senate Bill S5495B

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 print number 5495b
amend and recommit to investigations and government operations
Jun 15, 2012 print number 5495a
amend and recommit to investigations and government operations
Jan 04, 2012 referred to investigations and government operations
Jun 24, 2011 committed to rules
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
Jun 07, 2011 1st report cal.1122
May 25, 2011 referred to investigations and government operations

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S5495 - Bill Details

See Assembly Version of this Bill:
A6816B
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, rpld §292 sub 33, Exec L; amd §47-b, Civ Rts L; amd §108, Ag & Mkts L; amd §147, Transp L; amd §223-b, Pub Hous L

S5495 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5495

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to update and provide clarity to state
laws regarding people with disabilities and service animals.

SUMMARY OF PROVISIONS:
This bill would amend the Human Rights Law to define the term "service
animal," which would include, but would not be limited to, any guide,
hearing, or service dog. Those terms would have the same definition as
they are defined in the Civil Rights Law.

The bill would also clarify that a person engaged in training a dog to
aid a person with a disability has the same rights and privileges as
outlined in the Civil Rights Law as possessed by a person with a
disability.

Furthermore, the requirements that guide dogs, hearing dogs, service
dogs, and therapy dogs be owned and/or trained by a qualified person
or dog training center would be removed and the requirement that such
dogs be "properly harnessed" would be amended so that they would only
have to be "under the control of" a person with a disability.

Finally, the requirement that a tenant who has a hearing dog must
provide documentation of his or her impairment would be removed.

JUSTIFICATION:
It is important to update and clarify New York State laws regarding
service animals in order to reduce discrimination and allow those with
disabilities to better function in a least restrictive environment. In
addition, this bill brings New York State into compliance with federal
laws on this topic.

LEGISLATIVE HISTORY:
New bill.

FISCAL IMPLICATIONS:
None noted.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  5495

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

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

  Section 1. Subdivision 33 of section  292  of  the  executive  law  is
REPEALED and subdivisions 31 and 32, as added by chapter 133 of the laws
of 2007, are amended to read as follows:
  31.  The  term  ["guide  dog"  means  any dog that is trained to aid a
person who is blind by a recognized guide dog training center or profes-
sional guide dog  trainer,  and  is  actually  used  for  such  purpose]
"SERVICE  ANIMAL"  MEANS  ANY ANIMAL, INCLUDING, BUT NOT LIMITED TO, ANY
GUIDE, HEARING, OR SERVICE DOG, INDIVIDUALLY TRAINED TO DO  WORK  OR  TO
PERFORM TASKS FOR THE BENEFIT OF AN INDIVIDUAL WITH A DISABILITY.
  32. The term "GUIDE DOG", "hearing dog" [means any dog that is trained
to  aid  a  person with a hearing impairment by a recognized hearing dog
training center or professional hearing dog  trainer,  and  is  actually
used  for  such purpose] OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS
THOSE TERMS ARE DEFINED IN SUBDIVISION FOUR OF SECTION FORTY-SEVEN-B  OF
THE CIVIL RIGHTS LAW.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 133 of the laws of 2007, is amended to read as follows:
  14.  It  shall  be  an unlawful discriminatory practice for any person
engaged in any activity covered by this section to discriminate  against
a  blind  person, a hearing impaired person or a person with [a] ANOTHER
disability on the basis of his or her use of a guide dog, hearing dog or
service dog.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10337-02-1

