:25:14 UTC 2011

ed,
    I have copied this to our Webmaster for placement on the NAGDU website.
    This looks pretty good, especially the criminalization of illegitimate 
service animals". I have one question, Do you know what this means:

"167-D:7 Licensing. Service animals shall be licensed as provided in RSA 
466."

Fraternally yours,
Marion

----- Original Message ----- 
From: "Ed Meskys" <edmeskys at roadrunner.com>
To: "nagdu" <nagdu at nfbnet.org>
Sent: Wednesday, May 18, 2011 5:38 PM
Subject: [nagdu] {Disarmed} Fw: [DogGuideUsersNH] Hb. 398

> NH just changed its access laws and I copy it below. Will this be added to 
> the laws listed on the nagdu web site? Ed Meskys
>
> Subject: [DogGuideUsersNH] Hb. 398
>
>
>
> Hi Everyone,
>
> Below is Hb 398 and it passed and will become law.
>
> HB 398 - VERSION ADOPTED BY BOTH BODIES
>
> 15Mar2011. 0562h
>
> 2011 SESSION
>
> 11-0557
>
> 08/10
>
> HOUSE BILL 398
>
> AN ACT relative to service animals.
>
> SPONSORS: Rep. Schlachman, Rock 13; Rep. Hunt, Ches 7; Rep. Abrami, Rock 
> 13;
> Rep. Butynski, Ches 4; Sen. Barnes, Jr., Dist 17
>
> COMMITTEE: Commerce and Consumer Affairs
>
> ANALYSIS
>
> This bill defines service animals.
>
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
> -
> - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -  
> -
>
> Explanation: Matter added to current law appears in bold italics.
>
> Matter removed from current law appears [in brackets and struckthrough.]
>
> Matter which is either (a) all new or (b) repealed and reenacted appears 
> in
> regular type.
>
> 15Mar2011. 0562h
>
> 11-0557
>
> 08/10
>
> STATE OF NEW HAMPSHIRE
>
> In the Year of Our Lord Two Thousand Eleven
>
> AN ACT relative to service animals.
>
> Be it Enacted by the Senate and House of Representatives in General Court
> convened:
>
> 1 Service Animals. The chapter title of RSA 167-D is repealed and 
> reenacted
> to read as follows:
>
> SERVICE ANIMALS AND SEARCH AND RESCUE DOGS
>
> 2 Service Animals. RSA 167-D:1 through RSA 167-D:9 is repealed and 
> reenacted
> to read as follows:
>
> 167-D:1 Definitions. As used in this chapter:
>
> I. "Housing accommodation" means any publicly assisted housing 
> accommodation
> or any real property, or portion thereof, which is used or occupied, or is
> intended, arranged, or designed to be used or occupied, as the home,
> residence or sleeping place of one or more persons, but shall not include
> any single family residence the occupants of which rent, lease, or furnish
> for compensation not more than one room therein.
>
> II. "Public facility" means any place of public accommodation and any
> street, highway, sidewalk, walkway, public building, and any other place 
> or
> structure to which the general public is regularly, normally, or 
> customarily
> permitted or invited.
>
> III. A "place of public accommodation" shall mean, but shall not be 
> limited
> to, any tavern roadhouse, hotel, motel, or trailer camp, whether for
> entertainment of transient guests or accommodation of those seeking 
> health,
> recreation, or rest; any producer, manufacturer, wholesaler, distributor,
> retail shop, store establishment, or concession dealing with goods or
> services of any kind; any restaurant, eating house, or place where food is
> sold for consumption on the premises; any place maintained for the sale of
> ice cream, ice, and fruit preparations or their derivatives, soda water or
> confections, or where any beverages of any kind are retailed for 
> consumption
> on the premises; any garage; any public conveyance operated on land or
> water, or in the air, or any stations and terminals thereof; any 
> bathhouse,
> boardwalk, or seashore accommodation; any auditorium, meeting place, or
> hall; any theatre, motion picture house, music hall, roof garden, skating
> rink, swimming pool, amusement and recreation park, fair, bowling alley,
> gymnasium, shooting gallery, billiard and pool parlor, or any other place 
> of
> amusement; any comfort station; any dispensary, clinic, or hospital; any
> public library; any kindergarten, primary and secondary school, trade or
> business school, high school, academy, college and university, or any
> educational institution under the supervision of the state board of
> education, or the commissioner of education of the state of New Hampshire.
>
> IV. "Service animal" means any dog individually trained to do work or
> perform tasks for the benefit of an individual with a disability, 
> including
> a physical, sensory, psychiatric, intellectual, or other mental 
> disability.
> Other species of animals, whether wild or domestic, trained or untrained,
> are not service animals for purposes of this definition.
>
> V. "Service animal trainer" means any person who is employed by or
> volunteers for an organization generally recognized by agencies involved 
> in
> the rehabilitation of mobility impaired persons as reputable and competent
> to provide service animals with training, and who is actively involved in
> the training process.
>
> VI. "Search and rescue dog" means any dog which has been trained to 
> perform
> typical search and rescue operations and is certified by a competent
> authority or holds a title from a competent authority or organization
> recognized by the office of the governor, the department of safety, the
> department of fish and game, or the Federal Emergency Management Agency or
> its successor agency.
>
> 167-D:2 Service Animal Duties.
>
> I. The work or tasks performed by a service animal shall be directly 
> related
> to the handler's disability. Work and tasks may include, but is not 
> limited
> to:
>
> (a) Assisting individuals who are blind or have low vision with navigation
> and other tasks.
>
> (b) Alerting individuals who are deaf or hard of hearing to the presence 
> of
> people or sounds.
>
