Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Popular Title:  Layla's Law Primary Citation:  Code 1976 § 31-21-70; Code 1976 § 2-7-35; Code 1976 § 47-3-910 - 990; Code 1976 § 43-33-10 - 70; Code 1976 § 56-5-3200 - 3220; Code 1976 § 43-26-80 Country of Origin:  United States Last Checked:  January, 2020 Alternate Citation:  SC ST § 31-21-70; SC ST § 2-7-35; SC ST § 47-3-910 - 990; SC ST § 43-33-10 - 70; SC ST § 56-5-3200 - 3220; SC ST § 43-26-80 Historical: 
Summary: The following statutes comprise the state's relevant assistance/service animal laws.

Code of Laws of South Carolina 1976 Annotated. Title 31. Housing and Redevelopment. Chapter 21. Fair Housing Law

§ 31-21-70. Application and exceptions.

Code of Laws of South Carolina 1976. Title 2. General Assembly. Chapter 7. Legislative Enactments. Article 1. General Provisions

§ 2-7-35 . Handicapped person defined.

Code of Laws of South Carolina 1976 Annotated. Title 47. Animals, Livestock and Poultry. Chapter 3. Dogs and Other Domestic Pets. Article 15. Protection of Guide Dogs

  § 47-3-910 . Short title.

  § 47-3-920 . Definitions.

  § 47-3-930 . Interference with use of a guide dog or service animal; misdemeanor.

 § 47-3-940 . Injury, disability, or death; reckless disregard; penalties.

  § 47-3-950 . Unauthorized control over guide dog or service animal; penalties.

 § 47-3-960 . Intentional injury, disability, or death; penalties.

  § 47-3-970 . Restitution.

  § 47-3-980. Intentional misrepresentation of animal as service animal; penalties.

  § 47-3-990. Rules and regulations related to access of places of public accommodation by nonservice animals.

Code of Laws of South Carolina 1976 Annotated. Title 43. Social Services. Chapter 33. Rights of Physically Disabled Persons. Article 1. In General.

§ 43-33-10 . Declaration of policy.

§ 43-33-20 . Right of use of public facilities and accommodations of blind, other special need persons, and guide dog trainers.

§ 43-33-25 . Use of motorized chairs or carts by handicapped on beaches.

§ 43-33-30 . Duty of driver approaching blind pedestrian; failure of blind pedestrian to carry white cane or use guide dog.

§ 43-33-40 . Unlawful interference with rights of blind or other physically disabled person.

§ 43-33-50 . White Cane Safety Day.

§ 43-33-60 . Policy regarding employment of blind and other physically disabled persons.

§ 43-33-70 . Right of blind and other physically disabled persons to equal access to housing accommodations.

Code of Laws of South Carolina 1976 Annotated. Title 43. Social Services. Chapter 26. Operation of Vending Facilities by Blind Persons

§ 43-26-80 . Blind vendors may have guide dogs on public property.

Code of Laws of South Carolina 1976 Annotated. Title 56. Motor Vehicles. Chapter 5. Uniform Act Regulating Traffic on Highways. Article 25. Pedestrians; Rights and Duties Thereof

§ 56-5-3200 . Vehicle shall stop for pedestrian guided by dog or raising cane.

§ 56-5-3210 . Penalties for violating §§ 56-5-2720, 56-5-3190, or 56-5-3200.

§ 56-5-3220 . Effect of failure of incapacitated person to carry walking stick or cane, or to be guided by dog.

 

 

Code of Laws of South Carolina 1976 Annotated. Title 31. Housing and Redevelopment. Chapter 21. Fair Housing Law

§ 31-21-70. Application and exceptions.

(A) Nothing in Section 31-21-40 or 31-21-60 applies to rooms or units in dwellings containing living quarters occupied or intended to be occupied by no more than four families living independently of each other, if the owner actually maintains and occupies one of the living quarters as his residence.

(B) Nothing in Section 31-21-40 or 31-21-60 applies to any single-family house sold or rented by an owner when:

(1) the private individual owner does not own more than three single-family houses at any one time; and

(2) in the sale of any single-family house by a private individual owner not residing in the house at the time of the sale or who was not the most recent resident of the house before the sale, the exemption granted by this subsection applies only with respect to one sale within a twenty-four month period; and

(3) a bona fide private individual owner does not own an interest in, nor is there owned or reserved on his behalf, under any express or voluntary agreement, title to or a right to all or a portion of the proceeds from the sale or rental of more than three single-family houses at any one time.

