Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 2, 2002
H. 4659
Introduced by Reps. Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G. Brown, Carnell, Chellis, Clyburn, Cobb-Hunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J. Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, Meacham-Richardson, Merrill, Miller, J.H. Neal, Ott, Owens, Parks, Perry, Phillips, Rhoad, Rice, Riser, Rodgers, J.R. Smith, Stille, Stuart, Taylor, Trotter, Vaughn, White, Wilder, Witherspoon, A. Young, Walker, Allison, Sinclair and Littlejohn
S. Printed 4/3/02--H.
Read the first time February 6, 2002.
To whom was referred a Bill (H. 4659) to amend Sections 43-33-20 and 43-33-70, both as amended, Code of Laws of South Carolina, 1976, relating to rights of blind and other disabled persons, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by adding an appropriately numbered SECTION to read:
/SECTION __. The 1976 Code is amended by adding:
"Section 43-33-80. (A) Notwithstanding any other provision of law, a person while training a dog to be an assistance dog to a person with disabilities has the right to be accompanied by the dog and is entitled to the full use and access afforded to persons who are blind, visually handicapped or physically disabled pursuant to Section 43-33-20 and to all housing accommodations pursuant to Section 43-33-70.
(B) A person who is training a dog to be an assistance dog may not be required to pay an additional charge to use any of the premises or facilities in Section 43-33-20. However, the person is liable for any damage done by the dog to the premises or facilities in Sections 43-33-20 or 43-33-70./
Renumber sections to conform.
Amend totals and title to conform.
JOE E. BROWN for Committee.
EXPLANATION OF IMPACT:
It is anticipated that enactment of this bill would have no impact on the General Fund of the State or on federal and/or other funds. This bill expands and clarifies existing statutes to include the use of a dog-in-training.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTIONS 43-33-20 AND 43-33-70, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RIGHTS OF BLIND AND OTHER DISABLED PERSONS TO USE PUBLIC FACILITIES AND PUBLIC ACCOMMODATIONS AND TO EQUAL ACCESS TO HOUSING ACCOMMODATIONS, SO AS TO PROVIDE THAT A PERSON WITH DISABILITIES HAS THE RIGHT TO BE ACCOMPANIED BY OR HAVE IN HOUSING ACCOMMODATIONS AN ASSISTANCE DOG-IN-TRAINING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 43-33-20 of the 1976 Code, as amended by Act 147 of 1987, is further amended to read:
"Section 43-33-20. (a) (A) The blind, the visually handicapped, and the otherwise physically disabled have 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 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 disabilities has the right to be accompanied by an assistance dog, especially trained for the purpose, or an assistance dog-in-training in any of the places listed in subsection (A) and in any of the places listed in item (b) of this section without being subsection (B). A person with disabilities may not be required to pay an extra charge for the assistance dog or the assistance dog-in-training. Each handicapped A person with disabilities is liable for any damage done to the premises or facilities by the dog."
SECTION 2. Section 43-33-70 of the 1976 Code, as amended by Act 147 of 1987, is further amended to read:
"Section 43-33-70. (a)(A) Blind persons, visually handicapped persons, and other physically disabled persons shall be are 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 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 property in any way or provide a higher degree of care for a blind person, visually handicapped person, or other physically disabled person than for a person who is not physically disabled.
(d)(D) Every handicapped A person with disabilities who has an assistance dog or an assistance dog-in-training, or who obtains an assistance dog or an assistance dog-in-training, is entitled to full and equal access to all housing accommodations provided for in this section. Each handicapped A person with disabilities is not required to pay extra compensation for the dog but is liable for any damage done to the premises by the dog."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Thursday, June 25, 2009 at 2:20 P.M.