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New Hampshire Attorney General
33 Capitol Street
Concord, NH 03301
Telephone (603) 271-3658
Fax (603) 271-2110
TDD Access: Relay NH 1-800-735-2964
New Hampshire Commission for Human Rights
2 Chenelle Drive
Concord, NH 03301-8501
Tel: (603) 271-2767
Fax: (603) 271-6339
Chapter 167-D: Hearing Ear Dogs, Guide Dogs, Service Dogs, and Search and Rescue Dogs
Excludes PSDs and all other medical SDs. Applies only to guide, hearing, and mobility dogs. Does not apply to owner-trained dogs. Public access with SDITs only for program trainers. Covers public accomodations and housing. Requires special identification for SDs. Requires license for SD. Forbids "fake" SDs. Penalty is misdemeanor.
167-D:1 Definitions. – As used in this chapter:
I. ""Deaf or hearing impaired person'' means any person whose hearing is so severely impaired that he is unable to hear and understand normal conversational speech through the unaided ear alone, and who must depend primarily on supportive devices or visual communication such as writing, lip reading, sign language, and gestures.
II. ""Hearing ear dog trainer'' means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of deaf and hearing impaired as reputable and competent to provide dogs with training, and who is actually involved in the training process.
III. ""Housing accommodation'' means any publicly assisted housing accommodation or any real property, or portion thereof, which is used or occupied, or is intended, arranged, or designed to be used or occupied, as the home, residence or sleeping place of one or more persons, but shall not include any single family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.
IV. ""Public facility'' means any place of public accommodation and any street, highway, sidewalk, walkway, public building, and any other place or structure to which the general public is regularly, normally or customarily permitted or invited.
V. A ""place of public accommodation'' shall mean, but shall not be limited to, any tavern roadhouse, hotel, motel, trailer camp, whether for entertainment of transient guests or accommodation of those seeking health, recreation or rest; any producer, manufacturer, wholesaler, distributor, retail shop, store establishment, or concession dealing with goods or services of any kind; any restaurant, eating house or place where food is sold for consumption on the premises; any place maintained for the sale of ice cream, ice and fruit preparations or their derivatives, soda water or confections, or where any beverages of any kind are retailed for consumption on the premises; any garage; any public conveyance operated on land or water, or in the air, or any stations and terminals thereof; any bathhouse, boardwalk, or seashore accommodation; any auditorium, meeting place, or hall; any theatre, motion picture house, music hall, roof garden, skating rink, swimming pool, amusement and recreation park, fair, bowling alley, gymnasium, shooting gallery, billiard and pool parlor, or any other place of amusement; any comfort station; any dispensary, clinic or hospital; any public library; any kindergarten, primary and secondary school, trade or business school, high school, academy, college and university, or any educational institution under the supervision of the state board of education, or the commissioner of education of the state of New Hampshire.
VI. ""Blind or visually impaired person'' means any person whose vision is so severely impaired that he is unable to see adequately, and who must rely primarily on supportive devices such as a white cane, or on Braille symbols.
VII. ""Guide dog trainer'' means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of blind and visually impaired as reputable and competent to provide dogs with training, and who is actually involved in the training process.
VIII. ""Mobility impaired person'' means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair or other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function.
IX. ""Service dog'' means a dog who works for a mobility impaired person.
X. ""Service dog trainer'' means any person who is employed by an organization generally recognized by agencies involved in the rehabilitation of mobility impaired persons as reputable and competent to provide dogs with training, and who is actually involved in the training process.
XI. ""Search and rescue dog'' means any dog which has been trained to perform typical search and rescue operations and is certified by a competent authority or holds a title from a competent authority or organization recognized by the office of the governor, department of safety, department of fish and game, or the Federal Emergency Management Agency or its successor agency.