After the effective date of this chapter, the sale or rental of a single-family house is excepted from the application of this subsection only if the house is sold or rented:

(a) without the use in any manner of the sales or rental facilities or the sales or rental services of a real estate broker, agent, or salesman, or of the facilities or services of a person in the business of selling or renting dwellings, or of an employee or agent of a broker, agent, salesman, or person; and

(b) without publication posting or mailing, after notice, of an advertisement or written notice in violation of this chapter. Nothing in this subsection prohibits the use of attorneys, escrow agents, abstractors, title companies, and other professional assistance as necessary to perfect or transfer this title.

(C) For the purposes of this section, a person is considered to be in the business of selling or renting dwellings if he:

(1) has, within the preceding twelve months, participated as principal in three or more transactions involving the sale or rental of any dwelling or any interest in it;

(2) has, within the preceding twelve months, participated as agent, other than in the sale of his personal residence, in providing sales or rental facilities or sales or rental services in two or more transactions involving the sale or rental of any dwelling or any interest in it; or

(3) is the owner of any dwelling designed or intended for occupancy by, or occupied by, five or more families.

(D) Nothing in this chapter prohibits a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, from limiting the sale, rental, or occupancy of any dwelling which it owns or operates for other than a commercial purpose to persons of the same religion or from giving preference to those persons, unless membership in the religion is restricted because of race, color, or national origin. Nothing in this chapter prohibits a private club not in fact open to the public, which as an incident to its primary purpose provides lodgings which it owns or operates for other than a commercial purpose, from limiting the rental or occupancy of the lodgings to its members or from giving preference to its members.

(E) It is not unlawful under Section 31-21-40(1) or (2) for any person to deny or limit the rental of housing to persons who pose a real and present threat of substantial harm to themselves, to others, or to the housing itself.

(F) Nothing in this chapter prohibits conduct against a person because the person has been convicted by any court of competent jurisdiction of the illegal manufacture or distribution of a controlled substance as defined by law.

(G) For purposes of Section 31-21-40(6), discrimination includes:

(1) a refusal to permit, at the expense of the handicapped person, reasonable modifications of existing premises occupied or to be occupied by the person if the modifications are necessary to afford that person full enjoyment of the premises, except that in the case of a rental, the landlord, where it is reasonable to do so, may condition permission for a modification on the renter agreeing to restore the interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;

(2) a refusal to make reasonable accommodations in rules, policies, practices, or services when such accommodations may be necessary to afford the person equal opportunity to use and enjoy a dwelling; or

(3) in connection with the design and construction of covered multi-family dwellings for first occupancy after the date that is thirty months after the date of enactment of the Fair Housing Amendments Act of 1988, a failure to design and construct those dwellings in such a manner that:

(a) the public use and common use portions of such dwelling are readily accessible to and usable by handicapped persons;

(b) all the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by handicapped persons in wheelchairs; and

(c) all premises within these dwellings contain the following features of adaptive design:

(i) an accessible route into and through the dwelling;

(ii) light switches, electrical outlets, thermostats, and other environmental controls in accessible locations;

(iii) reinforcements in the bathroom walls to allow later installation of grab bars; and

(iv) usable kitchens and bathrooms that an individual in a wheelchair can maneuver about the space.

(H) Compliance with the appropriate requirements of the American National Standard for Buildings and Facilities Providing Accessibility and Usability for Physically Handicapped People (commonly cited as “ANSI A117.1”) suffices to satisfy the requirements of Section 31-21-70(G)(3)(c).

(1)(a) If a unit of local government has incorporated into its laws the requirements in (G)(3) of this section, compliance with these laws is considered to satisfy the requirements of that section.

(b) A unit of local government may review and approve newly constructed covered multi-family dwellings for the purpose of making determinations as to whether the design and construction requirements of (G)(3) of this section are met.

(c) The commission shall encourage, but may not require, units of local government to include in their existing procedures for the review and approval of newly constructed covered multi-family dwellings, determinations as to whether the design and construction of these dwellings are consistent with (G)(3) of this section, and shall provide technical assistance to units of local government and other persons to implement the requirements of (G)(3) of this section.

