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Ch.3
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Martin O'Malley, Governor
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In subsection (e)(1) of this section, the reference to an "accommodation, or
conveyance" is added for consistency with § 7-704(b) of this subtitle.
Subsection (f) of this section is revised in standard language used to
establish a prohibited act and penalty.
In subsection (f)(l)(i) of this section, the reference to a denial or
interference with the admittance of a service dog "in violation of this
section" is added for clarity.
As to the substitution of references to "visually impaired" individuals for
the former references to "the visually handicapped", the substitution of
references to "hard of hearing" individuals for the former references to
"hearing impaired" individuals, and the substitution of references to
"individuals" and an "individual" for the former references to "persons" and
a "person" in this section, see General Revisor's Note to subtitle.
The Human Services Article Review Committee notes, for consideration by
the General Assembly, that the references to a service "dog" in this section
may be too limited. Under the Americans with Disabilities Act (ADA),
businesses and organizations that serve the public must allow individuals
with disabilities to bring their service animals into all areas where
customers are normally allowed. "Service animal" is defined as any guide
dog, signal dog, or other animal individually trained to do work or perform
tasks for the benefit of an individual with a disability. The General
Assembly may wish to consider substituting references to service
"animals" for references to service "dogs" in this section.
The General Assembly may also wish to clarify whether the intent of
subsection (f)(2)(ii) of this section is to make it a misdemeanor to deny or
interfere with the admittance of a dog being trained as a service dog.
Defined terms: "Blind" § 7-701
"Deaf" § 7-701
"Mobility impaired" § 7-701
"Person" § 1-101
"Service dog trainer" § 7-701
7-706. CONSTRUCTION.
(A) PEDESTRIAN'S RIGHT-OF-WAY.
THIS SUBTITLE DOES NOT AFFECT § 21-511 OF THE TRANSPORTATION ARTICLE
AS TO THE RIGHT-OF-WAY OF A BLIND, DEAF, OR HARD OF HEARING PEDESTRIAN
CROSSING A HIGHWAY.
(B) HOUSING ACCOMMODATIONS.
THIS SUBTITLE DOES NOT REQUIRE A PERSON WHO RENTS OR LEASES
HOUSING ACCOMMODATIONS TO MODIFY THE PERSON'S PROPERTY OR PROVIDE A
HIGHER DEGREE OF CARE FOR A BLIND OR VISUALLY IMPAIRED INDIVIDUAL THAN
FOR AN INDIVIDUAL WITHOUT THOSE DISABILITIES.
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- 271 -
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