Session Law

Identifying Information:L. 2003 ch. 064
Other Identifying Information:2003 Substitute for House Bill 2197
Tax Type:Other
Brief Description:An Act concerning persons with disabilities; relating to assistance dogs and certain other dogs; prohibiting certain acts and providing penalties for violations; amending K.S.A. 39-1101, 39-1102, 39-1103, 39-1107, 39-1108 and 39-1109 and K.S.A. 2002 Supp. 21- 4318 and repealing the existing sections.
Keywords:


Body:

CHAPTER 64

Substitute for HOUSE BILL No. 2197


An Act concerning persons with disabilities; relating to assistance dogs and certain other

dogs; prohibiting certain acts and providing penalties for violations; amending K.S.A.

39-1101, 39-1102, 39-1103, 39-1107, 39-1108 and 39-1109 and K.S.A. 2002 Supp. 21-


4318 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

New Section 1. As used in this act and in K.S.A. 39-1101 through

39-1109, and amendments thereto:

(a) ``Assistance dog'' means any guide dog, hearing assistance dog or

service dog.

(b) ``Guide dog'' means a dog which has been specially selected,

trained and tested for the purpose of guiding a person who is legally blind.

(c) ``Hearing assistance dog'' means a dog which is specially selected,

trained and tested to alert or warn individuals who are deaf or hard of

hearing to specific sounds.

(d) ``Professional therapy dog'' means a dog which is selected, trained

and tested to provide specific physical or therapeutic functions, under the

direction and control of a qualified handler who works with the dog as a

team, and as a part of the handler's occupation or profession. Such dogs,

with their handlers, perform such functions in institutional settings, com-

munity based group settings, or when providing services to specific per-

sons who have disabilities. ``Professional therapy dog'' does not include

dogs, certified or not, which are used by volunteers for pet visitation

therapy.

(e) ``Service dog'' means a dog which has been specially selected,

trained and tested to perform a variety of tasks for persons with disabil-

ities. These tasks include, but are not limited to: Pulling wheelchairs,

lending balance support, picking up dropped objects or providing assis-

tance in, or to avoid, a medical crisis, or to otherwise mitigate the effects

of a disability.

(f) The presence of a dog for comfort, protection or personal defense

does not qualify a dog as being trained to mitigate an individual's disability

and therefor does not qualify the dog as an assistance dog covered under

the provisions of this act.

Sec. 2. K.S.A. 39-1101 is hereby amended to read as follows: 39-

1101. It is hereby declared to be the policy of this state to encourage and

enable the blind, the visually handicapped disabled and persons who are

otherwise physically disabled to participate fully in the social and eco-

nomic life of the state and to engage in remunerative employment. Said

Such persons shall have the same right as the able-bodied to the full and

free use of the streets, highways, sidewalks, walkways, public buildings,

public facilities and other public places; and said such persons are entitled

to full and equal accommodations, advantages, facilities and privileges of:

(a) All common carriers, airplanes, motor vehicles, railroad trains, motor

buses, street cars, boats or any other public conveyances or modes of

transportation; (b) hotels, lodging places and places of public accommo-

dation, amusement or resort, including food service establishments and

establishments for sale of food; and (c) other places to which the general

public is invited, subject only to the conditions and limitations established

by law and applicable alike to all persons.

Sec. 3. K.S.A. 39-1102 is hereby amended to read as follows: 39-

1102. Every totally or partially legally blind person shall have the right to

be accompanied by a guide dog, especially specially selected, trained and

tested for the purpose, in or upon any of the places listed in K.S.A. 39-

1101, and amendments thereto, in the acquisition and use of rental, res-

idential housing and in the purchase and use of residential housing with-

out being required to pay an extra charge for the guide dog, except that

such person shall be liable for any damage done to the premises or facil-

ities by such dog.

