[NAGDU] Fwd: Service Animals LB 553

marianne at denningweb.com marianne at denningweb.com
Thu Jan 24 22:37:28 UTC 2019


I think this is very confusing. There is a difference between an assistance or emotional support animal and a service dog. This does not clarify that to me at all. Is there separate service dog legislation? If so, then that legislation would cover our guide dogs. 

-----Original Message-----
From: NAGDU <nagdu-bounces at nfbnet.org> On Behalf Of Matt Hackert via NAGDU
Sent: Thursday, January 24, 2019 4:23 PM
To: NAGDU Mailing List, the National Association of Guide Dog Users <nagdu at nfbnet.org>
Cc: Matt Hackert <matt.hackert at gmail.com>
Subject: Re: [NAGDU] Fwd: Service Animals LB 553

Here is the text for everyone:
LB553	LB553
2019	2019
LEGISLATURE OF NEBRASKA
ONE HUNDRED SIXTH LEGISLATURE
FIRST SESSION
LEGISLATIVE BILL 553

Introduced by Clements, 2.
Read first time January 22, 2019
Committee: Judiciary
1	A BILL FOR AN ACT relating to civil rights; to require reasonable
2	accommodation for a person with a disability to have an assistance
3	animal in a dwelling as prescribed; to define terms; and to provide
4	a written verification process.
5	Be it enacted by the people of the State of Nebraska,
-1-
LB553	LB553
2019	2019
1	Section 1.  (1) For purposes of this section:
2	(a) Assistance animal means an animal that works, provides
3	assistance, or performs tasks for the benefit of a person with a
4	disability or that provides emotional support to such person that
5	alleviates one or more identified symptoms or effects of a person's
6 disability;
7	(b) Disability means a physical or mental impairment that
8	substantially limits one or more major life activities of a person;
9	(c) Dwelling means any building, structure, or portion thereof which
10	is occupied as or designed or intended for occupancy as a residence
for 11 one or more families; and
12	(d) Health service provider means a physician, psychologist, or
13	mental health practitioner licensed to practice in Nebraska under the
14	Uniform Credentialing Act. It does not include a physician, psychologist,
15	or mental health practitioner whose sole service to a resident of this
16	state is to provide written verification, including written verification
17	from an online or Internet source or web site, in exchange for a
fee and 18 provides no other service to such resident.
19	(2) Any person who offers to rent or otherwise make available a
20	dwelling to a resident of this state who is a person with a disability
21	whose disability is not readily apparent and who seeks a reasonable
22	accommodation for an assistance animal in such dwelling may require that
23	the person with a disability provide written verification from a health
24	service provider that:
25	(a) He or she is a person with a disability;
26	(b) There is a disability-related need for the assistance animal;
27	and
28	(c) The assistance animal assists the person with a disability in
29 managing his or her disability.
-2-


