Pre-filed December 1, 1995, and 1,000 copies ordered printed.

Read 2nd time January 4, 1996, and referred to the Committee on Labor and Industrial Relations.

Reported from the Committee February 5, 1996, with recommendation that the bill do pass and be placed on the Consent Calendar.

Taken up February 15, 1996. Read 3rd time and placed upon its final passage; bill passed.

TERRY L. SPIELER, Secretary.

S2245.01P

To repeal sections 209.150 and 304.080, RSMo 1994, relating to certain persons with disabilities, and to enact in lieu thereof three new sections relating to the same subject, with penalty provisions.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A. Sections 209.150 and 304.080, RSMo 1994, are repealed and three new sections enacted in lieu thereof, to be known as sections 209.150, 209.162 and 304.080, to read as follows:

209.150. 1. Every [blind or visually handicapped person deaf or partially deaf person and physically disabled] person with a visual, aural or physical disability, shall have the same rights afforded to a [fully sighted, hearing, or nondisabled] person with no such disability to the full and free use of the streets, highways, sidewalks, walkways, public buildings, public facilities, and other public places.

2. Every [blind or visually handicapped person, deaf or partially deaf person, or physically disabled] person with a visual, aural or physical disability is entitled to full and equal accommodations, advantages, facilities, and privileges of all common carriers, airplanes, motor vehicles, railroad trains, motor buses, taxis, streetcars, boats or any other public conveyances or modes of transportation, hotels, lodging places, 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.

3. Every [totally or partially blind or deaf person and every physically disabled] person with a visual, aural or physical disability shall have the right to be accompanied by a guide dog, hearing dog, or service dog, which is especially trained for the purpose, in any of the places listed in subsection 2 of this section without being required to pay an extra charge for the guide dog, hearing dog or service dog; provided that [he] such person shall be liable for any damage done to the premises or facilities by such dog.

4. As used in [this section and section] sections 209.150 to 209.190, the term service dog" means any dog specifically trained to assist a [physically disabled] person with a physical disability by performing necessary physical tasks which the person cannot perform [for himself]. Such tasks shall include, but not be limited to, pulling a wheelchair, retrieving items, and carrying supplies.

209.162. It is an unlawful employment practice for any employer to discriminate against any person with a visual, aural or physical disability by interfering, directly or indirectly, with the use of an aid or appliance, including a guide dog, hearing dog or service dog by such person. Any person aggrieved by a violation of this section may make a verified complaint to the Missouri commission on human rights pursuant to the provisions of section 213.075, RSMo.

304.080. The driver of a vehicle approaching a [blind or visually handicapped, deaf or partially deaf person or physically disabled] person with a visual, aural or physical disability who is carrying a cane predominantly white or metallic in color, with or without a red tip, or using a guide dog, hearing dog or service dog shall yield to such [blind] pedestrian, and any driver who fails to take such precautions shall be liable in damages for any injury caused such pedestrian and any injury caused to the pedestrian's guide dog, hearing dog or service dog; provided that such a [totally or partially blind] pedestrian not carrying such cane or using a guide dog, hearing dog or service dog in any of the places, accommodations or conveyances listed in section 209.150, RSMo, shall have all of the rights and privileges conferred by law upon other persons.