S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9167

                          I N  A S S E M B L Y

                            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:

  Section  1.  Section 459-b of the social services law, as amended by 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, is amended to read as follows:
  S  459-b.  Residential  services  for victims of domestic violence. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the office of children  and  family  services,  a  social
services  district shall offer and provide necessary and available emer-
gency shelter and services for  up  to  ninety  days  at  a  residential
program  for  victims  of  domestic  violence  to  a  victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance. Two forty-five day extensions of necessary and avail-
able emergency shelter may be granted beyond the maximum length of  stay
at  a residential program for victims of domestic violence for residents
who continue to be in need of emergency services and temporary  shelter.
If  the victim of domestic violence has a service animal AS SUCH TERM IS
DEFINED IN SECTION ONE HUNDRED TWENTY-THREE-B  OF  THE  AGRICULTURE  AND
MARKETS  LAW,  or  therapy  dog  as  such [terms are] TERM IS defined in
section [123-b and section 108] ONE HUNDRED EIGHT of the agriculture and
markets law, respectively, such service animal or therapy dog  shall  be
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

pursuant to this section, SO LONG AS SUCH ACCOMPANIMENT WOULD NOT CREATE
AN UNDUE BURDEN AS DEFINED BY SECTION  TWO  HUNDRED  NINETY-SIX  OF  THE
EXECUTIVE LAW.
  WHERE  SUCH  ACCOMPANIMENT WOULD CONSTITUTE AN UNDUE BURDEN, THE RESI-
DENTIAL PROGRAM SHALL MAKE REASONABLE EFFORTS TO FACILITATE PLACEMENT OF
SUCH ANIMAL AT AN OFF-SITE ANIMAL CARE FACILITY OR IF REASONABLE EFFORTS
FAIL, PROVIDE REFERRAL TO ONE OR MORE OFF-SITE ANIMAL  CARE  FACILITIES.
SUCH  OFF-SITE  ANIMAL CARE MAY INCLUDE, BUT NOT BE LIMITED TO, BOARDING
AT A VETERINARY HOSPITAL OR UNDER THE AUSPICES OF  A  DULY  INCORPORATED
HUMANE  SOCIETY,  OR  DULY  INCORPORATED  ANIMAL  PROTECTION ASSOCIATION
APPROVED FOR SUCH PURPOSE BY THE DEPARTMENT OF AGRICULTURE AND MARKETS.
  NOTHING IN THIS SECTION SHALL BE CONSTRUED  TO  LIMIT  ANY  RIGHTS  OR
OBLIGATIONS PROVIDED PURSUANT TO FEDERAL OR STATE LAW, INCLUDING BUT NOT
LIMITED  TO  PROVIDING  REASONABLE  ACCOMMODATIONS  FOR INDIVIDUALS WITH
DISABILITIES.
  S 2. Section 2 of 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  in  residential programs, as
proposed in legislative bills numbers S.5372 and A.6626, is  amended  to
read as follows:
  S  2.  The  office  of  children  and family services is authorized to
promulgate any and all rules and regulations and take any other measures
necessary to implement this act ON OR BEFORE ITS EFFECTIVE DATE.
  S 3. Section 3 of 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  in  residential programs, as
proposed in legislative bills numbers S.5372 and A.6626, is  amended  to
read as follows:
  S  3. This act shall take effect [immediately] ONE YEAR AFTER THE DATE
ON WHICH IT SHALL HAVE BECOME A LAW.
  S 4. This act shall take effect immediately; provided,  however,  that
sections  one and two of this act shall take effect on the same date and
in the same manner as 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  in  residential programs, as
proposed in legislative bills numbers S.5372 and A.6626, takes effect.