A07178 Summary:

BILL NOA07178
 
SAME ASSAME AS S06128
 
SPONSOREnglebright (MS)
 
COSPNSRCook, Glick, Galef, Peoples-Stokes, Gunther, Lavine, Rosenthal L, Zebrowski, Brindisi, Mayer, Mosley, Blake, Simon, Williams, Carroll, D'Urso, Steck, Sepulveda, Bronson, Johns
 
MLTSPNSRHooper, Lupardo
 
Amd §§296, 374 & 378, Exec L; amd §7-e, Leg L; amd §92-a, Pub Serv L; amd §§3 & 53, Pub Bldg L; amd §§3230 & 4410, Ed L; amd §326-b, Soc Serv L; amd §§336-b, 798 & 799, Gen Bus L; amd §6, Civ Serv L; amd §49-gg, Work Comp L; amd §108, Ag & Mkts L; amd §223-b, Pub Hous L
 
Changes references in law from "hearing impaired" to "deaf or hard of hearing".
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A07178 Actions:

BILL NOA07178
 
04/12/2017referred to governmental operations
05/22/2017reported
05/25/2017advanced to third reading cal.548
06/07/2017passed assembly
06/07/2017delivered to senate
06/07/2017REFERRED TO RULES
01/03/2018DIED IN SENATE
01/03/2018RETURNED TO ASSEMBLY
01/03/2018ordered to third reading cal.503
03/22/2018passed assembly
03/22/2018delivered to senate
03/22/2018REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS
04/30/2018SUBSTITUTED FOR S6128
04/30/20183RD READING CAL.152
04/30/2018PASSED SENATE
04/30/2018RETURNED TO ASSEMBLY
08/13/2018delivered to governor
08/24/2018signed chap.221
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A07178 Committee Votes:

GOVERNMENTAL OPERATIONS Chair:Peoples-Stokes DATE:05/22/2017AYE/NAY:11/0 Action: Favorable
Peoples-StokesAyeJohnsAye
GalefAyeGoodellAye
BenedettoAyeLalorExcused
GlickAyeByrneAye
KimAye
BuchwaldAye
BichotteAye
BlakeExcused
HyndmanAye

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A07178 Floor Votes:

DATE:06/07/2017Assembly Vote  YEA/NAY: 147/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
Yes
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
Yes
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
ER
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
Yes
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
DATE:03/22/2018Assembly Vote  YEA/NAY: 134/0
Yes
Abbate
Yes
Crouch
Yes
Gunther
Yes
Mayer
Yes
Pichardo
Yes
Taylor
Yes
Abinanti
Yes
Curran
ER
Harris
Yes
McDonald
Yes
Pretlow
Yes
Thiele
Yes
Arroyo
Yes
Cusick
Yes
Hawley
ER
McDonough
Yes
Quart
Yes
Titone
Yes
Aubry
Yes
Cymbrowitz
Yes
Hevesi
Yes
Miller B
Yes
Ra
Yes
Titus
Yes
Barclay
Yes
Davila
Yes
Hikind
Yes
Miller MG
Yes
Raia
Yes
Vanel
Yes
Barnwell
Yes
De La Rosa
Yes
Hooper
Yes
Miller ML
Yes
Ramos
Yes
Walker
Yes
Barrett
Yes
DenDekker
Yes
Hunter
Yes
Montesano
Yes
Richardson
Yes
Wallace
Yes
Barron
Yes
Dickens
Yes
Hyndman
Yes
Morelle
Yes
Rivera
Yes
Walsh
Yes
Benedetto
Yes
Dilan
Yes
Jaffee
Yes
Morinello
Yes
Rodriguez
Yes
Walter
Yes
Bichotte
Yes
Dinowitz
Yes
Jean-Pierre
Yes
Mosley
Yes
Rosenthal D
Yes
Weinstein
Yes
Blake
ER
DiPietro
Yes
Jenne
Yes
Murray
Yes
Rosenthal L
Yes
Weprin
Yes
Blankenbush
Yes
D'Urso
Yes
Johns
Yes
Niou
Yes
Rozic
Yes
Williams
Yes
Brabenec
Yes
Englebright
Yes
Jones
Yes
Nolan
Yes
Ryan
Yes
Woerner
Yes
Braunstein
Yes
Errigo
Yes
Joyner
Yes
Norris
Yes
Santabarbara
Yes
Wright
Yes
Brindisi
Yes
Fahy
Yes
Kim
Yes
Oaks
Yes
Schimminger
Yes
Zebrowski
Yes
Bronson
ER
Finch
Yes
Kolb
Yes
O'Donnell
Yes
Seawright
Yes
Mr. Speaker
Yes
Buchwald
Yes
Fitzpatrick
Yes
Lalor
Yes
Ortiz
ER
Sepulveda
Yes
Butler
Yes
Friend
Yes
Lavine
Yes
Otis
Yes
Simon
Yes
Byrne
Yes
Galef
Yes
Lawrence
Yes
Palmesano
Yes
Simotas
Yes
Cahill
ER
Gantt
Yes
Lentol
Yes
Palumbo
ER
Skartados
Yes
Carroll
Yes
Garbarino
Yes
Lifton
Yes
Paulin
Yes
Skoufis
Yes
Castorina
Yes
Giglio
Yes
Lupardo
Yes
Pellegrino
Yes
Solages
Yes
Colton
Yes
Glick
Yes
Magee
Yes
Peoples-Stokes
Yes
Stec
Yes
Cook
Yes
Goodell
Yes
Magnarelli
Yes
Perry
Yes
Steck
Yes
Crespo
Yes
Gottfried
Yes
Malliotakis
Yes
Pheffer Amato
Yes
Stirpe

