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

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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5495
                              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
       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    2  REPEALED and subdivisions 31 and 32, as added by chapter 133 of the laws
    3  of 2007, are 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]
    7  "SERVICE  ANIMAL"  MEANS  ANY ANIMAL, INCLUDING, BUT NOT LIMITED TO, ANY
    8  GUIDE, HEARING, OR SERVICE DOG, INDIVIDUALLY TRAINED TO DO  WORK  OR  TO
    9  PERFORM TASKS FOR THE BENEFIT OF AN INDIVIDUAL WITH A DISABILITY.
   10    32. The term "GUIDE DOG", "hearing dog" [means any dog that is trained
   11  to  aid  a  person with a hearing impairment by a recognized hearing dog
   12  training center or professional hearing dog  trainer,  and  is  actually
   13  used  for  such purpose] OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS
   14  THOSE TERMS ARE DEFINED IN SUBDIVISION FOUR OF SECTION FORTY-SEVEN-B  OF
   15  THE CIVIL RIGHTS LAW.
   16    S 2. Subdivision 14 of section 296 of the executive law, as amended by
   17  chapter 133 of the laws of 2007, is amended to read as follows:
   18    14.  It  shall  be  an unlawful discriminatory practice for any person
   19  engaged in any activity covered by this section to discriminate  against
   20  a  blind  person, a hearing impaired person or a person with [a] ANOTHER
   21  disability on the basis of his or her use of a guide dog, hearing dog or
   22  service dog.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10337-02-1
       S. 5495                             2
    1    S 3. Subdivisions 3 and 4 of section 47-b of the civil rights law,  as
    2  amended  by  chapter  404  of  the  laws of 1986, are amended to read as
    3  follows:
    4    3.  [Persons  qualified  to train dogs] A PERSON ENGAGED IN TRAINING A
    5  DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
    6  engaged in such training activities, AND A PERSON WITH A DISABILITY  FOR
    7  WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
    8  set forth for persons with a disability in this article.
    9    4.  The  term "guide dog", "hearing dog" or "service dog" shall mean a
   10  dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE PERSON
   11  USING OR TRAINING IT and has been or is being trained  [by  a  qualified
   12  person,] to [aid and] guide OR OTHERWISE TO AID a person with a disabil-
   13  ity.
   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, accompanying] UNDER
   42  THE CONTROL OF a person with a disability,  as  defined  in  subdivision
   43  twenty-one  of  section  two hundred ninety-two of the executive law, to
   44  [aid and guide] ACCOMPANY, TO GUIDE, OR OTHERWISE TO AID such person, to
   45  ride on all vehicles operated for transportation and no charge shall  be
   46  made for the transportation of such dog.
   47    S  6. Section 223-b of the public housing law, as added by chapter 689
   48  of the laws of 1980, is amended to read as follows:
   49    S 223-b. Discrimination against A  PERSON  WITH  A  hearing  [impaired
   50  persons]  IMPAIRMENT  who  [have] HAS A hearing [dogs] DOG.  No [hearing
   51  impaired] person who has a hearing impairment [manifested  by  a  speech
   52  discrimination  score  of  forty  percent or less in the better ear with
   53  appropriate correction as certified by a licensed audiologist or otorhi-
   54  nolaryngologist as defined in section seven hundred  eighty-one  of  the
   55  general business law, or a physician who has examined such person pursu-
   56  ant to the provisions of section seven hundred eighty-four of such law,]
       S. 5495                             3
    1  shall  be  denied occupancy in a dwelling in any project or be subjected
    2  to eviction from any such dwelling on the sole ground that  such  person
    3  owns  a hearing dog, provided, however, that if after occupancy a health
    4  hazard  results on account of such dog, the public health officer having
    5  jurisdiction may take such corrective measures as may be appropriate.
    6    S 7. This act shall take effect immediately.