An Act To Amend the Law Regarding the Use of "Hearing Dogs" by Deaf and Hard-of-hearing Persons
Maine Legislature, Session 122, LD 0583
Committee: Labor
Sponsors: EDMONDS, PERCY, ANDREWS, CLUKEY, CARR, MILLER, MOODY, NUTTING, SAMPSON
Amends: 26 MRSA §1420-A, 26 MRSA §1420-B, 26 MRSA §1420-D

Legislative Document 
No. 583 
S.P. 192 
In Senate, February 3, 2005 
An Act To Amend the Law Regarding the Use of "Hearing Dogs" by 
Deaf and Hard-of-hearing Persons 
Submitted by the Department of Labor pursuant to Joint Rule 204. 
Reference to the Committee on Labor suggested and ordered printed. 
Presented by President EDMONDS of Cumberland. 
Cosponsored by Representative PERCY of Phippsburg and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: ANDREWS of York, CLUKEY of Aroostook, Representatives: CARR of Lincoln, 
MILLER of Somerville, MOODY of Manchester, NUTTING of Oakland, SAMPSON of 
Auburn. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §1420-A, sub-§3, as amended by PL 2003, c. 
414, Pt. B, §6 and affected by c. 614, §9, is further amended to 
read: 
3. 
Guide doqs. 
Every deaf or hard-of-hearing person has 
the right to be accompanied by a guide dog, described and known 
as 
a 
"hearing dog," especially trained for 
the purpose, 
aBe 
ieeBtiEiee-~-~-eellaF-aBQ-~-~~Fed-R~B~e£-~~-~-tRat 
ee*eE-J£-~~~-~-~itle-1J7-£€€~J~~~,--~~t~~-6J7 in a 
place listed in subsection 2 without being required to pay an 
extra charge for the guide dog, except that the person is liable 
for any damage done to the premises or facilities by that dog. 
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ee~T-~£e-~~~~~~-a*se-€a~~y-~-&arGr-iss~ee-by-~~-S~~~-ef 
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te-stEeetsT-p~s*ie-p*aees-aBe-p~s*ie-eeByeyaBeesT 
Sec. 2. 26 MRSA §1420-A, sub-§5, as enacted by PL 1995, c. 
560, Pt. F, §13, is amended to read: 
5. 
Housing acconmodations; persons with hearing-assistance 
animals. 
Every 
deaf 
or 
hard-of-hearing 
person 
who 
has 
a 
hearing-assistance animal is entitled to full and equal access to 
all 
housing 
accommodations 
provided 
for 
in 
this 
section. 
HaEe-eE-ReaEiB~ Deaf 
and 
hard-of-hearing persons 
may 
not 
be 
required to pay extra compensation to keep hearing-assistance 
animals. 
A deaf Qr hard-of-hearing person is liable for any 
damage done to the premises by the animal. 
Sec. 3. 26 MRSA §1420-B, as enacted by PL 1995, c. 560, Pt. 
F, §13, is amended to read: 
§1420-B. Motor vehicle drivers 
The 
driver 
of 
a 
vehicle 
approaching 
a 
deaf 
or 
hard-of-hearing person using 
a 
pEepeEly--ieeatiEiea guide 
dog 
shall take all necessary precautions to avoid injury to that 
person and the guide dog. 
A driver who 
fails to take such 
precautions is liable in damages for any injury caused to that 
person or dog. 
A deaf or hard-of-hearing person not using a 
guide dog in any of the places, accommodations or conveyances 
listed in sectiQn 1420-A has all of the rights and privileges 
conferred by law upon other persons. 
The failure of a deaf or 
hard-Qf-hearing person to 
use 
a 
guide 
dog in those places, 
accommodations 
or 
conveyances 
does 
not constitute nor 
is it 
evidence Qf contributory negligence. 
Sec. 4. 26 MRSA §1420-D, as enacted by PL 2003, c. 452, Pt. 
0, §7 and affected by Pt. X, §2, is amended to read: 
§1420-D. Misrepresentation of hearing dog 
A person who 
~i~s-a-~~it~-&-eella~-aBe-~~~--~-~YFe 
~e~Hi~ee-~-see~ieB-~~~--s~&&&e~iGB-~--~-e£ee£-~~-~eF~eseB~ 
represents that ~Re £ dog is a hearing dog when training of the 
type that a hearing dog normally receives has not in fact been 
provided commits a civil violation for which a fine of not more 
than $100 may be adjudged. 
SUMMARY 
Maine 
law currently states that deaf and hard-of-hearing 
persons have the same rights as hearing persons regarding access 
to 
common carriers, places of lodging, public accommodations, 
housing and amusement and gives a deaf or hard-of-hearing person 
the right to be accompanied by a specially trained "hearing dog" 
at those places without having to pay extra money. 
Current law also requires the Department of Labor, Bureau of 
Rehabili tation Services to issue a card saying the dog has been 
"especially trained" as a guide dog for deaf or hard-of-hearing 
persons. 
This bill removes that requirement as well as 
the 
requirements that the owner of the dog carry the card and that 
the "hearing dog" wear a hunter orange collar and leash.