HOUSE DOCKET, NO. 2196        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 121

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Denise Provost

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act affirming inclusion of individuals with disabilities within civil rights protections and nondiscrimination provisions in the Commonwealth of Massachusetts.

_______________

PETITION OF:

HOUSE DOCKET, NO. 2196        FILED ON: 1/15/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 121

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 144 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

An Act affirming inclusion of individuals with disabilities within civil rights protections and nondiscrimination provisions in the Commonwealth of Massachusetts.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Section 15F of chapter 6 of the General Laws, as so appearing, is hereby amended by striking out, in line 2,  the words “handicapped persons” and inserting in place thereof the following words:- people with disabilities.

SECTION 2. Section 56 of said chapter 6, as so appearing, is hereby amended by striking out, in line 44, the words “handicapped persons” and inserting in place thereof the following words:- people with disabilities.

SECTION 3. Section 74 of said chapter 6, as so appearing, is hereby amended by striking out, in line 6, and in lines 8 and 9, the words “individuals” and inserting in place thereof the phrase “people with disabilities” and by striking out in line 6 the phrase “individuals with handicaps” and inserting in place thereof the following words:- people with disabilities

SECTION 4. Section 76 of said chapter 6, as so appearing, is hereby amended by striking out, in line 5,  the word “individuals with handicaps” and inserting in place thereof the following word:- people with disabilities.

SECTION 5. Section 77 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 4, 18, 33 and 55, the words “handicapped individual” and inserting in place thereof the following words:- person with a disability.

SECTION 6. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out the words, in line 16, “handicapped individual’s” and inserting in place thereof the following words:- person with a disability’s.

SECTION 7. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 24, and in line 35 to 36, the words “handicapped individuals” inclusive and inserting in place thereof the following words:- people with disabilities.

SECTION 8. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 42, the word “handicapped” and inserting in place thereof the following word:- people with disabilities.

SECTION 9. Said section 77 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 46, the words “Handicapped person” and inserting in place thereof the following words:- Person with a disability.

SECTION 10. Section 78 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 3 and 21, the words “handicapped individual” and inserting in place thereof the following words:- person with a disability.

SECTION 11. Said section 78 of said chapter 6, as so appearing, is hereby further amended by striking out, in lines 8, 14 and 15, the words “handicapped individuals” and inserting in place thereof the following words:- people with disabilities.

SECTION 12. Section 78A of said chapter 6, as so appearing, is hereby amended by striking out, in lines 2 and 3 and in lines 12 and 13,  the words “handicapped persons” and inserting in place thereof the following words:- people with disabilities.

SECTION 13. Section 79 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 18 and 25, the words “handicapped individuals” and inserting in place thereof the following words:- people with disabilities.

SECTION 14.  Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 23, the words “handicapped persons” and inserting in place thereof the following words:- a person with a disability.

SECTION 15.  Said section 79 of said chapter 6, as so appearing, is hereby further amended by striking out, in line 26, the words “handicapped individual” and inserting in place thereof the following words:- a person with a disability.

SECTION 16. Section 81 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 18, 23, 25 and 26, the words “handicapped individuals” and inserting in place thereof the following words:- a person with a disability.

SECTION 17. Section 84 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 22 to 23, inclusive, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 18. Section 143 of said chapter 6, as so appearing, is hereby amended by striking out, in line 11, the words “handicapped persons” and inserting in place thereof the following words:- a person with a disability.

SECTION 19. Section 191 of said chapter 6, as so appearing, is hereby amended by striking out, in lines 5 and 16 all the words following the word:- conditions.

SECTION 20.  Section 58 of chapter 7 of the General Laws, as so appearing, is hereby amended in the definition of “Minority business enterprise,” by inserting after the word, “racial”, in line 13, the following word:- disability .

SECTION 21. Section 27 of chapter 7C of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word “handicapped” and inserting in place thereof the word:- disability.

SECTION 22. Section 9 of chapter 8 of the General Laws, as so appearing, is hereby amended by striking out, in line 27, the word “handicapped” and inserting in place thereof the following words:- disabled.

SECTION 23. Section 38 of chapter 10 of the General Laws, as so appearing, is hereby amended by striking out, in lines 128 and 129, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 24. Section 15B of chapter 15 of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the words “visually-handicapped children” and inserting in place thereof the following words:- children with visual impairments .

SECTION 25. Section 3 of chapter 15D of the General Laws, as so appearing, is hereby amended by inserting after the word, “regions”, in line 39, the following words:- special needs.

SECTION 26. Said section 3 of said chapter 15D, as so appearing, is hereby further amended by inserting after the word “ethnic”, in line 39, the following word:- , disability.