> (c) Providing non-violent protection or rescue work.
>
> (d) Pulling a wheelchair.
>
> (e) Assisting an individual during a seizure.
>
> (f) Alerting individuals to the presence of allergens.
>
> (g) Retrieving items such as medicine or a telephone.
>
> (h) Providing physical support and assistance with balance and stability 
> to
> individuals with mobility disabilities.
>
> (i) Helping persons with psychiatric and neurological disability by
> preventing or interrupting impulsive or destructive behaviors.
>
> II. The crime determent effect of an animal's presence and the provision 
> of
> emotional support, well-being, comfort, or companionship does not 
> constitute
> work or tasks for the purposes of this chapter.
>
> 167-D:3 Private Clubs, etc. Nothing herein contained shall be construed to
> include or apply to any institution, bona fide club, or place of
> accommodation, which is in its nature distinctly private; nor shall 
> anything
> herein contained apply to any educational facility operated or maintained 
> by
> a bona fide religious or sectarian institution; and the right of a natural
> parent or one in loco parentis to direct the education and upbringing of a
> child under his control is hereby affirmed; nor shall anything herein
> contained be construed to bar any private secondary or postsecondary 
> school
> from using good faith criteria other than race, creed, color, national
> origin, ancestry, or disability in admission of students.
>
> 167-D:4 Service Animals May Accompany. It is lawful for any service animal
> to accompany his or her handler or trainer into any public facility, 
> housing
> accommodation, or place of public accommodation to which the general 
> public
> is invited, subject only to the conditions and limitations established by
> law and applicable alike to all persons.
>
> 167-D:5 Application of RSA 167-D:4 to Search and Rescue Dogs. The 
> provisions
> of RSA 167-D:4 shall also apply to dogs involved in search and rescue
> missions at the request of a government agency when such dogs are in the
> course of, or traveling to or from the scene of, their official duties.
>
> 167-D:6 Service Animal Trainer. A service animal trainer, while engaged in
> the actual training process and activities of such animals, shall have the
> same rights and privileges with respect to access to public facilities, 
> and
> the same responsibilities as are applicable to persons with disabilities
> using a service animal.
>
> 167-D:7 Licensing. Service animals shall be licensed as provided in RSA 
> 466.
>
> 167-D:8 Prohibited Acts.
>
> I. It is unlawful for a person, directly or indirectly, either to 
> prohibit,
> hinder, or interfere with a service animal's handler or trainer who
> otherwise complies with the limitations applicable to persons without
> disabilities.
>
> II. It is unlawful for any person to fit an animal with a collar, leash, 
> or
> harness of the type which represents that the animal is a service animal, 
> if
> in fact said animal is not and to thus use the animal to misrepresent the
> physical status of said person.
>
> III. It is unlawful for any person to willfully interfere or attempt to
> interfere with a service animal.
>
> 167-D:9 Nonuse of Service Animal. A person with a disability not using a
> service animal in any of the places, accommodations, or conveyances listed
> in RSA 167-D shall have all of the rights and privileges conferred by law
> upon other persons; and the failure of person with a disability to use a
> service animal in those places, accommodations, or conveyances shall not 
> be
> held to constitute nor be evidence of contributory negligence.
>
> 167-D:10 Penalty. Any person violating any provision of this chapter shall
> be guilty of a misdemeanor
>
> 3 Service Animals; Emergency Plans. Amend RSA 21-P:37, VI to read as
> follows:
>
> VI. To prepare a comprehensive plan and program for the evacuation of
> [hearing ear dogs, guide dogs,] search and rescue dogs[,] and [other]
> service animals, as defined in RSA 167-D.
>
> 4 Service Animals; Emergency Plans. Amend RSA 466:44 to read as follows:
>
> 466:44 Restaurants and Food Stores.
>
> I. Except as provided in paragraph II, no person shall bring any animal 
> into
> any restaurant or any store that sells food; and no person shall allow any
> animal to enter in any store that sells food, except for [guide dogs 
> leading
> blind persons, and the hearing ear dog and the service dog] service 
> animals
> as provided in RSA 167-D. Whoever violates the provisions of this 
> paragraph
> shall be guilty of a violation.
>
> II. A restaurant owner may allow his or her properly disciplined companion
> dog inside his or her place of business. Such dogs shall not be allowed in
> food preparation or production areas. A restaurant owner allowing his or 
> her
> companion dog shall prominently display a sign at all public entrances
> advising patrons that his or her companion dog is allowed on the premises
> and that such dog shall be removed from any portion of the premises where
> members of the public are present in the event a patron with a [service 
> dog]
> service animal is present.
>
> 5 Service Animals; Motor Vehicles Approaching. Amend RSA 265:41-a to read 
> as
> follows:
>
> 265:41-a Approaching a [Hearing Ear Dog] Service Animal. The driver of a
> vehicle approaching a [deaf or hearing impaired] person using a [properly
> identified hearing ear dog] service animal shall take all necessary
> precautions to avoid injury to that person, and any driver who fails to 
> take
> such precautions shall be liable in damages for any injury caused to that
> person.
>
> 6 Repeal. RSA 167-C:2 relative to guide dogs for individuals that are 
> blind,
> is repealed.
>
> 7 Effective Date. This act shall take effect January 1, 2012.
>
>
>
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