A05788 Summary:

BILL NO    A05788 

SAME AS    SAME AS S04317

SPONSOR    Benedetto

COSPNSR    Cusick, Gottfried, Weprin, Jaffee

MLTSPNSR   

Amd SS292 & 296, rpld S292 subs 32 & 33, Exec L; amd S47-b, Civ Rts L; amd
S108, Ag & Mkts L; amd S147, Transp L; amd S223-b, Pub Hous L

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

A05788 Actions:

BILL NO    A05788 

03/06/2013 referred to governmental operations
04/23/2013 reported 
04/25/2013 advanced to third reading cal.222
06/03/2013 passed assembly
06/03/2013 delivered to senate
06/03/2013 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/04/2013 SUBSTITUTED FOR S4317
06/04/2013 3RD READING CAL.315
06/21/2013 SUBSTITUTION RECONSIDERED
06/21/2013 COMMITTED TO RULES
01/08/2014 DIED IN SENATE
01/08/2014 RETURNED TO ASSEMBLY
01/08/2014 ordered to third reading cal.271
05/19/2014 passed assembly
05/19/2014 delivered to senate
05/19/2014 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
06/18/2014 SUBSTITUTED FOR S4317
06/18/2014 3RD READING CAL.674
06/18/2014 PASSED SENATE
06/18/2014 RETURNED TO ASSEMBLY
Go to top

A05788 Votes:

A05788 06/03/2013 142/0
AbbateYColtonYGarbariYKearnsYMillmanYRiveraYStevensY
AbinantYCookYGibsonERKellnerYMontesaYRobertsYStirpeY
ArroyoYCorwinYGiglioYKimYMorelleYRobinsoYSweeneyY
AubryYCrespoYGjonajYKolbYMosleyYRodriguYTediscoY
BarclayYCrouchYGlickYLalorYMoyaYRosaYTenneyY
BarrettYCurranYGoldfedYLavineYNojayYRosenthYThieleY
BarronERCusickYGoodellYLentolYNolanYRozicYTitoneY
BenedetYCymbrowYGottfriYLiftonYOaksYRussellYTitusY
BlankenYDenDekkYGrafYLopezYO'DonneYRyanYWalterY
BorelliYDinowitYGuntherYLupardoYOrtizYSaladinYWeinsteY
BoylandERDiPietrYHawleyYLupinacYOtisYSantabaYWeisenbY
BraunstYDupreyYHeastieYMageeYPalmesaYScarborYWeprinY
BrennanYEnglebrYHennessYMagnareYPaulinYSchimelYWrightY
BrindisYEspinalYHevesiYMaiselERPeoplesYSchimmiYZebrowsY
BronsonYFahyYHikindYMalliotYPerryYSepulveYMr SpkrY
Brook-KYFarrellYHooperYMarkeyYPretlowYSimanowY
BuchwalYFinchYJacobsYMayerYQuartYSimotasY
ButlerYFitzpatYJaffeeYMcDonalYRaYSkartadY
CahillYFriendYJohnsYMcDonouYRabbittYSkoufisY
CamaraERGabryszYJordanYMcKevitYRaiaYSolagesY
CerettoYGalefYKatzYMcLaughYRamosYStecY
ClarkYGanttYKavanagYMillerYReilichYSteckY

A05788 05/19/2014 135/0
AbbateERCorwinYGlickYLavineYNolanYRozicYTitusY
AbinantYCrespoYGoldfedYLentolYOaksYRussellYWalterY
ArroyoYCrouchYGoodellYLiftonYO'DonneYRyanYWeinsteY
AubryYCurranYGottfriYLopezYOrtizYSaladinYWeisenbY
BarclayYCusickYGrafYLupardoYOtisYSantabaYWeprinY
BarrettYCymbrowYGuntherYLupinacYPalmesaYScarborYWrightY
BenedetYDavilaYHawleyYMageeYPalumboYSchimelYZebrowsY
BlankenYDenDekkYHeastieYMagnareYPaulinYSchimmiYMr SpkrY
BorelliYDinowitYHennessYMalliotYPeoplesYSepulveY
BraunstYDiPietrYHevesiYMarkeyERPerryYSimanowY
BrennanYDupreyYHikindYMayerYPichardYSimotasY
BrindisYEnglebrYHooperYMcDonalYPretlowYSkartadER
BronsonYFahyYJacobsYMcDonouYQuartYSkoufisY
Brook-KYFarrellYJaffeeYMcKevitYRaYSolagesY
BuchwalYFinchERJohnsYMcLaughYRaiaYStecY
ButlerYFitzpatYKatzYMillerYRamosYSteckY
CahillYFriendYKavanagYMillmanYRiveraYStirpeY
CamaraYGalefYKearnsYMontesaYRobertsYSweeneyY
CerettoYGanttYKellnerABMorelleYRobinsoYTediscoY
ClarkYGarbariYKimYMosleyYRodriguYTenneyY
ColtonYGiglioYKolbYMoyaYRosaYThieleY
CookYGjonajYLalorYNojayYRosenthYTitoneY

Go to top

A05788 Memo:

BILL NUMBER:A5788

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 OR GENERAL IDEA OF BILL: The purpose of this bill is to update
and  provide  clarity to state laws regarding people with disabilities
and service animals.