SECTION 27. Clause (9) of section 5 of chapter 15D of the General Laws, as so appearing, is hereby amended by striking out, in line 52, the words “and cultural” and inserting in place thereof the following words:- , cultural and disability.

SECTION 28. Section 2 of chapter 18 of the General Laws, as so appearing, is hereby amended by striking out, in line 78, the word “handicapped” and inserting in place thereof the following words:- people with disabilities.

SECTION 29. Section 5 of said chapter 18, as so appearing, is hereby amended by striking out, in line 16, the words “handicapped resident” and inserting in place thereof the following words:- person with a disability who is a resident.

SECTION 30.  Section 4 of chapter 19A of the General Laws, as so appearing, is hereby amended by striking out, in lines 7 and 8, the words “the adult handicapped” and inserting in place thereof the following words:- people with disabilities.

SECTION 31.  Section 16 of chapter 19D of the General Laws, as so appearing, is hereby amended by striking out, in line 4, the word “handicapped”.

SECTION 32. Section 13A of chapter 22 of the General Laws, as so appearing, is hereby amended by striking out, in lines 10, 38, 44, 45, 46 and 47, inclusive, 74, 95, 101, 108, 116, 164, 166, 173, 185, and 188, in each instance, the word “handicapped” and inserting in place thereof the following word:- “disabled”.

SECTION 33. Section 3 of chapter 23B of the General Laws, as so appearing, is hereby amended by striking out, in line 47, the words “the handicapped” and inserting in place thereof the following words: people with disabilities.

SECTION 34. Section 32 of chapter 22C of the General Laws, as so appearing, is hereby amended by striking out, in line 12, the word “handicap” and inserting in place thereof the following word:- “disability”.

SECTION 35. Section 6 of chapter 23H of the General Laws, as so appearing, is hereby amended by striking out, in line XX, the word “handicapped persons” and inserting in place thereof the following words:- people with disabilities.

SECTION 36. Section 1 of chapter 31 of the General Laws, as so appearing, is hereby amended by striking out, in lines 18 and 74, in each instance, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 37. Section 5 of said chapter 31, as so appearing, is hereby amended by striking out, in lines 27 and 30, in each instance, the word “handicap” and inserting in place thereof the following word:- disabled.

SECTION 38. Section 16 of said chapter 31, as so appearing, is hereby amended by striking out, in line 9, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 39. Said section 16 of said chapter 31, as so appearing is hereby further amended by striking out the fourth sentence and inserting in place thereof the following sentence:- Upon the application of a person with a disability to take an examination for any position, the administrator, upon written request of such person, shall make reasonable accommodations as will enable such person with a disability to take the examination.

SECTION 40. Section 47A of said chapter 31, as so appearing, is hereby amended by striking out, in line 46, the word “handicapped” and inserting in place thereof the following word:- disabled.

SECTION 41. Section 63 of said chapter 31, as so appearing, is hereby amended by striking out, in line 24, the word “handicapping” and inserting in place thereof the following word:- disabling.

SECTION 42. Section 1 of chapter 31A of the General Laws, as so appearing, is hereby amended by striking out, in line 22, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 43. Section 23 of chapter 32 of the General Laws, as so appearing is hereby amended by striking out, in line 400, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 44. Section 2 of chapter 32A of the General Laws, as so appearing, is hereby amended by striking out in line 65, the word “handicapped”.

SECTION 45. Section 14B of chapter 34 of the General Laws, as so appearing, is hereby amended by striking out, in line 3, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 46. Said section 14B of said chapter 34, as so appearing, is hereby further amended, by striking out, in line 4, the words “handicapped persons” and inserting in place thereof the following words:- people with disabilities.

SECTION 47. Said section 14B of said chapter 34, as so appearing, is hereby further amended, by striking out, in line 8, the words “the handicapped” and inserting in place thereof the following words:- people with disabilities.

SECTION 48. Paragraph (23) of section 21 of chapter 40 of the General Laws, as so appearing, is hereby amended by striking out, in lines 131, 133, and 136, in each instance, the word “handicapped” and inserting in place thereof the word:- disabled .

SECTION 49. Clause (a) of paragraph (23) of section 21 of said chapter 40, as so appearing, is hereby amended by striking out, in lines 145, 147 and 150, in each instance, the word “handicapped” and inserting in place thereof the following word:- disabled .

SECTION 50. Clause (b) of paragraph (23) of section 21 of said chapter 40, as so appearing, is hereby amended by striking out, in line 168, the word “Handicapped” and inserting in place thereof the following word:- Accessible.