(d) Nothing in this chapter may be construed to require the commission to review or approve the plans, designs, or construction of all covered multi-family dwellings, to determine whether the design and construction of these dwellings are consistent with the requirements of (G)(3) of this section.

(I)(1) Nothing in subsection (H) may be construed to affect the authority and responsibility of the commissioner to receive and process complaints or otherwise engage in enforcement activities under this chapter.

(2) Determinations by the unit of local government under subsection (H)(1)(a) or (b) are not conclusive in enforcement proceedings under this chapter.

(J) Nothing in this chapter may be construed to invalidate or limit any law of a political subdivision of the State that requires dwellings to be designed and constructed in a manner that affords handicapped persons greater access than is required by this chapter.

(K) Nothing in this chapter requires that a dwelling be made available to an individual whose occupancy would constitute a direct threat to the health or safety of other individuals or whose occupancy would result in substantial physical damage to the property of others.

(L) Nothing in this chapter limits the applicability of any reasonable local, state, or federal restrictions regarding the maximum number of occupants permitted to occupy a dwelling. Owners and managers of dwellings may develop and implement reasonable occupancy and safety standards based on factors such as the number and size of sleeping areas or bedrooms and the overall size of a dwelling unit so long as the standards do not violate local, state, or federal restrictions. No provision in this chapter regarding familial status applies to housing for older persons. Nothing in this chapter prohibits the lease application or similar document from requiring information concerning the number, ages, sex, and familial relationship of the applicants and the dwelling's intended occupants. The owner or manager may consider these factors in determining payment of utilities. The application also may require disclosure by the applicant of the conviction of any intended occupant for violating any laws pertaining to the illegal manufacture or distribution of a controlled substance as defined by law.

(M) The provisions of Section 31-21-40 with respect to discrimination based on sex do not apply to the rental or leasing of dwellings in a single-sex dormitory property.

(N)(1) A landlord may ask a tenant or prospective tenant the following questions to determine whether an animal that is not a service animal should be deemed a reasonable accommodation:

(a) “Does the person seeking to use and live with the animal have a disability that is a physical or mental impairment that substantially limits one or more major life activities?”

(b) “Does the person seeking to use and live with the animal have a disability-related need for the animal?”

(2) Landlords may request documentation to verify the tenant's responses to the above questions. Such documentation shall be deemed sufficient if it establishes that an individual has a disability and that the animal in question will provide some type of disability-related assistance or emotional support.

Credits

HISTORY: 1989 Act No. 72, § 1; 2019 Act No. 44 (S.281), § 6, eff May 16, 2019.

EDITOR'S NOTE

2019 Act No. 44, preamble, provides as follows:

“Whereas, service animals that are properly trained to assist persons with disabilities play a vital role in establishing independence for such persons; and

“Whereas, the term "service animal" has a distinct meaning in the law. A 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. Under the law, the provision of emotional support, well-being, comfort, or companionship does not constitute the work or tasks of a service animal; and

“Whereas, no vest, other marking, or documentation is required for an animal to qualify as a service animal, nor are such vests, markings, or documentation a reliable indication of whether an animal is, by law, a service animal. People sometimes erroneously think that a therapy animal, an emotional support animal, or any animal wearing a vest or having any other type of marking is a service animal as defined by law; and

“Whereas, there is an increasing number of occurrences in which people exploit the confusion related to service animals and attempt to bring an animal into a place that it would otherwise not be allowed to enter by passing off the pet, therapy animal, or emotional support animal as a service animal, either by oral misrepresentation, placement of a vest or other marking on the animal, or presentation of a "certificate", despite knowing that it is not a service animal; and

“Whereas, some companies mislead individuals into believing that they will be entitled to the rights or privileges for individuals with disabilities with service animals if they buy the company's vests or obtain some type of certificate. These misrepresentations, in some cases, are unlawful deceptive trade practices and compound the confusion around service animals; and

“Whereas, commendably, federal and state laws require places of public accommodation, including airports, restaurants, theaters, stores, hospitals, and more, to allow any animal that is presented as a service animal into the place of public accommodation. These same places of public accommodation face a dilemma if someone enters the premises and intentionally misrepresents his animal as a service animal; and

“Whereas, when people try to falsely represent a nonservice animal as a service animal, business owners and other places of public accommodation become increasingly distrustful that the animals being represented to them as service animals are, in fact, service animals. Misrepresentation of service animals delegitimizes the program and makes it harder for persons with disabilities to gain unquestioned acceptance of their legitimate, properly trained, and essential service animals. Now, therefore, [Text of Act].” 

