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S06386 Summary:

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S06386 Committee Votes:

S06386 Floor Votes:

S06386 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6386--A
            Cal. No. 17
 
                    IN SENATE
 
                                     January 8, 2016
                                       ___________
 
        Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules -- reported  favora-
          bly  from said committee, ordered to a third reading, passed by Senate
          and delivered to the Assembly, recalled, vote  reconsidered,  restored
          to  third  reading, amended and ordered reprinted, retaining its place
          in the order of third reading
 
        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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09820-05-6
        S. 6386--A                          2
 
     1  markets  law,  or  therapy  dog  as  such [terms are] term is defined in
     2  section [123-b and section 108] one hundred eight of the agriculture and
     3  markets law, respectively, such service animal or therapy dog  shall  be
     4  allowed  to  accompany  the victim at the residential program authorized
     5  pursuant to this section, so long as such accompaniment would not create
     6  an undue burden as defined by section  two  hundred  ninety-six  of  the
     7  executive law.
     8    Where  such  accompaniment would constitute an undue burden, the resi-
     9  dential program shall make reasonable efforts to facilitate placement of
    10  such animal at an off-site animal care facility or if reasonable efforts
    11  fail, provide referral to one or more off-site animal  care  facilities.
    12  Such  off-site  animal care may include, but not be limited to, boarding
    13  at a veterinary hospital or under the auspices of  a  duly  incorporated
    14  humane  society,  or  duly  incorporated  animal  protection association
    15  approved for such purpose by the department of agriculture and markets.
    16    Nothing in this section shall be construed  to  limit  any  rights  or
    17  obligations provided pursuant to federal or state law, including but not
    18  limited  to  providing  reasonable  accommodations  for individuals with
    19  disabilities.
    20    § 2. Section 2 of a chapter of the laws of 2015  amending  the  social
    21  services law, relating to authorizing service animals or therapy dogs to
    22  accompany  victims  of  domestic  violence  in  residential programs, as
    23  proposed in legislative bills numbers S.5372 and A.6626, is  amended  to
    24  read as follows:
    25    §  2.  The  office  of  children  and family services is authorized to
    26  promulgate any and all rules and regulations and take any other measures
    27  necessary to implement this act on or before its effective date.
    28    § 3. Section 3 of a chapter of the laws of 2015  amending  the  social
    29  services law, relating to authorizing service animals or therapy dogs to
    30  accompany  victims  of  domestic  violence  in  residential programs, as
    31  proposed in legislative bills numbers S.5372 and A.6626, is  amended  to
    32  read as follows:
    33    §  3. This act shall take effect [immediately] one year after the date
    34  on which it shall have become a law.
    35    § 4. This act shall take effect immediately; provided,  however,  that
    36  sections  one and two of this act shall take effect on the same date and
    37  in the same manner as a chapter of the laws of 2015 amending the  social
    38  services law, relating to authorizing service animals or therapy dogs to
    39  accompany  victims  of  domestic  violence  in  residential programs, as
    40  proposed in legislative bills numbers S.5372 and A.6626, takes effect.