Senate Bill No. 577

(By Boley and Caldwell)

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[Introduced March 23, 2001;

referred to the Committee on the Judiciary.]

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A BILL to amend and reenact article fifteen, chapter five of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to defining a service animal; removing the certification or accredited training language requirements; and providing for guide dog and trainer access to public facilities.

Be it enacted by the Legislature of West Virginia:
That 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.
 §5-15-1. Short title.
This article shall be known as the "White Cane Law."

 §5-15-2. Policy.
It is the policy of this state to encourage and enable blind persons who are blind or otherwise visually impaired to participate fully in the social and economic life of the state and to engage in remunerative employment.
 §5-15-3. Definitions.
(a) For the purpose of this article, a person shall be considered to be blind only if his central visual acuity does not exceed twenty/two hundred in the better eye with correcting lenses, or if his visual acuity is greater than twenty/two hundred but is occasioned by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than twenty degrees.
 (b) As defined under the Americans with Disabilities Act (ADA) in 28 CFR Part 36, a service animal means any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding an individual with impaired vision, alerting individuals with impaired hearing to intruders or sounds, providing minimal protection or rescue work, pulling a wheelchair, or fetching dropped items. A service animal as defined by this subsection is not required to be licensed or certified by a state or local government, nor shall there be any requirement for the for the specific signage or labeling of a service animal.
§5-15-4. Equal right to use public facilities.
(a) Blind and disabled persons with a disability 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 with a disability 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, professional offices for health or legal services, hospitals, other places of public accommodation, amusement or resort, and other places including places of employment 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 who is blind, every deaf person with a hearing impairment 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 service animal 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 with a disability 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 with a disability 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. A guide or support dog or trainer thereof, while engaged in training a guide or support animal, has the same rights, privileges and responsibilities applicable to blind, deaf or persons with a disability.
 §5-15-5. Standard of care to be exercised by and with respect to blind persons.
A blind person who is blind shall exercise that degree of care for his own safety in any of the places, accommodations or conveyances specified in section four of this article which an ordinarily prudent person so handicapped person with a disability would exercise under similar circumstances.
The driver of a vehicle approaching a blind pedestrian who knows, or in the exercise of reasonable care should know, that such pedestrian is blind because such pedestrian is carrying a cane predominantly white or metallic in color (with or without a red tip) or is using a guide dog or otherwise shall exercise care commensurate with the situation to avoid injuring such pedestrian.
 §5-15-6. Annual proclamation of White Cane Day.
Each year the governor shall take suitable public notice of October fifteen as white cane day. He shall issue a proclamation in which he:
(a) Comments upon the significance of the white cane;
(b) Calls upon the citizens of the state to observe the provisions of the white cane law and to take precautions necessary for the safety of the blind;
(c) Reminds the citizens of the state of the policies with respect to the blind herein declared and urges the citizens to cooperate in giving effect to them;
(d) Emphasizes the need of the citizens to be aware of the presence of persons who are blind or visually impaired persons in the community and to keep safe for the blind the highways, roads, streets, sidewalks, walkways, public buildings, public facilities, other public places, places of public accommodation, amusement and resort and other places to which the public is invited, and to offer assistance to blind persons upon appropriate occasions.
 §5-15-7. Policy of the state on employment of blind persons.
It is the policy of this state that blind persons who are blind or visually impaired shall be employed in the state service, the service of the political subdivisions of the state, in the public schools and in all other employment supported in whole or in part by public funds on the same terms and conditions as persons with normal sight, unless it is shown that the disability prevents the performance of the work involved.
 §5-15-8. Interference with rights hereunder; penalties.
Any person, firm or corporation, or the agent of any person, firm or corporation, who denies or interferes with admittance to or enjoyment of the places, accommodations or conveyances specified in section four of this article or otherwise interferes with the rights of a blind person who is blind or visually impaired under the provisions of this article shall be guilty of a misdemeanor, and, upon conviction thereof, shall be fined an amount not to exceed fifty dollars.
NOTE: The purpose of this bill is update the language as employed under the Americans with Disabilities Act; define a service animal; to delete certification or accredited training languag*e requirements which is a violation of the Americans with Disabilities Act; and 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 or deaf persons with a disability.

Strike-throughs indicate language that would be stricken from the present law and underscoring indicates new language that would be added.