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REPEALED and subdivisions 31 and 32, as added by chapter 133 of the laws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.