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Nebraska

Consolidated Assistance Animal/Guide Dog Laws

Statute Details
Printable Version
Citation: Neb. Rev. St. 49-801; Neb. Rev. St. 20-126 - 131.04; Neb. Rev. St. 28-1313 - 1314; Neb. Rev. St. 54-603; Neb. Rev. St. 28-1009.01

Citation: NE ST 49-80; NE ST 20-126 - 131.04; NE ST 28-1313 - 1314; NE ST 54-603; NE ST 28-1009.01


Last Checked by Web Center Staff: 02/2013

Summary:  

The following statutes comprise the state's relevant assistance animal and guide dog laws.



Statute in Full:

§ 28-1009.01. Violence on a service dog; interference with a service dog; penalty.

54-603. Dogs; license tax; amount; service animal; license; county, city, or village; collect fee; disposition.

West's Revised Statutes of Nebraska Annotated. Chapter 49. Law. Article 8. Definitions, Construction, and Citation

49-801. Statutes; terms, defined

West's Revised Statutes of Nebraska Annotated. Chapter 20. Civil Rights. Article 1. Individual Rights. (b) Persons with Disabilities

20-126. Statement of policy

20-126.01. Physically disabled person, defined

20-127. Rights enumerated

20-128. Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages

20-129. Denying or interfering with admittance to public facilities; penalty

20-130. White Cane Safety Day; proclamation; Governor issue

20-131. Employment by state and political subdivisions; policy

20-131.01. Full and equal enjoyment of housing accommodations; statement of policy

20-131.02. Housing accommodations; terms, defined

20-131.03. Housing accommodations; modification; not required

20-131.04. Service animal; access to housing accommodations; terms and conditions

West's Revised Statutes of Nebraska Annotated. Chapter 28. Crimes and Punishments. Article 13. Miscellaneous Offenses. (f) Observance of Blind Persons.

§ 28-1313 Unlawful use of a white cane or guide dog; penalty.

§ 28-1314 Failing to observe a blind person; penalty.

 

 

West's Revised Statutes of Nebraska Annotated. Chapter 49. Law. Article 8. Definitions, Construction, and Citation

49-801. Statutes; terms, defined

Unless the context is shown to intend otherwise, words and phrases in the statutes of Nebraska hereafter enacted are used in the following sense:

(1) Acquire when used in connection with a grant of power or property right to any person shall include the purchase, grant, gift, devise, bequest, and obtaining by eminent domain;

(2) Action shall include any proceeding in any court of this state;

(3) Attorney shall mean attorney at law;

(4) Company shall include any corporation, partnership, limited liability company, joint-stock company, joint venture, or association;

(5) Domestic when applied to corporations shall mean all those created by authority of this state;

(6) Federal shall refer to the United States;

(7) Foreign when applied to corporations shall include all those created by authority other than that of this state;

(8) Grantee shall include every person to whom any estate or interest passes in or by any conveyance;

(9) Grantor shall include every person from or by whom any estate or interest passes in or by any conveyance;

(10) Inhabitant shall be construed to mean a resident in the particular locality in reference to which that word is used;

(11) Land or real estate shall include lands, tenements, and hereditaments and all rights thereto and interest therein other than a chattel interest;

(12) Magistrate shall include judge of the county court and clerk magistrate;

(13) Month shall mean calendar month;

(14) Oath shall include affirmation in all cases in which an affirmation may be substituted for an oath;

(15) Peace officer shall include sheriffs, coroners, jailers, marshals, police officers, state highway patrol officers, members of the National Guard on active service by direction of the Governor during periods of emergency, and all other persons with similar authority to make arrests;

(16) Person shall include bodies politic and corporate, societies, communities, the public generally, individuals, partnerships, limited liability companies, joint-stock companies, and associations;

(17) Personal estate shall include money, goods, chattels, claims, and evidences of debt;

(18) Process shall mean a summons, subpoena, or notice to appear issued out of a court in the course of judicial proceedings;

(19) Service animal shall have the same meaning as in 28 C.F.R. 36.104, as such regulation existed on January 1, 2008;

(20) State when applied to different states of the United States shall be construed to extend to and include the District of Columbia and the several territories organized by Congress;

(21) Sworn shall include affirmed in all cases in which an affirmation may be substituted for an oath;

(22) The United States shall include territories, outlying possessions, and the District of Columbia;

(23) Violate shall include failure to comply with;

(24) Writ shall signify an order or citation in writing issued in the name of the state out of a court or by a judicial officer; and

(25) Year shall mean calendar year.