Sec. 4. K.S.A. 39-1103 is hereby amended to read as follows: 39-

1103. Any person, firm, corporation, or the agent of any person, firm or

corporation, who denies or interferes with admittance to or enjoyment of

the public facilities enumerated in K.S.A. 39-1101 and 39-1102, and

amendments thereto, or otherwise interferes with the rights of a totally

or partially blind person, otherwise disabled person or trainer of a guide

dog under K.S.A. 39-1101, 39-1102, 39-1108 and 39-1110, and amend-

ments thereto, shall be the exercise of the rights recognized in K.S.A. 39-

1101, 39-1102, 39-1107, 39-1108 or 39-1109, and amendments thereto,

is guilty of a misdemeanor.

Sec. 5. K.S.A. 39-1107 is hereby amended to read as follows: 39-

1107. Every hearing impaired person has the right to be accompanied by

a hearing assistance dog, especially specially selected, trained and tested

for the purpose of hearing assistance, in all hotels, motels and other places

of lodging and housing in or upon any of the places listed in K.S.A. 39-

1101, and amendments thereto, in the acquisition and use of rental, res-

idential housing and in the purchase and use of residential housing with-

out being required to pay an extra charge for the hearing assistance dog.

The hearing impaired person shall be liable for any damage done to the

premises or facilities by such dog.

Sec. 6. K.S.A. 39-1108 is hereby amended to read as follows: 39-

1108. Every person with a physical disability shall have the right to be

accompanied by a service dog, especially specially selected, trained and

certified tested for the purpose which shall include, but not be limited to,

pulling a wheelchair, opening doors and picking up objects, in or upon

any of the places listed in K.S.A. 39-1101, and amendments thereto, in

the acquisition and use of rental, residential housing and in the purchase

and use of residential housing without being required to pay an extra

charge for the service dog. Such person shall be liable for any damage

done to the premises by such dog.

Sec. 7. K.S.A. 39-1109 is hereby amended to read as follows: 39-

1109. Any professional trainer, from a recognized training center, of a

guide dog, hearing assistance dog or service an assistance dog, while en-

gaged in the training of such dog, shall have the right to be accompanied

by such dog in or upon any of the places listed in K.S.A. 39-1101, and

amendments thereto, without being required to pay an extra charge for

such dog. Such trainer shall be liable for any damage done to the premises

of facilities by such dog.

New Sec. 8. Any qualified handler of a professional therapy dog

when accompanied by such dog and when using any conveyance of public

transportation available to all members of the general public, and when

renting and using accommodations in motels, hotels and other temporary

lodging places shall have the right to be accompanied by such dog in such

places. Any owner or employee of a business or retail establishment to

which the public is invited, including establishments which serve or sell

food, shall admit a professional therapy dog, accompanied by its qualified

handler, to the business. The qualified handler shall be liable for any

damage done by the dog to any such conveyance or facility.

New Sec. 9. (a) If a question arises as to whether an assistance dog

qualifies under this act to accompany a person with a disability in or upon

any place set forth in K.S.A. 39-1101, and amendments thereto, the per-

son with a disability may produce for the employee or person responsible

for such place an identification card or letter conforming to the require-

ments of this subsection. Upon production of such identification card or

letter, the assistance dog shall be allowed to accompany the person with

a disability in or upon such place.

(1) If the assistance dog has been trained by a training facility, school

or trainer, the identification card or letter shall be provided by the training

facility, school or trainer that trained the dog and shall contain the fol-

lowing information: (A) The legal name of the dog's user; (B) the name,

address and telephone number of the facility, school or trainer who

trained the dog; (C) whether the dog is designated as a guide, hearing

assistance or service dog; and (D) a picture or digital photographic like-

ness of the dog user and the dog. If a card is used, the picture or digital

photographic likeness shall be on the card. If a letter is used, the picture

or digital photographic likeness shall either be printed as a part of the

letter or be affixed to the letter.

(2) If the assistance dog has been trained by the person using the

dog, the identification card or letter shall contain the following informa-

tion: (A) The legal name of the dog's user; (B) the dog user's address; (C)

a statement that the dog has been trained to mitigate the dog user's

disability; and (D) a picture or digital photographic likeness of the dog

user and the dog. If a card is used, the picture or digital photographic

likeness shall be on the card. If a letter is used, the picture or digital

photographic likeness shall either be printed as a part of the letter or be

affixed to the letter.

