NORTH CAROLINA GENERAL ASSEMBLY

1981 SESSION

 

 

CHAPTER 1177

HOUSE BILL 1388

 

 

AN ACT TO EXTEND THE SAME RIGHTS AND PRIVILEGES TO THE HEARING IMPAIRED USERS OF HEARING-EAR DOGS AS EXIST FOR THE VISUALLY HANDICAPPED USERS OF GUIDE DOGS.

 

The General Assembly of North Carolina enacts:

 

Section 1. G.S. 72-7 is amended in the first sentence of the first paragraph by deleting the phrase "It shall be unlawful" and by substituting the following phrase: "Except as provided in Chapter 168 of the General Statutes, it is unlawful".

Sec. 2. G.S. 105-147 of the General Statutes is amended by adding a new subdivision directly after subdivision (25) to read:

"(25.1) The purchase price of a hearing-ear dog designated as such by the North Carolina Council for the Hearing Impaired, actually purchased and used by a person who is hearing impaired as defined in G.S. 8B-1(2), or purchased by a parent or guardian for the use of a hearing impaired child and/or all of the cost of maintenance and upkeep of a hearing-ear dog, including veterinary expenses. The amount claimed under this subdivision shall not be allowed as a deduction under G.S. 105-147(11)."

Sec. 3. Chapter 168 of the General Statutes is amended by adding a new section directly after G.S. 168-4 to read:

"§ 168-4.1. May be accompanied by hearing-ear dog. - Every hearing impaired person as defined in G.S. 8B-1(2) has the right to be accompanied by a hearing-ear dog, especially trained for the purpose and designated as such by the North Carolina Council for the Hearing Impaired, in any of the places listed in G.S. 168-3. Any hearing impaired person using a hearing-ear dog in any of these places is liable for any damage the dog does to the premises or facilities. The hearing impaired person qualifies for this right upon the showing of a card issued by the North Carolina Council for the Hearing Impaired designating the holder as the user of a trained hearing-ear dog."

Sec. 4. Chapter 168 of the General Statutes is further amended by adding a new section directly after G.S. 168-7 to read:

"§ 168-7.1. Hearing-ear dogs. - Every hearing impaired person as defined in G.S. 8B-1(2) who has a hearing-ear dog especially trained for the purpose and designated as such by the North Carolina Council for the Hearing Impaired, or who obtains such a hearing-ear dog, may keep the dog on premises the person leases, rents or uses. He is not required to pay extra compensation for the dog but is liable for any damages done by the dog to the premises. No person, firm or corporation shall refuse to sell, rent, lease or otherwise disallow a hearing impaired person to use any premises for the reason that the person has or will obtain a hearing-ear dog. The hearing impaired person qualifies for this right upon the showing of a card issued by the North Carolina Council for the Hearing Impaired designating the holder as the user of a trained hearing-ear dog."

Sec. 5. Section 2 of this act is effective for taxable years beginning on or after January 1, 1982. The remaining sections of this act are effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of June, 1982.