SECTION 51. Said section 21 of said chapter 40, as so appearing is hereby further amended by striking out, in line 172, the words “handicapped person” and inserting in place thereof the following words: person with a disability.

SECTION 52.  Said section 21 of said chapter 40, as so appearing, is hereby further amended by  striking out, in line 188, the word “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 53.  Section 1E of chapter 69 of the General Laws, as so appearing, is hereby amended by striking out, in lines 28 and 29, inclusive, the words “gender, cultural, ethnic or racial stereotypes” and inserting in place thereof the following words: stereotypes based on gender, culture, ethnicity, disability and age. 

SECTION 54. The second paragraph of said section 1E of said chapter 69, as so appearing, is hereby further amended, by striking out the second sentence and inserting in place thereof the following sentence:-  The frameworks shall reflect sensitivity to the variety of learning styles and diverse methods of learning. 

SECTION 55. Clause (K) of section 87AAA of chapter 112 of the General Laws, as so appearing, is hereby amended by inserting after the word “origin”, in line 29, the following words:- age, sexual orientation, gender identity, or persons with disabilities.

SECTION 56. Section 1 of chapter 121B, of the General Laws, as so appearing, is hereby amended by striking out the definition for “Handicapped persons of low income”, and inserting in place thereof the following definition:-

“Disabled persons  with low income ", persons whose  annual net income is less than the amount necessary to enable them to maintain decent, safe and sanitary housing, as defined by 24 CFR 9.103.

SECTION 57.  Section 32 of said chapter 121B, as so appearing, is hereby amended by striking out, in line 110, the words “or physical handicap”, and inserting in place thereof the following words:- disability, sexual orientation or gender identity.

SECTION 58. Said section 32 of said chapter 121B, as so appearing, is hereby further amended, by inserting after the word “sanitary”, in line 135, the following words:- and architectural access.  

SECTION 59. The title of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out the words “OR SEX” and inserting in place thereof the following words:-              , SEX OR DISABILITY.

SECTION 60.  Section 1 of chapter 151B of the General Laws, as so appearing, is hereby amended by striking out, in paragraph 16, the definition of “qualified handicapped person” and inserting in its place the following definition:-

The term “qualified person with a disability ” means a person with a disability who is capable of performing the essential functions of a particular job with or without reasonable accommodations.

SECTION 61.  Said section 1 of said chapter 151B, as so appearing, is hereby amended by striking out, in paragraph 17, the definition for “handicap” and inserting in place thereof the following definition:-

The term "disability" means a physical or mental impairment that substantially limits 1 or more major life activities without regard to the ameliorative effects of mitigating measures which do not include ordinary eyeglasses or contact lenses. “Handicap” shall mean the same as “disability.”  

SECTION 62.  Said section 1 of said chapter 151B, as so appearing, is hereby amended by striking out, in paragraph 19, the definition for “handicapped person” and inserting in place thereof the following definition:-

The term "person with a disability" means a person who has a physical or mental impairment that substantially limits 1 or more major life activities without regard to the ameliorative effects of mitigating measures which do not include ordinary eyeglasses or contact lenses , a record of such impairment, or is regarded as having such impairment.

SECTION 63.  Said section 1 of said chapter 151B, as so appearing, is hereby amended by adding after the definition of “genetic test”, in paragraph 23, the following definition:-

24.  The term "accessible dwelling unit", means an adaptable or accessible unit that is on an accessible route and otherwise in compliance with the standards set forth in 521 CMR 1.00 through 47.00, inclusive, and all other applicable rules and regulations.

SECTION 64. Section 3 of said chapter 151B, as so appearing, is hereby amended by striking out the word “handicap”, in line 21, and inserting in place thereof the following word:- disability.

SECTION 65. Said section 3 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 22, the words “handicapped person” and inserting in place thereof the following words:- person with a disability. 

SECTION 66. Said section 3 of said chapter 151, as so appearing, is hereby further amended by striking out, in line 54, the words “handicapped persons” and inserting in place thereof the following words:- persons with disabilities.

SECTION 67. Said section 3 of said chapter 151, as so appearing, is hereby further amended by inserting after the word “ancestry”, in line 63, the following words:- or disability.

SECTION 68. Said section 3 of said chapter 151, as so appearing, is hereby further amended by inserting after the word “level”, in line 82, the following words:- or disability.

SECTION 69.  Section 4 of said chapter 151B, as so appearing, is hereby amended by striking out in lines 85 and 89, in each instance, the words “the handicap of a qualified handicapped person” and inserting in place thereof the following words:- disability of a qualified disabled person.

