S 107 Session 112 (1997-1998)
S 0107 General Bill, By Giese, Lander and McGill
A BILL TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE 43, 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 WITH
DISABILITIES USING GUIDE DOGS AND TO PROVIDE FOR A CIVIL REMEDY AND CRIMINAL
PENALTIES FOR VIOLATIONS.
01/14/97 Senate Introduced and read first time SJ-119
01/14/97 Senate Referred to Committee on General SJ-119
A BILL
TO AMEND ARTICLE 1, CHAPTER 33, AS AMENDED, TITLE
43, 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
In General
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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