SENATE DOCKET, NO. 1957        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 912

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 to protect access for service animal trainers.

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PETITION OF:

SENATE DOCKET, NO. 1957        FILED ON: 1/20/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 912

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to protect access for service animal trainers.

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 98A of chapter 272 of the General Laws, as appearing in the 2014 Official Edition, is amended by striking the section and inserting, in place thereof, the following new section:-

(a) Notwithstanding any other provision of law, any blind person, or deaf or hearing handicapped person, or other physically handicapped person accompanied by a dog guide, or a person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog 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 dogs are entitled, subject only to the conditions and limitations applicable to all persons not accompanied by dogs, and no such blind person, or deaf or hearing handicapped, or other physically handicapped person, or a person accompanied by and engaged in the raising or training of a service dog, including a hearing, guide or assistance dog shall be required to pay any charge or fare for or on account of the transportation on any public conveyance for himself and such dog so accompanying him in addition to the charge or fare lawfully chargeable for his own transportation.

(b) Notwithstanding any other provision of law, an employee or volunteer with a service animal training organization engaged in the raising or training of a service dog, including a hearing, guide, or assistance dog, shall be entitled to full and equal access to all housing accommodations offered for rent, lease, or compensation in the state; provided, however, that this subsection will not apply to the leasing of a single apartment or flat in a two family dwelling, the other occupancy unit of which is occupied by the owner as his residence. 

(c) Whoever deprives any blind person, or deaf or hearing handicapped person, or other physically handicapped person, or a person who is an employee or volunteer with a service animal training organization engaged in the raising or training of a service dog, including a hearing, guide or assistance dog of any right conferred by this section shall be punished by a fine of not more than three hundred dollars and shall be liable to any person aggrieved thereby for such damages as are set forth in section five of chapter one hundred and fifty-one B; provided, however, that such civic forfeiture shall be of an amount not less than one hundred dollars.