SECTION 70.  Said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 106 and 139, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 71.  Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 167 to 168, lines 173 to 174, and in lines 184 to 185, inclusive, the words “blind, or hearing impaired or has any other handicap” and inserting in their place the following words:- a person with a disability.

SECTION 72.  Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 176 to 177, 231 to 232, 239 to 240, and in lines 248 to 250, inclusive, the words “possesses a trained dog guide as a consequence of blindness or hearing impairment” and inserting in place thereof the following words:- utilizes a service animal  as a consequence of a disability.

SECTION 73.  Said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out in lines 230 to 231, inclusive, line 238 and 247 to 248, inclusive, the words “blindness, or hearing impairment or other handicap” and inserting in  place thereof the following words:- or because such person is a person with a disability.

SECTION 74.  Subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in line 267, the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 75. Said subsection 7A of said chapter 151B, as so appearing, is hereby further amended  by striking out, in line 268 to 269, inclusive, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 76. Said subsection 7A of said chapter 151B, as so appearing, is hereby further amended by inserting after the word “enjoyment”, in line 271, the following words:- and equal use.

SECTION 77. Said subsection 7A of said chapter 151B, as so appearing, is hereby further amended  by striking out, in line 279, the words “handicapped person” and inserting in place thereof the following words:- tenant.

SECTION 78. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in lines 286 to 287, inclusive, the words “handicapped person equal opportunity to use and enjoy a dwelling” and inserting in place thereof the following words:- person with a disability equal opportunity to use all elements of a dwelling including common areas.

SECTION 79. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby amended by inserting after the word “for”, in line 289, the following words:- an accessible dwelling unit, including through.

SECTION 80. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after the word “cabinet”, in line 294, the following words:- ensuring the entrance is on an accessible route.

SECTION 81. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by inserting after the word “lift”, in line 299, the following words:- , unless the request for modifications is in connection with a building that has 3 or more units and was constructed for first occupancy after March 13, 1991.

SECTION 82. The third paragraph of said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by adding the following 2 sentences:- The owner shall bear the burden of proving undue hardship.  Notwithstanding any other provisions of this subsection, an accommodation or modification which is paid for by the owner or other person having the right of ownership is considered reasonable if it is requested by a person with a disability to afford such person full enjoyment and equal use of the premises; and if such architectural or communications features were otherwise mandated by Federal and State architectural accessibility code at the time of construction or rehabilitation.

SECTION 83. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 318, the words “a wheelchair accessible unit” and inserting in place thereof the following words:- an accessible dwelling unit.

SECTION 84. Said subsection 7A of said section 4 of said chapter 151B, as so appearing, is hereby further amended by striking out, in line 332, the words “handicap-accessible” and inserting in place thereof the following words:- accessible or adaptable.

SECTION 85.  Subsection 7B of said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in line 343, the word “handicap”, and inserting in place thereof the following word:- disability.

SECTION 86.  Subsection 8 of said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in lines 353, 358, and 364,the word “handicap” and inserting in place thereof the following word:- disability.

SECTION 87.  Said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out subsection 9A and inserting in place thereof the following subsection:-

9A. For an employer or an employer’s agent to refuse, unless based upon a bonafide occupational qualification, to hire or employ or to bar or discharge from employment any person by reason of his or her failure to furnish information regarding his or her admission, on 1 or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons, provided that such person can prove that he is mentally competent to perform the job or the job for which he is applying. No application for employment shall contain any questions or requests for information regarding the admission of an applicant, on 1 or more occasions, voluntarily or involuntarily, to any public or private facility for the care and treatment of mentally ill persons.

SECTION 88. Clause (b) of subsection 13 of said section 4 of said chapter 151B, as so appearing, is hereby amended by striking out, in line 498, the words “handicapped person” and inserting in place thereof the following words:- person with a disability.

SECTION 89.  Said section 4 of said chapter 151B, as so appearing is hereby amended by striking out subsection 16 and inserting in place thereof the following subsection:

16.  For any employer, personally or through an agent, to dismiss from employment or refuse to hire, rehire or advance in employment or otherwise discriminate against, because of a disability or record or perception of a disability, any person alleging to be a person with a disability, capable of performing the essential functions of the position involved, with or without reasonable accommodation, unless the employer can demonstrate that the accommodation required for the person to perform the essential functions of the position would impose an undue hardship to the employer’s business. 

For purposes of this subsection, the following terms, unless the context clearly requires otherwise, shall have the following meanings:-

“Employer”, shall include an agency which employs individuals directly for the purpose of furnishing part-time or temporary help to others. 

