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A05788 Summary:

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A05788 Floor Votes:

A05788 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5788
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                      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     2  are REPEALED and subdivision 31, as added by chapter 133 of the laws  of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    § 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    §  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    §  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    § 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    § 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    § 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    §  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    § 7. This act shall take effect immediately.