North Carolina § 168-4 - 2. May be accompanied by service animal.

§ 168-4. 2. May be accompanied by service animal.

Every person with a disability has the right to be accompanied by a service animal trained to assist the person with his or her specific disability in any of the places listed in G.S. 168-3, and has the right to keep the service animal on any premises the person leases, rents, or uses. The person qualifies for these rights upon the showing of a tag, issued by the Department of Health and Human Services, under G.S. 168-4.3, stamped "NORTH CAROLINA SERVICE ANIMAL PERMANENT REGISTRATION" and stamped with a registration number, or upon a showing that the animal is being trained or has been trained as a service animal. The service animal may accompany a person in any of the places listed in G.S. 168-3. An animal in training to become a service animal may be taken into any of the places listed in G.S. 168-3 for the purpose of training when the animal is accompanied by a person who is training the service animal and the animal wears a collar and leash, harness, or cape that identifies the animal as a service animal in training. The trainer shall be liable for any damage caused by the animal while using a public conveyance or on the premises of a public facility or other place listed in G.S. 168-3. History (1985, c. 514, s. 1; 1987, c. 401, s. 1; 1995, c. 276, s. 1; 1997-443, s. 11A.118(a); 2004-203, s. 62(a); 2005-450, s. 1.) Effect of Amendments. - Session Laws 2004-203, s. 62(a), effective August 17, 2004, rewrote the section heading, which read: "May be accompanied by assistance dog"; in the first paragraph, deleted "or" preceding "visual disability," inserted "or person with a seizure disorder" preceding "has the right," substituted "service animal" for "assistance dog" wherever it appears, substituted "under" for "pursuant to," substituted "animal" for "dog," substituted "service animal may accompany that animal's trainer" for "trainer of the assistance dog may be accompanied by the dog," and made punctuation and stylistic changes throughout. Session Laws 2005-450, s. 1, effective September 1, 2005, designated the prior existing provisions as subsection (a) and rewrote that subsection; and added subsection (b). Legal Periodicals. - For comment, "The Dog Days in American Public Schools: Observations and Suggestions Regarding the Laws, Challenges and Amazing Benefits of Allowing Service Animals to Accompany Children with Special Needs to School," see 35 Campbell L. Rev. 149 (2012).