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Bill 239

                    Current Status

Bill Number:                      239
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990112
Primary Sponsor:                  Giese
All Sponsors:                     Giese, Elliott, Leventis
Drafted Document Number:          l:\council\bills\nbd\11009jm.99.doc
Residing Body:                    House
Current Committee:                Medical, Military, Public and Municipal 
                                  Affairs Committee 27 H3M
Date of Last Amendment:           19990420
Subject:                          Physically disabled persons, assistance 
                                  dogs promoted to assure equal opportunity; 
                                  Handicapped, Animals


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990422  Introduced, read first time,           27 H3M
                  referred to Committee
Senate  19990421  Read third time, sent to House
Senate  19990420  Read second time
Senate  19990420  Committee amendment adopted
Senate  19990415  Committee report: Favorable with       13 SMA
                  amendment
Senate  19990112  Introduced, read first time,           13 SMA
                  referred to Committee
Senate  19981216  Prefiled, referred to Committee        13 SMA


                             Versions of This Bill
Revised on April 15, 1999 - Word format
Revised on April 20, 1999 - Word format

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 20, 1999

S. 239

S. Printed 4/20/99--S.

Read the first time January 12, 1999.

TO AMEND ARTICLE 1 OF CHAPTER 33, TITLE 43, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF PHYSICALLY DISABLED PERSONS, SO AS TO PROMOTE THE USE OF ASSISTANCE DOGS, TO ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION, AND TREATMENT OF PERSONS WITH DISABILITIES USING GUIDE DOGS, TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL PENALTIES FOR VIOLATIONS.

Amend Title To Conform

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 1 of Chapter 33, Title 43 of the 1976 Code is amended to read:

Section 43-33-10. (A) It is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled persons with disabilities to participate fully in the social and economic life of the State and to engage in remunerative employment.

(B) The goals of the State regarding persons with disabilities are to assure equality of opportunity, full participation, independent living, and economic self-sufficiency for these persons. The use of assistance dogs by these persons helps facilitate the accomplishment of these goals and should be permitted and encouraged by the State.

Section 43-33-15. For purposes of this article, 'a person with a disability' means a blind, visually impaired, deaf, partially deaf, or physically disabled person and 'assistance dog' means a dog that has been or is being trained as a guide dog, hearing dog, or service dog for a person with a disability.

Section 43-33-20. (a)(A) The blind, the visually handicapped, and the otherwise physically disabled have A person with a disability has the same right as the able-bodied to the full and free use of the streets, highways, sidewalks, walkways, public facilities, and other public places;.

(b)(B) The blind, the visually handicapped, and the otherwise physically disabled are A person with a disability 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, or 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;.

(c)(C) Every handicapped A person with a disability has the right to be accompanied by an assistance dog, especially trained for the purpose, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. Each handicapped person is liable for any damage done to the premises or facilities by the dog.

(D) A person, whether or not the person has a disability, who is training an assistance dog has a right to be accompanied by the assistance dog to any of the places listed in this section without being required to pay an extra charge for the dog.

Section 43-33-25. For reasons set forth in Section 43-33-20, persons who are handicapped and A person with a disability who customarily use uses a motorized wheelchairs wheelchair or motorized carts cart for locomotion shall may not be prohibited from using such a wheelchairs wheelchair or carts cart on the strand of the seacoast of this State.

Section 43-33-30. The driver of a vehicle approaching a totally or partially blind or visually impaired pedestrian person who is carrying a cane predominantly white or metallic in color, (with or without a red tip), or approaching a handicapped pedestrian person with a disability using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian person. Any A driver who fails to take these precautions is liable in damages for any injury caused the pedestrian person. A totally or partially blind or visually impaired pedestrian person not carrying a cane or a handicapped pedestrian person with a disability not using an assistance dog in any of the places, accommodations, or conveyances listed in Section 43-33-20, has all the rights and privileges conferred by law upon other persons. The failure of a totally or partially blind or visually impaired pedestrian person to carry a cane or the failure of a handicapped pedestrian person with a disability to use an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence.

Section 43-33-40. (A) It is unlawful for a person or his the person's agent to:

(1) deny or interfere with a person with a disability admittance being admitted to or enjoyment use of the public facilities enumerated in Section 43-33-20; or

(2) interfere with the rights of a totally or partially blind or disabled person with a disability under Section 43-33-20.