S. 5495                             2

  S 3. Subdivisions 3 and 4 of section 47-b of the civil rights law,  as
amended  by  chapter  404  of  the  laws of 1986, are amended to read as
follows:
  3.  [Persons  qualified  to train dogs] A PERSON ENGAGED IN TRAINING A
DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
engaged in such training activities, AND A PERSON WITH A DISABILITY  FOR
WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
set forth for persons with a disability in this article.
  4.  The  term "guide dog", "hearing dog" or "service dog" shall mean a
dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE PERSON
USING OR TRAINING IT and has been or is being trained  [by  a  qualified
person,] to [aid and] guide OR OTHERWISE TO AID a person with a disabil-
ity.
  S  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
amended to read as follows:
  9. "Guide dog" means any dog that is trained to aid a  person  who  is
blind  and  is  actually  used  for such purpose, or any dog [owned by a
recognized guide dog training center located within  the  state]  during
the period such dog is being trained or bred for such purpose.
  21. "Hearing dog" means any dog that is trained to aid a person with a
hearing  impairment  and  is  actually used for such purpose, or any dog
[owned by a recognized training center located within the state]  during
the period such dog is being trained or bred for such purpose.
  22. "Service dog" means any dog that has been or is being individually
trained  to  do work or perform tasks for the benefit of a person with a
disability[, provided that the dog is or will be owned by such person or
that person's parent, guardian or other legal representative].
  26. "Therapy dog" means any dog that is trained to aid  the  emotional
and  physical health of patients in hospitals, nursing homes, retirement
homes and other settings and is actually used for such purpose,  or  any
dog  [owned  by  a  recognized training center located within the state]
during the period such dog is being trained or bred for such purpose.
  S 5. Section 147 of the transportation law, as amended by chapter  404
of the laws of 1986, is amended to read as follows:
  S 147. Dogs  accompanying  persons  with a disability. Subject to such
rules and regulations as the commissioner may prescribe, all common  and
contract  carriers  of  passengers by motor vehicle shall permit a guide
dog, hearing dog or service dog [properly harnessed, accompanying] UNDER
THE CONTROL OF a person with a disability,  as  defined  in  subdivision
twenty-one  of  section  two hundred ninety-two of the executive law, to
[aid and guide] ACCOMPANY, TO GUIDE, OR OTHERWISE TO AID such person, to
ride on all vehicles operated for transportation and no charge shall  be
made for the transportation of such dog.
  S  6. Section 223-b of the public housing law, as added by chapter 689
of the laws of 1980, is amended to read as follows:
  S 223-b. Discrimination against A  PERSON  WITH  A  hearing  [impaired
persons]  IMPAIRMENT  who  [have] HAS A hearing [dogs] DOG.  No [hearing
impaired] person who has a hearing impairment [manifested  by  a  speech
discrimination  score  of  forty  percent or less in the better ear with
appropriate correction as certified by a licensed audiologist or otorhi-
nolaryngologist as defined in section seven hundred  eighty-one  of  the
general business law, or a physician who has examined such person pursu-
ant to the provisions of section seven hundred eighty-four of such law,]

S. 5495                             3

shall  be  denied occupancy in a dwelling in any project or be subjected
to eviction from any such dwelling on the sole ground that  such  person
owns  a hearing dog, provided, however, that if after occupancy a health
hazard  results on account of such dog, the public health officer having
jurisdiction may take such corrective measures as may be appropriate.
  S 7. This act shall take effect immediately.

S5495A - Bill Details

See Assembly Version of this Bill:
A6816B
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, rpld §292 sub 33, Exec L; amd §47-b, Civ Rts L; amd §108, Ag & Mkts L; amd §147, Transp L; amd §223-b, Pub Hous L

S5495A - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5495A

TITLE OF BILL:
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

PURPOSE: The purpose of this bill is to update and
provide clarity to
state laws regarding people with disabilities and service animals.

SUMMARY OF PROVISIONS:
This bill would amend the Human Rights Law to define the term "hearing
dog" or "service dog" shall have the same meaning as those terms are
defined in section forty-seven-b of the civil rights law.

"Service dog" means any dog under the control 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.

The bill would also clarify that a person engaged in training a dog to
aid a person with a disability has the same rights and privileges as
outlined in the Civil Rights Law as possessed by a person with a
disability.

Furthermore, the requirements that guide dogs, hearing dogs, service
dogs, and therapy dogs be owned and/or trained by a qualified person
or dog training center would be removed and the requirement that such
dogs be "properly harnessed" would be amended so that they would only
have to be "under the control of" a person with a disability.

