GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 401
AN ACT TO AMEND THE LAW REGARDING ASSISTANCE DOGS FOR THE HANDICAPPED.
The General Assembly of North Carolina enacts:
Section 1. G.S. 168-4.2 reads as rewritten:
"§ 168-4.2. May be accompanied by
assistance dog.-Every mobility impaired
person, as defined in this section, visually impaired person, as broadly
defined to include visual disability, or hearing impaired person, as defined in
G.S. 8B-1(2), has the right to be accompanied by an assistance dog especially
trained for the purpose of providing assistance to a person with the same
impairing condition as the person wishing to be accompanied, in any of the
places listed in G.S. 168-3, and has the right to keep the assistance dog on
any premises the person leases, rents, or uses. The person qualifies for
these rights upon the showing of a tag, issued by the Division of Vocational
Rehabilitation, Department of Human Resources, pursuant to G.S. 168-4.3,
stamped 'NORTH CAROLINA ASSISTANCE DOG PERMANENT REGISTRATION' and stamped with
a registration number, or upon a showing that the dog is being trained or
has been trained as an assistance dog. An assistance dog accompanying may
accompany a person in any of the places listed in G.S. 168-3 shall be in
a blaze orange harness, on a blaze orange leash, and but may not
occupy a seat in any of these places.
Any visually impaired person with a guide dog or any
hearing impaired person with a hearing ear dog who was accompanied by a dog
pursuant to G.S. 168-4, 168-4.1, 168-7, and 168-7.1, as they existed prior to
October 1, 1985, continues to have the right to be accompanied by that animal
as long as the person continues to meet the appropriate conditions prescribed
in those provisions. If the person wishes to be accompanied by another dog, the
provisions of G.S. 168-4.2 through G.S. 168-4.5 apply.
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."
Sec. 2. G.S. 168-4.3 reads as rewritten:
"§ 168-4.3. Training and registration of
assistance dog.-The Division of Vocational
Rehabilitation, Department of Human Resources, shall shall adopt
rules for the registration of assistance dogs and shall issue registrations
to a visually impaired person, a hearing impaired person, or a mobility
impaired person who makes an application for registration of a dog that
serves as an assistance dog. When applying, the person shall present
certification that the dog has been trained as an assistance dog for a person
with the applicant's particular impairing condition by the appropriate agency.
The Division shall issue the person a permanent tag for the dog that does not
need to be renewed while that particular dog serves the person as an assistance
dog. The tag shall be stamped with a registration number and with the words
"NORTH CAROLINA ASSISTANCE DOG PERMANENT REGISTRATION". The
rules adopted regarding registration shall require that the dog be trained as
an assistance dog by an appropriate agency, and that the certification and
registration be permanent for the particular dog and need not be renewed while
that particular dog serves the person applying for registration as an
assistance dog. No fee may be charged the person for the application,
registration, tag, or duplicate tag issued replacement in the
event the original is lost. The Department of Human Resources may, by rule,
issue a certification or accept the certification issued by the appropriate
training facilities."
Sec. 3. G.S. 168-4.5 reads as rewritten:
"§ 168-4.5. Penalty.-It is unlawful to use or be in possession of a
dog wearing a blaze orange harness, on a blaze orange leash, with the intent to
disguise the a dog as an assistance dog, or to deprive a visually
impaired person, a hearing impaired person, or a mobility impaired person 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, or to charge any fee for the use of the assistance dog.
Violation of this section shall be a misdemeanor punishable by imprisonment of
not more than 10 days and a fine of not more than two hundred dollars
($200.00)."
Sec. 4. This act is effective upon ratification.
In the General Assembly read three times and ratified this the 18th day of June, 1987.