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A07967 Summary:

BILL NOA07967
 
SAME ASNo Same As
 
SPONSORTapia
 
COSPNSRSteck, Eachus, Shimsky, Benedetto, Hevesi, Angelino
 
MLTSPNSR
 
Amd §§47, 47-b & 47-c, add §47-d, Civ Rts L
 
Protects the rights of persons with disabilities to be accompanied by a guide dog or service dog in a place of public accommodation or housing accommodation; imposes a misdemeanor penalty for violations; requires the division of human rights to conduct a public awareness and education campaign.
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A07967 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7967
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 16, 2025
                                       ___________
 
        Introduced  by M. of A. TAPIA -- read once and referred to the Committee
          on Governmental Operations
 
        AN ACT to amend the civil rights law, in relation to rights  of  persons
          with disabilities to be accompanied by a guide dog or service dog
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 47 of the civil rights law, as amended  by  chapter
     2  404 of the laws of 1986, is amended to read as follows:
     3    §  47.  Use  of  public  facilities [by persons with a disability] and
     4  other accommodations. 1. No person shall be denied admittance to  and/or
     5  the  equal  use  of  and enjoyment of any public facility solely because
     6  said person is a person with a disability and is accompanied by a  guide
     7  dog,  hearing  dog  or service dog. No person with a disability shall be
     8  denied the right to be accompanied by a guide dog or service dog in  any
     9  place  of public accommodation, resort or amusement, or housing accommo-
    10  dation.
    11    2. [For the purposes of this section the term "public facility"  shall
    12  include,  but  shall  not be limited to, all modes of public and private
    13  transportation, all forms of public and private  housing  accommodations
    14  whether permanent or temporary, buildings to which the public is invited
    15  or  permitted,  including  those maintained by the state or by any poli-
    16  tical subdivision thereof, all educational facilities and  institutions,
    17  including  those maintained by the state or by any political subdivision
    18  thereof, all places where  food  is  offered  for  sale,  all  theatres,
    19  including both live playhouses and motion picture establishments and all
    20  other  places  of  public  accommodations,  convenience,  resort, enter-
    21  tainment, or business to which the general public or any  classification
    22  of  persons  therefrom is normally or customarily invited or permitted.]
    23  No extra charge or security deposit shall be imposed on a person with  a
    24  disability  for  a  guide dog or service dog in a housing accommodation;
    25  provided, however, that such person shall be liable for any damage  done
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11383-01-5

        A. 7967                             2
 
     1  to  the  premises  or  facilities  of such housing accommodation by such
     2  guide dog or service dog.
     3    §  2.  Section 47-b of the civil rights law, as amended by chapter 404
     4  of the laws of 1986, subdivisions 1, 4 and 7 as amended by  chapter  141
     5  of  the  laws of 2015 and subdivision 3 as amended by chapter 536 of the
     6  laws of 2014, is amended to read as follows:
     7    § 47-b. [Miscellaneous] Definitions and miscellaneous  provisions.  1.
     8  Persons  with  a  disability  accompanied by guide dogs, hearing dogs or
     9  service dogs shall be guaranteed the right to have such  dogs  in  their
    10  immediate  custody while exercising any of the rights and privileges set
    11  forth in this article, provided that in instances of employment pursuant
    12  to section forty-seven-a of this article, such dog has been trained by a
    13  qualified person. Blind persons shall, further, have the right to  carry
    14  a cane in their immediate custody while exercising any of the rights and
    15  privileges set forth in this section.
    16    2.  No  person  or  legal  entity, public or private, shall attempt to
    17  impose or maintain any direct or  indirect  additional  charge  for  the
    18  admittance  of  a  guide  dog, hearing dog or service dog accompanying a
    19  person with a disability, nor shall any conditions or  restrictions  not
    20  specifically set forth in this article be imposed on the person's rights
    21  as set forth herein.
    22    3.  A  person  engaged  in  training  a  dog to guide or otherwise aid
    23  persons with a disability, while engaged in  such  training  activities,
    24  and  a person with a disability for whom the dog is being trained, shall
    25  have the same rights and privileges set forth for persons with  a  disa-
    26  bility in this article.
    27    4.  For  the  purposes of this article, the following terms shall have
    28  the following meanings:
    29    (a) The term "guide dog", or "hearing dog" shall mean a  dog  that  is
    30  under  the control, consistent with federal regulations implementing the
    31  Americans with Disabilities Act, Title III, at 28 CFR 36.302(c), of  the
    32  person using or training it and has been or is being trained to guide or
    33  otherwise to aid a person with a disability.
    34    [5.  For  the  purposes of this article the] (b) The term "disability"
    35  shall have the same meaning as provided for in subdivision twenty-one of
    36  section two hundred ninety-two of the executive law.
    37    [6.] (c) The term "service dog"  means  any  dog  under  the  control,
    38  consistent  with  federal  regulations  implementing  the Americans with
    39  Disabilities Act, Title III, at 28 CFR 36.302(c), of the person using or
    40  training it, and that has been or is being individually  trained  to  do
    41  work or perform tasks for the benefit of a person with a disability.
    42    (d)  The term "public facility" means and shall include, but shall not
    43  be limited to, all modes of public and private transportation, TNC vehi-
    44  cles as defined by section sixteen hundred ninety-one of the vehicle and
    45  traffic law, all forms of  public  and  private  housing  accommodations
    46  whether permanent or temporary, buildings to which the public is invited
    47  or  permitted,  including  those maintained by the state or by any poli-
    48  tical subdivision thereof, all educational facilities and  institutions,
    49  including  those maintained by the state or by any political subdivision
    50  thereof, all places where  food  is  offered  for  sale,  all  theatres,
    51  including both live playhouses and motion picture establishments and all
    52  other  places  of  public  accommodations,  convenience,  resort, enter-
    53  tainment, or business to which the general public or any  classification
    54  of persons therefrom is normally or customarily invited or permitted.

