07 HB 366/AP
House
Bill 366 (AS PASSED HOUSE AND SENATE)
By:
Representatives Bearden of the
68th,
Meadows of the
5th,
and Tumlin of the
38th
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating
to rights of persons with disabilities, so as to change provisions relating to
right to equal public accommodations and to be accompanied by guide or service
dog; to provide that every person engaged in the raising of a dog for training
as a guide or service dog shall have the right to be accompanied by such dog in
the same manner as a totally or partially blind, deaf, or physically disabled
person under certain conditions; to change provisions relating to denial or
interference with the admittance to or enjoyment of facilities or exercise of
rights; to provide for related matters; to repeal conflicting laws; and for
other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Chapter
4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of
persons with disabilities, is amended by revising subsection (b) of Code Section
30-4-2, relating to right to equal public accommodations and to be accompanied
by guide or service dog, as follows:
"(b)(1)
Every totally or partially blind person shall have the right to be accompanied
by a guide dog, and every physically disabled person and every deaf person shall
have the right to be accompanied by a service dog, especially trained for the
purpose, in any of the places listed in subsection (a) of this Code section
without being required to pay an extra charge for the guide or service dog;
provided, however, that he or she shall be liable for any damage done to the
premises or facilities by such dog. In addition, if such totally or partially
blind person, physically disabled person, or deaf person is a student at a
private or public school in this state, such person shall have the right to be
accompanied by a guide dog or service dog subject to liability for damage as
provided in the preceding sentence. The guide dog or service dog must be
identified as having been trained by a school for seeing eye, hearing, service,
or guide dogs.
(2)
Every person engaged in the training of a guide dog or service dog for the
purpose of accompanying a person as provided in paragraph (1) of this subsection
shall have the same right to be accompanied by such dog being trained as the
totally or partially blind person, deaf person, or physically disabled person
has under paragraph (1) of this subsection, so long as such trainer is
identified as an agent or employee of a school for seeing eye, hearing, service,
or guide dogs.
(3)
Every person engaged in the raising of a dog for training as a guide dog or
service dog for the purpose of accompanying a person as provided in paragraph
(1) of this subsection shall have the same right to be accompanied by such dog
being raised for training as the totally or partially blind person, deaf person,
or physically disabled person has under paragraph (1) of this subsection, so
long as:
(A)
Such dog is being held on a leash and is under the control of the person raising
such dog for an accredited school for seeing eye, hearing, service, or guide
dogs;
(B)
Such person has on his or her person and available for inspection credentials
from the accredited school for which the dog is being raised; and
(C)
Such dog is wearing a collar, leash, or other appropriate apparel or device that
identifies such dog with the accredited school for which such dog is being
raised."
SECTION
2.
Said
chapter is further amended by revising Code Section 30-4-4, relating to denial
of or interference with admittance to or enjoyment of facilities or exercise of
rights, as follows:
"30-4-4.
Any
person, firm, corporation, or the agent of any person, firm, or corporation who
denies or interferes with admittance to or enjoyment of the facilities
enumerated in this chapter or otherwise interferes with the rights of a totally
or partially blind person, physically disabled person, or deaf person or person
engaged in the training
or
raising of a guide dog or service dog
as provided by
this chapter shall be guilty of a
misdemeanor of
a high and aggravated nature and, upon
conviction thereof, shall be punished by a fine not to exceed $2,000.00,
or
by imprisonment for not more than 30 days,
or
by
both such
fine and imprisonment."
SECTION
3.
All
laws and parts of laws in conflict with this Act are repealed.