| 1 | 1 | | 24 LC 54 0311 |
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| 2 | 2 | | House Bill 1187 |
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| 3 | 3 | | By: Representatives Thomas of the 21 |
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| 4 | 4 | | st |
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| 5 | 5 | | , Bonner of the 73 |
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| 6 | 6 | | rd |
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| 7 | 7 | | , Mathiak of the 74 |
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| 8 | 8 | | th |
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| 9 | 9 | | , and Hagan |
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| 10 | 10 | | of the 156 |
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| 11 | 11 | | th |
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| 12 | 12 | | |
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| 13 | 13 | | A BILL TO BE ENTITLED |
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| 14 | 14 | | AN ACT |
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| 15 | 15 | | To amend Title 16, Chapter 4 of Title 30, and Chapter 6 of Title 40 of the Official Code of |
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| 16 | 16 | | 1 |
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| 17 | 17 | | Georgia Annotated, relating to crimes and offenses, rights of persons with disabilities, and2 |
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| 18 | 18 | | uniform rules of the road, respectively, so as to change references to assistance and guide3 |
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| 19 | 19 | | dogs to service dogs; to provide for definitions and conforming changes; to provide for a4 |
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| 20 | 20 | | criminal penalty for a person who causes death or physical harm to a service dog; to provide5 |
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| 21 | 21 | | for exceptions; to revise provisions relating to the use and training of service dogs; to provide6 |
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| 22 | 22 | | for a penalty for persons who misrepresent the need for a service dog; to provide for related7 |
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| 23 | 23 | | matters; to repeal conflicting laws; and for other purposes.8 |
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| 24 | 24 | | BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:9 |
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| 25 | 25 | | SECTION 1.10 |
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| 26 | 26 | | Title 16 of the Official Code of Georgia Annotated, relating to crimes and offenses, is11 |
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| 27 | 27 | | amended in Chapter 11, relating to offenses against public order and safety, by revising Code12 |
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| 28 | 28 | | Section 16-11-107.1, relating to harassment of assistance dog by humans or other dogs and13 |
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| 29 | 29 | | penalty, as follows:14 |
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| 30 | 30 | | "16-11-107.1.15 |
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| 31 | 31 | | (a) As used in this Code section, the term:16 |
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| 32 | 32 | | H. B. 1187 |
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| 33 | 33 | | - 1 - 24 LC 54 0311 |
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| 34 | 34 | | (1) 'Assistance dog' means a dog that is or has been trained by a licensed or certified17 |
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| 35 | 35 | | person, organization, or agency to perform physical tasks for a physically challenged18 |
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| 36 | 36 | | person. Assistance dogs include guide or leader dogs that guide individuals who are19 |
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| 37 | 37 | | legally blind; hearing dogs that alert individuals who are deaf or hard of hearing to20 |
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| 38 | 38 | | specific sounds; and service dogs for individuals with disabilities other than blindness or21 |
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| 39 | 39 | | deafness, which are trained to perform a variety of physical tasks, including, but not22 |
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| 40 | 40 | | limited to, pulling a wheelchair, lending balance support, picking up dropped objects, or23 |
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| 41 | 41 | | providing assistance in a medical crisis.24 |
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| 42 | 42 | | (2) 'Harass' means to engage in any conduct directed toward an assistance a service dog25 |
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| 43 | 43 | | that is knowingly likely to impede or interfere with the assistance service dog's26 |
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| 44 | 44 | | performance of its duties or that places the blind, deaf, or physically limited physically27 |
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| 45 | 45 | | or mentally impaired person being served or assisted by the service dog in danger of28 |
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| 46 | 46 | | injury.29 |
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| 47 | 47 | | (3)(2) 'Notice' means an oral or otherwise communicated warning proscribing the30 |
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| 48 | 48 | | behavior of another person and a request that the person stop the particular behavior.31 |
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| 49 | 49 | | (3) 'Service dog' shall have the same meaning as set forth in Code Section 30-4-1.32 |
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| 50 | 50 | | (b) Any person who knowingly and intentionally with criminal negligence harasses or33 |
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| 51 | 51 | | attempts to harass an assistance a service dog, knowing when he or she knows or should34 |
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| 52 | 52 | | know the dog to be an assistance a service dog, shall be guilty of a misdemeanor and, upon35 |
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| 53 | 53 | | conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine36 |
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| 54 | 54 | | not to exceed $500.00, or both.37 |
