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PUBLIC LAWS OF MAINE
Second Regular Session of the 118th

CHAPTER 611

S.P. 775 - L.D. 2102

An Act to Update the Guide Dog Access Law

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

     Sec. 1. 17 MRSA §1312, sub-§3, as enacted by PL 1971, c. 58, §1, is amended to read:

     3. Guide and personal care dogs. Every totally or partially blind or otherwise physically disabled person shall have has the right to be accompanied by a guide or personal care dog, especially trained for the purpose, in any of the places listed in subsection 2 without being required to pay an extra charge for the guide or personal care dog, provided that he shall be ; however, the person is liable for any damage done to the premises or facilities by such dog.

     Sec. 2. 17 MRSA §1312, sub-§4, as enacted by PL 1981, c. 584, §1, is amended to read:

     4. Especially trained guide dog trainer or personal care dog trainer; access to public facilities; responsibilities. An especially trained guide dog trainer or personal care dog trainer, while engaged in the actual training process and activities of guide or personal care dogs, shall have has the same rights, privileges and responsibilities described in this section with respect to access to and use of public facilities as

     are applicable to a blind, visually handicapped or otherwise physically disabled person.

     Sec. 3. 17 MRSA §1312, sub-§5, as enacted by PL 1987, c. 104, §1, is amended to read:

     5. Housing accommodations; persons with guide or personal care dogs. Every blind or visually handicapped or otherwise physically disabled individual who has a sight-assistance or assistance animal, such as a guide or personal care dog, is entitled to full and equal access to all housing accommodations provided for in this section. Blind or visually impaired or otherwise physically disabled individuals may not be required to pay extra compensation to keep sight-assistance or personal care animals. A blind or visually impaired or otherwise physically disabled person shall be is liable for any damages done to the premises by the animal.

     Sec. 4. 17 MRSA §1312, sub-§7 is enacted to read:

     7. Personal care dog; definition. As used in this section, "personal care dog" means a dog that provides assistance with activities of daily living for a person who is physically disabled.

     Sec. 5. 17 MRSA §1313, as enacted by PL 1971, c. 58, §1, is amended to read:

§1313. Motor vehicle drivers

     The driver of a vehicle approaching a totally or partially blind or otherwise physically disabled pedestrian who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide or personal care dog as defined in section 1312 shall take all necessary precautions to avoid injury to such that blind or otherwise physically disabled pedestrian, and any driver who fails to take such precautions shall be is liable in damages for any injury caused such the pedestrian. A totally or partially blind or otherwise physically disabled pedestrian, not carrying such a cane or using a guide or personal care dog in any of the places, accommodations or conveyances listed in section 1312, shall have has all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind or otherwise physically disabled pedestrian to carry such a cane or to use a guide or personal care dog in any such places, accommodations or conveyances shall may not be held to constitute nor be evidence of contributory negligence.

Effective June 30, 1998, unless otherwise indicated.

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