S5495B-2011 Actions

• Jun 18, 2012: PRINT NUMBER 5495B
• Jun 18, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jun 15, 2012: PRINT NUMBER 5495A
• Jun 15, 2012: AMEND AND RECOMMIT TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jan 4, 2012: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
• Jun 24, 2011: COMMITTED TO RULES
• Jun 14, 2011: ADVANCED TO THIRD READING
• Jun 13, 2011: 2ND REPORT CAL.
• Jun 7, 2011: 1ST REPORT CAL.1122
• May 25, 2011: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

S5495B-2011 Votes

S5495B-2011 Memo

BILL NUMBER:S5495B

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to update and provide clarity to
state laws regarding people with disabilities and service animals.

SUMMARY OF PROVISIONS:

This bill would amend the Human Rights Law to define the term "hearing
dog" or "service dog" shall have the same meaning as those terms are
defined in section forty-seven-b of the civil rights law.

"Service dog" means any dog under the control of the person using or
training it and that has been or is being individually trained to do
work or perform tasks for the benefit of a person with a disability.

The bill would also clarify that a person engaged in training a dog to
aid a person with a disability has the same rights and privileges as
outlined in the Civil Rights Law as possessed by a person with a
disability.

Furthermore, the requirements that guide dogs, hearing dogs, service
dogs, and therapy dogs be owned and/or trained by a qualified person
or dog training center would be removed and the requirement that such
dogs be "properly harnessed" would be amended so that they would only
have to be "under the control of" a person with a disability.

Finally, the requirement that a tenant who has a hearing dog must
provide documentation of his or her impairment would be removed.

JUSTIFICATION:
It is important to update and clarify
New York State
laws regarding service animals in order to reduce discrimination and
allow those with disabilities to better function in a least
restrictive environment. In addition, this bill brings New York State
into compliance with federal laws on this topic.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately

S5495B-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 5495--B
 2011-2012 Regular Sessions
 I N  SENATE
 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  --  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:

 

Section  1. Subdivisions 32 and 33 of section 292 of the executive law
 are REPEALED and subdivision 31, as added by chapter 133 of the laws  of
 2007, is amended to read as follows:

 31.  The  term  "guide  dog"  [means  any dog that is trained to aid a
 person who is blind by a recognized guide dog training center or profes-
 sional guide dog trainer, and is actually used for such purpose], "HEAR
 ING DOG" OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE
 DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
 

S 2. Subdivision 14 of section 296 of the executive law, as amended by
 chapter 133 of the laws of 2007, is amended to read as follows:

 14. It shall be an unlawful discriminatory  practice  for  any  person
 engaged  in any activity covered by this section to discriminate against
 a blind person, a hearing impaired person or a person with  [a]  ANOTHER
 disability on the basis of his or her use of a guide dog, hearing dog or
 service dog.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10337-07-2
 
       S. 5495--B                          2
 

S  3. Subdivisions 3 and 4 of section 47-b of the civil rights law, as
 amended by chapter 404 of the laws of 1986, are amended and a new subdi
 vision 7 is added to read as follows:

 3.  [Persons  qualified  to train dogs] A PERSON ENGAGED IN TRAINING A
 DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
 engaged in such training activities, AND A PERSON WITH A DISABILITY  FOR
 WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
 set forth for persons with a disability in this article.
 4.  The  term  "guide  dog", OR "hearing dog" [or "service dog"] shall
 mean a dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE
 PERSON USING OR TRAINING IT and has been or is being trained [by a qual-
 ified person,] to [aid and] guide OR OTHERWISE TO AID a  person  with  a
 disability.
 7.  "SERVICE  DOG" MEANS ANY DOG UNDER THE CONTROL OF THE PERSON USING
 OR TRAINING IT AND THAT HAS BEEN OR IS BEING INDIVIDUALLY TRAINED TO  DO
 WORK OR PERFORM TASKS FOR THE BENEFIT OF A PERSON WITH A DISABILITY.
 

S  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
 and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
 laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
 2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
 amended to read as follows:

 9. "Guide dog" means any dog that is trained to aid a  person  who  is
 blind  and  is  actually  used  for such purpose, or any dog [owned by a
 recognized guide dog training center located within  the  state]  during
 the period such dog is being trained or bred for such purpose.
 21. "Hearing dog" means any dog that is trained to aid a person with a
 hearing  impairment  and  is  actually used for such purpose, or any dog
 [owned by a recognized training center located within the state]  during
 the period such dog is being trained or bred for such purpose.
 22. "Service dog" means any dog that has been or is being individually
 trained  to  do work or perform tasks for the benefit of a person with a
 disability[, provided that the dog is or will be owned by such person or
 that person's parent, guardian or other legal representative].
 26. "Therapy dog" means any dog that is trained to aid  the  emotional
 and  physical health of patients in hospitals, nursing homes, retirement
 homes and other settings and is actually used for such purpose,  or  any
 dog  [owned  by  a  recognized training center located within the state]
 during the period such dog is being trained or bred for such purpose.
 

S 5.

Section 147 of the transportation law, as amended by chapter  404
 of the laws of 1986, is amended to read as follows:

 

S 147. Dogs  accompanying  persons  with a disability. Subject to such
 rules and regulations as the commissioner may prescribe, all common  and
 contract  carriers  of  passengers by motor vehicle shall permit a guide
 dog, hearing dog or service dog  [properly  harnessed,]  AS  DEFINED  IN
 SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW accompanying a person with
 a  disability,  as  defined  in  subdivision  twenty-one  of section two
 hundred ninety-two of the executive law, to [aid and  guide]  ACCOMPANY,
 TO GUIDE, OR OTHERWISE TO AID such person, to ride on all vehicles oper
 ated  for transportation and no charge shall be made for the transporta
 tion of such dog.
 

S 6.

Section 223-b of the public housing law, as added by chapter  689
 of the laws of 1980, is amended to read as follows:

 

S  223-b.  Discrimination  against  A  PERSON WITH A hearing [impaired
 persons] IMPAIRMENT who [have] HAS A hearing [dogs] DOG.    No  [hearing
 impaired]  person  who  has a hearing impairment [manifested by a speech
 discrimination score of forty percent or less in  the  better  ear  with
 
       S. 5495--B                          3
 appropriate correction as certified by a licensed audiologist or otorhi-
 nolaryngologist  as  defined  in section seven hundred eighty-one of the
 general business law, or a physician who has examined such person pursu-
 ant to the provisions of section seven hundred eighty-four of such law,]
 shall  be  denied occupancy in a dwelling in any project or be subjected
 to eviction from any such dwelling on the sole ground that  such  person
 owns  a  hearing  dog  AS  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL
 RIGHTS LAW, provided, however, that if after occupancy a  health  hazard
 results  on account of such dog, the public health officer having juris
 diction may take such corrective measures as may be appropriate.
 

S 7. This act shall take effect immediately.

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