H. B. 4482


(By Delegates Fleischauer, Mahan, Susman,
Schadler, Coleman, Wills and Faircloth)
[Introduced February 10, 2000; referred to the
Committee on Government Organization.]



A BILL to amend and reenact section four, article fifteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to providing that a guide or support dog or its trainer engaged in the training process has the same rights and privileges with respect to access to public facilities, as well as the same responsibilities, applicable to blind, deaf or disabled persons.

Be it enacted by the Legislature of West Virginia:
That section four, article fifteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:
 ARTICLE 15. WHITE CANE LAW.
 §5-15-4. Equal right to use public facilities.
(a) Blind and disabled persons shall have the same right as persons with normal sight to the full and free use of the highways, roads, streets, sidewalks, walkways, public buildings, public facilities and other public places.
(b) Blind and disabled persons are entitled to full and equal 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, restaurants, other 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.
(c) Every blind person, every deaf person and every person who is physically disabled because of any neurological, muscular or skeletal disorder that causes weakness or inability to perform any physical function shall have the right to be accompanied by a guide or support dog, wearing a harness, especially trained for the purpose, which serves as a guide, leader, listener or support in any of the places, accommodations or conveyances specified in subsection (b) of this section without being required to pay an extra charge for the admission of such guide or support dog, but the blind, deaf or disabled person shall, upon request, present for inspection credentials issued by an accredited school for training guide or support dogs. The blind, deaf or disabled person shall be liable for any damage done by such guide or support dog to the premises or facilities or to persons using such premises or facilities: Provided, That the blind, deaf or disabled person shall not be liable for any damage done by such guide or support dog to any person or the property of a person who has contributed to or caused the dog's behavior by inciting or provoking such behavior. Such dog shall not occupy a seat in any public conveyance and shall be upon a leash while using the facilities of a common carrier.
 (d) A guide or support dog or trainer thereof, while engaged in training a guide or support dog, has the same rights, privileges and responsibilities applicable to blind, deaf or disabled persons.




NOTE: The purpose of this bill is to provide that a guide or support dog or its trainer engaged in the training process has the same rights and privileges with respect to access to public facilities, as well as the same responsibilities, applicable to blind, deaf or disabled persons.
Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.