Bill Text: NY S05080 | 2017-2018 | General Assembly | Amended

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Bill Title: Relates to therapy dogs for persons with a disability.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed - Dead) 2018-06-18 - referred to governmental operations [S05080 Detail]

Download: New_York-2017-S05080-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         5080--B
                               2017-2018 Regular Sessions
                    IN SENATE
                                      March 7, 2017
                                       ___________
        Introduced  by Sens. KENNEDY, HOYLMAN, PERALTA -- read twice and ordered
          printed, and when printed to be committed to the Committee on Investi-
          gations  and  Government  Operations  --  committee  discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- recommitted to the Committee on Investigations  and  Government
          Operations  in  accordance  with  Senate  Rule  6, sec. 8 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the executive law and the agriculture and  markets  law,
          in relation to therapy dogs for persons with disabilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1.  Subdivision 14 of section 296 of  the  executive  law,  as
     2  amended  by  chapter  141  of  the  laws  of 2015, is amended to read as
     3  follows:
     4    14. In addition to reasonable modifications in policies, practices, or
     5  procedures, including those defined in subparagraph  (iv)  of  paragraph
     6  (d)  of subdivision two of this section or reasonable accommodations for
     7  persons with disabilities as otherwise provided in this section, includ-
     8  ing the use of an animal as a reasonable accommodation, it shall  be  an
     9  unlawful  discriminatory practice for any person engaged in any activity
    10  covered by this section to deny  access  or  otherwise  to  discriminate
    11  against  a  blind  person,  a  hearing  impaired person or a person with
    12  another disability because he or she is accompanied by a therapy dog, as
    13  defined in subdivision twenty-six of section one hundred  eight  of  the
    14  agriculture  and  markets  law,  a  dog that has been trained to work or
    15  perform specific tasks for the benefit of such person by a  professional
    16  guide  dog,  hearing  dog or service dog training center or professional
    17  guide dog, hearing dog  or  service  dog  trainer,  or  to  discriminate
    18  against such therapy dog, professional guide dog, hearing dog or service
    19  dog trainer engaged in such training of a dog for use by a person with a
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10456-04-8
        S. 5080--B                          2
     1  disability, whether or not accompanied by the person for whom the dog is
     2  being trained. This subdivision shall apply regardless of breed.
     3    § 2. Subdivision 26 of section 108 of the agriculture and markets law,
     4  as  amended  by  chapter  497 of the laws of 2017, is amended to read as
     5  follows:
     6    26. "Therapy dog" means any dog that is trained to aid  the  emotional
     7  and  physical health of patients in hospitals, nursing homes, retirement
     8  homes, personal residences, and other settings and is actually used  for
     9  such  purpose, or any dog during the period such dog is being trained or
    10  bred for such purpose, and does not qualify under federal or  state  law
    11  or regulations as a service dog.
    12    §  3.  Subdivision 1 of section 356 of the executive law is amended to
    13  read as follows:
    14    1. A state veterans' service agency established by the division pursu-
    15  ant to this article shall have power and it shall be its duty to  inform
    16  military  and  naval authorities of the United States and assist members
    17  of the armed forces and veterans, who are residents of this  state,  and
    18  their  families,  in  relation  to (1) matters pertaining to educational
    19  training and retraining services and facilities, (2) health, medical and
    20  rehabilitation services and facilities, (3) provisions of federal, state
    21  and local laws and regulations affording special rights  and  privileges
    22  to  members of the armed forces and war veterans and their families, (4)
    23  employment  and  re-employment  services,  [and]  (5)  housing  services
    24  including  but not limited to instances of discrimination, and (6) other
    25  matters of similar, related or appropriate nature. The  state  veterans'
    26  service  agency  also shall perform such other duties as may be assigned
    27  by the state director.
    28    § 4. This act shall take effect immediately.