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HB 1256 - Disabled or deaf persons; guide or service dogs; expanded provisions

Stallings, Tracy (100th)	West, Jack (101st)

Status Summary	HC:	H&E	SC:	V&CA	FR:	01/26/00	LA:	05/01/00	Signed by Governor

First Reader Summary

A BILL to amend Title 30 of the Official Code of Georgia Annotated, relating to handicapped persons, so as to change provisions relating to the ability of visually or physically disabled persons and deaf persons to use guide or service dogs; to expand places where guide or service dogs and guide or service dogs in training are permitted; to enhance penalties for denial of access; and for other purposes.

Code Sections - 30-4-1

HB 1256                                            LC 24 1550 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Title 30 of the Official Code of Georgia Annotated, 
  1- 2  relating to handicapped persons, so as to change provisions 
  1- 3  relating to the ability of visually or physically disabled 
  1- 4  persons and deaf persons to use guide or service dogs; to 
  1- 5  expand places where guide or service dogs and guide or 
  1- 6  service dogs in training are permitted; to enhance penalties 
  1- 7  for denial of access; to reorganize the chapter for 
  1- 8  consistency and coherence; to provide for definitions; to 
  1- 9  provide for related matters; to repeal conflicting laws; and 
  1-10  for other purposes. 
 
  1-11       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-12                           SECTION 1. 
 
  1-13  Title 30 of the Official Code of Georgia Annotated, relating 
  1-14  to handicapped persons, is amended by striking Chapter 4, 
  1-15  relating to the rights of persons with visual and physical 
  1-16  disabilities and deaf persons, and inserting in lieu thereof 
  1-17  a new chapter to read as follows: 
 
 
 
  1-18    30-4-1. 
 
  1-19    As used in this chapter, the term: 
 
  1-20      (1) 'Housing accommodations' means any real property or 
  1-21      portion thereof which is used or occupied, or intended, 
  1-22      arranged, or designed to be used or occupied, as the 
  1-23      home, residence, or sleeping place of one or more human 
  1-24      beings but shall not include any single-family residence 
  1-25      the occupants of which rent, lease, or furnish for 
  1-26      compensation not more than one room therein. 
 
  1-27      (2) 'Physically disabled person' means any person, 
  1-28      regardless of age, who is subject to a physiological 
  1-29      defect or deficiency regardless of its cause, nature, or 
  1-30      extent that renders the person unable to move about 
  1-31      without the aid of crutches, a wheelchair, or any other 
  1-32      form of support, or that limits the person's functional 
 
 
                                 -1- 
 
 
 
  2- 1      ability to ambulate, climb, descend, sit, rise, or to 
  2- 2      perform any related function. 
 
  2- 3    30-4-2. 
 
  2- 4    (a) Blind persons, persons with visual disabilities, 
  2- 5    persons with physical disabilities, and deaf persons are 
  2- 6    entitled to full and equal accommodations, advantages, 
  2- 7    facilities, and privileges on all common carriers, 
  2- 8    airplanes, motor vehicles, railroad trains, motor buses, 
  2- 9    streetcars, boats, or any other public conveyances or 
  2-10    modes of transportation and at hotels, lodging places, 
  2-11    places of public accommodation, amusement, or resort, and 
  2-12    other places to which the general public is invited, 
  2-13    subject only to the conditions and limitations established 
  2-14    by law and applicable alike to all persons. 
 
  2-15      (b)(1) Every totally or partially blind person and every 
  2-16      deaf person shall have the right to be accompanied by a 
  2-17      guide dog, and every physically disabled person and 
  2-18      every deaf person shall have the right to be accompanied 
  2-19      by a service dog, especially trained for the purpose, in 
  2-20      any of the places listed in subsection (a) of this Code 
  2-21      section without being required to pay an extra charge 
  2-22      for the guide or service dog; provided, however, that he 
  2-23      or she shall be liable for any damage done to the 
  2-24      premises or facilities by such dog.  In addition, if 
  2-25      such totally or partially blind person, physically 
  2-26      disabled person, or deaf person is a student at a 
  2-27      private or public school in this state, such person 
  2-28      shall have the right to be accompanied by a guide dog or 
  2-29      service dog subject to liability for damage as provided 
  2-30      in the preceding sentence. The guide dog or service dog 
  2-31      must be identified as having been trained by a school 
  2-32      for seeing eye, hearing ear, service, or guide dogs. 
 