CREDIT(S)

Laws 1947, ch. 182, § 1, p. 601; Laws 1967, ch. 175, § 2, p. 490; Laws 1972, LB 1032, § 255; Laws 1975, LB 481, § 30; Laws 1984, LB 13, § 83; Laws 1988, LB 1030, § 43; Laws 1993, LB 121, § 303; Laws 2008, LB 806, § 12, eff. July 18, 2008.

 

West's Revised Statutes of Nebraska Annotated. Chapter 20. Civil Rights. Article 1. Individual Rights. (b) Persons with Disabilities

20-126. Statement of policy

It is the policy of this state to encourage and enable blind, visually handicapped, hearing-impaired, or physically disabled persons to participate fully in the social and economic life of the state and to engage in remunerative employment.

CREDIT(S)

Laws 1971, LB 496, § 1; Laws 1980, LB 932, § 1; Laws 1997, LB 254, § 2.


20-126.01. Physically disabled person, defined

For purposes of sections 20-126 to 20-131, physically disabled person means a person with a physical disability other than hearing impairment, blindness, or visual handicap.

CREDIT(S)

Laws 1997, LB 254, § 1; Laws 2008, LB 806, § 5, eff. July 18, 2008.

 

20-127. Rights enumerated

(1) A blind, visually handicapped, deaf or hard of hearing, or physically disabled person has the same right as any other person to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

(2) A blind, visually handicapped, deaf or hard of hearing, or physically disabled person is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, street cars, boats, any other public conveyances or modes of transportation, hotels, lodging places, places of public accommodation, amusement, or resort, and other places to which the general public is invited, subject only to the conditions and limitations established by law and applicable alike to all persons.

(3) A totally or partially blind person, deaf or hard of hearing person, or physically disabled person has the right to be accompanied by a service animal, especially trained for the purpose, and a bona fide trainer of a service animal has the right to be accompanied by such animal in training in any of the places listed in subsection (2) of this section without being required to pay an extra charge for the service animal. Such person shall be liable for any damage done to the premises or facilities or to any person by such animal.

(4) A totally or partially blind person has the right to make use of a white cane in any of the places listed in subsection (2) of this section.

CREDIT(S)

Laws 1971, LB 496, § 2; Laws 1980, LB 932, § 2; Laws 1997, LB 254, § 3; Laws 2003, LB 667, § 1; Laws 2008, LB 806, § 6, eff. July 18, 2008.

 

20-128. Pedestrian using cane or service animal; driver of vehicle; duties; violation; damages

In addition to the provisions of sections 28-1313 and 28-1314, the driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color or using a service animal or a hearing-impaired or physically disabled pedestrian who is using a service animal shall take all necessary precautions to avoid injury to such pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian. A totally or partially blind pedestrian not carrying such a cane or using a service animal or a hearing- impaired or physically disabled pedestrian not using a service animal in any of the places, accommodations, or conveyances listed in section 20-127 shall have all of the rights and privileges conferred by law upon other persons, and the failure of a totally or partially blind pedestrian to carry such a cane or to use a service animal or the failure of a hearing-impaired or physically disabled pedestrian to use a service animal in any such places, accommodations, or conveyances does not constitute and is not evidence of contributory negligence.

CREDIT(S)

Laws 1971, LB 496, § 3; Laws 1978, LB 748, § 2; Laws 1980, LB 932, § 3; Laws 1997, LB 254, § 4; Laws 2008, LB 806, § 7, eff. July 18, 2008.


20-129. Denying or interfering with admittance to public facilities; penalty

(1) Any person or agent of such person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 20-127 or otherwise interferes with the rights of a totally or partially blind, deaf or hard of hearing, or physically disabled person under section 20-127 or sections 20-131.01 to 20-131.04 is guilty of a Class III misdemeanor.

(2) Any person or agent of such person who denies or interferes with admittance to or enjoyment of the public facilities enumerated in section 20-127 or otherwise interferes with the rights of a bona fide trainer of a service animal when training such animal under section 20-127 is guilty of a Class III misdemeanor.