Finally, the requirement that a tenant who has a hearing dog must
provide documentation of his or her impairment would be removed.

JUSTIFICATION: It is important to update and clarify
New York State
laws regarding service animals in order to reduce discrimination and
allow those with disabilities to better function in a least
restrictive environment. In addition, this bill brings New York State
into compliance with federal laws on this topic.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: This act shall take effect immediately

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5495--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

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:

  Section  1.  Subdivision  33  of  section  292 of the executive law is
REPEALED and subdivision 31, as added by chapter  133  of  the  laws  of
2007, is amended to read as follows:
  31.  The  term  "guide  dog"  [means  any dog that is trained to aid a
person who is blind by a recognized guide dog training center or profes-
sional guide dog trainer, and is actually used for such purpose], "HEAR-
ING DOG" OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE
DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 133 of the laws of 2007, is amended to read as follows:
  14. It shall be an unlawful discriminatory  practice  for  any  person
engaged  in any activity covered by this section to discriminate against
a blind person, a hearing impaired person or a person with  [a]  ANOTHER
disability on the basis of his or her use of a guide dog, hearing dog or
service dog.
  S  3. Subdivisions 3 and 4 of section 47-b of the civil rights law, as
amended by chapter 404 of the laws of 1986, are amended and a new subdi-
vision 7 is added to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10337-06-2

S. 5495--A                          2

  3. [Persons qualified to train dogs] A PERSON ENGAGED  IN  TRAINING  A
DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
engaged  in such training activities, AND A PERSON WITH A DISABILITY FOR
WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
set forth for persons with a disability in this article.
  4.  The  term  "guide  dog", OR "hearing dog" [or "service dog"] shall
mean a dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE
PERSON USING OR TRAINING IT and has been or is being trained [by a qual-
ified person,] to [aid and] guide OR OTHERWISE TO AID a  person  with  a
disability.
  7.  "SERVICE  DOG" MEANS ANY DOG UNDER THE CONTROL 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  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
amended to read as follows:
  9. "Guide dog" means any dog that is trained to aid a  person  who  is
blind  and  is  actually  used  for such purpose, or any dog [owned by a
recognized guide dog training center located within  the  state]  during
the period such dog is being trained or bred for such purpose.
  21. "Hearing dog" means any dog that is trained to aid a person with a
hearing  impairment  and  is  actually used for such purpose, or any dog
[owned by a recognized training center located within the state]  during
the period such dog is being trained or bred for such purpose.
  22. "Service dog" means any dog that has been or is being individually
trained  to  do work or perform tasks for the benefit of a person with a
disability[, provided that the dog is or will be owned by such person or
that person's parent, guardian or other legal representative].
  26. "Therapy dog" means any dog that is trained to aid  the  emotional
and  physical health of patients in hospitals, nursing homes, retirement
homes and other settings and is actually used for such purpose,  or  any
dog  [owned  by  a  recognized training center located within the state]
during the period such dog is being trained or bred for such purpose.
  S 5. Section 147 of the transportation law, as amended by chapter  404
of the laws of 1986, is amended to read as follows:
  S 147. Dogs  accompanying  persons  with a disability. Subject to such
rules and regulations as the commissioner may prescribe, all common  and
contract  carriers  of  passengers by motor vehicle shall permit a guide
dog, hearing dog or service dog  [properly  harnessed,]  AS  DEFINED  IN
SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW accompanying a person with
a  disability,  as  defined  in  subdivision  twenty-one  of section two
hundred ninety-two of the executive law, to [aid and  guide]  ACCOMPANY,
TO GUIDE, OR OTHERWISE TO AID such person, to ride on all vehicles oper-
ated  for transportation and no charge shall be made for the transporta-
tion of such dog.
  S 6. Section 223-b of the public housing law, as added by chapter  689
of the laws of 1980, is amended to read as follows:
  S  223-b.  Discrimination  against  A  PERSON WITH A hearing [impaired
persons] IMPAIRMENT who [have] HAS A hearing [dogs] DOG.    No  [hearing
impaired]  person  who  has a hearing impairment [manifested by a speech
discrimination score of forty percent or less in  the  better  ear  with
appropriate correction as certified by a licensed audiologist or otorhi-
nolaryngologist  as  defined  in section seven hundred eighty-one of the
general business law, or a physician who has examined such person pursu-

