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An Act Regarding Service Dogs in Maine

127th MAINE LEGISLATURE

FIRST REGULAR SESSION-2015

Legislative Document No. 547

H.P.

371 House of Representatives, February 26, 2015

An Act Regarding Service Dogs

Reference to the Committee on Agriculture, Conservation and Forestry suggested and

ordered printed.

ROBERT B. HUNT

Clerk

Presented by Representative CAMPBELL of Orrington. (BY REQUEST)

Cosponsored by Senator SAVIELLO of Franklin and

Representatives: DOORE of Augusta, LAJOIE of Lewiston, MAKER of Calais, NADEAU of

Winslow, STANLEY of Medway, TUELL of East Machias.

Printed on recycled paper

table with 2 columns and 33 rows

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 7 MRSA §3922, sub-§4, as amended by PL 2007, c. 664, §11, is further

amended to read:

Service dogs. If a service dog has not been previously registered or licensed by

the municipal clerk to whom the application is being made, the clerk may not register the

dog nor issue to its owner or keeper a license and tag that identifies the dog as a service

dog unless the applicant presents written evidence to the municipal clerk that the dog

meets the definition of “service dog.” For the purpose of this subsection “written

evidence” means a service dog certification form approved by the department in

consultation with the Maine Human Rights Commission. The service dog certification

form must include a letter signed by a physician, psychologist, physician assistant or

nurse practitioner indicating that the owner or keeper or a member of the owner’s or

keeper’s household requires the service dog and a certification or other document

indicating that the service dog has completed training from an established service animal

training organization or has been evaluated by a certified animal trainer and found to have

a sound temperament suitable for a service dog.

Sec. 2. 7 MRSA §3923-B, sub-§1-A is enacted to read:

1-A. Service dog registration tag. In accordance with subsection 1, the department

shall ensure that, with regard to the registration and licensing of a service dog, the service

dog’s registration tag clearly indicates that the dog is a service animal pursuant to Title 5,

section 4553, subsection 9-E. The department shall devise a method of ensuring that a

service dog’s registration tag is clearly visible to the public.

SUMMARY

This bill requires that an individual registering a service dog present to the municipal

clerk a letter signed by a physician, psychologist, physician assistant or nurse practitioner

indicating that the individual or a member of the individual’s household requires the

service dog and a certification or other document indicating that the service dog has

completed training from an established service animal training organization or has been

evaluated by a certified animal trainer and found to have a sound temperament suitable

for a service dog. It also requires the Department of Agriculture, Conservation and

Forestry to ensure that the registration tag of a service dog clearly indicates that the dog is

a service animal and to devise a method of ensuring that a service dog’s registration tag is

visible to the public.

Congratulations to the Successful Advocates for the Civil Rights of Guide and Service Dog Users in Arizona

This morning the Arizona House of Representatives held a hearing on a proposed amendment to a bill which was expected to have widespread and bipartisan support, as it dealt with amusement park safety and replaced an older law which needed to be updated. Unlike the bill, the proposed amendment would have had disastrous consequences for guide and service dog users in Arizona — requiring them to register annually as people with disabilities who needed to use service dogs, requiring their dogs to wear garments identifying themselves and their owners with photo IDs, requiring guide and service dog users to have annual medical appointments to verify their disabilities, and barring service dogs from restaurants and virtually anywhere else owners could claim health code violations. In addition, the proposed amendment would have disavowed the state’s obligation to follow the Americans with Disabilities Act.

Notice of the proposed amendment and the hearing concerning it was released only yesterday, and you can imagine how the blindness and disability communities must have had to scramble to arrive at the hearing this morning and to sign up to testify.

GDUI received great news from Liz Whitlock, president of Guide Dog Users of Arizona, who was able to attend the hearing and to share the good news with all of us that advocacy worked extremely well to defeat the amendment. It went down “in flames,” by an 8 to 0 vote against its inclusion in the bill.

GDUI wants to congratulate Liz and all of the members of GDUAZ on successfully defeating this proposed draconian legislation.

In addition to showing up at the hearing and signing up to testify, many members of GDUAZ wrote compelling letters to their representatives and to the chair of the committee who had introduced the amendment. Ron Brooks wrote one of the most effective letters related to advocacy for civil rights and against restricting those rights any of us has ever seen.

I am sharing Liz’s message to me concerning today’s outcome, and I know that all of you join me in congratulating GDUAZ, and the blindness and disability communities — even as we remind ourselves that we must remain ever vigilant to preserve and defend our hard-won civil rights!

Here is Liz’s message:

Hi Penny,

Good News from Arizona. The amendment failed to the proposal, 8-0. The

room was filled with guide dog users, service dog users, trainers, attorneys

(speaking on behalf of illegalities), agencies representing the blind and

visually impaired community, and even one person from the restaurant

industry. I was slotted to speak, but a ways down the list. After 16 or 17

people has spoken in opposition of the amendment, the committee recessed and

took a vote.

We are thankful that the proposition did not go through, and will keep a

close eye to ensure it does not pop up again.