CREDIT(S)

Laws 1971, LB 496, § 4; Laws 1975, LB 83, § 5; Laws 1977, LB 40, § 76; Laws 1980, LB 932, § 4; Laws 1997, LB 254, § 5; Laws 2003, LB 667, § 2; Laws 2008, LB 806, § 8, eff. July 18, 2008.

 

20-130. White Cane Safety Day; proclamation; Governor issue

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:

(1) Comments upon the significance of the white cane;

(2) Calls upon the citizens of the state to observe the provisions of sections 20-126 to 20-131 and to take precautions necessary to the safety of the disabled;

(3) Reminds the citizens of the state of the policies with respect to the disabled set forth in sections 20-126 to 20-131 and urges the citizens to cooperate in giving effect to them; and

(4) 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, 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.

CREDIT(S)

Laws 1971, LB 496, § 5.

 

20-131. Employment by state and political subdivisions; policy

It is the policy of this state that persons with disabilities shall be employed by the state, the political subdivisions of the state, the public schools, and all other employment supported in whole or in part by public funds on the same terms and conditions as persons without disabilities as required by the Nebraska Fair Employment Practice Act.

CREDIT(S)

Laws 1971, LB 496, § 6; Laws 1993, LB 360, § 1.


20-131.01. Full and equal enjoyment of housing accommodations; statement of policy

It is the intent of the Legislature that blind persons, visually handicapped persons, hearing-impaired persons, and other physically disabled persons shall be entitled to full and equal access to all housing accommodations offered for rent, lease, or compensation in this state.

CREDIT(S)

Laws 1975, LB 83, § 1; Laws 1980, LB 932, § 5.


20-131.02. Housing accommodations; terms, defined

For purposes of sections 20-131.01 to 20-131.04, unless the context otherwise requires:

(1) Housing accommodations means any real property 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 human beings. Housing accommodations does not include any single-family residence in which the owner lives and in which any room is rented, leased, or provided for compensation to persons other than the owner or primary tenant; and

(2) Physically disabled person means a person with a physical disability other than hearing impairment, blindness, or visual handicap.

CREDIT(S)

Laws 1975, LB 83, § 2; Laws 1997, LB 254, § 6; Laws 2008, LB 806, § 9, eff. July 18, 2008.


20-131.03. Housing accommodations; modification; not required

Nothing in sections 20-131.01 to 20-131.04 shall require any person who rents, leases, or provides housing accommodations for compensation to modify such person's property in any way to accommodate the special needs of any lessee.

CREDIT(S)

Laws 1975, LB 83, § 3.


20-131.04. Service animal; access to housing accommodations; terms and conditions

Every totally or partially blind person, hearing-impaired person, or physically disabled person who has a service animal or obtains a service animal shall have full and equal access to all housing accommodations with such animal as prescribed in sections 20-131.01 to 20-131.04. Such person shall not be required to pay extra compensation for such animal. Such person shall be liable for any damage done to such premises by such animal. Any person who rents, leases, or provides housing accommodations for compensation to any totally or partially blind person, hearing-impaired person, or physically disabled person who has or obtains a service animal shall not charge an additional deposit for such animal.

CREDIT(S)

Laws 1975, LB 83, § 4; Laws 1980, LB 932, § 6; Laws 1997, LB 254, § 7; Laws 2008, LB 806, § 10, eff. July 18, 2008.
 

West's Revised Statutes of Nebraska Annotated. Chapter 28. Crimes and Punishments. Article 13. Miscellaneous Offenses. (f) Observance of Blind Persons.

§ 28-1313 Unlawful use of a white cane or guide dog; penalty.

(1) A person commits unlawfully using a white cane or guide dog if he is not blind as defined by law and carries, displays, or otherwise makes use of a white cane or guide dog.

(2) Such use of a white cane or the use of a guide dog by a person shall be officially recognized as an indication that the bearer is blind.

(3) Unlawful use of a white cane or guide dog is a Class III misdemeanor.

Source: Laws 1977, LB 38, § 297.

 

§ 28-1314 Failing to observe a blind person; penalty.

(1) A person commits the offense of failing to observe a blind person if as an operator of any vehicle or other conveyance, he fails to:

(a) Give special consideration to the bearer of a white cane or user of a guide dog; and

(b) Stop and remain when approaching such bearer until such time as the bearer has safely reached a position well outside the course normally used by the operator of the vehicle or other conveyance.

(2) Failure to observe a blind person is a Class III misdemeanor.

Source: Laws 1977, LB 38, § 298.

 



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