Source. 1983, 275:
167-D:2 Private Clubs, etc. – Nothing herein contained shall be construed to include or apply to any institution, bona fide club, or place of accommodation, which is in its nature distinctly private; nor shall anything herein contained apply to any educational facility operated or maintained by a bona fide religious or sectarian institution; and the right of a natural parent or one in loco parentis to direct the education and upbringing of a child under his control is hereby affirmed; nor shall anything herein contained be construed to bar any private secondary or postsecondary school from using good faith criteria other than race, creed, color, national origin, ancestry or disability in admission of students.
Source. 1983, 275:1. 1990, 140:2, XI, eff. June 18, 1990.
167-D:3 Dogs May Accompany. – It is lawful for any hearing ear dog, guide dog, or service dog to accompany his deaf or hearing impaired, blind or visually impaired, or mobility impaired master into any public facility, housing accommodation, or place of public accommodation to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:3. 1990, 131:4, eff. June 18, 1990.
167-D:3-a Application of RSA 167-D:3 to Search and Rescue Dogs. – The provisions of RSA 167-D:3 shall also apply to dogs involved in search and rescue missions at the request of a government agency when such dogs are in the course of, or traveling to or from the scene of, their official duties.
Source. 1996, 256:5, eff. June 10, 1996.
167-D:4 Hearing Ear Dog, Guide Dog, or Service Dog Trainer. – A hearing ear dog, guide dog, or service dog trainer, while engaged in the actual training process and activities of such dogs, shall have the same rights and privileges with respect to access to public facilities, and the same responsibilities as are applicable to a deaf or hearing impaired, blind or visually impaired, or mobility impaired person.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:4. 1990, 131:4, eff. June 18, 1990.
167-D:5 Hearing Ear Dog, Guide Dog, or Service Dog Identified. –
I. Any deaf or hearing impaired person using a hearing ear dog shall provide the dog with a leash and harness colored international orange.
II. Any blind or visually impaired person using a guide dog shall provide the dog with a leash and harness designed specifically for this purpose.
III. Any mobility impaired person using a service dog shall provide the dog with a leash colored blue and yellow.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:5. 1990, 131:1, eff. June 18, 1990.
167-D:6 Licensing. – Hearing ear dogs, guide dogs and service dogs shall be licensed as provided in RSA 466.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:6. 1990, 131:4, eff. June 18, 1990.
167-D:7 Prohibited Acts. –
I. It is unlawful for a person, directly or indirectly, either to prohibit, hinder, or interfere with a visually, hearing, or mobility impaired master who otherwise complies with the limitations applicable to persons with normal hearing, sight, or mobility.
II. It is unlawful for any person to fit a dog with a collar, leash, or harness of the type which represents that the dog is a hearing ear dog, guide dog, or service dog, if in fact said dog is not and to thus use the dog to misrepresent the physical status of said person.
III. It is unlawful for any person to willfully interfere or attempt to interfere with a service dog, as defined in RSA 167-D:1, IX.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:7. 1990, 131:4, eff. June 18, 1990. 2005, 142:2, eff. June 17, 2005.
167-D:8 Nonuse of Hearing Ear Dog, Guide Dog, or Service Dog. – A deaf or hearing impaired, blind or visually impaired, or mobility impaired person not using a guide dog in any of the places, accommodations or conveyances listed in RSA 167-D shall have all of the rights and privileges conferred by law upon other persons; and the failure of a deaf or hearing impaired, blind or visually impaired, or mobility impaired person to use a hearing ear dog, guide dog, or service dog in those places, accommodations or conveyances shall not be held to constitute nor be evidence of contributory negligence.
Source. 1983, 275:1. 1987, 404:25. 1989, 45:8. 1990, 131:4, eff. June 18, 1990.
167-D:9 Penalty. –
I. Any person violating any provision of this chapter shall be guilty of a misdemeanor.
II. Any person who purposely tortures, beats, kicks, strikes, mutilates, injures, or disables a service dog, or who purposely causes the death of a service dog shall be guilty of a class A misdemeanor.