S. 5495--A                          3

ant to the provisions of section seven hundred eighty-four of such law,]
shall be denied occupancy in a dwelling in any project or  be  subjected
to  eviction  from any such dwelling on the sole ground that such person
owns  a  hearing  dog  AS  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL
RIGHTS LAW, provided, however, that if after occupancy a  health  hazard
results  on account of such dog, the public health officer having juris-
diction may take such corrective measures as may be appropriate.
  S 7. This act shall take effect immediately.

S5495B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6816B
Current Committee:
Senate Investigations And Government Operations
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, rpld §292 sub 33, Exec L; amd §47-b, Civ Rts L; amd §108, Ag & Mkts L; amd §147, Transp L; amd §223-b, Pub Hous L

S5495B (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S5495B

TITLE OF BILL:
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

PURPOSE:
The purpose of this bill is to update and provide clarity to
state laws regarding people with disabilities and service animals.

SUMMARY OF PROVISIONS:

This bill would amend the Human Rights Law to define the term "hearing
dog" or "service dog" shall have the same meaning as those terms are
defined in section forty-seven-b of the civil rights law.

"Service dog" means any dog under the control 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.

The bill would also clarify that a person engaged in training a dog to
aid a person with a disability has the same rights and privileges as
outlined in the Civil Rights Law as possessed by a person with a
disability.

Furthermore, the requirements that guide dogs, hearing dogs, service
dogs, and therapy dogs be owned and/or trained by a qualified person
or dog training center would be removed and the requirement that such
dogs be "properly harnessed" would be amended so that they would only
have to be "under the control of" a person with a disability.

Finally, the requirement that a tenant who has a hearing dog must
provide documentation of his or her impairment would be removed.

JUSTIFICATION:
It is important to update and clarify
New York State
laws regarding service animals in order to reduce discrimination and
allow those with disabilities to better function in a least
restrictive environment. In addition, this bill brings New York State
into compliance with federal laws on this topic.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately


view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5495--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              May 25, 2011
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Investigations  and
  Government  Operations  --  recommitted  to  the Committee on Investi-
  gations and Government Operations in accordance with  Senate  Rule  6,
  sec.  8  --  committee  discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

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:

  Section  1. Subdivisions 32 and 33 of section 292 of the executive law
are REPEALED and subdivision 31, as added by chapter 133 of the laws  of
2007, is amended to read as follows:
  31.  The  term  "guide  dog"  [means  any dog that is trained to aid a
person who is blind by a recognized guide dog training center or profes-
sional guide dog trainer, and is actually used for such purpose], "HEAR-
ING DOG" OR "SERVICE DOG" SHALL HAVE THE SAME MEANING AS THOSE TERMS ARE
DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 133 of the laws of 2007, is amended to read as follows:
  14. It shall be an unlawful discriminatory  practice  for  any  person
engaged  in any activity covered by this section to discriminate against
a blind person, a hearing impaired person or a person with  [a]  ANOTHER
disability on the basis of his or her use of a guide dog, hearing dog or
service dog.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10337-07-2