Thanks for the support,

Liz Whitlock

You and your Guide Dog welcomes Penny Reeder

You and your Guide Dog welcomes Penny Reeder, the national President of Guide Dog users, Inc., tonight at 8 pm. EST. If you wish to attend via the telephone, come by ten minutes prior to the event by calling (605) 475-6777; access code: 090807 followed by a press of the pound key.

You can also attend by computer. Go to: www.accessibleworld.org and hit h until you hear conference rooms. Then tab down to Guide Dog users Room and enter. If this is your first time, then tab down to download and enter. Download run and install our simple software and you will be prompted to reenter the room. Then put your name in the username field and tab once to log in and enter. No password is needed.

Hope to talk with many of you this evening.

Bob Acosta

Disaster Assistance and Preparedness Program (DAPP)

The Disaster Assistance and Preparedness Program (DAPP) is now available to GDUI members who are teamed with a guide dog. The fund was created in June 2011 with the funding provided by a private donation. Since then, the program has been renamed to better reflect its purpose.

A devastating event like an earthquake, wild fire, or act of terrorism can leave people feeling confused and not sure where to go for help. Because we know that adversity can befall any one of us, leaving us with few resources and even fewer places to turn for help, Guide Dog Users Inc., (GDUI) offers the Disaster Assistance and preparedness Program (DAPP).

GDUI members with working dogs recovering from a catastrophic event can apply for a stipend to purchase dog food and other essential supplies on behalf of their working dogs.

We encourage all GDUI members who are currently working with guide dogs to read the instructions outlined below carefully; if you find yourselves facing financial crisis in caring for your dog as a result of a natural disaster or catastrophic event, to call or e-mail and ask us for help. Who can apply • Once the application is submitted, the proposed funds shall be issued only to a current GDUI member with a current working guide dog. • Guide dog and handler must have been directly and negatively impacted by a recent

Disaster and in need of financial assistance for the well-being of the working dog.

GDUI’s Disaster Assistance and Preparedness Program funds will be available for three (3) weeks from the first date of a known and declared disaster. • Each GDUI member with a guide dog will be allowed a onetime monetary assistance grant of $50.00 after the application is processed. • Prior to releasing any funds, the applicant’s required information and qualifications will be verified and approved by the DAPP committee.
Upon approval, the funds will be issued by GDUI ‘Treasurer (or designee), to the applicant or directly to a vendor such as a pet food store or veterinarian depending on each circumstance. • An applicant must live in the affected area and have been negatively impacted. Additionally, the working guide dog must be in immediate need of resources to ensure proper daily care, food, medicine, veterinary intervention and/or to meet other needs.

How to Apply please read this section before proceeding to the bottom of the page for the contact information. Thank you.

Please note, in the event the handler does not have any means of contacting GDUI due to the present disaster, he/she may have one of the following individuals or organizations communicate on his/her behalf: family member, friend, veterinary hospital or clinic, Humane Society, Red Cross/hospital, Salvation Army, religious institution, local or acting police or fire department or similar agency.

Depending on the individual circumstances, additional assistance may be requested by the applicant, based upon prior approval by the DAPP committee for possible additional funds.

The approved funds may be issued in the form of a gift card from a known store which carries pet/dog supplies or tendered as a pre-paid credit card. Funds may also be directly transferred to a Veterinarian or Veterinary hospital or clinic. The monies may also be issued by a GDUI check or money order, wire transfer or other means depending on the handler’s circumstances. The means of issued funds will be determined by the treasurer (or designee) in consultation with the applicant. • All information submitted to GDUI by the applicant may be used by the GDUI Board of Directors or committee of the Board for purposes of determining approval of the application. All information will be held in the strictest of confidence. A news release may be issued but the name of the recipient and/or guide dog will be kept confidential per applicant’s request.

***Exceptions of Eligibility*** The Disaster Assistance & Preparedness Program is not available for a retired guide dog, a puppy in training and / or puppy raiser, or any household pet.

***APPLICATION Process*** All necessary information is required before any funds will be issued. Required Information: The following information may be provided by telephone or e-mail before eligibility is determined. We are sympathetic to the high stress levels experienced by both guide dog handlers and their dogs, and we will do our best to secure all the required information so we can respond quickly. Please have the following information ready when making initial contact:

Handlers full name, home address, city, state, zip code and phone number(s), at the time of the disaster.
If applicant’s living situation is unsustainable, i.e., homeless/shelter/family/friends, GDUI require the following information: the name of the shelter, the name of the shelter director, and phone number of the shelter. If staying with family or friends, please provide the name, address and phone number of new location.

How to Contact GDUI DAPP Volunteer Staff: Applicants and/or those assisting the applicant can call or Email any member of the DAPP Committee:

Sarah Calhoun, Chair (Missouri)

Home: 636-942-5956

Cell: 314-753-5191

Sc-tico@att.net

Bob Acosta (California)

Home: 818-9980044

Cell: 818-620-2200

boacosta@pacbell.net

Ann Chiappetta (New York)

Cell: 914-393-6605

dungarees@optonline.net