Bill S4317-2013

Relates to service animals, guide dogs, hearing dogs and service dogs; repealer

Relates to service animals, guide dogs, hearing dogs and service dogs.

Details

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  • Law:

Actions

  • Jun 18, 2014: SUBSTITUTED BY A5788
  • May 19, 2014: ADVANCED TO THIRD READING
  • May 14, 2014: 2ND REPORT CAL.
  • May 13, 2014: 1ST REPORT CAL.674
  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • Jun 21, 2013: COMMITTED TO RULES
  • Jun 21, 2013: RESTORED TO THIRD READING
  • Jun 21, 2013: SUBSTITUTION RECONSIDERED
  • Jun 4, 2013: SUBSTITUTED BY A5788
  • Apr 22, 2013: ADVANCED TO THIRD READING
  • Apr 17, 2013: 2ND REPORT CAL.
  • Apr 16, 2013: 1ST REPORT CAL.315
  • Mar 21, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Meetings

Calendars

Votes

VOTE: COMMITTEE VOTE: - Investigations and Government Operations - Apr 16, 2013
Ayes (9): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Diaz, Squadron
VOTE: COMMITTEE VOTE: - Investigations and Government Operations - May 13, 2014
Ayes (9): Marcellino, Carlucci, Golden, Nozzolio, O'Mara, Zeldin, Hoylman, Diaz, Squadron

Memo

BILL NUMBER:S4317

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 arid service animals.

SUMMARY OF PROVISIONS:

This bill would amend the Human Rights Law to define the term "service animal" which would include, but would not be limited to, any guide, hearing, or service dog. Those term would have the same definition as they are defined in the Civil Rights Law.

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, hearing, or service, 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:

2011-12: S.5495-B Rules/A.6816-B Passed Assembly

FISCAL IMPLICATIONS:

None noted.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 4317 2013-2014 Regular Sessions IN SENATE March 21, 2013 ___________
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: 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. 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 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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