South Carolina General Assembly
115th Session, 2003-2004

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H. 3427

STATUS INFORMATION

General Bill
Sponsors: Reps. Lourie, Bingham, J.E. Smith, Branham, J. Brown, Clark, Harrison, Lucas, J.R. Smith and Ceips
Document Path: l:\council\bills\dka\3084sl03.doc
Companion/Similar bill(s): 36

Introduced in the House on January 28, 2003
Currently residing in the House Committee on Medical, Military, Public and Municipal Affairs

Summary: Guide dogs and rights of disabled persons

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   1/28/2003  House   Introduced and read first time HJ-33
   1/28/2003  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs HJ-33
   2/11/2003  House   Member(s) request name added as sponsor: Ceips

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/28/2003

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 15 TO TITLE 47 SO AS TO PROVIDE FOR THE PROTECTION OF GUIDE DOGS AND SERVICE ANIMALS AND TO PROVIDE PENALTIES; AND TO AMEND SECTION 43-33-20, RELATING TO RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO USE PUBLIC FACILITIES, SO AS TO PROVIDE A CROSS REFERENCE TO ARTICLE 15 OF TITLE 47 IN SECTION 43-33-20 PERTAINING TO THE RIGHTS OF PHYSICALLY DISABLED PERSONS.

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

SECTION    1.    Title 47 of the 1976 Code is amended by adding:

"Article 15

Protection of Guide Dogs

Section 47-3-910.    This article may be cited as 'Layla's Law'.

Section 47-3-920.    For purposes of this article:

(1)    'Guide dog' means a dog that is trained for the purpose of guiding blind persons or a dog trained for the purpose of assisting hearing impaired persons.

(2)    'Notice' means a verbal or communicated warning prescribing the behavior of another person and a request that the person stop the behavior.

(3)    'Service animal' means an animal that is trained for the purposes of assisting or accommodating the sensory, mental, or physical disability of a disabled person.

(4)    'Value' means the value to the guide dog or service animal user and does not refer to the cost or fair market value.

Section 47-3-930.    (A)    It is unlawful for a person who has received notice that his behavior is interfering with the use of a guide dog or service animal to continue with reckless disregard to interfere with the use of a guide dog or service animal by obstructing, intimidating, or jeopardizing the safety of the guide dog or service animal or its user.

(B)    It is unlawful for a person with reckless disregard to allow his dog to interfere with the use of a guide dog or service animal by obstructing, intimidating, or otherwise jeopardizing the safety of the guide dog or service animal or its user.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction for a first offense, must be fined not less than five hundred dollars and not more than one thousand dollars or imprisoned not less than thirty days and not more than six months, or both, and, upon conviction of a second or subsequent offense, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned not less than one year and not more than three years, or both.

Section 47-3-940.    (A)    It is unlawful for a person with reckless disregard to injure, disable, or cause the death of a guide dog or service animal.

(B)    It is unlawful for a person with reckless disregard to allow his dog to injure, disable, or cause the death of a guide dog or service animal.

(C)    A person who violates subsection (A) or (B) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned not less than one year and not more than three years, or both.

Section 47-3-950.    (A)    It is unlawful for a person to wrongfully obtain or exert unauthorized control over a guide dog or service animal with the intent to deprive the guide dog or service animal user of his guide dog or service animal.

(B)    A person who violates subsection (A) is guilty of a misdemeanor and, upon conviction, must be fined not less than two thousand dollars and not more than five thousand dollars or imprisoned not less than one year and not more than three years, or both.

Section 47-3-960.    (A)    It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal.

(B)    A person who violates subsection (A) is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.

Section 47-3-970.    (A)    A defendant convicted of a violation of this article must be ordered to make full restitution for damages including incidental and consequential expenses incurred by the guide dog or service animal and its user which arise out of or are related to the criminal offense.

(B)    Restitution for a conviction under this article includes, but is not limited to:

(1)    the value of the replacement of an incapacitated or deceased guide dog or service animal, the training of a replacement guide dog or service animal, or retraining of the affected guide dog or service animal and related veterinary and care expenses; and

(2)    medical expenses of the guide dog or service animal user, training of the guide dog or service animal user, and compensation for wages or earned income lost by the guide dog or service animal user.

(C)    This article does not affect civil remedies available for conduct punishable under this article."

SECTION    2.    Section 43-33-20 of the 1976 Code, as amended by Act 204 of 2002, is further amended by adding at the end:

"(e)    Behavior interfering with the use of a guide dog or service animal is prohibited according to Article 15, Chapter 3, Title 47."

SECTION    3.    This act takes effect upon approval by the Governor.

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