Source. 1983, 275:1, eff. Aug. 17, 1983. 2005, 142
White Cane Law. Interfering with rights:misdeamonor $25. Still excludes PSD's
167-C:1 Policy. – It is the policy of the state of New Hampshire to encourage and enable the blind, the visually disabled, and the otherwise physically disabled to participate fully in the social and economic life of the state and to engage in remunerative employment.
Source. 1971, 351:1. 1990, 140:2, X, eff. June 18, 1990.
167-C:2 Access to Public Facilities. – The blind, the visually disabled, and the otherwise physically disabled have the same rights and privileges as the able-bodied to the full and free use of the facilities enumerated in RSA 167-D. Every totally or partially blind person shall have the right to be accompanied in such facilities by a guide dog, especially trained for the purpose, without being required to pay an extra charge for the guide dog, provided that such person shall be liable for any damage done to the premises or facilities by such dog.
Source. 1971, 351:1. 1983, 275:5. 1990, 131:4; 140:2, X, eff. June 18, 1990.
167-C:3 Penalty. – Any person or persons, firm or corporation, or the agent of any person or persons, firm or corporation who denies or interferes with the admittance to or enjoyment of the public facilities enumerated in RSA 167-D or otherwise interferes with the rights of a totally or partially blind or otherwise disabled person as provided in RSA 167-C or RSA 167-D shall be fined not more than $25.
Source. 1971, 351:1. 1983, 275:6, eff. Aug. 17, 1983.
C:4 White Cane Safety Day. – Each year, the governor shall take suitable public notice of October 15 as White Cane Safety Day. He shall issue a proclamation in which he:
I. Comments upon the significance of the white cane;
II. Calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary to the safety of the disabled;
III. Reminds the citizens of the state of the policies with respect to the disabled herein declared and urges the citizens to cooperate in giving effect to them;
IV. Emphasizes the need of the citizens to be aware of the presence of disabled persons in the community and to keep safe and functional for the disabled the streets, highways, sidewalks, walkways, public buildings, public facilities, or other public places, places of public accommodation, amusement and resort, and other places to which the public is invited, and to offer assistance to disabled persons upon appropriate occasions.
Source. 1971, 351:1, eff. Aug. 24, 1971.
167-C:5 Employment of Blind Persons. – It is the policy of this state that the blind, the visually disabled, and the otherwise physically disabled shall be employed in the state service, the service of the political subdivisions of the state, in the public schools, and in all other employment supported in whole or in part by public funds on the same terms and conditions as the able-bodied, unless it is shown that the particular disability prevents the performance of the work involved.
Source. 1971, 351:1. 1990, 140:2, X, eff. June 18, 1990.
466:44 Restaurants and Food Stores.
service dogs allowed in restaurants.
466:44 Restaurants and Food Stores. – No person shall bring any animal into any restaurant or any store that sells food; and no person shall allow any animal to enter or remain in any restaurant or in any store that sells food, except for guide dogs leading blind persons, and the hearing ear dog and the service dog as provided in RSA 167-D. Whoever violates the provisions of this section shall be guilty of a violation.
Source. 1971, 190:1. 1973, 531:128. 1983, 275:7. 1989, 45:10. 1990, 131:4, eff. June 18, 1990.
466:8 Exemption From.
No fee for license. Excludes owner-trained dogs and PSDs. Must provide ID card from recognized school.
466:8 Exemption From. – No fee shall be required for the registration and licensing of a dog which has served with the forces of the United States and has received an honorable discharge therefrom. No fee shall be required for the registration and licensing of a guide dog which is used as a guide for a blind person, a hearing ear dog which is used by a deaf person, or a service dog which is used by a mobility impaired person. When a blind, a deaf or hearing impaired, or mobility impaired person is applying for a license, he shall present a proper identification card from a recognized guide dog, hearing ear dog, or service dog training
Policy for service animals in an emergency:
21-P:37-a State Policy for Service Animals.
In cases of emergency, it shall be the policy of the state that service animals shall not be separated from the persons they serve. Every effort shall be made to keep service animals and the persons they serve together, and all appropriate state emergency planning and state sponsored emergency training shall be based on such assumptions.