Bill Text: NY S05495 | 2011-2012 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to service animals, guide dogs, hearing dogs and service dogs.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-06-18 - PRINT NUMBER 5495B [S05495 Detail]

Download: New_York-2011-S05495-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5495--A
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                     May 25, 2011
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee  on  Investigations  and
         Government  Operations  --  recommitted  to  the Committee on Investi-
         gations 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, the civil rights law, the agriculture
         and markets law, the transportation law and the public housing law, in
         relation to service animals, guide dogs, hearing dogs or service dogs;
         and to repeal certain provisions of the executive law relating thereto
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  33  of  section  292 of the executive law is
    2  REPEALED and subdivision 31, as added by chapter  133  of  the  laws  of
    3  2007, is amended to read as follows:
    4    31.  The  term  "guide  dog"  [means  any dog that is trained to aid a
    5  person who is blind by a recognized guide dog training center or profes-
    6  sional guide dog trainer, and is actually used for such purpose], "HEAR-
    7  ING DOG" OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE
    8  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
    9    S 2. Subdivision 14 of section 296 of the executive law, as amended by
   10  chapter 133 of the laws of 2007, is amended to read as follows:
   11    14. It shall be an unlawful discriminatory  practice  for  any  person
   12  engaged  in any activity covered by this section to discriminate against
   13  a blind person, a hearing impaired person or a person with  [a]  ANOTHER
   14  disability on the basis of his or her use of a guide dog, hearing dog or
   15  service dog.
   16    S  3. Subdivisions 3 and 4 of section 47-b of the civil rights law, as
   17  amended by chapter 404 of the laws of 1986, are amended and a new subdi-
   18  vision 7 is added to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10337-06-2
       S. 5495--A                          2
    1    3. [Persons qualified to train dogs] A PERSON ENGAGED  IN  TRAINING  A
    2  DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
    3  engaged  in such training activities, AND A PERSON WITH A DISABILITY FOR
    4  WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
    5  set forth for persons with a disability in this article.
    6    4.  The  term  "guide  dog", OR "hearing dog" [or "service dog"] shall
    7  mean a dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE
    8  PERSON USING OR TRAINING IT and has been or is being trained [by a qual-
    9  ified person,] to [aid and] guide OR OTHERWISE TO AID a  person  with  a
   10  disability.
   11    7.  "SERVICE  DOG" MEANS ANY DOG UNDER THE CONTROL OF THE PERSON USING
   12  OR TRAINING IT AND THAT HAS BEEN OR IS BEING INDIVIDUALLY TRAINED TO  DO
   13  WORK OR PERFORM TASKS FOR THE BENEFIT OF A PERSON WITH A DISABILITY.
   14    S  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
   15  and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
   16  laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
   17  2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
   18  amended to read as follows:
   19    9. "Guide dog" means any dog that is trained to aid a  person  who  is
   20  blind  and  is  actually  used  for such purpose, or any dog [owned by a
   21  recognized guide dog training center located within  the  state]  during
   22  the period such dog is being trained or bred for such purpose.
   23    21. "Hearing dog" means any dog that is trained to aid a person with a
   24  hearing  impairment  and  is  actually used for such purpose, or any dog
   25  [owned by a recognized training center located within the state]  during
   26  the period such dog is being trained or bred for such purpose.
   27    22. "Service dog" means any dog that has been or is being individually
   28  trained  to  do work or perform tasks for the benefit of a person with a
   29  disability[, provided that the dog is or will be owned by such person or
   30  that person's parent, guardian or other legal representative].
   31    26. "Therapy dog" means any dog that is trained to aid  the  emotional
   32  and  physical health of patients in hospitals, nursing homes, retirement
   33  homes and other settings and is actually used for such purpose,  or  any
   34  dog  [owned  by  a  recognized training center located within the state]
   35  during the period such dog is being trained or bred for such purpose.
   36    S 5. Section 147 of the transportation law, as amended by chapter  404
   37  of the laws of 1986, is amended to read as follows:
   38    S 147. Dogs  accompanying  persons  with a disability. Subject to such
   39  rules and regulations as the commissioner may prescribe, all common  and
   40  contract  carriers  of  passengers by motor vehicle shall permit a guide
   41  dog, hearing dog or service dog  [properly  harnessed,]  AS  DEFINED  IN
   42  SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW accompanying a person with
   43  a  disability,  as  defined  in  subdivision  twenty-one  of section two
   44  hundred ninety-two of the executive law, to [aid and  guide]  ACCOMPANY,
   45  TO GUIDE, OR OTHERWISE TO AID such person, to ride on all vehicles oper-
   46  ated  for transportation and no charge shall be made for the transporta-
   47  tion of such dog.
   48    S 6. Section 223-b of the public housing law, as added by chapter  689
   49  of the laws of 1980, is amended to read as follows:
   50    S  223-b.  Discrimination  against  A  PERSON WITH A hearing [impaired
   51  persons] IMPAIRMENT who [have] HAS A hearing [dogs] DOG.    No  [hearing
   52  impaired]  person  who  has a hearing impairment [manifested by a speech
   53  discrimination score of forty percent or less in  the  better  ear  with
   54  appropriate correction as certified by a licensed audiologist or otorhi-
   55  nolaryngologist  as  defined  in section seven hundred eighty-one of the
   56  general business law, or a physician who has examined such person pursu-
       S. 5495--A                          3
    1  ant to the provisions of section seven hundred eighty-four of such law,]
    2  shall be denied occupancy in a dwelling in any project or  be  subjected
    3  to  eviction  from any such dwelling on the sole ground that such person
    4  owns  a  hearing  dog  AS  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL
    5  RIGHTS LAW, provided, however, that if after occupancy a  health  hazard
    6  results  on account of such dog, the public health officer having juris-
    7  diction may take such corrective measures as may be appropriate.
    8    S 7. This act shall take effect immediately.