 

Code of Laws of South Carolina 1976. Title 2. General Assembly. Chapter 7. Legislative Enactments. Article 1. General Provisions

§ 2-7-35. Handicapped person defined.

Wherever the term “handicapped person” appears in the laws of this State, unless it is stated to the contrary, it shall mean a person who:

(1) Has a physical or mental impairment which substantially limits one or more major life activities including, but not limited to caring for himself, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working;

(2) Meets any other definition prescribed by federal law or regulation for use by agencies of state government which serve handicapped persons.

CREDIT(S)

HISTORY: 1978 Act No. 437, § 1.

 

Title 47. Animals, Livestock and Poultry. Chapter 3. Dogs and Other Domestic Pets. Article 15. Protection of Guide Dogs

§ 47-3-910. Short title.

This article may be cited as "Layla's Law".

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.


 

§ 47-3-920. Definitions.

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) “Humane euthanasia” means the termination of a terminally ill or critically injured guide dog or service animal's life by a means that produces a rapid and minimally painful death as provided in Section 47-3-420.

(3) “Notice” means an actual verbal or written warning prescribing the behavior of another person and a request that the person stop the behavior.

(4)(a) “Service animal” or “service animal-in-training” means an animal that is trained or that is being trained to do work or perform tasks for an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. A service animal is not a pet and is limited to a dog or a miniature horse. The work done or tasks performed must be directly related to the individual's disability and may include, but are not limited to:

(i) guiding an individual who is visually impaired or blind;

(ii) alerting an individual who is deaf or hard of hearing;

(iii) pulling a wheelchair;

(iv) assisting with mobility or balance;

(v) alerting others and protecting an individual if the individual is having a seizure;

(vi) retrieving objects;

(vii) alerting an individual to the presence of allergens;

(viii) providing physical support and assistance with balance and stability to an individual with a mobility disability;

(ix) helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors;

(x) reminding an individual with a mental illness to take his prescribed medications;

(xi) calming an individual with post-traumatic stress disorder during an anxiety attack; or

(xii) doing other specific work or performing other special tasks.

(b) The crime-deterrent effect of an animal's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

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

(6) “Emotional support animal” means an animal intended to provide companionship and reassurance.

(7) “Places of public accommodation” means airports, train stations, bus stations, and establishments defined in Section 45-9-10.

Credits

HISTORY: 2003 Act No. 37, § 1, eff June 2, 2003; 2019 Act No. 44 (S.281), §§ 3, 4, eff May 16, 2019.

 

§ 47-3-930. Interference with use of a guide dog or service animal; misdemeanor.

(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 that is not contained by a fence, a leash, or another containment system 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 triable in magistrate's court and, upon conviction, is subject to the maximum fines and terms of imprisonment in magistrate's court.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-940. Injury, disability, or death; reckless disregard; penalties.

(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 more than two thousand five hundred dollars or imprisoned not more than six months, or both.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-950. Unauthorized control over guide dog or service animal; penalties.

(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 or imprisoned not less than one year, or both.

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-960. Intentional injury, disability, or death; penalties.

(A) It is unlawful for a person to intentionally injure, disable, or cause the death of a guide dog or service animal, except in the case of self-defense or humane euthanasia.

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

HISTORY: Added by 2003 Act No. 37, § 1, eff June 2, 2003.

 

§ 47-3-970. Restitution.

(A) A defendant convicted of a violation of Sections 47-3-930, 47-3-940, 47-3-950, or 47-3-960 may 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 ordered pursuant to this section 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. Restitution paid pursuant to this article must be set off against damages awarded in a civil action arising out of the same conduct that resulted in the restitution payment.

Credits

HISTORY: 2003 Act No. 37, § 1, eff June 2, 2003; 2019 Act No. 44 (S.281), § 5, eff May 16, 2019.

