[NAGDU] HB2992

Wayne & Harley k9dad at k9di.org
Sun Apr 23 03:28:18 UTC 2017


*Hello Mr. Gwizdala,
Respectfully, I must disagree with regards to using Service Animal. It's 
too misleading.
I believe, and think that we should be more plain spoken and use Service 
Dog. That, however, is merely my own opinion.

Yours, Very Sincerely And Respectfully,


Wayne M. Scace

*On 4/14/2017 10:30 AM, NAGDU President via NAGDU wrote:
> I am in agreement with Cindy. I missed this part when reading the measure. I
> believe it is a good practice for us to make sure legislation uses
> consistent terminology and that terminology should be "service animal" in
> all access legislation.
>
> Fraternally yours,
> Marion
>
>
> 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 Cindy Ray via
> NAGDU
> Sent: Friday, April 14, 2017 10:44 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> Cc: Cindy Ray
> Subject: Re: [NAGDU] HB2992
>
> I suppose leaving it alone is a good method, but one concern I have about it
> is that it says "assistance" or "service" animal. So what is the difference?
> Does assistance mean as an emotional support dog? If it does, then what's to
> say the lady could say the dog was such a dog and take it on Amtrack?
> Cindy Lou Ray
> cindyray at gmail.com
>
>
> -----Original Message-----
> From: NAGDU [mailto:nagdu-bounces at nfbnet.org] On Behalf Of NAGDU President
> via NAGDU
> Sent: Friday, April 14, 2017 9:40 AM
> To: 'NAGDU Mailing List, the National Association of Guide Dog Users'
> <nagdu at nfbnet.org>
> Cc: NAGDU President <blind411 at verizon.net>
> Subject: Re: [NAGDU] HB2992
>
> 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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>>> me
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