Bill Summary – FastDemocracy

General Assembly                      Raised Bill No. 5440
       February Session, 2020               LCO No. 2270
     Referred to Committee on HUMAN SERVICES
     Introduced by:
       (HS)
 AN ACT CONCERNING SERVICE ANIMALS.
 Be it enacted by the Senate and House of Representatives in General
 Assembly convened:
       Section 1. Section 5-247b of the general statutes is repealed and the
    following is substituted in lieu thereof (Effective July 1, 2020):
      For purposes of this section, (1) "disability" has the same meaning as
   provided in 28 CFR 35.108, as amended from time to time, and (2)
   "service animal" has the same meaning as provided in 28 CFR 35.104, as
   amended from time to time, and includes a service animal in training.
   Each appointing authority shall grant to each full-time employee in a
   permanent position in the state [service or full-time employee of a] or
   quasi-public agency who [(1) is blind or physically disabled, and (2)] (A)
   has a disability, and (B) has been employed for at least twelve
   consecutive months, the use of accumulated paid sick leave, not to
   exceed [fifteen] twenty days, to participate in training conducted by [a
   guide dog organization or assistance dog organization] an organization
   that trains service animals, provided such organization is a member of
   a professional association of [guide dog or assistance dog] service
   animal schools, to prepare the employee to handle a [guide dog or
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 assistance dog] service animal for the employee's own use. The
 appointing authority may require up to seven days' advance notice of
 an employee's intention to use such leave and may require the employee
 to provide reasonable documentation that such leave is being taken for
 the purpose permitted under this section.
    Sec. 2. (NEW) (Effective July 1, 2020) For purposes of this section, (1)
 "disability" has the same meaning as provided in 28 CFR 35.108, as
 amended from time to time, and (2) "service animal" has the same
 meaning as provided in 28 CFR 35.104, as amended from time to time,
 and includes a service animal in training. Each chief elected official or
 chief executive officer of a municipality shall grant to each full-time
 employee in a permanent position who (A) has a disability, and (B) has
 been employed for at least twelve consecutive months, the use of
 accumulated paid sick leave, not to exceed twenty days, to participate
 in training conducted by an organization that trains service animals,
 provided such organization is a member of a professional association of
 service animal schools, to prepare the employee to handle a service
 animal for the employee's own use. The chief elected official or chief
 executive officer may require up to seven days' advance notice of an
 employee's intention to use such leave and may require the employee to
 provide reasonable documentation that such leave is being taken for the
 purpose permitted under this section.
    Sec. 3. Subsection (f) of section 13b-119 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (f) A transportation network company driver shall: (1) Comply with
 all applicable laws regarding nondiscrimination against transportation
 network company riders or potential transportation network company
 riders on the basis of age, color, creed, destination, intellectual or
 physical disability, national origin, race, sex, sexual orientation or
 gender identity; (2) comply with all applicable laws relating to the
 accommodation of service animals and accommodate service animals
 without imposing additional charges for such accommodation; (3)
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 comply with the policies adopted by the transportation network
 company pursuant to subsection (c) of section 13b-118 and subsections
 (d) and (e) of this section; (4) not impose additional charges for
 providing prearranged rides to persons with physical disabilities
 because of such disabilities; and (5) not solicit or accept a request for
 transportation unless the request is accepted through the transportation
 network company's digital network. For purposes of this subsection,
 "service animal" has the same meaning as provided in 28 CFR 35.104, as
 amended from time to time, and includes a service animal in training.
    Sec. 4. Section 14-300 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    (a) For purposes of this section and section 14-300i, "service animal"
 has the same meaning as provided in 28 CFR 35.104, as amended from
 time to time, and includes a service animal in training. The traffic
 authority shall have power to designate, by appropriate official traffic
 control devices, as defined in section 14-297, or markers, or by lines
 upon the surface of the highway, such crosswalks and intersections as,
 in its opinion, constitute a danger to pedestrians crossing the highway
 including, but not limited to, specially marked crosswalks in the vicinity
 of schools, which crosswalks shall have distinctive markings, in
 accordance with the regulations of the Office of the State Traffic
 Administration, to denote use of such crosswalks by school children;
 and may maintain suitable signs located at intervals along highways,
 particularly where there are no sidewalks, directing pedestrians to walk
 facing vehicular traffic.
