GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2005
SESSION LAW 2005-450
HOUSE BILL 686
AN ACT to update the language of chapter 168 of the general statutes regarding persons with disabilities and to clarify the law allowing service animals in training to access Public facilities and conveyances when accompanied by a person who trains service animals.
The General Assembly of North Carolina enacts:
SECTION 1. Chapter 168 of the General Statutes reads as rewritten:
"Chapter 168.
"Handicapped
Persons.Persons with Disabilities.
"Article 1.
"Rights.
"§ 168‑1. Purpose and definition.
The State shall encourage and
enable handicapped persons with disabilities to participate fully
in the social and economic life of the State and to engage in remunerative
employment. The definition of "handicapped persons" shall include
those individuals with physical, mental and visual disabilities. For the
purposes of this Article the definition of "visually impaired" in G.S. 111‑11
shall apply. For purposes of this Article, the term "person with a
disability" shall have the same meaning as set forth in G.S. 168A‑3(7a).
"§ 168‑2. Right of access to and use of public places.
Handicapped persons Persons
with disabilities have the same right as the able‑bodied persons
without disabilities to the full and free use of the streets, highways,
sidewalks, walkways, public buildings, public facilities, and all other
buildings and facilities, both publicly and privately owned, which serve the
public. The Department of Health and Human Services shall develop, print, and
promote the publication ACCESS NORTH CAROLINA. It shall make copies of the
publication available to the Department of Commerce for its use in Welcome
Centers and other appropriate Department of Commerce offices. The Department of
Commerce shall promote ACCESS NORTH CAROLINA in its publications (including
providing a toll‑free telephone line and an address for requesting copies
of the publication) and provide technical assistance to the Department of
Health and Human Services on travel attractions to be included in ACCESS NORTH
CAROLINA. The Department of Commerce shall forward all requests for mailing
ACCESS NORTH CAROLINA to the Department of Health and Human Services.
"§ 168‑3. Right to use of public conveyances, accommodations, etc.
The handicapped and physically
disabled Persons with disabilities are entitled to accommodations,
advantages, facilities, and privileges of all common carriers, airplanes, motor
vehicles, railroad trains, motor buses, streetcars, boats, or any other public
conveyances or modes of transportation; hotels, lodging places, places of public
accommodation, amusement or resort to which the general public is invited,
subject only to the conditions and limitations established by law and
applicable alike to all persons.
"§§ 168-4, 168-4.1: Repealed by Session Laws 1985, c. 514, s. 1.
"§ 168‑4.2. May be accompanied by service animal.
(a) Every mobility
impaired person, as defined in this section, visually impaired person, as
broadly defined to include visual disability, hearing impaired person, as
defined in G.S. 8B‑1(2), or person with a seizure disorder has the
right to be accompanied by a service animal especially trained for the purpose
of providing assistance to a person with the same impairing condition as the
person wishing to be accompanied, Every person with a disability has the
right to be accompanied by a service animal trained to assist the person with his
or her specific disability in any of the places listed in G.S. 168‑3,
and has the right to keep the service animal on any premises the person leases,
rents, or uses. The person qualifies for these rights upon the showing of a
tag, issued by the Department of Health and Human Services, under G.S. 168‑4.3,
stamped "NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION" and
stamped with a registration number, or upon a showing that the animal is being
trained or has been trained as a service animal. The service animal may
accompany a person in any of the places listed in G.S. 168‑3 but
may not occupy a seat in any of these places. G.S. 168‑3. The
service animal may accompany that animal's trainer during training sessions in
any of the places listed in G.S. 168‑3.
A mobility impaired person is a
person with a physiological deficiency, regardless of its cause, nature, or
extent, that renders the individual unable to move about without the aid of
crutches, a wheelchair, or other form of support, or that limits the person's
functional ability to ambulate, climb, descend, sit, rise, or perform any other
related function.
(b) An animal in training to become a service animal may be taken into any of the places listed in G.S. 168‑3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168‑3.
"§ 168‑4.3. Training and registration of service animal.
The Department of Health and Human
Services, shall adopt rules for the registration of service animals and shall
issue registrations to a visually impaired person, a hearing impaired
person, a mobility impaired person, or a person with a seizure disorder person
with a disability who makes application for registration of an animal that
serves as a service animal. animal or to a person who is training an
animal as a service animal.
The rules adopted regarding
registration shall require that the animal be trained or be in training as
a service animal by an appropriate agency, animal. and that
the The rules shall provide that the certification and registration
be permanent need not be renewed while the animal is serving or
training with the person applying for the registration.for the
particular animal and need not be renewed while that particular animal serves
the person applying for registration as a service animal. No fee may be
charged the person for the application, registration, tag, or replacement in
the event the original is lost. The Department of Health and Human Services
may, by rule, issue a certification or accept the certification issued by the
appropriate training facilities.
"§ 168‑4.4. Responsibility for service animal.
The visually impaired person,
hearing impaired person, mobility impaired person, or person with a seizure
disorder Neither a person with a disability who is accompanied by a
service animal animal, nor a person who is training a service animal,
may not be required to pay any extra compensation for the animal. The
person has all the responsibilities and liabilities placed on any person by any
applicable law when that person owns or uses any animal, including liability
for any damage done by the animal.
"§ 168‑4.5. Penalty.
It is unlawful to disguise a
dog as an assistance dog, or to deprive a visually impaired person, a hearing
impaired person, or a mobility impaired person an animal as a service
animal or service animal in training. It is unlawful to deprive a person with a
disability or a person training a service animal of any rights granted the
person pursuant to G.S. 168‑4.2 through G.S. 168‑4.4, or
of any rights or privileges granted the general public with respect to being
accompanied by dogs, animals or to charge any fee for the use of
the assistance dog. service animal. Violation of this section
shall be a Class 3 misdemeanor.