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| 55 | 55 | | (c) Any person who has received notice that his or her behavior is interfering with the use38 |
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| 56 | 56 | | of an assistance a service dog and who continues to knowingly and intentionally harass an39 |
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| 57 | 57 | | assistance the service dog, knowing the dog to be an assistance dog, shall be guilty of a40 |
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| 58 | 58 | | misdemeanor and, upon conviction thereof, shall be punished by imprisonment for not less41 |
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| 59 | 59 | | than 90 days or a fine not to exceed $500.00, or both, provided that any person who is42 |
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| 60 | 60 | | H. B. 1187 |
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| 61 | 61 | | - 2 - 24 LC 54 0311 |
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| 62 | 62 | | convicted of a second or subsequent violation of this subsection shall be punished as for |
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| 63 | 63 | | 43 |
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| 64 | 64 | | a misdemeanor of a high and aggravated nature.44 |
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| 65 | 65 | | (d) Any person who knowingly and intentionally |
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| 66 | 66 | | with criminal negligence allows his or45 |
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| 67 | 67 | | her dog to harass an assistance a service dog, knowing when he or she knows or should46 |
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| 68 | 68 | | know the dog to be an assistance a service dog, shall be guilty of a misdemeanor and, upon47 |
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| 69 | 69 | | conviction thereof, shall be punished by imprisonment for not less than 90 days or a fine48 |
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| 70 | 70 | | not to exceed $500.00, or both, provided that any person who is convicted of a second or49 |
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| 71 | 71 | | subsequent violation of this subsection shall be punished as for a misdemeanor of a high50 |
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| 72 | 72 | | and aggravated nature.51 |
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| 73 | 73 | | (e) Any person who knowingly and intentionally with criminal negligence allows his or52 |
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| 74 | 74 | | her dog to cause death or physical harm to an assistance a service dog by rendering a part53 |
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| 75 | 75 | | of the assistance service dog's body useless or by seriously disfiguring the assistance54 |
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| 76 | 76 | | service dog, knowing when he or she knows or should know the dog to be an assistance a55 |
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| 77 | 77 | | service dog, shall be punished as for a misdemeanor of a high and aggravated nature.56 |
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| 78 | 78 | | (f) Any person who causes death or physical harm to a service dog by rendering a part of57 |
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| 79 | 79 | | the service dog's body useless or by seriously disfiguring the service dog, when he or she58 |
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| 80 | 80 | | knows or should know the dog to be a service dog, shall be guilty of a felony and, upon59 |
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| 81 | 81 | | conviction thereof, shall be punished by imprisonment for not less than one nor more than60 |
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| 82 | 82 | | five years and by a fine of not more than $10,000.00. This subsection shall not apply to61 |
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| 83 | 83 | | the euthanasia of a service dog for humane purposes in a manner consistent with the62 |
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| 84 | 84 | | provisions of Code Section 4-11-5.1."63 |
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| 85 | 85 | | SECTION 2.64 |
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| 86 | 86 | | Said title is further amended in Chapter 12, relating to offenses against public health and65 |
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| 87 | 87 | | morals, by revising paragraph (6) of subsection (a) of Code Section 16-12-120, relating to66 |
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| 88 | 88 | | certain acts in public transit buses, rapid rail cars, or stations and penalty, as follows:67 |
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| 89 | 89 | | H. B. 1187 |
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| 90 | 90 | | - 3 - 24 LC 54 0311 |
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| 91 | 91 | | "(6) Carries or possesses any explosives, acids, other dangerous articles, or live animals, |
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| 92 | 92 | | 68 |
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| 93 | 93 | | except for the following:69 |
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| 94 | 94 | | (A) A guide dog or |
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| 95 | 95 | | service dog as described in Code Section 30-4-2, provided that70 |
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| 96 | 96 | | such guide dog or service dog is accompanied by a physically disabled person, blind71 |
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| 97 | 97 | | person, person with visual disabilities, deaf physically or mentally impaired person, or72 |
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| 98 | 98 | | a person who is responsible for training a guide dog or service dog; and73 |
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| 99 | 99 | | (B) Small pets confined to rigid pet carriers with locks or latches;"74 |
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| 100 | 100 | | SECTION 3.75 |
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| 101 | 101 | | Chapter 4 of Title 30 of the Official Code of Georgia Annotated, relating to rights of persons76 |
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| 102 | 102 | | with disabilities, is amended by revising Code Section 30-4-1, relating to definitions, as77 |
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| 103 | 103 | | follows:78 |