        A. 7967                             3
 
     1    (e)  The  term  "place  of  public accommodation, resort or amusement"
     2  shall have the same meaning as defined by section two hundred ninety-two
     3  of the executive law.
     4    5. Any law, rule, or regulation conflicting with any provision of this
     5  article is, to the extent of said conflict only, deemed to be superseded
     6  by the provisions of this article.
     7    [7.  "Service  dog"  means  any dog under the control, consistent with
     8  federal regulations implementing the Americans  with  Disabilities  Act,
     9  Title  III, at 28 CFR 36.302(c), of the person using or training it, and
    10  that has been or is being individually trained to  do  work  or  perform
    11  tasks for the benefit of a person with a disability.]
    12    §  3.  Section 47-c of the civil rights law, as amended by chapter 295
    13  of the laws of 2004, is amended to read as follows:
    14    § 47-c. Penalties. 1. Any person or legal entity, public  or  private,
    15  violating any provision of this article shall be guilty of a violation.
    16    2.  Any  person or legal entity, public or private, violating [section
    17  forty-seven and/or] subdivision one or two of section  forty-seven-b  of
    18  this  article two or more times within a two year period shall be guilty
    19  of a violation punishable by a fine of one thousand dollars.
    20    3. Any person or  legal  entity,  public  or  private,  who  knowingly
    21  violates section forty-seven of this article shall be guilty of a misde-
    22  meanor  and  subject  to  a fine not exceeding two thousand five hundred
    23  dollars.
    24    § 4. The civil rights law is amended by adding a new section  47-d  to
    25  read as follows:
    26    §  47-d.  Public  awareness  and  education.  1. The division of human
    27  rights, in consultation with the office of the attorney general and  the
    28  office  for  people  with  developmental disabilities, shall develop and
    29  implement a public  awareness  and  education  campaign  to  inform  the
    30  public,  businesses,  housing  providers,  transportation  services, and
    31  government entities about:
    32    (a) the rights of individuals with disabilities to be  accompanied  by
    33  guide dogs and service dogs as provided under this article;
    34    (b) penalties associated with violations of this article; and
    35    (c)  appropriate conduct and reasonable accommodations for individuals
    36  accompanied by guide dogs and service dogs.
    37    2. The public awareness and education campaign under  subdivision  one
    38  of this section shall include, but not be limited to:
    39    (a) online resources, including informational materials on state agen-
    40  cy websites;
    41    (b)  distribution of printed educational materials to places of public
    42  accommodation, resort or amusement and transportation hubs; and
    43    (c)  outreach  and  training  programs  targeting  businesses,  public
    44  service providers, and housing providers.
    45    3.  The  division of human rights shall provide guidance for how busi-
    46  nesses and service providers may comply  with  the  provisions  of  this
    47  article  and  may also partner with nonprofit organizations and advocacy
    48  groups to promote awareness.
    49    4. The public education and  awareness  campaign  under  this  section
    50  shall  commence  no  later  than ninety days after the effective date of
    51  this section.
    52    § 5. This act shall take effect on the first of January next  succeed-
    53  ing the date on which it shall have become a law. Effective immediately,
    54  the  addition,  amendment and/or repeal of any rule or regulation neces-
    55  sary for the implementation of  this  act  on  its  effective  date  are
    56  authorized to be made and completed on or before such effective date.
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