‡ Indicates voting via videoconference
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A07178 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7178
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     April 12, 2017
                                       ___________
 
        Introduced  by M. of A. ENGLEBRIGHT, COOK, GLICK, GALEF, PEOPLES-STOKES,
          GUNTHER, LAVINE, ROSENTHAL, ZEBROWSKI, BRINDISI, MAYER, MOSLEY, BLAKE,
          SIMON, WILLIAMS, CARROLL, D'URSO, STECK -- Multi-Sponsored by -- M. of
          A.  HOOPER, LUPARDO -- read once and  referred  to  the  Committee  on
          Governmental Operations

        AN  ACT  to  amend  the  executive  law, the legislative law, the public
          service law, the public buildings law, the education law,  the  social
          services  law,  the  general  business law, the civil service law, the
          workers' compensation law, the agriculture and  markets  law  and  the
          public  housing  law,  in  relation to changing references to "hearing
          impaired" to "deaf or hard of hearing"
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  14  of  section 296 of the executive law, as
     2  amended by chapter 141 of the laws  of  2015,  is  amended  to  read  as
     3  follows:
     4    14. In addition to reasonable modifications in policies, practices, or
     5  procedures,  including  those  defined in subparagraph (iv) of paragraph
     6  (d) of subdivision two of this section or reasonable accommodations  for
     7  persons with disabilities as otherwise provided in this section, includ-
     8  ing  the  use of an animal as a reasonable accommodation, it shall be an
     9  unlawful discriminatory practice for any person engaged in any  activity
    10  covered  by  this  section  to  deny access or otherwise to discriminate
    11  against a blind person, a [hearing impaired] person who is deaf or  hard
    12  of  hearing  or  a  person  with another disability because he or she is
    13  accompanied by a dog that has been trained to work or  perform  specific
    14  tasks  for the benefit of such person by a professional guide dog, hear-
    15  ing dog or service dog training center or professional guide dog,  hear-
    16  ing  dog or service dog trainer, or to discriminate against such profes-
    17  sional guide dog, hearing dog or service dog  trainer  engaged  in  such
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10196-02-7