SUMMARY OF SPECIFIC PROVISIONS: This bill would amend the Human Rights
Law to define the terms "service  animal"  which  would  include,  but
would  not  be  limited  to, any guide, hearing, or service dog. Those
terms 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.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None noted.
Go to top

A05788 Text:

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

                                         5788

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                     March 6, 2013
                                      ___________

       Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
         Committee on Governmental 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. Subdivisions 32 and 33 of section 292 of the executive law
    2  are REPEALED and subdivision 31, as added by chapter 133 of the laws  of
    3  2007, is 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], "HEAR-
    7  ING DOG" OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE
    8  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
    9    S 2. Subdivision 14 of section 296 of the executive law, as amended by
   10  chapter 133 of the laws of 2007, is amended to read as follows:
   11    14. It shall be an unlawful discriminatory  practice  for  any  person
   12  engaged  in any activity covered by this section to discriminate against
   13  a blind person, a hearing impaired person or a person with  [a]  ANOTHER
   14  disability on the basis of his or her use of a guide dog, hearing dog or
   15  service dog.
   16    S  3. Subdivisions 3 and 4 of section 47-b of the civil rights law, as
   17  amended by chapter 404 of the laws of 1986, are amended and a new subdi-
   18  vision 7 is added to read as follows:
   19    3. [Persons qualified to train dogs] A PERSON ENGAGED  IN  TRAINING  A
   20  DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
   21  engaged  in such training activities, AND A PERSON WITH A DISABILITY FOR
   22  WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
   23  set forth for persons with a disability in this article.
   24    4. The term "guide dog", OR "hearing dog"  [or  "service  dog"]  shall
   25  mean a dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE
   26  PERSON USING OR TRAINING IT and has been or is being trained [by a qual-

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD09655-01-3
       A. 5788                             2

    1  ified  person,]  to  [aid and] guide OR OTHERWISE TO AID a person with a
    2  disability.
    3    7.  "SERVICE  DOG" MEANS ANY DOG UNDER THE CONTROL OF THE PERSON USING
    4  OR TRAINING IT AND THAT HAS BEEN OR IS BEING INDIVIDUALLY TRAINED TO  DO
    5  WORK OR PERFORM TASKS FOR THE BENEFIT OF A PERSON WITH A DISABILITY.
    6    S  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
    7  and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
    8  laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
    9  2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
   10  amended to read as follows:
   11    9. "Guide dog" means any dog that is trained to aid a  person  who  is
   12  blind  and  is  actually  used  for such purpose, or any dog [owned by a
   13  recognized guide dog training center located within  the  state]  during
   14  the period such dog is being trained or bred for such purpose.
   15    21. "Hearing dog" means any dog that is trained to aid a person with a
   16  hearing  impairment  and  is  actually used for such purpose, or any dog
   17  [owned by a recognized training center located within the state]  during
   18  the period such dog is being trained or bred for such purpose.
   19    22. "Service dog" means any dog that has been or is being individually
   20  trained  to  do work or perform tasks for the benefit of a person with a
   21  disability[, provided that the dog is or will be owned by such person or
   22  that person's parent, guardian or other legal representative].
   23    26. "Therapy dog" means any dog that is trained to aid  the  emotional
   24  and  physical health of patients in hospitals, nursing homes, retirement
   25  homes and other settings and is actually used for such purpose,  or  any
   26  dog  [owned  by  a  recognized training center located within the state]
   27  during the period such dog is being trained or bred for such purpose.
   28    S 5. Section 147 of the transportation law, as amended by chapter  404
   29  of the laws of 1986, is amended to read as follows:
   30    S 147. Dogs  accompanying  persons  with a disability. Subject to such
   31  rules and regulations as the commissioner may prescribe, all common  and
   32  contract  carriers  of  passengers by motor vehicle shall permit a guide
   33  dog, hearing dog or service dog  [properly  harnessed,]  AS  DEFINED  IN
   34  SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW accompanying a person with
   35  a  disability,  as  defined  in  subdivision  twenty-one  of section two
   36  hundred ninety-two of the executive law, to [aid and  guide]  ACCOMPANY,
   37  TO GUIDE, OR OTHERWISE TO AID such person, to ride on all vehicles oper-
   38  ated  for transportation and no charge shall be made for the transporta-
   39  tion of such dog.
   40    S 6. Section 223-b of the public housing law, as added by chapter  689
   41  of the laws of 1980, is amended to read as follows:
   42    S  223-b.  Discrimination  against  A  PERSON WITH A hearing [impaired
   43  persons] IMPAIRMENT who [have] HAS A hearing [dogs] DOG.    No  [hearing
   44  impaired]  person  who  has a hearing impairment [manifested by a speech
   45  discrimination score of forty percent or less in  the  better  ear  with
   46  appropriate correction as certified by a licensed audiologist or otorhi-
   47  nolaryngologist  as  defined  in section seven hundred eighty-one of the
   48  general business law, or a physician who has examined such person pursu-
   49  ant to the provisions of section seven hundred eighty-four of such law,]
   50  shall be denied occupancy in a dwelling in any project or  be  subjected
   51  to  eviction  from any such dwelling on the sole ground that such person
   52  owns a hearing dog AS DEFINED IN  SECTION  FORTY-SEVEN-B  OF  THE  CIVIL
   53  RIGHTS  LAW,  provided, however, that if after occupancy a health hazard
   54  results on account of such dog, the public health officer having  juris-
   55  diction may take such corrective measures as may be appropriate.
   56    S 7. This act shall take effect immediately.
Go to top
Page display time = 0.252 sec