S 355 Session 111 (1995-1996)
S 0355 General Bill, By Giese
A Bill to amend Article 1, Chapter 33, Title 43, as amended, Code of Laws of
South Carolina, 1976, relating to rights of disabled persons, so as to promote
the use of assistance dogs and to assure equality of opportunity,
participation, and treatment of persons with disabilities using guide dogs and
to provide for a civil remedy and criminal penalties for violations.
01/10/95 Senate Introduced and read first time SJ-150
01/10/95 Senate Referred to Committee on Medical Affairs SJ-150
A BILL
TO AMEND ARTICLE 1, CHAPTER 33, TITLE 43, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO RIGHTS OF DISABLED PERSONS, SO AS TO
PROMOTE THE USE OF ASSISTANCE DOGS AND TO
ASSURE EQUALITY OF OPPORTUNITY, PARTICIPATION,
AND TREATMENT OF PERSONS WITH DISABILITIES USING
GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY
AND CRIMINAL PENALTIES FOR VIOLATIONS.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Article 1, Chapter 33, Title 43 of the 1976 Code
is amended to read:
"Article 1
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 of enjoying 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.
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 who violates subsection (A) or (B) is
guilty of a misdemeanor.
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.
(B) A person who knowingly or with criminal
negligence violates any of the provisions of subsection (A) is guilty
of a misdemeanor.
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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