DEFINITIONS
“Assistance dog” means any guide dog, hearing assistance dog or service dog.
“Guide dog” means a dog which has been specially selected, trained and tested for the purpose of guiding a person who is legally blind.
“Hearing assistance dog” means a dog which is specially selected, trained and tested to alert or warn individuals who are deaf or hard of hearing to specific sounds.
“Professional therapy dog” means a dog which is selected, trained and tested to provide specific physical or therapeutic functions, under the direction and control of a qualified handler who works with the dog as a team, and as a part of the handler’s occupation or profession. Such dogs, with their handlers, perform such functions in institutional settings, community based group settings, or when providing services to specific persons who have disabilities.
“Professional therapy dog” does not include dogs, certified or not, which are used by volunteers for pet visitation therapy.
“Service dog” means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability.
The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual’s disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act.
(Procedure for verification of person’s right to be accompanied by assistance dog or professional therapy dog set forth inK.S.A. 39-1111).
Accommodation Law
Every legally blind person shall have the right to be accompanied by a guide dog, specially selected, trained and tested for the purpose.
Every hearing impaired person has the right to be accompanied by a hearing assistance dog, specially selected, trained and tested for the purpose of hearing assistance.
Every person with a disability shall have the right to be accompanied by a service dog, specially selected, trained and tested for the purpose which shall include, but not be limited to, pulling a wheelchair, opening doors and picking up objects.
Any professional trainer, from a recognized training center, of an assistance dog, while engaged in the training of such dog, shall have the right to be accompanied by such dog.
Any qualified handler of a professional therapy dog when accompanied by such dog and when using any conveyance of public transportation available to all members of the general public, and when renting and using accommodations in motels, hotels and other temporary lodging places shall have the right to be accompanied by such dog in such places.
Any person, firm, corporation, or the agent of any person, firm or corporation, who denies or interferes with the exercise of the rights recognized in K.S.A. 39-1101, 39-1102, 39-1107, 39-1108 or 39-1109, and amendments thereto, is guilty of a misdemeanor.
Harassment of/Interference with Service Dogs
Inflicting harm, disability or death to a police dog, arson dog, assistance dog, game warden dog or search and rescue dog is a nonperson felony.
Penalty of not less than 30 days or more than one year’s imprisonment and be fined not less than $500 nor more than $5,000. The person convicted shall not be eligible for release on probation, suspension or reduction of sentence or parole until the person has served the minimum mandatory sentence.
Fraudulent Representation
It is a class A nonperson misdemeanor for any person to:
- represent that such person has the right to be accompanied by an assistance dog or that such person has a right to be accompanied by a professional therapy dog
- represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.