 

§ 47-3-980. Intentional misrepresentation of animal as service animal; penalties.

(A) It is unlawful for a person to intentionally misrepresent an animal in his possession as a service animal or service animal-in-training for the purpose of obtaining any right or privilege provided to a disabled person if the person knows that the animal in his possession is not a service animal or service animal-in-training.

(B) A person who is adjudicated to be in violation of the provisions of subsection (A) must be fined:

(1) for a first offense, an amount not more than two hundred fifty dollars;

(2) for a second offense, an amount not more than five hundred dollars; and

(3) for a third or subsequent offense, an amount not more than one thousand dollars.

(C) Inquiries made in order to investigate and enforce the provisions of this section are limited to those inquiries allowed by the Department of Justice pursuant to 28 C.F.R. Section 36.302.

(D) A custodial arrest for a violation of subsection (A) must not be made, except upon a warrant issued for failure to appear in court when summoned or for failure to pay an imposed fine. A violation of subsection (A) does not constitute a criminal offense.

Credits

HISTORY: 2019 Act No. 44 (S.281), § 1, eff May 16, 2019.

 

§ 47-3-990. Rules and regulations related to access of places of public accommodation by nonservice animals.

Places of public accommodation may establish rules and regulations related to access to such facilities by nonservice animals, including emotional support animals.

Credits

HISTORY: 2019 Act No. 44 (S.281), § 1, eff May 16, 2019.

 

Title 43. Social Services. Chapter 33. Rights of Physically Disabled Persons. Article 1. In General.  

 
§ 43-33-10. Declaration of policy.

It is the policy of this State to encourage and enable the blind, the visually handicapped, and the otherwise physically disabled to participate fully in the social and economic life of the State and to engage in remunerative employment.

CREDIT(S)

HISTORY: 1962 Code § 71-300.51; 1972 (57) 2617.

 

§ 43-33-20. Right of use of public facilities and accommodations of blind, other special need persons, and guide dog trainers.

(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) 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) 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.

(d) Every person who is a trainer of an assistance or guide dog, while engaged in the training of an assistance or guide dog, has the same rights and privileges with respect to access to public facilities and accommodations as blind and disabled persons, including the right to be accompanied by an assistance or guide dog or assistance or guide dog in training, in any of the places listed in item (b) of this section without being required to pay an extra charge for the assistance dog. A person who uses premises or facilities accommodations accompanied by a dog under the authority of this item is liable for any damage done to the premises or facilities by the dog.

CREDIT(S)

HISTORY: 1962 Code § 71-300.52; 1972 (57) 2617; 1983 Act No. 57 § 1; 1987 Act No. 147 § 1, eff June 4, 1987; 2002 Act No. 204, § 1, eff April 10, 2002.

EFFECT OF AMENDMENT

The 1987 amendment replaced totally or partially blind or deaf person with handicapped person, and replaced guide dog with assistance dog in subsection (c).

The 2002 amendment added subsection (d) relating to public facility access rights of guide dog trainers.

 

§ 43-33-25. Use of motorized chairs or carts by handicapped on beaches.

For reasons set forth in § 43-33-20, persons who are handicapped and who customarily use motorized wheelchairs or motorized carts for locomotion shall not be prohibited from using such wheelchairs or carts on the strand of the seacoast of this State.

CREDIT(S)

HISTORY: 1980 Act No. 315.

 

§ 43-33-30. Duty of driver approaching blind pedestrian; failure of blind pedestrian to carry white cane or use guide dog.

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 § 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.

CREDIT(S)

HISTORY: 1962 Code § 71-300.53; 1972 (57) 2617; 1983 Act No. 57 § 2; 1987 Act No. 147 § 2, eff June 4, 1987.

EFFECT OF AMENDMENT

The 1987 amendment replaced totally or partially blind or deaf person with handicapped person, and replaced guide dog with assistance dog.

 

§ 43-33-40. Unlawful interference with rights of blind or other physically disabled person.

(A) It is unlawful for a person or his agent to:

(1) deny or interfere with admittance to or enjoyment of the public facilities enumerated in Section 43-33-20; or

(2) interfere with the rights of a totally or partially blind or disabled person 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.

