Bill Text: NY A03146 | 2015-2016 | General Assembly | Introduced

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Bill Title: Clarifies that guide dogs, hearing dogs, and service dogs are allowed in public places during their training and socialization process; provides that such dog must wear an identifying item stating that it is in training, and that the trainer must have paperwork available for inspection that such dog is being trained or socialized.

Spectrum: Partisan Bill (Republican 10-0)

Status: (Introduced - Dead) 2016-05-10 - held for consideration in governmental operations [A03146 Detail]

Download: New_York-2015-A03146-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3146
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by M. of A. CROUCH, BARCLAY, DUPREY, HAWLEY, KOLB, McKEVITT,
         OAKS, RAIA -- read once and referred to the Committee on  Governmental
         Operations
       AN  ACT  to  amend the civil rights law, in relation to the training and
         socialization of guide dogs
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 47-b of the civil rights law, as amended by chapter
    2  404 of the laws of 1986, subdivisions 3 and 4 as amended and subdivision
    3  7  as  added  by  chapter 536 of the laws of 2014, is amended to read as
    4  follows:
    5    S 47-b. Miscellaneous provisions. 1. Persons with a disability  accom-
    6  panied  by  guide dogs, hearing dogs or service dogs shall be guaranteed
    7  the right to have such dogs in their immediate custody while  exercising
    8  any  of  the  rights  and  privileges  set  forth in this article. Blind
    9  persons shall, further, have the right to carry a cane in their  immedi-
   10  ate  custody while exercising any of the rights and privileges set forth
   11  in this section.
   12    2. No person or legal entity, public  or  private,  shall  attempt  to
   13  impose  or  maintain  any  direct  or indirect additional charge for the
   14  admittance of a guide dog, hearing dog or  service  dog  accompanying  a
   15  person  with  a disability, nor shall any conditions or restrictions not
   16  specifically set forth in this article be imposed on the person's rights
   17  as set forth herein.
   18    3. A person engaged in training  a  dog  to  guide  or  otherwise  aid
   19  persons  with  a disability, [while engaged in such training activities]
   20  INCLUDING WALKING THE DOG WHEN IT IS STILL A PUPPY, and a person with  a
   21  disability for whom the dog is being trained, shall have the same rights
   22  and privileges AS set forth IN THIS SECTION for persons with a disabili-
   23  ty  [in this article], PROVIDED THAT SUCH TRAINER IS ENGAGED IN TRAINING
   24  ACTIVITIES WITH THE DOG; AND PROVIDED, FURTHER, THAT  THE  DOG  MUST  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05167-01-5
       A. 3146                             2
    1  HELD  ON  A LEASH, MUST BE IDENTIFIED BY WEARING A JACKET, VEST, COLLAR,
    2  OR OTHER ITEM WITH THE OFFICIAL LOGO OF THE SCHOOL OR FOUNDATION THAT IS
    3  TRAINING THE DOG, AND THE  PERSON  ACCOMPANYING  THE  DOG  MUST  HAVE  A
    4  CERTIFICATE FROM THE SCHOOL OR FOUNDATION PROVING THAT SUCH DOG IS BEING
    5  TRAINED  AS  A GUIDE DOG, HEARING DOG, OR SERVICE DOG, IN ORDER FOR SUCH
    6  PERSON AND DOG TO BE ABLE TO ENTER A PUBLIC FACILITY.
    7    4.  FOR PURPOSES OF THIS SECTION, THE TERM  "TRAINING"  SHALL  INCLUDE
    8  RAISING  AND  SOCIALIZING  THE  PROSPECTIVE  GUIDE  DOG, HEARING DOG, OR
    9  SERVICE DOG, WHICH OCCURS PRIOR TO THE DOG'S FORMALIZED GUIDE DOG TRAIN-
   10  ING OR WALKING THE DOG DURING ITS FIRST YEAR WHILE SUCH DOG IS A PUPPY.
   11    5. The term "guide dog", or "hearing dog" shall mean  a  dog  that  is
   12  under  the control of the person using or training it and has been or is
   13  being trained to guide or otherwise to aid a person with a disability.
   14    [5.] 6. For the purposes of this article the term  "disability"  shall
   15  have  the  same  meaning  as  provided  for in subdivision twenty-one of
   16  section two hundred ninety-two of the executive law.
   17    [6.] 7. Any law, rule, or regulation conflicting with any provision of
   18  this article is, to the extent of  said  conflict  only,  deemed  to  be
   19  superseded by the provisions of this article.
   20    [7.]  8.  "Service  dog" means any dog under the control of the person
   21  using or training it and that has been or is being individually  trained
   22  to do work or perform tasks for the benefit of a person with a disabili-
   23  ty.
   24    S 2. This act shall take effect immediately.