    (b) At any intersection where special pedestrian-control signals
 bearing the words "Walk" or "Don't Walk" are placed, pedestrians may
 cross the highway only as indicated by the signal. At any intersection
 where traffic is controlled by other traffic control signals or by police
 officers, pedestrians shall not cross the highway against a red or "Stop"
 signal and shall not cross at any place not a marked or unmarked
 crosswalk. A pedestrian started or starting across the highway on a
 "Walk" signal or on any such crosswalk on a green or "Go" signal shall
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 have the right-of-way over all vehicles, including those making turns,
 until such pedestrian has reached the opposite curb or safety zone.
    (c) Except as provided in subsection (c) of section 14-300c, at any
 crosswalk marked as provided in subsection (a) of this section or any
 unmarked crosswalk, provided such crosswalks are not controlled by
 police officers or traffic control signals, each operator of a vehicle shall
 grant the right-of-way, and slow or stop such vehicle if necessary to so
 grant the right-of-way, to any pedestrian crossing the roadway within
 such crosswalk, provided such pedestrian steps off the curb or into the
 crosswalk at the entrance to a crosswalk or is within that half of the
 roadway upon which such operator of a vehicle is traveling, or such
 pedestrian steps off the curb or into the crosswalk at the entrance to a
 crosswalk or is crossing the roadway within such crosswalk from that
 half of the roadway upon which such operator is not traveling. No
 operator of a vehicle approaching from the rear shall overtake and pass
 any vehicle, the operator of which has stopped at any crosswalk marked
 as provided in subsection (a) of this section or any unmarked crosswalk
 to permit a pedestrian to cross the roadway. The operator of any vehicle
 crossing a sidewalk shall yield the right-of-way to each pedestrian and
 all other traffic upon such sidewalk.
    (d) The operator of a motor vehicle who approaches or comes into the
 immediate vicinity of a pedestrian who is blind, as defined in subsection
 (a) of section 1-1f, carrying a white cane or a white cane tipped with red,
 or a pedestrian being guided by a [guide dog] service animal, shall
 reduce speed or stop, if necessary, to yield the right-of-way to such
 pedestrian. No person, except one who is blind, shall carry or use on any
 street or highway, or in any other public place, a cane or walking stick
 which is white in color or white, tipped with red.
    (e) Any crosswalk designated by a traffic authority on or after
 October 1, 2010, pursuant to subsection (a) of this section shall be
 required by such authority to have markings, signage, or any control
 signals deemed necessary by such authority to provide sufficient time
 for the safe crossing of pedestrians.
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    (f) The operator of any motor vehicle who violates this section shall
 be fined not more than five hundred dollars.
    (g) In any civil action arising under subsection (c) or (d) of this section
 or sections 14-300b to 14-300d, inclusive, the doctrine of negligence per
 se shall not apply.
    Sec. 5. Section 22-345 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
     For purposes of this section and sections 22-357, 22-358 and 22-364b,
 as amended by this act, (1) "disability" has the same meaning as
 provided in 28 CFR 35.108, as amended from time to time, and (2)
 "service animal" has the same meaning as provided in 28 CFR 35.104, as
 amended from time to time, and includes a service animal in training.
 Any [blind, deaf or mobility impaired] person with a disability who is
 the owner or keeper of a dog [which has been trained and educated to
 guide and assist such person in traveling upon the public streets or
 highways or otherwise] that has been trained as a service animal shall
 receive a license and tag for such dog from the town clerk of the town
 where such dog is owned or kept. Such license and tag shall be issued
 in accordance with the provisions of section 22-340, and no fee shall be
 required of the owner or keeper of any such dog. When any such dog
 has not been previously licensed by the town clerk to whom application
 is being made, and it is not obvious that the dog is a service animal, such
 town clerk [shall not license such dog or issue to the owner a license and
 tag unless written evidence is exhibited to such clerk that the dog is
 trained and educated and intended in fact to perform such guide service
 for such applicant] may inquire, in accordance with the Americans With
 Disabilities Act, as amended from time to time, of such owner or keeper
 whether the dog is a service animal required because of a disability and
 what work or task the dog has been trained to perform. Any person who
 has a dog placed with such person temporarily, including for breeding
 purposes, by a nonprofit organization established for the purpose of
 training or educating [guide dogs to so assist blind, deaf or mobility
 impaired persons] the dog as a service animal shall receive a license and
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 tag for such dog from the town clerk of the town where such dog is kept.