On 1/24/19, Julie Johnson via NAGDU <nagdu at nfbnet.org> wrote:
> Could someone cut and paste the text to the list?  I am using older 
> software and am having difficulty getting to the proposed bill.  BTW I 
> am a Nebraska resident and am seriously interested in this.
>
> Julie
> On The Go with Guide-and-Service-Dogs.com 
> http://www.guide-and-service-dogs.com
> also find my products in the Blind Mice Mega Mall 
> <https://www.blindmicemegamall.com/bmm/shop/Directory_Departments?stor
> eid=1916046>
> -----Original Message-----
> From: NAGDU President via NAGDU
> Sent: Thursday, January 24, 2019 11:04 AM
> To: 'NAGDU Mailing List,the National Association of Guide Dog Users'
> Cc: NAGDU President
> Subject: Re: [NAGDU] Fwd: Service Animals LB 553
>
> Matt,
>
> I have attempted to opoen and read the bill but have been unsuccessful.
> Would you please send it to me directly to
>
> president at nagdu.org
>
> Thank you very much!
>
> Marion
>
>
> Marion Gwizdala, President
> National Association of Guide Dog Users Inc. (NAGDU) National 
> Federation of the Blind
> (813) 626-2789
> President at NAGDU.ORG
> Visit our website
> Follow us on Twitter
> 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 Matt 
> Hackert via NAGDU
> Sent: Thursday, January 24, 2019 10:03 AM
> To: NAGDU at nfbnet.org
> Cc: Matt Hackert
> Subject: [NAGDU] Fwd: Service Animals LB 553
>
> Good morning,
> The following is a piece of legislation submitted to the Nebraska 
> Unicameral. I am afraid I am not well-versed in legalese, but some 
> things do look concerning, and not just for blind guide dog users. 
> This bill also seems unnecessary.
>
> Is there someone with the expertise to take a look, and give feedback, 
> and further assistance, if necessary?
>
> Thanks and regards,
> Matt
>
> Sent from my iPhone
>
> Begin forwarded message:
>
>> From: "Hackert, Matt" <matt.hackert at nebraska.gov>
>> Date: January 24, 2019 at 08:57:38 CST
>> To: Matt Hackert <matt.hackert at gmail.com>
>> Subject: FW: Service Animals LB 553
>>
>>
>>
>> From: Jenkins, Carol <carol.jenkins at nebraska.gov>
>> Sent: Thursday, January 24, 2019 7:36 AM
>> To: Hackert, Matt <matt.hackert at nebraska.gov>; Altman, Jeff 
>> <jeff.altman at nebraska.gov>; DeWall, Greg <Greg.DeWall at nebraska.gov>
>> Subject: Service Animals LB 553
>>
>> Hello,
>>
>> Kim Davis from the Commission for the Deaf told me about LB 553 which
>> relates to service animals in dwellings.    The link below will take you
>> to the proposed bill.  Kim copied and pasted specific sections of 
>> concerns
>>
>> to her, but they are pictures and Jaws won’t read it.  Going to the 
>> link is better.  Her concern is for deaf-blind and blind individuals 
>> who use guide dogs, but there are also other disabilities that use 
>> various service
>>
>> animals.  Thanks
>>
>> Warm Regards,
>> Carol Jenkins
>> Cell:  402-440-8120
>>
>>
>>
>> From: Davis, Kimberly J <kim.davis at nebraska.gov>
>> Sent: Wednesday, January 23, 2019 4:56 PM
>> To: Beth.Jordan at hknc.org; Coonts, Teresa 
>> <Teresa.Coonts at nebraska.gov>; Tanya Armstrong <tarmstrong at esu4.net>; 
>> Flearl, Nancy <nancy.flearl at nebraska.gov>; Jenkins, Carol 
>> <carol.jenkins at nebraska.gov>; Harrie, Brooke 
>> <brooke.harrie at nebraska.gov>
>> Subject: Service Animals LB 553
>>
>> Nebraska LB 553 relates to assistance animal in a dwelling….
>> https://nebraskalegislature.gov/FloorDocs/106/PDF/Intro/LB553.pdf.
>>
>> My concern is with the written verification process.  I found a 
>> “Special Attention” memo/document by the US Dept of Housing and Urban Development.
>> Excerpted from this memo/document below points out when can proof of 
>> a disability be considered and when it shouldn’t.  If you want the 
>> direct link of this document/memo, it can be found at 
>> https://archives.hud.gov/news/2013/servanimals_ntcfheo2013-01.pdf  
>> (from page 3-4).  Would love to know your thoughts of this proposed language in
>> this bill.   By the way, I think I will get a gorilla who can sign!  J
>>
>>
>>
>> Kim Davis
>> Advocacy Specialist
>> Nebraska Commission for the Deaf and Hard of Hearing
>> 4600 Valley Road, Suite 420
>> Lincoln NE 68510
>> (402) 261-2657 VP/VRS
>> (800) 545-6244 V/TTY
>> (402) 742-1120 FAX
>> www.ncdhh.nebraska.gov
>>
>>
>>
>> This message (including any attachments) contains confidential 
>> information
>>
>> intended for a specific individual and purpose, and is protected by law.
>> If you are not the intended recipient, you should delete this message.
>> Any disclosure, copying, or distribution of this message, or the 
>> taking of
>>
>> any action based on it, is strictly prohibited.
>>
>>
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