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| 104 | 104 | | "30-4-1.79 |
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| 105 | 105 | | As used in this chapter, the term:80 |
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| 106 | 106 | | (1) 'Activities of daily living' means tasks that are essential, routine, and provide for an81 |
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| 107 | 107 | | individual's basic physical needs, including but not limited to eating, toileting, grooming,82 |
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| 108 | 108 | | dressing, shaving, walking, and transferring.83 |
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| 109 | 109 | | (2) 'Housing accommodations' means any real property or portion thereof which is used84 |
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| 110 | 110 | | or occupied, or intended, arranged, or designed to be used or occupied, as the home,85 |
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| 111 | 111 | | residence, or sleeping place of one or more human beings but shall not include any86 |
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| 112 | 112 | | single-family residence the occupants of which rent, lease, or furnish for compensation87 |
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| 113 | 113 | | not more than one room therein.88 |
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| 114 | 114 | | (2) 'Physically disabled person' means any person, regardless of age, who is subject to89 |
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| 115 | 115 | | a physiological defect or deficiency regardless of its cause, nature, or extent that renders90 |
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| 116 | 116 | | the person unable to move about without the aid of crutches, a wheelchair, or any other91 |
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| 117 | 117 | | form of support, or that limits the person's functional ability to ambulate, climb, descend,92 |
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| 118 | 118 | | sit, rise, or to perform any related function.93 |
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| 119 | 119 | | H. B. 1187 |
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| 120 | 120 | | - 4 - 24 LC 54 0311 |
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| 121 | 121 | | (3) 'Owner training' means training of a dog to become a service dog by an owner who94 |
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| 122 | 122 | | is a physically or mentally impaired person by teaching the dog to perform the specific95 |
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| 123 | 123 | | tasks that directly assist such owner and directly relate to such owner's specific disability.96 |
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| 124 | 124 | | (4) 'Physically or mentally impaired person' means any person, regardless of age, who,97 |
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| 125 | 125 | | regardless of the cause, nature, or extent, is rendered substantially limited or unable to98 |
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| 126 | 126 | | perform one or more activities of daily living as a result of developmental deficiencies,99 |
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| 127 | 127 | | the aging process, learning disabilities, physical injury or disease, cognitive impairments,100 |
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| 128 | 128 | | or psychological or social disabilities.101 |
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| 129 | 129 | | (5) 'Service dog' means any domestic canine that has been individually trained to do102 |
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| 130 | 130 | | work or perform tasks that directly assist a physically or mentally impaired person and103 |
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| 131 | 131 | | directly relate to such person's specific disability. Such term shall not include a dog that104 |
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| 132 | 132 | | has not been trained to do a specific job or task or that solely provides comfort,105 |
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| 133 | 133 | | companionship, or emotional support to a person, regardless of such person's disability106 |
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| 134 | 134 | | status."107 |
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| 135 | 135 | | SECTION 4.108 |
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| 136 | 136 | | Said chapter is further amended by revising Code Section 30-4-2, relating to right to equal109 |
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| 137 | 137 | | public accommodations and right to be accompanied by guide dog or service dog, as follows:110 |
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| 138 | 138 | | "30-4-2.111 |
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| 139 | 139 | | (a) Physically or mentally impaired Blind persons, persons with visual disabilities, persons112 |
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| 140 | 140 | | with physical disabilities, and deaf persons are entitled to full and equal accommodations,113 |
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| 141 | 141 | | advantages, facilities, and privileges on all common carriers, airplanes, motor vehicles,114 |
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| 142 | 142 | | railroad trains, motor buses, streetcars, boats, or any other public conveyances or modes115 |
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| 143 | 143 | | of transportation and at hotels, lodging places, places of public accommodation,116 |
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| 144 | 144 | | amusement, or resort, and other places to which the general public is invited, subject only117 |
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| 145 | 145 | | to the conditions and limitations established by law and applicable alike to all persons.118 |
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| 146 | 146 | | H. B. 1187 |
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| 147 | 147 | | - 5 - 24 LC 54 0311 |
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| 148 | 148 | | (b)(1) Every totally or partially blind person shall have the right to be accompanied by119 |
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| 149 | 149 | | a guide dog, and every physically disabled person and every deaf physically or mentally120 |
