Full Statute Name:  Consolidated Assistance Animal/Guide Dog Laws

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Primary Citation:  S D C L § 20-13-23.1 - 4, 32-27-7 - 8; 40-1-38 - 40; 43-32-33 - 36 Country of Origin:  United States Last Checked:  August, 2018 Alternate Citation:  SD ST § 20-13-23.1 - 4, 32-27-7 - 8; 40-1-38 - 40; 43-32-33 - 36
Summary:

The following statutes comprise the state's relevant assistance animal and guide dog laws.

South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.

20-13-23.1 . Right of disabled persons to equal treatment in public accommodations

20-13-23.2 . Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge-Liability for damages-Violation as misdemeanor

20-13-23.3 . Repealed by SL 1986, ch 170, § 19

20-13-23.4 . Right to keep guide dog in rented or leased residence-Violation as misdemeanor

Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.

32-27-7 . Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor

32-27-8 . Rights of blind persons not carrying cane or guided by dog-- Contributory negligence

Title 43. Property. Chapter 43-32. Lease of Real Property.

43-32-33. Service animal and disability defined

43-32-34. Landlord permitted to require documentation of disability requiring service animal--Exceptions

43-32-35. Service animal documentation requirements

43-32-36. Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages

 

Links to Harm to a Service Animal Provisions:

40-1-38. Harassment of service animal accompanying disabled person prohibited

40-1-39. Rebuttable presumption of maliciousness

40-1-40. Harassment defined--Malicious act defined

 

 

 

South Dakota Codified Laws. Title 20. Personal Rights and Obligations. Chapter 20-13. Human Rights.

20-13-23.1. Right of disabled persons to equal treatment in public accommodations

Any person with a disability is entitled to reasonably equal accommodations, advantages, facilities, and privileges of all 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.

CREDIT(S)

Source: SL 1976, ch 153, § 1; SL 1986, ch 170, § 18.

 

20-13-23.2. Physically disabled, blind or deaf person's right to be accompanied by guide dog without extra charge--Liability for damages--Violation as misdemeanor

Any person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf may be accompanied by a service animal, especially trained for the purpose, in any of the places listed in § 20-13-23.1 without being required to pay an extra charge for the service animal. However, the person with a disability is liable for any damage done to the premises or facilities by the service animal. Failure of any owner or employee of a place listed in § 20-13-23.1 to comply with the provisions of this section is a Class 2 misdemeanor.

CREDIT(S)

Source: SL 1976, ch 153, § 2; SL 1980, ch 172, § 1; SL 1994, ch 160, § 1; SL 1995, ch 118, § 1.

 

20-13-23.3. Repealed by SL 1986, ch 170, § 19


 

20-13-23.4. Right to keep guide dog in rented or leased residence--Violation as misdemeanor

No landlord may prohibit by lease or otherwise the keeping of a service animal by a person who is totally or partially physically disabled, totally or partially blind, or totally or partially deaf in an apartment or other rented or leased residential property. A violation of this section is a Class 2 misdemeanor.

Source: SDCL § 20-13-23.2 as added by SL 1980, ch 172, § 1; SL 1994, ch 160, § 4; SL 1995, ch 118, § 2.

 

South Dakota Codified Laws. Title 32. Motor Vehicles. Chapter 32-27. Pedestrians' Rights and Duties.

32-27-7. Duty of motorist to stop for pedestrian carrying cane or guided by dog--Violation as misdemeanor

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. A violation of this section is a Class 2 misdemeanor.

Source: SL 1949, ch 176, §§ 2, 4; SDC Supp 1960, §§ 44.0318-1, 44.9932; SDCL § 32-27-9; SL 1980, ch 232. 

 

32-27-8. Rights of blind persons not carrying cane or guided by dog-- Contributory negligence

Nothing contained in § 32-27-6 or 32-27-7 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, be held to constitute nor be evidence of contributory negligence.

Source: SL 1949, ch 176, § 3; SDC Supp 1960, § 44.0318-1.

 

South Dakota Codified Laws. Title 43. Property. Chapter 43-32. Lease of Real Property.

43-32-33. Service animal and disability defined

For the purposes of §§ 43-32-34 to 43-32-36, inclusive, the term, service animal, refers to any animal that serves a role for an individual with a disability as an emotional support animal, any therapy animal, or any assistance animal, and the term, disability, is a physical or mental impairment that substantially limits one or more major life activities of a person.

Credits

Source: SL 2018, ch 259, § 1.

 

43-32-34. Landlord permitted to require documentation of disability requiring service animal--Exceptions

A landlord may require reliable supporting documentation be provided by a tenant of a rental dwelling unit, if the tenant asserts a disability requiring under any provision of law that a service animal or assistance animal be allowed as an accommodation on the rented premises. A landlord may not require supporting documentation from a tenant if the tenant's disability or disability-related need for a service animal or assistance animal is readily apparent or already known to the landlord.

Credits

Source: SL 2018, ch 259, § 2.

 

43-32-35. Service animal documentation requirements

The supporting documentation shall confirm the tenant's disability and the relationship between the tenant's disability and the need for the requested accommodation. The documentation shall originate from a licensed health care provider who does not operate in this state solely to provide certification for service or assistance animals.

Credits

Source: SL 2018, ch 259, § 3.

 

43-32-36. Eviction for false claims of disability requiring service animal or fraudulent documentation--Damages

If a person is found to have knowingly made a false claim of having a disability that requires the use of a service animal or assistance animal or of knowingly providing fraudulent supporting documentation in connection with such a claim, a lessor may evict a lessee and the lessor is entitled to a damage fee, not to exceed one thousand dollars, from a lessee if the lessee provides fraudulent disability documentation indicating a disability requiring the use of a service animal or assistance animal.

Credits

Source: SL 2018, ch 259, § 4.

 

 

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