"§ 168‑4.6. Donation of dogs for training.
Dogs impounded by a local dog
warden that are not redeemed shall be donated to a nonprofit agency engaged in
the training of assistance service dogs, upon the agency's
request.
"§
168‑5. Traffic and other rights of persons using certain canes.
The driver of a vehicle
approaching a visually impaired pedestrian who is carrying a cane predominantly
white or silver in color (with or without a red tip) or using a guide dog shall
take all necessary precautions to avoid injury to such pedestrian.
"§ 168-6: Repealed by Session Laws 1985, c. 571, s. 3.
"§§ 168-7, 168-7.1: Repealed by Session Laws 1985, c. 514, s. 1.
"§ 168‑8. Right to habilitation and rehabilitation services.
Handicapped persons A
person with a disability shall be entitled to such habilitation and
rehabilitation services as available and needed for the development or
restoration of their capabilities to the fullest extent possible. Such services
shall include, but not be limited to, education, training, treatment and other
services to provide for adequate food, clothing, housing and transportation
during the course of education, training and treatment. Handicapped persons
A person with a disability shall be entitled to these rights subject
only to the conditions and limitations established by law and applicable alike
to all persons.
"§ 168.9. Right to housing.
Each handicapped person
with a disability who is a citizen shall have the same right as any other
citizen to live and reside in residential communities, homes, and group homes,
and no person or group of persons, including governmental bodies or political
subdivisions of the State, shall be permitted, or have the authority, to
prevent any handicapped person with a disability who is a citizen,
on the basis of his or her handicap,citizen from living and residing
in residential communities, homes, and group homes on the same basis and
conditions as any other citizen. Nothing herein shall be construed to conflict
with provisions of Chapter 122C of the General Statutes.
"§
168‑10. Eliminate discrimination in treatment of handicapped and
disabled. persons with disabilities.
Each handicapped person person
with a disability shall have the same consideration as any other person for
individual accident and health insurance coverage, and no insurer, service
corporation, multiple employer welfare arrangement, or health maintenance
organization subject to Chapter 58 of the General Statutes solely on the basis
of the person's handicap, disability, shall deny such coverage or
benefits. The availability of coverage or benefits shall not be denied solely
because of the handicap; disability; however, any such insurer
may charge the appropriate premiums or fees for the risk insured on the same
basis and conditions as insurance issued to other persons, in accordance with
actuarial and underwriting principles and other coverage provisions prescribed
in Chapter 58 of the General Statutes. No insurer, service corporation,
multiple employer welfare arrangement, or health maintenance organization
subject to Chapter 58 of the General Statutes shall be prohibited from
excluding by waiver or otherwise, any preexisting conditions from coverage as prescribed
in G.S. 58‑51‑15(a)(2)b.
"§§ 168-11 through 168-13: Reserved for future codification purposes.
"Article 2.
"Vocational Rehabilitation.
"§ 168‑14. Vocational rehabilitation services for deaf persons.
The Department of Health and Human Services shall promote the employment of deaf persons in this State. The Department shall assist deaf persons whose disability limits employment opportunities in obtaining gainful employment commensurate with their abilities and in maintaining such employment.
The Department, in furtherance of these objectives, shall maintain statistics regarding trades and occupations in which deaf persons are employed.
The Department shall attempt to employ deaf persons in its vocational rehabilitation services for deaf persons and shall have at least one deaf person so employed.
"§§ 168-15 through 168-19: Reserved for future codification purposes.
"Article 3.
"Family Care Homes.
"§ 168‑20. Public policy.
The General Assembly has declared
in Article 1 of this Chapter that it is the public policy of this State to
provide handicapped persons with disabilities with the
opportunity to live in a normal residential environment.
"§ 168‑21. Definitions.
As used in this Article:
(1) "Family care
home" means a home with support and supervisory personnel that provides
room and board, personal care and habilitation services in a family environment
for not more than six resident handicapped persons. persons with
disabilities.
(2) "Handicapped
person" "Person with disabilities" means a person with
a temporary or permanent physical, emotional, or mental disability including
but not limited to mental retardation, cerebral palsy, epilepsy, autism,
hearing and sight impairments, emotional disturbances and orthopedic
impairments but not including mentally ill persons who are dangerous to others
as defined in G.S. 122C‑3(11)b.
"§ 168‑22. Family care home; zoning and other purposes.
(a) A family care home shall be deemed a residential use of property for zoning purposes and shall be a permissible use in all residential districts of all political subdivisions. No political subdivision may require that a family care home, its owner, or operator obtain, because of the use, a conditional use permit, special use permit, special exception or variance from any such zoning ordinance or plan; provided, however, that a political subdivision may prohibit a family care home from being located within a one‑half mile radius of an existing family care home.
(b) A family care home shall be deemed a residential use of property for the purposes of determining charges or assessments imposed by political subdivisions or businesses for water, sewer, power, telephone service, cable television, garbage and trash collection, repairs or improvements to roads, streets, and sidewalks, and other services, utilities, and improvements.
"§ 168‑23. Certain private agreements void.
Any restriction, reservation, condition, exception, or covenant in any subdivision plan, deed, or other instrument of or pertaining to the transfer, sale, lease, or use of property which would permit residential use of property but prohibit the use of such property as a family care home shall, to the extent of such prohibition, be void as against public policy and shall be given no legal or equitable force or effect."
SECTION 2. This act becomes effective September 1, 2005.
In the General Assembly read three times and ratified this the 23rd day of August, 2005.
s/ Beverly E. Perdue
President of the Senate
s/ James B. Black
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 12:50 p.m. this 29th day of September, 2005