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Bill Number: 2359 Ratification Number: 205 Act Number 147 Introducing Body: House Subject: Rights of blind and other physically disabled persons to equal access
(A147, R205, H2359)
AN ACT TO AMEND SECTIONS 43-33-20 AND 43-33-70, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE RIGHTS OF BLIND AND OTHER PHYSICALLY DISABLED PERSONS TO EQUAL ACCESS TO PUBLIC ACCOMMODATIONS AND HOUSING, SO AS TO EXTEND THE RIGHTS ALLOWED BLIND AND DEAF PERSONS WITH GUIDE DOGS TO ALL HANDICAPPED PERSONS REQUIRING ASSISTANCE DOGS; AND TO AMEND SECTION 43-33-30, RELATING TO THE DUTIES OF DRIVERS IN APPROACHING PERSONS WITH WHITE CANES OR GUIDE DOGS, SO AS TO EXTEND THE PROVISIONS TO INCLUDE ASSISTANCE DOGS ACCOMPANYING ANY HANDICAPPED PERSON.
Be it enacted by the General Assembly of the State of South Carolina:
Assistance dog allowed
SECTION 1. Section 43-33-20(c) of the 1976 Code is amended to read:
"(c) Every handicapped person 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."
SECTION 2. Section 43-33-30 of the 1976 Code is amended to read:
"Section 43-33-30. The driver of a vehicle approaching a totally or partially blind pedestrian who is carrying a cane predominantly white or metallic in color (with or without a red tip) or approaching a handicapped pedestrian using an assistance dog shall take all necessary precautions to avoid injury to the pedestrian. Any driver who fails to take these precautions is liable in damages for any injury caused the pedestrian. A totally or partially blind pedestrian not carrying a cane or a handicapped pedestrian 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 pedestrian to carry a cane or the failure of a handicapped pedestrian to use an assistance dog in any of these places, accommodations, or conveyances does not constitute negligence."
Access to housing
SECTION 3. Section 43-33-70(d) of the 1976 Code is amended to read:
"(d) Every handicapped person 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 person is not required to pay extra compensation for the dog but is liable for any damage done to the premises by the dog."
SECTION 4. This act takes effect upon approval by the Governor.