        A. 7178                             2
 
     1  training  of a dog for use by a person with a disability, whether or not
     2  accompanied by the person for whom the dog is being trained.
     3    § 2. Subparagraph (ii) of paragraph a and paragraph c of subdivision 9
     4  of  section  374  of  the executive law, as amended by chapter 23 of the
     5  laws of 1989, are amended to read as follows:
     6    (ii) three members one of whom shall represent an  organization  which
     7  serves  as an advocate for the [hearing impaired] deaf and hard of hear-
     8  ing, one of whom shall represent consumers of products designed for  the
     9  [hearing  impaired] deaf and hard of hearing, and one of whom represents
    10  an institution of higher education with expertise in the area of  assis-
    11  tive  listening  technology,  who shall be entitled to be reimbursed for
    12  necessary travel and incidental expenses out of monies  appropriated  to
    13  the division of housing and community renewal.
    14    c.  In  developing  such recommendations the advisory board shall take
    15  into consideration the costs of such systems,  the  standardization  and
    16  compatibility of such systems, if the technology permits, and the utili-
    17  zation of such systems by the [hearing impaired] consumer who is deaf or
    18  hard  of hearing. Particular attention should be given to the ability of
    19  consumers to utilize a single receiver which is compatible in a  variety
    20  of installations employing the same assistive listening device technolo-
    21  gy.
    22    §  3.  Subdivision  8  and  the opening paragraph of subdivision 10 of
    23  section 378 of the executive law, as renumbered by chapter  494  of  the
    24  laws  of 1991, subdivision 8 as added by chapter 435 of the laws of 1986
    25  and the opening paragraph of subdivision 10 as amended by chapter 23  of
    26  the laws of 1989, are amended to read as follows:
    27    8. Standards for hotels, motels and lodging houses requiring (in addi-
    28  tion  to  any  other requirement) portable smoke-detecting alarm devices
    29  for the deaf and hard  of  hearing  [impaired]  of  audible  and  visual
    30  design,  available for three percent of all units available for occupan-
    31  cy, with a minimum of one unit. If any other law or regulation  requires
    32  a  central,  closed  circuit interior alarm system, such device shall be
    33  incorporated into or connected to the system so  as  to  be  capable  of
    34  being  activated  by  the system. Incorporation into the existing system
    35  shall be in lieu of the portable alarms. Standards shall require  opera-
    36  tors of any such establishment to post conspicuously at the main desk or
    37  other  similar  station  a  notice  in  letters at least three inches in
    38  height stating that smoke-detector alarm devices for the deaf  and  hard
    39  of  hearing  [impaired] are available. The council shall mandate by rule
    40  and regulation the specific design of the smoke-detector alarm devices.
    41    Standards  for  assistive  listening  systems  for  new   construction
    42  commenced after January first, nineteen hundred ninety-one requiring the
    43  installation  of  assistive  listening  systems  at all places of public
    44  assembly so designated by the appropriate building and fire code for use
    45  by [hearing impaired] persons who  are  deaf  or  hard  of  hearing  who
    46  require use of such a system to improve their reception of sound.
    47    §  4.  Section  7-e of the legislative law, as added by chapter 169 of
    48  the laws of 1987, is amended to read as follows:
    49    § 7-e. Assistive listening system for the deaf  and  hard  of  hearing
    50  [impaired]. (a) The temporary president of the senate and the speaker of
    51  the  assembly shall have the power and it shall be their individual duty
    52  to equip the senate chambers, the  assembly  chambers  and  any  hearing
    53  rooms  located in the legislative office building in Albany which accom-
    54  modate more than one hundred persons with an assistive listening  system
    55  for use by the deaf and hard of hearing [impaired].