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| 150 | 150 | | impaired person shall have the right to be accompanied by a service dog, especially121 |
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| 151 | 151 | | trained for the purpose, in any of the places listed in subsection (a) of this Code section122 |
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| 152 | 152 | | without being required to pay an extra charge for the guide or service dog; provided,123 |
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| 153 | 153 | | however, that he or she shall be liable for any damage done to the premises or facilities124 |
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| 154 | 154 | | by such service dog. In addition, if such totally or partially blind person, physically125 |
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| 155 | 155 | | disabled person, or deaf physically or mentally impaired person is a student at a private126 |
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| 156 | 156 | | or public school in this state, such person shall have the right to be accompanied by a127 |
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| 157 | 157 | | guide dog or service dog subject to liability for damage as provided in the preceding128 |
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| 158 | 158 | | sentence. The guide dog or service dog must be identified as having been trained by a129 |
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| 159 | 159 | | school for seeing eye, hearing, service, or guide dogs.130 |
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| 160 | 160 | | (2) Every person engaged in the training of a guide dog or service dog for the purpose131 |
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| 161 | 161 | | of accompanying a person as provided in paragraph (1) of this subsection shall have the132 |
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| 162 | 162 | | same right to be accompanied by such service dog being trained as the totally or partially133 |
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| 163 | 163 | | blind person, deaf person, or physically disabled physically or mentally impaired person134 |
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| 164 | 164 | | has under paragraph (1) of this subsection, so long as such trainer is engaged in owner135 |
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| 165 | 165 | | training or is identified as an agent or employee of a school for seeing eye, hearing,136 |
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| 166 | 166 | | service, or guide service dogs.137 |
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| 167 | 167 | | (3) Every person engaged in the raising of a dog for training as a guide dog or service138 |
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| 168 | 168 | | dog for the purpose of accompanying a person as provided in paragraph (1) of this139 |
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| 169 | 169 | | subsection and every physically or mentally impaired person who is engaged in owner140 |
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| 170 | 170 | | training of his or her dog as a service dog shall have the same right to be accompanied141 |
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| 171 | 171 | | by such dog being raised for training or in owner training as the totally or partially blind142 |
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| 172 | 172 | | person, deaf person, or physically disabled physically or mentally impaired person has143 |
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| 173 | 173 | | under paragraph (1) of this subsection, so long as:144 |
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| 174 | 174 | | H. B. 1187 |
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| 175 | 175 | | - 6 - 24 LC 54 0311 |
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| 176 | 176 | | (A) Such dog is being held on a leash and is under the control of the person raising |
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| 177 | 177 | | 145 |
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| 178 | 178 | | such dog for an accredited school for seeing eye, hearing, service, or guide dogs |
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| 179 | 179 | | ; and146 |
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| 180 | 180 | | (B) Such person has on his or her person and available for inspection credentials from147 |
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| 181 | 181 | | the accredited school for which the dog is being raised; and148 |
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| 182 | 182 | | (C) Such dog is wearing a collar, leash, or other appropriate apparel or device that149 |
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| 183 | 183 | | identifies such dog with the accredited school for which such dog is being raised as150 |
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| 184 | 184 | | being trained as a service dog.151 |
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| 185 | 185 | | (c) Service dogs in training shall have the same rights and protections under the law as152 |
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| 186 | 186 | | working service dogs.153 |
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| 187 | 187 | | (d) Every totally or partially blind person operating a vending stand shall have the right154 |
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| 188 | 188 | | to be accompanied by a trained guide service dog on the entire premises of his or her155 |
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| 189 | 189 | | vending operation."156 |
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| 190 | 190 | | SECTION 5.157 |
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| 191 | 191 | | Said chapter is further amended by revising Code Section 30-4-3, relating to right to housing158 |
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| 192 | 192 | | accommodations, as follows:159 |
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| 193 | 193 | | "30-4-3.160 |
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| 194 | 194 | | (a) Physically or mentally impaired Blind persons, visually disabled persons, physically161 |
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| 195 | 195 | | disabled persons, and deaf persons shall be entitled to rent, lease, or purchase, as other162 |
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| 196 | 196 | | members of the general public, all housing accommodations offered for rent, lease, or other163 |
