NY State Senate Bill 2015-S1314A

Senate Bill S1314A

Signed By Governor

2015-2016 Legislative Session

Relates to service animals, guide dogs, hearing dogs or service dogs; repealer

download bill text pdf

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 13, 2015	signed chap.141
Aug 03, 2015	delivered to governor
Mar 09, 2015	returned to senate passed assembly ordered to third reading cal.63 substituted for a876a
Mar 04, 2015	referred to governmental operations delivered to assembly passed senate
Jan 21, 2015	amended on third reading 1314a
Jan 12, 2015	ordered to third reading cal.11
Jan 09, 2015	referred to rules

Votes

- Mar 4, 2015 - Floor Vote
  S1314A
  
  61
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 4, 2015
      
      aye (61)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Espaillat
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      excused (2)
      
      Libous
      
      Nozzolio
  Jan 12, 2015 - Rules Committee Vote
  S1314A
  
  24
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 12, 2015
      
      aye (24)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      excused (1)
      
      Parker

Bill Amendments

Original

A (Active)

2015-S1314 - Details

See Assembly Version of this Bill:: A876
Law Section:: Executive Law
Laws Affected:: Rpld §292 sub 31, amd §296, Exec L; amd §47-b, Civ Rts L

2015-S1314 - Summary

Relates to service animals, guide dogs, hearing dogs or service dogs.

2015-S1314 - Sponsor Memo

                                BILL NUMBER:S1314

TITLE OF BILL:

An act to amend the executive law and the civil rights law, in
relation to service animals, guide dogs, hearing dogs or service dogs;
and to repeal certain provisions of the executive law relating thereto

PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to amend chapter 536 of the laws of 2014
pursuant to approval memo number 29 of 2014.

SUMMARY OF SPECIFIC PROVISIONS:

Section one repeals subdivision 31 of section 292 of the executive
law, which defines the terms "guide dog", "hearing dog" or "service
dog" to have the same meaning as those terms are defined in section
forty-seven-b of the civil rights law.

Section two amends subdivision 14 of section 296 of the executive law
to clarify that for the workplace it shall be an unlawful
discriminatory practice to deny access or otherwise discriminate
against persons with disabilities on the basis that they are
accompanied by a dog that has been professionally trained to assist a
person with a disability.

Section three amends paragraph (d) of subdivision 2 of section 296 of
the executive law to add a definition of "reasonable modifications in
policies, practices, procedures" to make New York State law consistent
with the Americans with Disabilities Act in terms of public
accommodations.

Section four amends subdivisions one, four, and seven of section 47-b
of the civil rights law to clarify that in instances of employment,
service dogs accompanying persons with a disability need to be trained
by a qualified person and to define "guide dog", "hearing dog", and
"service dog" to be consistent with the Americans with Disabilities
Act.

JUSTIFICATION:

This bill ensures that New York State laws are more consistent with
federal law related to service dogs, and would ensure that service
dogs in the workplace have been trained by a qualified person.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

EFFECTIVE DATE:


This act shall take effect immediately and shall be deemed to have
been in full force and effect on the same date chapter 536 of the laws
of 2014 took effect.

2015-S1314 - Bill Text download pdf

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

                                  1314

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules

AN ACT to amend the executive law and the civil rights 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:

  Section  1.  Subdivision  31  of  section  292 of the executive law is
REPEALED.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 536 of the laws of 2014, is amended to read as follows:
  14. [It] IN ADDITION TO REASONABLE MODIFICATIONS  IN  POLICIES,  PRAC-
TICES,  OR  PROCEDURES,  INCLUDING THOSE DEFINED IN SUBPARAGRAPH (IV) OF
PARAGRAPH (D) OF SUBDIVISION TWO OF THIS SECTION OR REASONABLE  ACCOMMO-
DATIONS  FOR  PERSONS  WITH  DISABILITIES  AS OTHERWISE PROVIDED IN THIS
SECTION, INCLUDING THE USE OF AN ANIMAL AS A  REASONABLE  ACCOMMODATION,
IT  shall  be an unlawful discriminatory practice for any person engaged
in any activity covered by this section TO DENY ACCESS OR  OTHERWISE  to
discriminate  against  a  blind  person,  a hearing impaired person or a
person with another disability [on the basis of his  or  her  use  of  a
guide dog, hearing dog or service dog]  BECAUSE HE OR SHE IS ACCOMPANIED
BY A DOG THAT HAS BEEN TRAINED TO WORK OR PERFORM SPECIFIC TASKS FOR THE
BENEFIT  OF  SUCH  PERSON  BY  A  PROFESSIONAL GUIDE DOG, HEARING DOG OR
SERVICE DOG TRAINING CENTER OR PROFESSIONAL GUIDE DOG,  HEARING  DOG  OR
SERVICE  DOG TRAINER, OR TO DISCRIMINATE AGAINST SUCH PROFESSIONAL GUIDE
DOG, HEARING DOG OR SERVICE DOG TRAINER ENGAGED IN SUCH  TRAINING  OF  A
DOG FOR USE BY A PERSON WITH A DISABILITY, WHETHER OR NOT ACCOMPANIED BY
THE PERSON FOR WHOM THE DOG IS BEING TRAINED.
  S  3.  Paragraph  (d) of subdivision 2 of section 296 of the executive
law, as added by chapter 394 of the laws of 2007, is amended by adding a
new subparagraph (iv) to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07412-01-5

