Session of 2000
HOUSE BILL No. 2924
By Representatives Freeborn, Allen,
Compton, Faber, Farmer, Flower,
Garner,
Humerickhouse, Hutchins, Johnson, Phill Kline, P. Long,
Mays,
Merrick, Neufeld, Powell, Tanner and Wagle
2-9
13 AN ACT
concerning disabled persons; regarding the use of specially
14 trained animals;
amending K.S.A. 39-1101, 39-1102, 39-1103, 39-1105,
15 39-1107, 39-1108 and
39-1109 and repealing the existing sections.
16
17 Be it enacted by the Legislature of the
State of Kansas:
18 New Section
1. As used in this act:
19 (a) "Disability"
or "disabled" means any physical, mental, emotional
20 or other hidden condition which
substantially limits a major life activity
21 such as caring for one's self, performing
manual tasks, walking, seeing,
22 hearing, speaking, breathing, learning,
working or sensing oncoming
23 seizures.
24 (b) "Guide dog or
guide animal" means any dog or other animal es-
25 pecially trained to guide a totally or
partially blind person to participate
26 and enjoy such life activities as set out
in K.S.A. 39-1101, and amend-
27 ments thereto.
28 (c) "Hearing
assistance dog or hearing animal" means any dog or
29 other animal especially trained to alerting
a hearing impaired person to
30 sounds or intruders.
31 (d) "Service or
assistance animal" means any animal individually
32 trained to do work or perform tasks for the
benefit of a person with a
33 disability. This can include, but is not
limited to, guiding a person with
34 impaired vision; alerting a person with
impaired hearing to the presence
35 of people or sounds; pulling a wheelchair
and retrieving dropped items.
36 New Sec.
2. Service or assistance animals can, but are not limited
to,
37 performing the following tasks:
38 (a) Lead persons
who have visual impairments;
39 (b) alert people
who have hearing impairments to the presence of
40 people or specific sounds;
41 (c) sense their
owners oncoming seizures and warn them so the per-
42 son has time to sit or lie down before the
seizure begins; and
43 (d) help the
physically and, or, emotionally disabled by picking up
2
1 things, providing support, carrying
items in backpacks, opening doors,
2 helping the person walk and, or,
providing minimal protection.
3 Sec.
3. K.S.A. 39-1101 is hereby amended to read as follows:
39-
4 1101. It is hereby declared to be the
policy of this state to encourage and
5 enable the blind, the visually
handicapped and, persons who are
otherwise
6 physically or emotionally
disabled and persons with otherwise hidden dis-
7 abilities to participate fully
in the social and economic life of the state
8 and to engage in remunerative
employment. Said persons shall have the
9 same right as the able-bodied to the
full and free use of the streets,
10 highways, sidewalks, walkways, public
buildings, public facilities and other
11 public places; and said persons are
entitled to full and equal accommo-
12 dations, advantages, facilities and
privileges of: (a) All common carriers,
13 airplanes, motor vehicles, railroad trains,
motor buses, street cars, boats
14 or any other public conveyances or modes of
transportation; (b) hotels,
15 lodging places and places of public
accommodation, amusement or resort,
16 including food service establishments and
establishments for sale of food;
17 and (c) other places to which the general
public is invited, subject only
18 to the conditions and limitations
established by law and applicable alike
19 to all persons.
20 Sec.
4. K.S.A. 39-1102 is hereby amended to read as follows:
39-
21 1102. Every totally or partially blind
person shall have the right to be
22 accompanied by a guide dog or other
service animal, especially trained
23 for the purpose, in or upon any of the
places listed in K.S.A. 39-1101,
24 and amendments thereto, in the acquisition
and use of rental, residential
25 housing and in the purchase and use of
residential housing without being
26 required to pay an extra charge for the
guide dog or other service animal,
27 except that such person shall be liable for
any damage done to the prem-
28 ises or facilities by such dog or
service animal.
29 Sec.
5. K.S.A. 39-1103 is hereby amended to read as follows:
39-
30 1103. Any person, firm, corporation, or
the agent of any person, firm or
31 corporation, who denies or interferes with
admittance to or enjoyment of
32 the public facilities enumerated in K.S.A.
39-1101 and 39-1102, and
33 amendments thereto, or otherwise interferes
with the rights of a totally
34 or partially blind person, otherwise
disabled person or trainer of a guide
35 dog or other service animal under
K.S.A. 39-1101, 39-1102, 39-1108 and
36 39-1110, and amendments thereto, shall be
guilty of a misdemeanor.
37 Sec.
6. K.S.A. 39-1105 is hereby amended to read as follows:
39-
38 1105. It is the policy of this state that
the blind, the visually handicapped
39 and persons who are otherwise physically
or emotionally disabled shall be
40 employed in the service of the state,
political subdivisions of the state,
41 the public schools and in all other
employment supported in whole or in
42 part by public funds, on the same terms and
conditions as the able-bodied,
43 unless it is shown that the particular
disability prevents the performance
3
1 of the work involved.
2 Sec.
7. K.S.A. 39-1107 is hereby amended to read as follows:
39-
3 1107. Every hearing impaired person
has the right to be accompanied by
4 a hearing assistance dog or other
service animal, especially trained for the
5 purpose of hearing assistance, in all
hotels, motels and other places of
6 lodging and housing without being
required to pay an extra charge for
7 the hearing assistance dog or
other service animal. The hearing impaired
8 person shall be liable for any damage
done to the premises or facilities
9 by such dog or service
animal.
10 Sec.
8. K.S.A. 39-1108 is hereby amended to read as follows:
39-
11 1108. Every person with a physical or
emotional disability shall have the
12 right to be accompanied by a service
dog animal, especially trained and
13 certified for the purpose which shall
include, but not be limited to, pulling
14 a wheelchair, opening doors and picking up
objects, in or upon any of the
15 places listed in K.S.A. 39-1101 and
section 2, and amendments thereto,
16 without being required to pay an extra
charge for the service dog animal.
17 Such person shall be liable for any damage
done to the premises by such
18 dog service
animal.
19 Sec.
9. K.S.A. 39-1109 is hereby amended to read as follows:
39-
20 1109. Any trainer, from a recognized
training center, of a guide dog,
21 hearing assistance dog or service
dog service animal, while engaged in
22 the training of such dog
animal, shall have the right to be accompanied
23 by such dog animal
in or upon any of the places listed in K.S.A. 39-1101,
24 and amendments thereto, without being
required to pay an extra charge
25 for such dog
animal. Such trainer shall be liable for any damage done
to
26 the premises of facilities by such
dog animal.
27 New Sec.
10. The secretary of health and environment shall adopt
28 rules and regulations necessary to
implement the access provisions of
29 K.S.A. 39-1101 through 39-1109, including
new section 1, and amend-
30 ments thereto, by means of a permit carried
by the disabled person or
31 trainer or a tag attached to the collar or
harness of a trained guide, service
32 or assistance animal. The permit or tag
shall identify the animal as a
33 trained guide, service or assistance animal
allowing the disabled individual
34 and animal or animal trainer and animal
access provided under K.S.A.
35 39-1101 through 39-1109, including new
section 1 and amendments
36 thereto.
37 Sec. 11. K.S.A. 39-1101,
39-1102, 39-1103, 39-1105, 39-1107, 39-
38 1108 and 39-1109 are hereby repealed.
39 Sec. 12. This act shall
take effect and be in force from and after its
40 publication in the statute book.