        A. 7178                             3
 
     1    (b)  For  purposes  of  this  section,  the  term "assistive listening
     2  system" shall mean situational-personal acoustic communication equipment
     3  designed to improve the transmission and auditory  reception  of  sound.
     4  Such  system  shall  include  but  not be limited to the use of standard
     5  amplitude  modulation  (AM),  frequency modulation (FM), audio induction
     6  loop, infrared light sound, or hard wire systems.
     7    § 5. The section heading and subdivision 1  of  section  92-a  of  the
     8  public service law, as amended by section 3 of part H-1 of chapter 62 of
     9  the laws of 2003, are amended to read as follows:
    10    Special  telephone  equipment  for deaf and hard of hearing [impaired]
    11  persons. 1.  The commission shall require any regulated  landline  tele-
    12  phone  corporation  providing  local  exchange  service to sell or lease
    13  special telecommunication equipment to a person  certified  as  deaf  or
    14  hard  of  hearing  [impaired]  where  the  addition of such equipment is
    15  necessary to enable such person to access and utilize the local exchange
    16  network. The sale of such equipment shall be at an amount not to  exceed
    17  the  actual  purchase  price  by  the  corporation and the lease of such
    18  equipment shall be at a rate to be determined  by  the  commission.  Any
    19  person  who  leases such equipment shall be permitted to apply the lease
    20  payments toward the equipment's purchase.
    21    § 6. Section 92-a of the public service law, as amended by chapter 487
    22  of the laws of 1987, is amended to read as follows:
    23    § 92-a. Special telephone equipment  for  deaf  and  hard  of  hearing
    24  [impaired]  persons. The commission shall require any regulated landline
    25  telephone corporation providing local exchange service to sell or  lease
    26  special  telecommunication  equipment  to  a person certified as deaf or
    27  hard of hearing [impaired] where  the  addition  of  such  equipment  is
    28  necessary to enable such person to access and utilize the local exchange
    29  network.  The sale of such equipment shall be at an amount not to exceed
    30  the actual purchase price by the  corporation  and  the  lease  of  such
    31  equipment  shall  be  at  a rate to be determined by the commission. Any
    32  person who leases such equipment shall be permitted to apply  the  lease
    33  payments toward the equipment's purchase.
    34    §  7. Paragraph (a) of subdivision 9 of section 3 of the public build-
    35  ings law, as added by chapter 169 of the laws of  1987,  is  amended  to
    36  read as follows:
    37    (a)  The  commissioner of general services shall have the power and it
    38  shall be his or her duty to equip that room in the state capitol custom-
    39  arily utilized by the governor to brief the members of the working press
    40  and news media with an assistive listening system for use  by  the  deaf
    41  and hard of hearing [impaired].
    42    §  8.  Subdivision  1  of  section  53 of the public buildings law, as
    43  amended by chapter 23 of the  laws  of  1989,  is  amended  to  read  as
    44  follows:
    45    1.  All  new  public  buildings, construction of which commences after
    46  January first, nineteen hundred ninety-one,  containing  an  auditorium,
    47  theater,  meeting  hall, hearing room, amphitheater, or room used in any
    48  similar capacity which are so designated by the appropriate building and
    49  fire code shall have  equipped  and  installed  an  assistive  listening
    50  system  for  use  by  [hearing impaired] persons who are deaf or hard of
    51  hearing who require the use of such a system to improve their  reception
    52  of sound.
    53    §  9.  Subdivisions  1  and 3 of section 3230 of the education law, as
    54  added by chapter 765 of the  laws  of  1992,  are  amended  to  read  as
    55  follows:

        A. 7178                             4
 
     1    1.  The  board  of education or trustees of each school district shall
     2  ensure that at any meeting or activity which is conducted by  the  board
     3  of  education,  trustees,  school district or a district school which is
     4  specific to a child's educational program and which parents  or  persons
     5  in parental relationship who are  deaf or hard of hearing [impaired], as
     6  defined  by the commissioner, attend, the board of education or trustees
     7  shall provide  interpreter  services  at  no  charge  to  such  persons,
     8  provided a written request therefor is made to the school district with-
     9  in  a reasonable time prior to the scheduled meeting or activity. In the
    10  event interpreter services are  requested,  the  school  district  shall
    11  appoint  an  interpreter of the deaf to interpret the proceedings of the
    12  meeting or activity.  In the event that an interpreter  is  unavailable,
    13  other  reasonable accommodations shall be made which are satisfactory to
    14  the parents or guardians.
    15    3. For the purposes of this  section  "meeting"  or  "activity"  shall
    16  include  those  school-initiated meetings or activities which parents or
    17  persons in parental  relationship  who  are  deaf  or  hard  of  hearing
    18  [impaired] attend which are specific to the academic and/or disciplinary
    19  aspects  of  their  child's educational program including parent-teacher
    20  conferences and other such meetings and activities  as  defined  by  the
    21  commissioner.
    22    §  10.  Paragraph  c of subdivision 6 of section 4410 of the education
    23  law, as added by chapter 581 of the laws of 2011, is amended to read  as
    24  follows:
    25    c.  Notwithstanding  any  other  provision of law to the contrary, the
    26  exemption in subdivision two of section eighty-two hundred seven of this
    27  chapter shall apply  to  persons  employed  by  a  center-based  program
    28  approved  pursuant  to  subdivision  nine of this section to perform the
    29  duties of a speech-language pathologist,  audiologist,  teacher  of  the
    30  speech and deaf and hard of hearing [impaired] or teacher of the deaf to
    31  students enrolled in such approved center-based program in the course of
    32  their employment.
    33    §  11.  Subdivision  3 of section 326-b of the social services law, as
    34  amended by chapter 191 of the laws  of  1989,  is  amended  to  read  as
    35  follows:
    36    3.  The loan fund shall provide the disabled with the financial oppor-
    37  tunity to purchase or replace essential equipment used by them for daily
    38  living or vocational functioning  following  rehabilitation,  including,
    39  but  not  limited  to,  prosthesis,  ramps,  wheelchairs, wheelchair van
    40  lifts, telecommunication devices  for  the  deaf  and  hard  of  hearing
    41  [impaired],  devices  which  allow  persons  who  are  blind or visually
    42  impaired to discern printed materials and adaptive equipment to permit a
    43  disabled person to operate a  motor  vehicle  but  not  to  purchase  or
    44  replace a motor vehicle itself.
    45    §  12.  Subdivision 1 of section 336-b of the general business law, as
    46  added by chapter 190 of the laws of 1991, is amended to read as follows:
    47    1. Each telephone corporation  doing  business  in  this  state  which
    48  provides  public  pay telephones, including those owners or providers of
    49  customer owned currency operated telephones (COCOT's), shall provide  at
    50  least  twenty-five  percent of its public pay telephones installed on or
    51  after January first, nineteen hundred ninety-three with  volume  control
    52  equipment to enable deaf or hard of hearing [impaired] persons to access
    53  and  utilize  telecommunications  services.  The  telephones with volume
    54  control equipment shall be distributed evenly among the public pay tele-
    55  phones provided by the corporation. Each public  pay  telephone  with  a
    56  volume  control  shall  have  signage  either on the telephone or in the