(b) If a question arises as to whether a dog handler is qualified, or

whether the dog accompanying the handler is qualified as a professional

therapy dog, to enter in or upon the places set forth in section 8, and

amendments thereto, an employee or person responsible for such places

may request, and the qualified handler shall produce, an identification

card or letter, provided by the training facility, school or trainer who

trained the dog. Such card or letter shall contain the following informa-

tion: (1) The legal name of the qualified dog handler; (2) the name, ad-

dress and telephone number of the facility, school or trainer who trained

the dog; (3) information documenting that the dog is trained to provide

therapeutic supports; and (4) a picture or digital photographic likeness of

the qualified handler and the dog. If a card is used, the picture or digital

photographic likeness shall be on the card. If a letter is used, the picture

or digital photographic likeness shall either be printed as a part of the

letter or be affixed to the letter.

(c) If a question arises as to whether an individual accompanied by a

dog is a professional trainer, from a recognized training center, of an

assistance dog, in order to enter in or upon a place set forth in K.S.A. 39-

1101, and amendments thereto, an employee or person responsible for

such place may request, and the trainer shall produce, an identification

card provided by the recognized training center containing the following

information: (1) The legal name of the trainer; (2) the name of the training

center; (3) the address and telephone number of the training center; (4)

the types of functions for which dogs are trained by the center; and (5) a

picture or digital photographic likeness of the trainer.

(d) An identification card or letter produced for inspection pursuant

to this section shall be promptly returned to the person with a disability,

the qualified handler or the professional trainer after inspection.

New Sec. 10. It is a class A nonperson misdemeanor for any person

to:

(a) Represent that such person has the right to be accompanied by

an assistance dog in or upon any place listed in K.S.A. 39-1101, and

amendments thereto, or that such person has a right to be accompanied

by a professional therapy dog in or upon any place listed in section 8, and

amendments thereto, unless such person has the right to be accompanied

in or upon such place by such dog pursuant to this act; or

(b) represent that such person has a disability for the purpose of ac-

quiring an assistance dog unless such person has such disability.

Sec. 11. K.S.A. 2002 Supp. 21-4318 is hereby amended to read as

follows: 21-4318. (a) Inflicting harm, disability or death to a police dog,

arson dog, assistance dog or search and rescue dog is knowingly and in-

tentionally, and without lawful cause or justification poisoning, inflicting

great bodily harm, permanent disability or death, upon a police dog, arson

dog, assistance dog or search and rescue dog.

(b) As used in this section:

(1) ``Arson dog'' means any dog which is owned, or the service of

which is employed, by the state fire marshal or a fire department for the

principal purpose of aiding in the detection of liquid accelerants in the

investigation of fires.

(2) ``Assistance dog'' has the meaning provided by section 1, and

amendments thereto.

(3) ``Fire department'' means a public fire department under the con-

trol of the governing body of a city, township, county, fire district or

benefit district or a private fire department operated by a nonprofit cor-

poration providing fire protection services for a city, township, county,

fire district or benefit district under contract with the governing body of

the city, township, county or district.

(3) (4) ``Police dog'' means any dog which is owned, or the service of

which is employed, by a law enforcement agency for the principal purpose

of aiding in the detection of criminal activity, enforcement of laws or

apprehension of offenders.

(4) (5) ``Search and rescue dog'' means any dog which is owned or

the service of which is employed, by a law enforcement or emergency

response agency for the purpose of aiding in the location of persons miss-

ing in disasters or other times of need.

(c) Inflicting harm, disability or death to a police dog, arson dog,

assistance dog or search and rescue dog is a class A nonperson misde-

meanor.

(d) This section shall be part of and supplemental to the Kansas crim-

inal code.

Sec. 12. K.S.A. 39-1101, 39-1102, 39-1103, 39-1107, 39-1108 and 39-

1109 and K.S.A. 2002 Supp. 21-4318 are hereby repealed.

Sec. 13. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 14, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003