[NAGDU] HB2992

Sun Apr 23 03:24:13 UTC 2017

*Hello Mr. Gwizdala,
As a private citizen, an Owner Trainer, and a Service Dog Owner, I am 
part of a group that is taking part in drafting a new Service Dog law in 
Illinois. We are doing so to prevent Representative Manley from 
continuing to inflict the illegality of her HB3162. Which, we suspect, 
is dead. Ms. Manley is bound and determined to pass a SD law in Illinois.
The group is taking as our model the Florida statute. We are reviewing 
the statute line by line and will most likely only be making minor 
tweaks for use in Illinois. The members of the group feel that doing so 
will bring Illinois into closer alignment with the ADA.

Yours, Very Sincerely And Respectfully,

Wayne M. Scace

*On 4/14/2017 9:39 AM, NAGDU President via NAGDU wrote:
> Dear All,
>
> 	When the Florida bill was first introduced, we neither opposed nor
> supported it. I did express my opinion that the law was unenforceable;
> however, I do believe it could have a deterrent effect. I know of at least
> one instance in which a woman at my church told me she would be traveling on
> Amtrak and taking her dachshund, telling Amtrak it was a service dog. I told
> her about the state law and she said she would rethink her decision. She
> ended up leaving her dog at home with her daughter.
>
> 	I would leave this up to each affiliate to decide; however, I don't
> think there is any harm in such a law and we should follow the Florida
> affiliate's lead and neither oppose nor support it. Even as a deterrent, it
> could be helpful but, at least, is not harmful like some other bills we have
> seen introduced.
>
> Fraternally yours,
> Marion Gwizdala
>
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU)
> National Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
>
>
> The National Federation of the Blind knows that blindness is not the
> characteristic that defines you or your future. Every day we raise
> expectations because low expectations create barriers between blind  people
> and our dreams. You can live the life you want! Blindness is not what holds
> you back.
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Julie Johnson via
> NAGDU
> Sent: Friday, April 14, 2017 9:32 AM
> To: NAGDU Mailing List, the National Association of Guide Dog Users
> Cc: Julie Johnson
> Subject: Re: [NAGDU] HB2992
>
> Well, it's a nice idea, but the big problems I see with it are:
> 1.  who decides if a person has a disability?  remember we are talking
> about every conceivable disability, not just blindness.
> 2. who decides if the dog is task trained?  Again, we are talking about
> all disabilities and all types of service dogs.  People with seizures
> don't have them on cue to demonstrate the dog's skills.
>
> A law like this, while well intention, is for all practical purposes
> unenforceable as written.  It further has the potential to
> significantly  violate any privacy disabled people have regarding their
> disability.  I know blind people don't have an issue with the privacy
> part, but other groups of disabled folks absolutely do.  How about a
> veteran with post traumatic stress disorder having to explain the death
> and mayhem he witnessed and the effects on his life to a clerk at the
> grocery store.
>
> Maybe this was covered in the law in some way that protects disabled
> folks from being questioned everywhere we go and maybe there are
> provisions to address the privacy concerns.   I didn't go read the
> proposed law in it's entirety.
>
> Julie
> On 4/14/2017 7:12 AM, Howard J. Levine via NAGDU wrote:
>>      
>>     
>>     By: Neave H.B. No. 2992
>>
>>     
>>     
>>      
>> A BILL TO BE ENTITLED
>>    
>>      
>> AN ACT
>>    
>>      relating to assistance animals used by persons with disabilities
>>      and to the prosecution of the offense of misrepresenting an animal
>>      as an assistance animal.
>>             BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
>>             SECTION 1.  Section 121.002(1), Human Resources Code, is
>>      amended to read as follows:
>>                   (1)  "Assistance animal" and "service animal" mean a
>>      canine that is specially trained or equipped to do work or perform
>>      tasks to help a person with a disability and that is used by a person
>>      with a disability.
>>             SECTION 2.  Section 121.006, Human Resources Code, is
>>      amended by amending Subsection (a) and adding Subsection (a-1) to
>>      read as follows:
>>             (a)  A person commits an offense if the person fits an [who
>>      uses a service] animal with a harness, collar, vest, sign, tag, or
>>      leash of the type commonly used by persons with disabilities who use
>>      trained animals so that the person can gain access, permission, or
>>      benefits provided to persons with disabilities who use assistance
>>      animals by representing[, in order to represent] that the [his or
>>      her] animal is a specially trained service animal or assistance
>>      animal when training has not in fact been provided or is not being
>>      provided
>>      .
>>             (a-1)  An offense under Subsection (a)[,] is [guilty of] a
>>      misdemeanor punishable [and on conviction shall be punished] by:
>>                   (1)  a fine of not more than $300; and
>>                   (2)  30 hours of community service to be performed for a
>>      governmental entity or nonprofit organization that primarily
>>      serves persons with visual impairments or other disabilities, or
>>      for another entity or organization at the discretion of the court,
>>      to be completed in not more than one year.
>>             SECTION 3.  The changes in law made by this Act to Section
>>      121.006, Human Resources Code, apply only to an offense committed
>>      on or after the effective date of this Act. An offense committed
>>      before the effective date of this Act is governed by the law in
>>      effect when the offense was committed, and the former law is
>>      continued in effect for that purpose. For purposes of this section,
>>      an offense was committed before the effective date of this Act if
>>      any element of the offense occurred before that date.
>>             SECTION 4.  This Act takes effect September 1,
>>
>> -----Original Message-----
>> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of Buddy Brannan
> via
>> NAGDU
>> Sent: Friday, April 14, 2017 5:13 AM
>> To: NAGDU Mailing List, the National Association of Guide Dog Users
>> Cc: Buddy Brannan
>> Subject: Re: [NAGDU] HB2992
>>
>> <broken_record>
>> I think this bill, well intentioned as it is, and as most of this sort do,
>> is coming at the issue from the wrong angle, judging only by your summary
> of
>> it.
>> </broken_record>
>>
>> --
>> Buddy Brannan, KB5ELV - Erie, PA
>> Phone: 814-860-3194
>> Mobile: 814-431-0962
>> Email: buddy at brannan.name
>>
>>
>>
>>
>>> On Apr 14, 2017, at 1:55 AM, Jessica N. Naert via NAGDU
> <nagdu at nfbnet.org>
>> wrote:
>>> Some of us have discussed this a little bit before. On Monday in Texas,
> HB
>> 2992 is going to committee to be discussed. Victoria Neave's office
> authored
>> this bill. Here is what it hopes to accomplish:
>>> Would provide that a person commits a misdemeanor offense when they
>> falsely represent their animal as a service animal in order to gain
> access,
>> permission, or benefits reserved for people with disabilities who use
>> service animals. False representation would occur when a person fits an
>> animal with a harness, collar, vest, sign, tag, or leash of the type
>> commonly used by service animals when the animal has not in fact been
>> specially trained.
>>> For the actual language of the bill:
>>> http://www.capitol.state.tx.us/tlodocs/85R/billtext/html/HB02992I.htm
>>>
>>> What do you all think?
>>> _______________________________________________
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