Amd §459-b, Soc Serv L; amd §2, Chap of 2015 (as proposed in S.5372 and A.6626)
Authorizes service animals or therapy dogs to accompany victims of domestic violence at residential programs whenever such accompaniment is reasonable under the circumstances.
STATE OF NEW YORK
________________________________________________________________________
9167
IN ASSEMBLY
February 1, 2016
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Social Services
AN ACT to amend the social services law, in relation to authorizing
service animals or therapy dogs to accompany victims of domestic
violence at residential programs; and to amend a chapter of the laws
of 2015 amending the social services law, relating to authorizing
service animals or therapy dogs to accompany victims of domestic
violence at residential programs, as proposed in legislative bills
numbers S.5372 and A.6626, in relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 459-b of the social services law, as amended by a
2 chapter of the laws of 2015 amending the social services law, relating
3 to authorizing service animals or therapy dogs to accompany victims of
4 domestic violence at residential programs, as proposed in legislative
5 bills numbers S.5372 and A.6626, is amended to read as follows:
6 § 459-b. Residential services for victims of domestic violence. In
7 accordance with section one hundred thirty-one-u of this chapter and the
8 regulations of the office of children and family services, a social
9 services district shall offer and provide necessary and available emer-
10 gency shelter and services for up to ninety days at a residential
11 program for victims of domestic violence to a victim of domestic
12 violence who was residing in the social services district at the time of
13 the alleged domestic violence whether or not such victim is eligible for
14 public assistance. Two forty-five day extensions of necessary and avail-
15 able emergency shelter may be granted beyond the maximum length of stay
16 at a residential program for victims of domestic violence for residents
17 who continue to be in need of emergency services and temporary shelter.
18 If the victim of domestic violence has a service animal as such term is
19 defined in section one hundred twenty-three-b of the agriculture and
20 markets law, or therapy dog as such [terms are] term is defined in
21 section [123-b and section 108] one hundred eight of the agriculture and
22 markets law, respectively, such service animal or therapy dog shall be
23 allowed to accompany the victim at the residential program authorized
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09820-04-6
A. 9167 2
1 pursuant to this section, so long as such accompaniment would not create
2 an undue burden as defined by section two hundred ninety-six of the
3 executive law.
4 Where such accompaniment would constitute an undue burden, the resi-
5 dential program shall make reasonable efforts to facilitate placement of
6 such animal at an off-site animal care facility or if reasonable efforts
7 fail, provide referral to one or more off-site animal care facilities.
8 Such off-site animal care may include, but not be limited to, boarding
9 at a veterinary hospital or under the auspices of a duly incorporated
10 humane society, or duly incorporated animal protection association
11 approved for such purpose by the department of agriculture and markets.
12 Nothing in this section shall be construed to limit any rights or
13 obligations provided pursuant to federal or state law, including but not
14 limited to providing reasonable accommodations for individuals with
15 disabilities.
16 § 2. Section 2 of a chapter of the laws of 2015 amending the social
17 services law, relating to authorizing service animals or therapy dogs to
18 accompany victims of domestic violence in residential programs, as
19 proposed in legislative bills numbers S.5372 and A.6626, is amended to
20 read as follows:
21 § 2. The office of children and family services is authorized to
22 promulgate any and all rules and regulations and take any other measures
23 necessary to implement this act on or before its effective date.
24 § 3. Section 3 of a chapter of the laws of 2015 amending the social
25 services law, relating to authorizing service animals or therapy dogs to
26 accompany victims of domestic violence in residential programs, as
27 proposed in legislative bills numbers S.5372 and A.6626, is amended to
28 read as follows:
29 § 3. This act shall take effect [immediately] one year after the date
30 on which it shall have become a law.
31 § 4. This act shall take effect immediately; provided, however, that
32 sections one and two of this act shall take effect on the same date and
33 in the same manner as a chapter of the laws of 2015 amending the social
34 services law, relating to authorizing service animals or therapy dogs to
35 accompany victims of domestic violence in residential programs, as
36 proposed in legislative bills numbers S.5372 and A.6626, takes effect.