S. 1314                             2

  (IV) "REASONABLE MODIFICATIONS  IN  POLICIES,  PRACTICES,  PROCEDURES"
INCLUDES  MODIFICATION TO PERMIT THE USE OF A SERVICE ANIMAL BY A PERSON
WITH A DISABILITY, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING  THE
AMERICANS WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C).
  S  4. Subdivisions 1, 4 and 7 of section 47-b of the civil rights law,
subdivision 1 as amended by chapter 404 of the laws of 1986 and subdivi-
sion 4 as amended and subdivision 7 as added by chapter 536 of the  laws
of 2014, are amended to read as follows:
  1.  Persons  with a disability accompanied by guide dogs, hearing dogs
or service dogs shall be guaranteed the right to have such dogs in their
immediate custody while exercising any of the rights and privileges  set
forth in this article, PROVIDED THAT IN INSTANCES OF EMPLOYMENT PURSUANT
TO SECTION FORTY-SEVEN-A OF THIS ARTICLE, SUCH DOG HAS BEEN TRAINED BY A
QUALIFIED PERSON.  Blind persons shall, further, have the right to carry
a cane in their immediate custody while exercising any of the rights and
privileges set forth in this section.
  4.  The  term  "guide  dog", or "hearing dog" shall mean a dog that is
under the control, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING  THE
AMERICANS  WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C), of the
person using or training it and has been or is being trained to guide or
otherwise to aid a person with a disability.
  7. "Service dog" means any dog  under  the  control,  CONSISTENT  WITH
FEDERAL  REGULATIONS  IMPLEMENTING  THE AMERICANS WITH DISABILITIES ACT,
TITLE III, AT 28 CFR 36.301(C), of the person using or training it,  and
that  has  been  or  is being individually trained to do work or perform
tasks for the benefit of a person with a disability.
  S 5. This act shall take effect immediately and  shall  be  deemed  to
have  been  in full force and effect on the same date chapter 536 of the
laws of 2014 took effect.

2015-S1314A (ACTIVE) - Details

See Assembly Version of this Bill:: A876
Law Section:: Executive Law
Laws Affected:: Rpld §292 sub 31, amd §296, Exec L; amd §47-b, Civ Rts L

2015-S1314A (ACTIVE) - Summary

Relates to service animals, guide dogs, hearing dogs or service dogs.

2015-S1314A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1314A

TITLE OF BILL:  An act to amend the executive law and the civil rights
law, in relation to service animals, guide dogs, hearing dogs or
service dogs; and to repeal certain provisions of the executive law
relating thereto

PURPOSE:

The purpose of this bill is to amend chapter 536 of the laws of 2014
pursuant to approval memo number 29 of 2014.

SUMMARY OF PROVISIONS:

Section one repeals subdivision 31 of section 292 of the executive
law, which defines the terms "guide dog", "hearing dog" or "service
dog" to have the same meaning as those terms are defined in section
forty-seven-b of the civil rights law.

Section two amends subdivision 14 of section 296 of the executive law
to clarify that for the workplace it shall be an unlawful
discriminatory practice to deny access or otherwise discriminate
against persons with disabilities on the basis that they are
accompanied by a dog that has been professionally trained to assist a
person with a disability.

Section three amends paragraph (d) of subdivision 2 of section 296 of
the executive law to add a definition of "reasonable modifications in
policies, practices, procedures" to make New York State law consistent
with the Americans with Disabilities Act in terms of public
accommodations.

Section four amends subdivisions one, four, and seven of section 47-b
of the civil rights law to clarify that in instances of employment,
service dogs accompanying persons with a disability need to be trained
by a qualified person and to define "guide dog", "hearing dog", and
"service dog" to be consistent with the Americans with Disabilities
Act.

JUSTIFICATION:

This bill ensures that New York State laws are more consistent with
federal law related to service dogs, and would ensure that service
dogs in the workplace have been trained by a qualified person.

LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:


This act shall take effect immediately and shall be deemed to have
been in full force and effect on the same date chapter 536 of the laws
of 2014 took effect.

2015-S1314A (ACTIVE) - Bill Text download pdf

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

                                 1314--A
    Cal. No. 11

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 9, 2015
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on Rules -- ordered to a
  third reading, amended and ordered reprinted, retaining its  place  in
  the order of third reading

AN  ACT to amend the executive law and the civil rights 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:

  Section 1. Subdivision 31 of section  292  of  the  executive  law  is
REPEALED.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 536 of the laws of 2014, is amended to read as follows:
  14.  [It]  IN  ADDITION TO REASONABLE MODIFICATIONS IN POLICIES, PRAC-
TICES, OR PROCEDURES, INCLUDING THOSE DEFINED IN  SUBPARAGRAPH  (IV)  OF
PARAGRAPH  (D) OF SUBDIVISION TWO OF THIS SECTION OR REASONABLE ACCOMMO-
DATIONS FOR PERSONS WITH DISABILITIES  AS  OTHERWISE  PROVIDED  IN  THIS
SECTION,  INCLUDING  THE USE OF AN ANIMAL AS A REASONABLE ACCOMMODATION,
IT shall be an unlawful discriminatory practice for any  person  engaged
in  any  activity covered by this section TO DENY ACCESS OR OTHERWISE to
discriminate against a blind person, a  hearing  impaired  person  or  a
person  with  another  disability  [on  the basis of his or her use of a
guide dog, hearing dog or service dog]  BECAUSE HE OR SHE IS ACCOMPANIED
BY A DOG THAT HAS BEEN TRAINED TO WORK OR PERFORM SPECIFIC TASKS FOR THE
BENEFIT OF SUCH PERSON BY A  PROFESSIONAL  GUIDE  DOG,  HEARING  DOG  OR
SERVICE  DOG  TRAINING  CENTER OR PROFESSIONAL GUIDE DOG, HEARING DOG OR
SERVICE DOG TRAINER, OR TO DISCRIMINATE AGAINST SUCH PROFESSIONAL  GUIDE
DOG,  HEARING  DOG  OR SERVICE DOG TRAINER ENGAGED IN SUCH TRAINING OF A
DOG FOR USE BY A PERSON WITH A DISABILITY, WHETHER OR NOT ACCOMPANIED BY
THE PERSON FOR WHOM THE DOG IS BEING TRAINED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07412-02-5

S. 1314--A                          2

  S 3. Paragraph (d) of subdivision 2 of section 296  of  the  executive
law is amended by adding a new subparagraph (iv) to read as follows:
  (IV)  "REASONABLE  MODIFICATIONS  IN  POLICIES, PRACTICES, PROCEDURES"
INCLUDES MODIFICATION TO PERMIT THE USE OF A SERVICE ANIMAL BY A  PERSON
WITH  A DISABILITY, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING THE
AMERICANS WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C).
  S 4. Subdivisions 1, 4 and 7 of section 47-b of the civil rights  law,
subdivision 1 as amended by chapter 404 of the laws of 1986 and subdivi-
sion  4 as amended and subdivision 7 as added by chapter 536 of the laws
of 2014, are amended to read as follows:
  1. Persons with a disability accompanied by guide dogs,  hearing  dogs
or service dogs shall be guaranteed the right to have such dogs in their
immediate  custody while exercising any of the rights and privileges set
forth in this article, PROVIDED THAT IN INSTANCES OF EMPLOYMENT PURSUANT
TO SECTION FORTY-SEVEN-A OF THIS ARTICLE, SUCH DOG HAS BEEN TRAINED BY A
QUALIFIED PERSON.  Blind persons shall, further, have the right to carry
a cane in their immediate custody while exercising any of the rights and
privileges set forth in this section.
  4. The term "guide dog", or "hearing dog" shall mean  a  dog  that  is
under  the control, CONSISTENT WITH FEDERAL REGULATIONS IMPLEMENTING THE
AMERICANS WITH DISABILITIES ACT, TITLE III, AT 28 CFR 36.302(C), of  the
person using or training it and has been or is being trained to guide or
otherwise to aid a person with a disability.
  7.  "Service  dog"  means  any  dog under the control, CONSISTENT WITH
FEDERAL REGULATIONS IMPLEMENTING THE AMERICANS  WITH  DISABILITIES  ACT,
TITLE  III, AT 28 CFR 36.302(C), of the person using or training it, and
that has been or is being individually trained to  do  work  or  perform
tasks for the benefit of a person with a disability.
  S  5.  This  act  shall take effect immediately and shall be deemed to
have been in full force and effect on the same date chapter 536  of  the
laws of 2014 took effect.

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