(B) A person who violates the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined in the discretion of the court or imprisoned not more than three years, or both shall be subject to a civil penalty of up to two thousand five hundred dollars.

(C) Complaints or allegations of interference with a disabled person shall be filed for investigation with the South Carolina Protection and Advocacy System for the Handicapped, pursuant to Section 43-33-350. If the Protection and Advocacy System finds a complaint to be valid, the complaint shall be forwarded to be scheduled for review by the Administrative Law Judge Division in accordance with the division's procedural rules.

Section 43-33-50. Each year, the Governor shall take suitable public notice of October fifteenth as White Cane Safety Day. He The Governor shall issue a proclamation in which:

(a) He comments upon the significance of the white cane;

(b) He 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;

(c) He 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; and

(d) He 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.

Section 43-33-60. It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled persons with disabilities shall must 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.

Section 43-33-65. (A) It is unlawful for an employer to discriminate against a person with a disability by interfering, directly or indirectly, with the use of an aid or appliance including the use of an assistance dog.

(B) It is unlawful for an employer, directly or indirectly, to refuse to permit an employee who is a person with a disability to keep an assistance dog with the employee at all times in the place of employment.

(C) A person, firm, or corporation, or agent of a person, firm, or corporation who violates subsection (A) or (B) may be reported to the South Carolina Department of the Labor, Licensing and Regulation for review by the appropriate board or commission for a determination on revocation, suspension, or cancellation of the pertinent license or certification of the person, firm, or corporation, or agent of a person, firm, or corporation.

Section 43-33-70. (a)(A) Blind persons, visually handicapped persons, and other physically disabled persons shall be A person with a disability is entitled to full and equal access, as other members of the general public, to all housing accommodations offered for rent, lease, or compensation in this State, subject to the conditions and limitations established by law and applicable alike to all persons.

(b)(B) 'Housing accommodations' means any real property, or portion thereof of 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, but shall does not include any accommodations, included within subsection (a) (A), or any single-family residence if the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(c)(C) Nothing in this section shall require any requires a person renting, leasing, or providing for compensation real property to modify his the property in any way or provide a higher degree of care for a blind person, visually handicapped person, or other physically disabled person with a disability than for a person who is does not physically disabled have a disability.

(d)(D) Every handicapped A person with a disability who has an assistance dog, or who obtains an assistance dog, is entitled to full and equal access to all housing accommodations provided for in this section. Each handicapped A person with a disability is not required to pay extra compensation for the dog but is liable for any damage done to the premises by the dog.

Section 43-33-80. (A) The owner of an assistance dog is solely liable for damage caused by the dog to persons, premises, or facilities including places of public accommodation, public conveyances, or transportation services, common carriers of passengers, places of housing accommodations, and places of employment.

(B) A person with a disability who uses an assistance dog shall keep the dog properly harnessed or leashed, and a person who is injured by the dog because the person with a disability failed to properly harness or leash the dog is entitled to maintain a cause of action for damages under the same laws applicable to other actions brought for the redress of injuries caused by animals.

Section 43-33-85. An owner of an assistance dog or a dog in training to be an assistance dog is exempt from all state and local licensing fees or charges that might otherwise apply.

Section 43-33-90. (A) It is unlawful for a person, firm, or corporation or an agent of a person, firm, or corporation to:

(1) withhold, deny, or deprive or attempt to withhold, deny, or deprive another person of the rights or privileges provided for in this article;

(2) intimidate, threaten, or coerce or attempt to intimidate, threaten, or coerce another person to interfere with any of the rights or privileges provided for in this article;

(3) punish or attempt to punish a person for exercising or attempting to exercise a right or privilege provided for in this article;

(4) interfere with an assistance dog or an assistance dog in training;

(5) allow another dog to injure an assistance dog or an assistance dog in training.

Section 43-33-95. (A) Any person who violates any provision of this article is liable to the person whose rights were affected for actual damages for economic loss to be recovered in a civil action in a court in the county where the infringement of rights occurred or where the defendant resides.

(B) In an action commenced pursuant to this section, a court may award reasonable attorney fees and costs."

SECTION 2. This act takes effect upon approval by the Governor.

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