Bill S5618-2013

Relates to the rights of persons with disabilities in public places and places of public accommodation

Relates to the rights of persons with disabilities in public places and places of public accommodation; provides that guide, hearing and service dogs are allowed to accompany a disabled person in all public places and places of public accommodation.

Details

Actions

  • Jan 8, 2014: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
  • May 29, 2013: REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS

Memo

BILL NUMBER:S5618

TITLE OF BILL: An act to amend the civil rights law, in relation to the rights of persons with disabilities in public places and places of public accommodation

PURPOSE OR GENERAL IDEA OF BILL: This bill would allow a person or child with a recognized disability to bring their certified service dog into all public entities, public places of accommodations, public transportation, and other places where the general public is invited.

SUMMARY OF SPECIFIC PROVISIONS: This bill would add five new subdivisions 2, 3, 4, 5 and 6 to subdivision 2 of section 47 of the civil rights law.

JUSTIFICATION: This bill would ensure that children and people with recognized disabilities, in which trained service dogs are assets, are not barred from using these public resources.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 5618 2013-2014 Regular Sessions IN SENATE May 29, 2013 ___________
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
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.

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