MODEL STATE LAW ​ 010 Declaration - Policy.

The legislature declares: (1) As citizens, persons who are blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled have the same rights as the able-bodied to the full and free use of the streets, highways, walk-ways, public buildings, public facilities, and other public places. (2) Persons who are blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled are entitled to full and equal accommodations, advantages, facilities, and privileges on any public conveyance operated on land or water, or in the air, or any stations and terminals thereof, not limited to, taxis, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, and in; any educational institution, not limited to, any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, and in; places of public resort, accommodation, assemblage or amusement, not limited to, hotels, lodging places, restaurants, theaters, and in all 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. (3) Persons who are blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled persons shall be entitled to rent, lease, or purchase, as other members of the general public, any housing accommodations offered for rent, lease, or other compensation in this state, subject to the conditions and limitations established by law and applicable alike to all persons. (a) "Housing accommodations" means any real property or portion thereof that is used or occupied, or intended, arranged, or designed to be used or occupied, as the home, residence, or sleeping place of one or more human beings, but does not include any single-family residence the occupants of which rent, lease, or furnish for compensation to more than one room therein. ​ 030 "Guide Dog" defined. Guide Dog, means a dog that has been or is being specially trained to aid a particular blind or visually impaired person. ​ 032 "Hearing Dog" defined. Hearing Dog, means a dog that has been or is being specially trained to aid a particular deaf or the hard of hearing person. ​ 034 "Service Dog" defined. Service dog, means a dog that has been or is being specially trained to aid a particular physically disabled person with a physical

disability other than sight or hearing. ​ 040 "Assistance Dog" defined. Assistance Dog means a dog that has been or is being trained as a Guide Dog, Hearing Dog or Service Dog. ​ 050 Assistance dog - Extra charge or refusing service because of dog is prohibited. Every disabled person has the right to be accompanied by an Assistance Dog, specially trained for that person, in any places listed in 010 (2) and (3) without being required to pay an extra charge for the Assistance Dog. Each disabled person using an Assistance Dog is solely liable for any damage done to persons, premises or facilities by the Assistance Dog. ​ 055 Trainers and dogs in training. Every trainer or puppy raiser of an Assistance Dog shall have the same rights and privileges as stated in 050 for every person with a disability. Each trainer or puppy raiser, during the training of an Assistance Dog is liable for any damage done to persons, premises or facilities by that Assistance Dog. ​ 060 Penalty for injuring, or interfering with an Assistance Dog. Civil actions; damages; cost and attorney's fees. 1. It is unlawful for any person, corporation or the agent of any corporation who: (a) Withholds, denies, deprives or attempts to withhold, deny or deprive any other person of any right or privilege secured by 050 and 055; (b) Intimidates, threatens, coerces or attempts to threaten, intimidate or coerce any other person to interfere with any right or privilege secured by 050 and 055; or (c) Punishes or attempts to punish any person for exercising or attempting to exercise any right or privilege secured by 050 and 055. 2. It is unlawful for any person to injure an Assistance Dog and shall be liable for the injuries to the Assistance Dog and if necessary the replacement and compensation for the loss of the Assistance Dog. 3. It is unlawful for the owner of a dog to allow that dog to injure an Assistance Dog, because the owner failed to control or leash the dog. The owner shall also be liable for the injuries to the Assistance Dog and if necessary the replacement and compensation for the loss of the Assistance Dog. 4. Any person who violates subsection 1, is guilty of a misdemeanor. Any person who purposely or negligently violates subsections 2 or 3, is guilty of a misdemeanor. Violations shall be punished by imprisonment in the county jail for not more than 6 months, or by a fine of not less than $100.00, or by both

fine and imprisonment. Any person or corporation who violates subsections 1, 2, or 3 is also liable to the person whose rights under 050 and 055 were violated, for actual damages for any economic loss and/or punitive damages, to be recovered by a civil action in a court in and for the county in which the infringement of civil rights occurred or in which the defendant lives. 5. In an action brought under this section, the court shall award costs and reasonable attorney's fees to the prevailing party. ​ 070 Precautions for drivers of motor vehicles approaching pedestrian who is carrying white cane or using an Assistance Dog. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white in color (with or without a red tip) or a blind, visually impaired, deaf, hard of hearing, or otherwise physically disabled person using an Assistance Dog shall take all necessary precautions to avoid injury to such pedestrian. Any driver who fails to take such precaution shall be liable in damages for any injury caused to such a pedestrian and/or any injury caused to the pedestrian's Assistance Dog. It shall be unlawful for the operator of any vehicle to drive into or upon any crosswalk while there is on such crosswalk, such pedestrian, crossing or attempting to cross the roadway, if such pedestrian indicates his intention to cross or to continue. The failure of any such pedestrian so to signal shall not deprive him of the right of way accorded him by other laws. ​ 090 Exemption from license fees. Assistance Dogs shall be exempt from any state or local fees for licenses. 01-02994