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| 197 | 197 | | compensation in this state, subject to the conditions and limitations established by law and164 |
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| 198 | 198 | | applicable alike to all persons.165 |
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| 199 | 199 | | (b) Every totally or partially blind person, every physically disabled person, and every deaf166 |
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| 200 | 200 | | physically or mentally impaired person who has a guide dog or service dog or who obtains167 |
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| 201 | 201 | | a guide dog or service dog and every person engaged in the training of a guide dog or168 |
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| 202 | 202 | | service dog shall be entitled to full and equal access to all housing accommodations169 |
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| 203 | 203 | | provided for in this Code section, and he or she shall not be required to pay extra170 |
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| 204 | 204 | | H. B. 1187 |
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| 205 | 205 | | - 7 - 24 LC 54 0311 |
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| 206 | 206 | | compensation for such guide dog or service dog. However, he or she shall be liable for any171 |
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| 207 | 207 | | damage done to the premises by such guide dog or service dog.172 |
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| 208 | 208 | | (c) Nothing in this Code section shall require any person renting, leasing, or otherwise173 |
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| 209 | 209 | | providing real property for compensation to modify his or her property in any way or174 |
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| 210 | 210 | | provide a higher degree of care for a blind, visually disabled, physically disabled, or deaf175 |
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| 211 | 211 | | physically or mentally impaired person than for a person who is not so disabled physically176 |
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| 212 | 212 | | or mentally impaired."177 |
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| 213 | 213 | | SECTION 6.178 |
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| 214 | 214 | | Said chapter is further amended by revising Code Section 30-4-4, relating to denial of or179 |
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| 215 | 215 | | interference with admittance to or enjoyment of facilities or exercise of rights, as follows:180 |
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| 216 | 216 | | "30-4-4.181 |
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| 217 | 217 | | (a) Any person, firm, or corporation, or the agent of any person, firm, or corporation, who182 |
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| 218 | 218 | | denies or interferes with admittance to or enjoyment of the facilities enumerated in this183 |
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| 219 | 219 | | chapter or otherwise interferes with the rights of a totally or partially blind person,184 |
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| 220 | 220 | | physically disabled person, or deaf physically or mentally impaired person or person185 |
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| 221 | 221 | | engaged in the training or raising of a guide dog or service dog as provided by this chapter186 |
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| 222 | 222 | | shall be guilty of a misdemeanor of a high and aggravated nature and, upon conviction187 |
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| 223 | 223 | | thereof, shall be punished by a fine not to exceed $2,000.00, imprisonment for not more188 |
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| 224 | 224 | | than 30 days, or both.189 |
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| 225 | 225 | | (b) Any individual who deliberately misrepresents himself or herself as qualified to use190 |
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| 226 | 226 | | a service dog or train or raise service dogs for the purpose of obtaining accommodations191 |
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| 227 | 227 | | or securing rights under this chapter shall be guilty of a misdemeanor of a high and192 |
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| 228 | 228 | | aggravated nature and, upon conviction thereof, shall be punished by a fine not to exceed193 |
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| 229 | 229 | | $2,000.00, imprisonment for not more than 30 days, or both."194 |
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| 230 | 230 | | H. B. 1187 |
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| 231 | 231 | | - 8 - 24 LC 54 0311 |
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| 232 | 232 | | SECTION 7. |
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| 233 | 233 | | 195 |
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| 234 | 234 | | Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to uniform rules196 |
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| 235 | 235 | | of the road, is amended by revising Code Section 40-6-94, relating to right of way of blind197 |
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| 236 | 236 | | pedestrian, as follows:198 |
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| 237 | 237 | | "40-6-94.199 |
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| 238 | 238 | | The driver of every vehicle shall yield the right of way to any blind pedestrian who is200 |
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| 239 | 239 | | carrying a walking cane or stick white in color or white tipped with red or who is201 |
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| 240 | 240 | | accompanied by a guide dog |
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| 241 | 241 | | service dog."202 |
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| 242 | 242 | | SECTION 8.203 |
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| 243 | 243 | | All laws and parts of laws in conflict with this Act are repealed.204 |
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| 244 | 244 | | H. B. 1187 |
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| 245 | 245 | | - 9 - |
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