S. 5495--B                          2

  S  3. Subdivisions 3 and 4 of section 47-b of the civil rights law, as
amended by chapter 404 of the laws of 1986, are amended and a new subdi-
vision 7 is added to read as follows:
  3.  [Persons  qualified  to train dogs] A PERSON ENGAGED IN TRAINING A
DOG to [aid and] guide OR OTHERWISE AID persons with a disability, while
engaged in such training activities, AND A PERSON WITH A DISABILITY  FOR
WHOM THE DOG IS BEING TRAINED, shall have the same rights and privileges
set forth for persons with a disability in this article.
  4.  The  term  "guide  dog", OR "hearing dog" [or "service dog"] shall
mean a dog [which] THAT is [properly harnessed] UNDER THE CONTROL OF THE
PERSON USING OR TRAINING IT and has been or is being trained [by a qual-
ified person,] to [aid and] guide OR OTHERWISE TO AID a  person  with  a
disability.
  7.  "SERVICE  DOG" MEANS ANY DOG UNDER THE CONTROL 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  4.  Subdivisions 9, 21, 22 and 26 of section 108 of the agriculture
and markets law, subdivisions 9 and 21 as amended by chapter 404 of  the
laws  of  1986,  subdivision  22 as amended by chapter 39 of the laws of
2002 and subdivision 26 as added by chapter 558 of the laws of 2002, are
amended to read as follows:
  9. "Guide dog" means any dog that is trained to aid a  person  who  is
blind  and  is  actually  used  for such purpose, or any dog [owned by a
recognized guide dog training center located within  the  state]  during
the period such dog is being trained or bred for such purpose.
  21. "Hearing dog" means any dog that is trained to aid a person with a
hearing  impairment  and  is  actually used for such purpose, or any dog
[owned by a recognized training center located within the state]  during
the period such dog is being trained or bred for such purpose.
  22. "Service dog" means any dog that has been or is being individually
trained  to  do work or perform tasks for the benefit of a person with a
disability[, provided that the dog is or will be owned by such person or
that person's parent, guardian or other legal representative].
  26. "Therapy dog" means any dog that is trained to aid  the  emotional
and  physical health of patients in hospitals, nursing homes, retirement
homes and other settings and is actually used for such purpose,  or  any
dog  [owned  by  a  recognized training center located within the state]
during the period such dog is being trained or bred for such purpose.
  S 5. Section 147 of the transportation law, as amended by chapter  404
of the laws of 1986, is amended to read as follows:
  S 147. Dogs  accompanying  persons  with a disability. Subject to such
rules and regulations as the commissioner may prescribe, all common  and
contract  carriers  of  passengers by motor vehicle shall permit a guide
dog, hearing dog or service dog  [properly  harnessed,]  AS  DEFINED  IN
SECTION FORTY-SEVEN-B OF THE CIVIL RIGHTS LAW accompanying a person with
a  disability,  as  defined  in  subdivision  twenty-one  of section two
hundred ninety-two of the executive law, to [aid and  guide]  ACCOMPANY,
TO GUIDE, OR OTHERWISE TO AID such person, to ride on all vehicles oper-
ated  for transportation and no charge shall be made for the transporta-
tion of such dog.
  S 6. Section 223-b of the public housing law, as added by chapter  689
of the laws of 1980, is amended to read as follows:
  S  223-b.  Discrimination  against  A  PERSON WITH A hearing [impaired
persons] IMPAIRMENT who [have] HAS A hearing [dogs] DOG.    No  [hearing
impaired]  person  who  has a hearing impairment [manifested by a speech
discrimination score of forty percent or less in  the  better  ear  with

S. 5495--B                          3

appropriate correction as certified by a licensed audiologist or otorhi-
nolaryngologist  as  defined  in section seven hundred eighty-one of the
general business law, or a physician who has examined such person pursu-
ant to the provisions of section seven hundred eighty-four of such law,]
shall  be  denied occupancy in a dwelling in any project or be subjected
to eviction from any such dwelling on the sole ground that  such  person
owns  a  hearing  dog  AS  DEFINED IN SECTION FORTY-SEVEN-B OF THE CIVIL
RIGHTS LAW, provided, however, that if after occupancy a  health  hazard
results  on account of such dog, the public health officer having juris-
diction may take such corrective measures as may be appropriate.
  S 7. This act shall take effect immediately.

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