BIL: 4659

TYP: General Bill GB

INB: House

IND: 20020206

PSP: Keegan

SPO: Keegan, Altman, Barrett, Battle, Bingham, Bowers, Breeland, G.Brown, Carnell, Chellis, Clyburn, CobbHunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J.Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, MeachamRichardson, 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, Littlejohn, Lourie, J.E. Smith

DDN: l:\council\bills\nbd\11151ac02.doc

RBY: House

DTA: 20020418

SUB: Guide and assistance dog-in-training, right of disabled person to be accompanied by; equal access to public accommodations and housing accommodations

HST:

Body Date Action Description Com Leg Involved

______

House 20020418 Tabled

House 20020417 Debate adjourned until

Thursday, 20020418

House 20020410 Debate adjourned until

Wednesday, 20020417

House 20020410 Co-Sponsor added (Rule 5.2) by Rep. Lourie

J.E. Smith

House 20020403 Co-Sponsor added (Rule 5.2) by Rep. Walker

Allison

Sinclair

Littlejohn

House 20020403 Debate adjourned until

Wednesday, 20020410

House 20020402 Committee report: Favorable with 27 H3M

amendment

------20020208 Scrivener's error corrected

House 20020206 Introduced, read first time, 27 H3M

referred to Committee

Versions of This Bill

Revised on 20020208

Revised on 20020402

Revised on 20020403

TXT:

REPRINT

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, CobbHunter, Dantzler, Davenport, Delleney, Emory, Freeman, Frye, Haskins, Hayes, J.Hines, Hinson, Hosey, Howard, Jennings, Kelley, Kirsh, Koon, Law, Leach, Limehouse, Loftis, Martin, McCraw, McGee, MeachamRichardson, 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.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H.4659) to amend Sections 433320 and 433370, both as amended, Code of Laws of South Carolina, 1976, relating to rights of blind and other disabled persons, etc., respectfully

REPORT:

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 433380. (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 433320 and to all housing accommodations pursuant to Section 433370.

(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 433320. However, the person is liable for any damage done by the dog to the premises or facilities in Sections 433320 or 433370./

Renumber sections to conform.

Amend totals and title to conform.

JOE E. BROWN for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

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

[4659-1]

A BILL

TO AMEND SECTIONS 433320 AND 433370, 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 DOGINTRAINING.

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

SECTION 1. Section 433320 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 ablebodied 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 dogintraining. Each handicapped A person with disabilities is liable for any damage done to the premises or facilities by the dog.”

SECTION 2. Section 433370 of the 1976 Code, as amended by Act 147 of 1987, is further amended to read:

“Section 433370. (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 singlefamily 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.

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