“Illegal use of drugs ”, shall include the use of drugs, the possession or distribution of which is unlawful under the Controlled Substances Act, 21 U.S.C. 801; provided, however, that such term shall not include the use of a drug taken under supervision by a licensed health care professional or the medical use of marijuana taken pursuant to chapter 369 of the acts of 2012.

“Reasonable accommodation”, may include:- (i) making existing facilities used by employees readily accessible to and useable by persons with disabilities; (ii) job restructuring, part-time or modified work schedules; (iii) reassignment to a vacant position; (iv) acquisition or modification of equipment or devices; (v) appropriate adjustment or modifications of examinations, training materials or policies, (vi) the provision of auxiliary aides or services; and (vii) other similar accommodations.

In determining whether an accommodation would impose an undue hardship on the conduct of the employer’s business, factors to be considered shall include:-

(1)the overall size of the employer’s business with respect to the number of employees, number and type of facilities, and size of budget or available assets;

(2)the type of the employer’s operation, including the composition and structure of the employer’s workforce;

(3)the nature and cost of the accommodation needed; and

(4)the overall financial resources of the facility or facilities involved in the provision of the accommodation, the effect on such resources, or other impact to operations.

Physical or mental job qualification requirements with respect to hiring, job application procedures, promotion, demotion or dismissal from employment or any other change in employment status or responsibilities shall be functionally related to the specific job or jobs for which the person is being considered and shall be consistent with the safe and lawful performance of the job.

A qualified disabled person shall not include any employee or applicant who is currently engaging in the illegal use of drugs.  An employer may take adverse employment action on the basis of such use; provided, however, that nothing in this subsection shall be construed to exclude as a qualified disabled person a person who has successfully completed a supervised drug rehabilitation program and is no longer engaging in the illegal use of drugs, or who has otherwise been rehabilitated successfully and is no longer engaging in the illegal use of drugs; or who is currently participating in a supervised rehabilitation program and is no longer engaging in the illegal use of drugs; or who is erroneously regarded as engaging in such use. 

An employer may prohibit the illegal use of drugs and the use of alcohol at the workplace by all employees and may also require that employees shall not be under the influence of alcohol or illegal drugs at the workplace.  An employer may hold an employee who engages in the illegal use of drugs or who is an alcoholic to the same qualification, job performance and behavior standards that the employer holds other employees, even if any unsatisfactory performance or behavior is related to drug use or alcoholism.

An employer may not make preemployment inquiry of an applicant as to whether the applicant is a person with a disability or as to the nature or severity of the disability, except that an employer may condition an offer of employment on the results of a medical examination conducted solely for the purpose of determining whether the employee with reasonable accommodation, is capable of performing the essential functions of the job, and an employer may invite applicants to voluntarily disclose their disability for purposes of assisting the employer in its affirmative action efforts.

An employer shall not utilize standards, criteria or methods of administration that have the effect of discrimination on the basis of disability or that perpetuate the discrimination of others against qualified disabled persons.

An employer shall not discriminate against an employee or applicant because of the known disability of a person with whom the applicant or employee is known to have a relationship or association.

SECTION 90.  Said chapter 272, as so appearing, is hereby amended by striking out section 98A and inserting in place thereof the following section:-

Section 90A. Notwithstanding any other provision of law, a person with a disability who is accompanied by his or her service animal, shall be entitled to any and all accommodations, advantages, facilities and privileges of all public conveyances, public amusements and places of public accommodation within the commonwealth to which persons not accompanied by service animals are entitled, subject only to the conditions and limitations applicable to all persons not accompanied by service animals.  No person with a disability who is accompanied by a service animal when taking public transportation shall be required to pay any additional charge, fee or fare for or on account of his or her service animal.  . Whoever deprives a person with a disability of any right conferred by this section shall be punished by a fine of not more than $300 and shall be liable to any person aggrieved thereby for such damages as are set forth in section 5 of chapter 151B; provided, however, that such civic forfeiture shall be of an amount not less than $100.

SECTION 91. Section 98B of said chapter 272, as so appearing, is hereby amended by inserting after the word “religion”, in line 3, the following word:- disability.

SECTION 92. Section 66 of chapter 3 of the General Laws, as appearing in the 2012 Official Edition , is hereby amended by inserting after the word, “age”, in line 4,  the following word:- , disability.

SECTION 93. Section 67 of said chapter 3, as so appearing, is hereby further amended by inserting after the word “age”, in line 19,  the following word:- , disability.

SECTION 94. Said section 1 of said chapter 151B, so appearing, is further amended by adding a new definition, after line 35, as follows:- the term service animals shall mean dogs that are individually trained to do work or perform tasks for people with disabilities.