        A. 7178                             5
 
     1  immediate vicinity thereof, identifying that telephone as being equipped
     2  with a deaf or hard of hearing [impaired] volume control.
     3    §  13. Subparagraph (ii) of paragraph (a) of subdivision 13 of section
     4  798 of the general business law, as amended by chapter 301 of  the  laws
     5  of 2000, is amended to read as follows:
     6    (ii)  and  the  physician  certifies  in  writing  that, in his or her
     7  professional judgement, at the time the dispensing occurred the purchas-
     8  er had either a diagnosis of deafness or being hard of hearing  [impair-
     9  ment]  for  which  a  hearing  aid  provides no benefit or had a medical
    10  condition which contraindicates the use of a hearing aid, and
    11    § 14. Paragraphs (n) and (q) of subdivision 2 of section  799  of  the
    12  general  business  law,  paragraph  (n) as amended by chapter 133 of the
    13  laws of 1999 and paragraph (q) as added by chapter 599 of  the  laws  of
    14  1998, are amended to read as follows:
    15    (n)  no hearing aid dispenser, registrant or hearing aid trainee shall
    16  state or imply that the use of any hearing aid will restore  hearing  to
    17  normal, or preserve hearing, or prevent or retard the progression of [a]
    18  deafness  or being hard of hearing [impairment] or any false or mislead-
    19  ing or medically or audiologically unsupportable  claims  regarding  the
    20  efficacy or benefits of hearing aids.
    21    (q) making any predictions or prognostications as to the future course
    22  of [a] deafness or being hard of hearing [impairment], either in general
    23  terms  or  with  reference  to  an  individual person, except where such
    24  predictions and prognostications are made by  a  hearing  aid  dispenser
    25  licensed pursuant to the provisions of article one hundred fifty-nine of
    26  the education law and consistent with such law.
    27    § 15. Paragraph (c) of subdivision 1 of section 6 of the civil service
    28  law,  as  amended by chapter 265 of the laws of 2013, is amended to read
    29  as follows:
    30    (c) rules for sick leaves, vacations, time allowances and other condi-
    31  tions of employment in the classified service of the state and, notwith-
    32  standing any other provision of this chapter  or  any  other  law,  such
    33  rules  may provide for cash payment of the monetary value of accumulated
    34  and unused vacation or time  allowances  granted  in  lieu  of  overtime
    35  compensation standing to the credit of an employee at the time of his or
    36  her separation from service or his or her entrance into the armed forces
    37  of  the  United  States  for  active  duty  (other than for training) as
    38  defined by title ten of the United States  code,  whether  or  not  such
    39  entrance  constitutes  a separation from service, and for the payment of
    40  the monetary value of his or her accumulated and unused time  allowances
    41  granted  in  lieu  of overtime compensation standing to the credit of an
    42  employee at the time of his or her appointment,  promotion  or  transfer
    43  from  the department or agency in which such time allowances were earned
    44  to another department or agency and provided further  however  that  any
    45  such rules or regulations shall provide that individuals certified by an
    46  examining  physician  as  benefiting from the use of a service animal in
    47  performing major life activities, individuals registered  with  the  New
    48  York  state commission for the blind as legally blind or certified by an
    49  examining physician or licensed optometrist as legally blind,  as  mani-
    50  fested  by  visual  acuity of 20/200 or less in the better eye with best
    51  correction or visual field of 20 degrees or less,  and  individuals  who
    52  [have a] are deaf or hard of hearing [impairment] manifested by a speech
    53  discrimination  score  of  forty  percent or less in the better ear with
    54  appropriate correction as certified  by  an  examining  physician  or  a
    55  licensed  audiologist  or  otorhinolaryngologist  as  defined in section
    56  seven hundred eighty-nine of the general business law,  or  a  physician

        A. 7178                             6
 
     1  who has examined such person pursuant to the provisions of section seven
     2  hundred  ninety-two  of  such  law,  may charge against accumulated sick
     3  leave credits and upon written agreement between the individual and  the
     4  employer, may borrow against sick leave credits not yet accumulated, for
     5  the  purpose  of  obtaining  service animals or guide dogs and necessary
     6  training, up to a maximum of twenty-six days in any one  calendar  year;
     7  and
     8    §  16.  Subdivision  (e) of section 49-gg of the workers' compensation
     9  law, as amended by chapter 415 of the laws of 1983, is amended  to  read
    10  as follows:
    11    (e)  proper deductions for presbycusis and other non-industrial causes
    12  of deafness and being hard of hearing [impairment], and
    13    § 17. Subdivision 21 of section 108 of  the  agriculture  and  markets
    14  law,  as  amended by chapter 536 of the laws of 2014, is amended to read
    15  as follows:
    16    21. "Hearing dog" means any dog that is trained to aid a person  [with
    17  a]  who is deaf or hard of hearing [impairment] and is actually used for
    18  such purpose, or any dog during the period such dog is being trained  or
    19  bred for such purpose.
    20    §  18.  Section 223-b of the public housing law, as amended by chapter
    21  536 of the laws of 2014, is amended to read as follows:
    22    § 223-b. Discrimination against a person [with a] who is deaf or  hard
    23  of  hearing [impairment] who has a hearing dog. No person who [has a] is
    24  deaf or hard of hearing [impairment] shall  be  denied  occupancy  in  a
    25  dwelling in any project or be subjected to eviction from any such dwell-
    26  ing on the sole ground that such person owns a hearing dog as defined in
    27  section  forty-seven-b  of the civil rights law, provided, however, that
    28  if after occupancy a health hazard results on account of such  dog,  the
    29  public health officer having jurisdiction may take such corrective meas-
    30  ures as may be appropriate.
    31    § 19. This act shall take effect immediately; provided that the amend-
    32  ments to section 92-a of the public service law, made by section five of
    33  this act, shall not affect the expiration and reversion of such section,
    34  and  shall  expire therewith when upon such date section six of this act
    35  shall take effect.
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