S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1612

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Investigations and Govern-
  ment Operations

AN ACT to amend the civil rights law,  in  relation  to  the  rights  of
  persons with disabilities in public places and places of public accom-
  modation

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 47 of  the  civil  rights  law  is
renumbered  subdivision 7 and five new subdivisions 2, 3, 4, 5 and 6 are
added to read as follows:
  2. A PERSON WITH A DISABILITY HAS THE SAME RIGHTS AS OTHER PERSONS  TO
THE  FULL  AND  FREE  USE OF THE STREETS, HIGHWAYS, SIDEWALKS, WALKWAYS,
PUBLIC BUILDINGS, PUBLIC FACILITIES, AND OTHER PUBLIC PLACES.
  3. A PERSON WITH A DISABILITY IS ENTITLED TO FULL AND  EQUAL  ACCOMMO-
DATIONS,  ADVANTAGES, FACILITIES, AND PRIVILEGES OF ALL COMMON CARRIERS,
AIRPLANES, MOTOR VEHICLES, RAILROAD  TRAINS,  MOTOR  BUSES,  STREETCARS,
SUBWAYS,  BOATS  OR ANY OTHER PUBLIC CONVEYANCES OR MODES OF TRANSPORTA-
TION, RESTAURANTS, HOTELS, LODGING PLACES,  PLACES  OF  PUBLIC  ACCOMMO-
DATION,  AMUSEMENT  OR  RESORT,  PUBLIC  ENTITIES INCLUDING SCHOOLS, AND
OTHER PLACES TO WHICH THE GENERAL PUBLIC IS INVITED SUBJECT ONLY TO  THE
CONDITIONS  AND  LIMITATIONS  ESTABLISHED BY LAW AND APPLICABLE ALIKE TO
ALL PERSONS.
  4. EACH TOWN, CITY OR COUNTY, INDIVIDUALLY OR  THROUGH  TRANSPORTATION
DISTRICT  COMMISSIONS,  SHALL ENSURE THAT PERSONS WITH DISABILITIES HAVE
ACCESS TO THE PUBLIC TRANSPORTATION WITHIN ITS  JURISDICTION  BY  EITHER
(I)  USE  OF THE SAME TRANSPORTATION FACILITIES OR CARRIERS AVAILABLE TO
THE GENERAL PUBLIC OR (II) PROVISION OF PARATRANSIT OR SPECIAL TRANSPOR-
TATION SERVICES FOR PERSONS WITH DISABILITIES OR (III) BOTH. ALL PERSONS
WITH DISABILITIES IN THE JURISDICTION'S SERVICE AREA WHO, BY  REASON  OF
THEIR DISABILITIES, ARE UNABLE TO USE THE SERVICE FOR THE GENERAL PUBLIC

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06361-01-5
              

S. 1612                             2

SHALL  BE  ELIGIBLE  TO  USE  SUCH PARATRANSIT OR SPECIAL TRANSPORTATION
SERVICE. NO FEE THAT EXCEEDS THE FEE CHARGED TO THE GENERAL PUBLIC SHALL
BE CHARGED A PERSON WITH A DISABILITY FOR THE USE OF THE SAME  TRANSPOR-
TATION FACILITIES OR CARRIERS AVAILABLE TO THE GENERAL PUBLIC. PARATRAN-
SIT  OR SPECIAL TRANSPORTATION SERVICE FOR PERSONS WITH DISABILITIES MAY
CHARGE FEES TO SUCH PERSONS COMPARABLE TO THE FEES CHARGED TO THE GENER-
AL PUBLIC FOR SIMILAR SERVICE IN THE JURISDICTION SERVICE  AREA,  TAKING
INTO  ACCOUNT ESPECIALLY THE TYPE, LENGTH AND TIME OF TRIP. ANY VARIANCE
BETWEEN SPECIAL SERVICE AND REGULAR SERVICE FARES SHALL  BE  JUSTIFIABLE
IN  TERMS  OF  ACTUAL  DIFFERENCES  BETWEEN  THE  TWO  KINDS  OF SERVICE
PROVIDED.
  5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  RETROFITTING
OF  ANY  PUBLIC  TRANSIT EQUIPMENT OR TO REQUIRE THE RETROFITTING, RENO-
VATION, OR ALTERATION OF BUILDINGS OR PLACES TO A DEGREE MORE  STRINGENT
THAN THAT REQUIRED BY THE APPLICABLE BUILDING CODE IN EFFECT AT THE TIME
THE BUILDING PERMIT FOR SUCH BUILDING OR PLACE IS ISSUED.
  6.  EVERY TOTALLY OR PARTIALLY BLIND PERSON SHALL HAVE THE RIGHT TO BE
ACCOMPANIED BY A DOG, IN HARNESS, TRAINED AS A GUIDE DOG, EVERY DEAF  OR
HEARING-IMPAIRED  PERSON SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY A DOG
TRAINED AS A HEARING DOG ON A BLAZE ORANGE LEASH, AND EVERY MOBILITY-IM-
PAIRED PERSON OR PERSON DIAGNOSED AS BEING ON  THE  AUTISM  SPECTRUM  OR
OTHERWISE  DISABLED  PERSON  SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY A
DOG, TRAINED AS A SERVICE DOG, IN A HARNESS, BACKPACK, OR VEST IDENTIFY-
ING THE DOG AS A TRAINED SERVICE DOG, IN ANY OF  THE  PLACES  LISTED  IN
SUBDIVISION THREE OF THIS SECTION WITHOUT BEING REQUIRED TO PAY AN EXTRA
CHARGE FOR THE DOG, PROVIDED THAT HE SHALL BE LIABLE FOR ANY DAMAGE DONE
TO  THE  PREMISES  OR  FACILITIES  BY  SUCH  DOG. THE PROVISIONS OF THIS
SECTION SHALL APPLY TO PERSONS ACCOMPANIED BY A DOG THAT IS IN TRAINING,
AT LEAST SIX MONTHS OF AGE, AND IS (I) IN HARNESS, PROVIDED SUCH  PERSON
IS  AN  EXPERIENCED  TRAINER  OF  GUIDE DOGS OR IS CONDUCTING CONTINUING
TRAINING OF A GUIDE DOG; (II) ON A BLAZE  ORANGE  LEASH,  PROVIDED  SUCH
PERSON  IS  AN  EXPERIENCED  TRAINER  OF  HEARING  DOGS OR IS CONDUCTING
CONTINUING TRAINING OF A HEARING DOG; (III) IN A HARNESS,  BACKPACK,  OR
VEST  IDENTIFYING THE DOG AS A TRAINED SERVICE DOG, PROVIDED SUCH PERSON
IS AN EXPERIENCED TRAINER OF SERVICE DOGS OR  IS  CONDUCTING  CONTINUING
TRAINING  OF A SERVICE DOG; (IV) WEARING A JACKET IDENTIFYING THE RECOG-
NIZED GUIDE, HEARING OR SERVICE DOG ORGANIZATION, PROVIDED  SUCH  PERSON
IS  AN EXPERIENCED TRAINER OF THE ORGANIZATION IDENTIFIED ON THE JACKET;
OR (V) THE PERSON IS PART OF  A  THREE-UNIT  SERVICE  DOG  TEAM  AND  IS
CONDUCTING CONTINUING TRAINING OF A SERVICE DOG.
  S 2. This act shall take effect immediately.