Virginia SB 798: Individuals with disabilities; terminology.

Bill Text

VIRGINIAACTSOFASSEMBLY--2023SESSION
CHAPTER149
An Act to amend and reenact §§ 2.2-1159, 3.2-6588, 10.1-200.3, 15.2-1805, 15.2-2025, 15.2-2306,
15.2-5201, 15.2-5301, 15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3,
22.1-270, 22.1-290.02, 23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1,
36-98.1, 36-99, 38.2-3323, 38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2-1090,
46.2-1503.2, 51.1-124.27, 51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1,
58.1-3503, 58.1-3506, 58.1-3506.1, 58.1-3506.6, 58.1-3833, 58.1-3840, 58.1-4024, 63.2-100,
63.2-319, 63.2-1301, 63.2-1302, and 64.2-745 of the Code of Virginia, relating to individuals with
disabilities; terminology.
[S798]
ApprovedMarch22,2023
Be it enacted by the General Assembly of Virginia:
1. That §§ 2.2-1159, 3.2-6588, 10.1-200.3, 15.2-1805, 15.2-2025, 15.2-2306, 15.2-5201, 15.2-5301,
15.2-5369, 15.2-6314.1, 20-163, 22.1-101.1, 22.1-183, 22.1-213, 22.1-214.3, 22.1-270, 22.1-290.02,
23.1-1000, 23.1-2400, 25.1-400, 29.1-314, 32.1-78, 33.2-613, 36-96.1:1, 36-98.1, 36-99, 38.2-3323,
38.2-3409, 46.2-100, 46.2-221, 46.2-844, 46.2-859, 46.2-917, 46.2-1090, 46.2-1503.2, 51.1-124.27,
51.5-40.1, 54.1-2968, 58.1-609.10, 58.1-2401, 58.1-3210, 58.1-3213.1, 58.1-3503, 58.1-3506,
58.1-3506.1, 58.1-3506.6, 58.1-3833, 58.1-3840, 58.1-4024, 63.2-100, 63.2-319, 63.2-1301, 63.2-1302,
and 64.2-745 of the Code of Virginia are amended and reenacted as follows:
§ 2.2-1159. Facilities for persons with physical disabilities in certain buildings; definitions;
construction standards; waiver; temporary buildings.
A. For the purposes of this section and §2.2-1160:
"Building" means any building or facility, used by the public, which is constructed in whole or in
part or altered by the use of state, county or municipal funds, or the funds of any political subdivision
of this the Commonwealth. "Building" shall not include public school buildings and facilities, which
shall be governed by standards established by the Board of Education pursuant to §22.1-138.
"Persons with physical disabilities" means persons with:
1. Impairments that, regardless of cause or manifestation, for all practical purposes, confine
individuals to wheelchairs;
2. Impairments that cause individuals to walk with difficulty or insecurity;
3. Total blindness or impairments affecting sight to the extent that the individual functioning in
public areas is insecure or exposed to dangers;
4. Deafness or hearing handicaps loss that might make an individual insecure in public areas because
he is unable to communicate or hear warning signals;
5. Faulty coordination or palsy from brain, spinal, or peripheral nerve injury; or
6. Those manifestations of the aging processes that significantly reduce mobility, flexibility,
coordination and perceptiveness but are not accounted for in the aforementioned categories.
B. The Division shall prescribe standards for the design, construction, and alteration of buildings
constructed in whole or in part or altered by the use of state funds, other than school funds, necessary to
ensure that persons with physical disabilities will have ready access to, and use of, such buildings.
C. The governing body of a county, city or town or other political subdivision shall prescribe
standards for the design, construction and alteration of buildings, not including public school facilities,
constructed in whole or in part or altered by the use of the funds of such locality or political subdivision
necessary to ensure that persons with physical disabilities will have ready access to, and use of, such
buildings. The Division shall consult with the governing bodies upon request.
D. The Division, with respect to standards issued by it, and the governing body of any county, city
or town or other political subdivision with respect to standards issued by it may:
1. Modify or waive any such standard, on a case-by-case basis, upon application made by the head
of the department, agency or other instrumentality concerned, upon determining that a modification or
waiver is clearly necessary; and
2. Conduct necessary surveys and investigations to ensure compliance with such standards.
E. The provisions of this section and § 2.2-1160 shall apply to temporary and emergency
construction as well as permanent buildings.
§3.2-6588. Intentional interference with a guide or leader dog; penalty.
A. It is unlawful for a person to, without just cause, willfully impede or interfere with the duties
performed by a dog if the person knows or has reason to believe the dog is a guide or leader dog. A
violation of this subsection is a Class 3 misdemeanor.
B. It is unlawful for a person to, without just cause, willfully injure a dog if the person knows or has

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reason to believe the dog is a guide or leader dog. A violation of this subsection is a Class 1
misdemeanor.
"Guide or leader dog" means a dog that: (i) serves as a dog guide for a blind person as def