CREDIT(S)

HISTORY: 1962 Code § 71-300.54; 1972 (57) 2617; 1993 Act No. 184 § 234, eff January 1, 1994.

EFFECT OF AMENDMENT

The 1993 amendment rewrote this section so as to change the maximum term of imprisonment to conform to the classification established for each offense.

 

§ 43-33-50. White Cane Safety Day.

Each year, the Governor shall take suitable public notice of October fifteenth as White Cane Safety Day. He 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;

(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.

CREDIT(S)

HISTORY: 1962 Code § 71-300.55; 1972 (57) 2617.

 

§ 43-33-60. Policy regarding employment of blind and other physically disabled persons.

It is the policy of this State that the blind, the visually handicapped, and the otherwise physically disabled shall 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.

CREDIT(S)

HISTORY: 1962 Code § 71-300.56; 1972 (57) 2617.

 

§ 43-33-70. Right of blind and other physically disabled persons to equal access to housing accommodations.

(a) Blind persons, visually handicapped persons, and other physically disabled persons shall be 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) “Housing accommodations” means any real property, or portion thereof, 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 not include any accommodations, included within subsection (a) or any single-family residence the occupants of which rent, lease, or furnish for compensation not more than one room therein.

(c) Nothing in this section shall require any 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) 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.

CREDIT(S)

HISTORY: 1962 Code § 71-300.57; 1972 (57) 2617; 1983 Act No. 57 § 3; 1987 Act No. 147 § 3, eff June 4, 1987.

EFFECT OF AMENDMENT

The 1987 amendment replaced, in subsection (d), totally or partially blind or deaf person with handicapped person, and replaced guide dog with assistance dog.

 

Code of Laws of South Carolina 1976 Annotated. Title 43. Social Services. Chapter 26. Operation of Vending Facilities by Blind Persons


§ 43-26-80. Blind vendors may have guide dogs on public property.

Blind persons who are licensed by the Commission to operate vending facilities shall be allowed to have their guide dogs present with them while on public property, any state, county or municipal laws, regulations, ordinances to the contrary notwithstanding. Provided, however, that this section shall in no manner affect or limit the provisions of Chapter 33 of Title 43 of the 1976 Code.


CREDIT(S)

HISTORY: 1978 Act No. 565 § 8.

 

Code of Laws of South Carolina 1976 Annotated. Title 56. Motor Vehicles. Chapter 5. Uniform Act Regulating Traffic on Highways. Article 25. Pedestrians; Rights and Duties Thereof

§ 56-5-3200. Vehicle shall stop for pedestrian guided by dog or raising cane.

Whenever a pedestrian is crossing or attempting to cross a public street or highway, guided by a guide dog or carrying in a raised or extended position a cane or walking stick which is white in color or white tipped with red, the driver of every vehicle approaching the intersection or place where such pedestrian is attempting to cross shall bring his vehicle to a full stop before arriving at such intersection or place of crossing and before proceeding shall take such precautions as may be necessary to avoid injuring such pedestrian.

CREDIT(S)

HISTORY: 1962 Code § 46-439; 1952 Code § 46-439; 1949 (46) 170.


§ 56-5-3210. Penalties for violating §§ 56-5-2720, 56-5-3190, or 56-5-3200.

A person who violates any of the provisions of Sections 56-5-3190, 56-5-3200, or 56-5-2720 is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding twenty-five dollars or imprisonment for not exceeding ten days.

CREDIT(S)

HISTORY: 1962 Code § 46-440; 1952 Code § 46-440; 1949 (46) 170; 1992 Act No. 399, § 5.

 

§ 56-5-3220. Effect of failure of incapacitated person to carry walking stick or cane, or to be guided by dog.

Nothing contained in §§ 56-5-3190 and 56-5-3200 shall be construed to deprive any totally or partially blind or otherwise incapacitated person not carrying such a cane or walking stick or not being guided by a dog of the rights and privileges conferred by law upon pedestrians crossing streets or highways, nor shall the failure of such totally or partially blind or otherwise incapacitated person to carry a cane or walking stick or to be guided by a guide dog upon the streets, highways, or sidewalks of this State to be held to constitute or be evidence of contributory negligence.

CREDIT(S)

HISTORY: 1962 Code § 46-441; 1952 Code § 46-441; 1949 (46) 170.

 

 

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