 Such license and tag shall be issued in accordance with the provisions
 of section 22-340, and no fee shall be required for such license and tag,
 provided such person presents written evidence that such dog was
 placed with such person by such organization. [As used in this section
 and section 46a-44, "deaf person" means a person who cannot readily
 understand spoken language through hearing alone and who may also
 have a speech defect which renders such person's speech unintelligible
 to most people with normal hearing.]
    Sec. 6. Subdivision (3) of subsection (a) of section 22-357 of the general
 statutes is repealed and the following is substituted in lieu thereof
 (Effective July 1, 2020):
    (3) "The amount of such damage", with respect to a companion
 animal, includes expenses of veterinary care, the fair monetary value of
 the companion animal, including all training expenses for a [guide dog]
 service animal owned by a [blind person or an assistance dog owned by
 a deaf or mobility impaired person] person with a disability and burial
 expenses for the companion animal.
    Sec. 7. Subsection (c) of section 22-358 of the 2020 supplement to the
 general statutes is repealed and the following is substituted in lieu
 thereof (Effective July 1, 2020):
    (c) The commissioner, the Chief Animal Control Officer, any animal
 control officer, any municipal animal control officer or any regional
 animal control officer may make any order concerning the restraint or
 disposal of any biting dog, cat or other animal as the commissioner or
 such officer deems necessary. Notice of any such order shall be given to
 the person bitten by such dog, cat or other animal within twenty-four
 hours. The owner of such animal shall pay all fees as set forth in section
 22-333. Any owner or keeper of such dog, cat or other animal who fails
 to comply with such order shall be guilty of a class D misdemeanor. If
 an owner or keeper fails to comply with a restraining order made
 pursuant to this subsection, the Chief Animal Control Officer, any
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 animal control officer, any municipal animal control officer or any
 regional animal control officer may seize the dog, cat or other animal to
 ensure such compliance and the owner or keeper shall be responsible
 for any expenses resulting from such seizure. Any person aggrieved by
 an order of any municipal animal control officer, the Chief Animal
 Control Officer, any animal control officer or any regional animal
 control officer may request a hearing before the commissioner within
 fourteen days of the issuance of such order. Any order issued pursuant
 to this section that requires the restraint of an animal shall be effective
 upon its issuance and shall remain in effect during any appeal of such
 order to the commissioner. After such hearing, the commissioner may
 affirm, modify or revoke such order as the commissioner deems proper.
 Any dog owned by a police agency of the state or any of its political
 subdivisions is exempt from the provisions of this subsection when such
 dog is under the direct supervision, care and control of an assigned
 police officer, is currently vaccinated and is subject to routine veterinary
 care. Any [guide dog] service animal owned or in the custody and
 control of a [blind person or a person with a mobility impairment]
 person with a disability is exempt from the provisions of this subsection
 when such [guide dog] animal is under the direct supervision, care and
 control of such person, is currently vaccinated and is subject to routine
 veterinary care.
    Sec. 8. Section 22-364b of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    The owner or keeper of a dog shall restrain and control such dog on
 a leash when such dog is not on the property of its owner or keeper and
 is in proximity to a [blind, deaf or mobility impaired] person with a
 disability accompanied by his [guide dog] or her service animal,
 provided the [guide dog] service animal is in the direct custody of such
 [blind, deaf or mobility impaired person, is wearing a harness or an
 orange-colored leash and collar which makes it readily-identifiable as a
 guide dog] person, is wearing a harness or a vest readily identifying the
 animal as a service animal and is licensed in accordance with section 22-
 345, as amended by this act. Any person who violates the provisions of
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 this section shall have committed an infraction. If an owner or keeper of
 a dog violates the provisions of this section and, as a result of such
 violation, such dog attacks and injures the [guide dog] service animal,
 such owner or keeper shall be liable, as provided in section 22-357, as
 amended by this act, for any damage done to such [guide dog] service
 animal, and such liability shall include liability for any costs incurred by
 such [blind, deaf or mobility-impaired] person with a disability for the
 veterinary care, rehabilitation or replacement of the injured [guide dog]
 service animal and for reasonable attorney's fees.
    Sec. 9. Section 46a-44 of the general statutes is repealed and the
 following is substituted in lieu thereof (Effective July 1, 2020):
    (a) For purposes of this section and section 46a-64, as amended by
 this act, (1) "disability" has the same meaning as provided in 28 CFR
 35.108, as amended from time to time, (2) "service animal" has the same
 meaning as provided in 28 CFR 35.104, as amended from time to time,
 and includes a service animal in training, and (3) "perso