  2-33      (1.1)(2) Every person engaged in the training of a guide 
  2-34      dog or service dog for the purpose of accompanying a 
  2-35      person as provided in paragraph (1) of this subsection 
  2-36      shall have the same right to be accompanied by such dog 
  2-37      being trained as the totally or partially blind person, 
  2-38      deaf person, or physically disabled person has under 
  2-39      paragraph (1) of this subsection, so long as such 
  2-40      trainer is identified as an agent or employee of a 
  2-41      school for seeing eye, hearing ear, service, or guide 
  2-42      dogs.  
 
 
 
 
                                 -2- 
 
 
 
  3- 1      (2)As used in this Code section, the term 'physically 
  3- 2      disabled person' means any person, regardless of age, 
  3- 3      who is subject to a physiological defect or deficiency 
  3- 4      regardless of its cause, nature, or extent that renders 
  3- 5      the person unable to move about without the aid of 
  3- 6      crutches, a wheelchair, or any other form of support, or 
  3- 7      that limits the person's functional ability to ambulate, 
  3- 8      climb, descend, sit, rise, or to perform any related 
  3- 9      function. 
 
  3-10    (c) Every totally or partially blind person operating a 
  3-11    vending stand shall have the right to be accompanied by a 
  3-12    trained guide dog on the entire premises of his or her 
  3-13    vending operation. 
 
  3-14    30-4-2. 30-4-3.  
 
  3-15    (a) As used in this Code section, the term 'housing 
  3-16    accommodations' means any real property or portion thereof 
  3-17    which is used or occupied, or intended, arranged, or 
  3-18    designed to be used or occupied, as the home, residence, 
  3-19    or sleeping place of one or more human beings but shall 
  3-20    not include any single-family residence the occupants of 
  3-21    which rent, lease, or furnish for compensation not more 
  3-22    than one room therein. 
 
  3-23    (b)(a) Blind persons, visually disabled persons, 
  3-24    physically disabled persons, and deaf persons shall be 
  3-25    entitled to rent, lease, or purchase, as other members of 
  3-26    the general public, all housing accommodations offered for 
  3-27    rent, lease, or other compensation in this state, subject 
  3-28    to the conditions and limitations established by law and 
  3-29    applicable alike to all persons. 
 
  3-30    (c)(b) Every totally or partially blind person, every 
  3-31    physically disabled person, and every deaf person who has 
  3-32    a guide dog or service dog or who obtains a guide dog or 
  3-33    service dog and every person engaged in the training of a 
  3-34    guide dog or service dog shall be entitled to full and 
  3-35    equal access to all housing accommodations provided for in 
  3-36    this Code section, and he or she shall not be required to 
  3-37    pay extra compensation for such guide dog or service dog. 
  3-38    However, he or she shall be liable for any damage done to 
  3-39    the premises by such guide dog or service dog. 
 
  3-40    (d)(c) Nothing in this Code section shall require any 
  3-41    person renting, leasing, or otherwise providing real 
  3-42    property for compensation to modify his or her property in 
  3-43    any way or provide a higher degree of care for a blind, 
 
 
                                 -3- 
 
 
 
  4- 1    visually disabled, physically disabled, or deaf person 
  4- 2    than for a person who is not so disabled. 
 
  4- 3    30-4-3. 30-4-4. 
 
  4- 4    Any person, firm, corporation, or the agent of any person, 
  4- 5    firm, or corporation who denies or interferes with 
  4- 6    admittance to or enjoyment of the facilities enumerated in 
  4- 7    this chapter or otherwise interferes with the rights of a 
  4- 8    totally or partially blind person, physically disabled 
  4- 9    person, or deaf person or person engaged in the training 
  4-10    of a guide dog or service dog shall be guilty of a 
  4-11    misdemeanor and, upon conviction thereof, shall be 
  4-12    punished by a fine not to exceed $100.00 $2,000.00, or by 
  4-13    imprisonment for not more than ten 30 days, or by both 
  4-14    such fine and imprisonment." 
 
  4-15                           SECTION 2. 
 
  4-16  All laws and parts of laws in conflict with this Act are 
  4-17  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -4-