Bill Text: NY A01972 | 2017-2018 | 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 6-0)

Status: (Introduced - Dead) 2018-05-14 - held for consideration in governmental operations [A01972 Detail]

Download: New_York-2017-A01972-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1972
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2017
                                       ___________
        Introduced  by  M.  of A. CROUCH, BARCLAY, HAWLEY, KOLB, McKEVITT, OAKS,
          RAIA -- read once and referred to the Committee on Governmental  Oper-
          ations
        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 1, 4 and 7 as amended by chapter
     3  141 of the laws of 2015 and subdivision 3 as amended by chapter  536  of
     4  the laws of 2014, is amended to read as follows:
     5    §  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[,  provided
     9  that  in  instances  of  employment pursuant to section forty-seven-a of
    10  this article, such dog has been trained by a  qualified  person].  Blind
    11  persons  shall, further, have the right to carry a cane in their immedi-
    12  ate custody while exercising any of the rights and privileges set  forth
    13  in this section.
    14    2.  No  person  or  legal  entity, public or private, shall attempt to
    15  impose or maintain any direct or  indirect  additional  charge  for  the
    16  admittance  of  a  guide  dog, hearing dog or service dog accompanying a
    17  person with a disability, nor shall any conditions or  restrictions  not
    18  specifically set forth in this article be imposed on the person's rights
    19  as set forth herein.
    20    3.  A  person  engaged  in  training  a  dog to guide or otherwise aid
    21  persons with a disability, [while engaged in such  training  activities]
    22  including  walking the dog when it is still a puppy, and a person with a
    23  disability for whom the dog is being trained, shall have the same rights
    24  and privileges as set forth in this section for persons with a disabili-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04721-01-7
        A. 1972                             2
     1  ty [in this article], provided that such trainer is engaged in  training
     2  activities    with  the dog; and provided, further, that the dog must be
     3  held on a leash, must be identified by wearing a jacket,  vest,  collar,
     4  or other item with the official logo of the school or foundation that is
     5  training  the  dog,  and  the  person  accompanying  the dog must have a
     6  certificate from the school or foundation proving that such dog is being
     7  trained as a guide dog, hearing dog, or service dog, in order  for  such
     8  person and dog to be able to enter a public facility.
     9    4.  For  purposes  of  this section, the term "training" shall include
    10  raising and socializing the  prospective  guide  dog,  hearing  dog,  or
    11  service dog, which occurs prior to the dog's formalized guide dog train-
    12  ing or walking the dog during its first year while such dog is a puppy.
    13    5.  The  term  "guide  dog", or "hearing dog" shall mean a dog that is
    14  under the control[, consistent with federal regulations implementing the
    15  Americans with Disabilities Act, Title III, at 28 CFR 36.302(c),] of the
    16  person using or training it and has been or is being trained to guide or
    17  otherwise to aid a person with a disability.
    18    [5.] 6. For the purposes of this article the term  "disability"  shall
    19  have  the  same  meaning  as  provided  for in subdivision twenty-one of
    20  section two hundred ninety-two of the executive law.
    21    [6.] 7. Any law, rule, or regulation conflicting with any provision of
    22  this article is, to the extent of  said  conflict  only,  deemed  to  be
    23  superseded by the provisions of this article.
    24    [7.]  8.  "Service  dog"  means any dog under the control[, consistent
    25  with federal regulations implementing the  Americans  with  Disabilities
    26  Act,  Title  III,  at 28 CFR 36.302(c),] of the person using or training
    27  it, and that has been or is being individually trained  to  do  work  or
    28  perform tasks for the benefit of a person with a disability.
    29    § 2. This act shall take effect immediately.