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

                                  2003

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. CROUCH, KOLB, McKEVITT, BARCLAY, DUPREY, HAWLEY,
  OAKS, RAIA -- read once and referred to the Committee on  Governmental
  Operations

AN  ACT  to  amend the civil rights law, in relation to the training and
  socialization of guide dogs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 47-b of the civil rights law, as amended by chapter
404 of the laws of 1986, is amended to read as follows:
  S  47-b. Miscellaneous provisions. 1. Persons with a disability accom-
panied 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.  Blind
persons  shall, further, have the right to carry a cane in their immedi-
ate custody while exercising any of the rights and privileges set  forth
in this section.
  2.  No  person  or  legal  entity, public or private, shall attempt to
impose or maintain any direct or  indirect  additional  charge  for  the
admittance  of  a  guide  dog, hearing dog or service dog accompanying a
person with a disability, nor shall any conditions or  restrictions  not
specifically set forth in this article be imposed on the person's rights
as set forth herein.
  3.  Persons  qualified  to  train GUIDE DOGS, HEARING DOGS, OR SERVICE
dogs to aid and guide persons with a disability, [while engaged in  such
training  activities,]  INCLUDING  WALKING  THE  DOG  WHEN IT IS STILL A
PUPPY, shall have the same rights and privileges AS set  forth  IN  THIS
SECTION  for  persons with a disability [in this article], PROVIDED THAT
SUCH TRAINER IS  ENGAGED  IN  TRAINING  ACTIVITIES  WITH  THE  DOG;  AND
PROVIDED, FURTHER, THAT THE DOG MUST BE HELD ON A LEASH, MUST BE IDENTI-
FIED  BY WEARING A JACKET, VEST, COLLAR, OR OTHER ITEM WITH THE OFFICIAL

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

                                                           LBD06364-01-3

A. 2003                             2

LOGO OF THE SCHOOL OR FOUNDATION THAT  IS  TRAINING  THE  DOG,  AND  THE
PERSON  ACCOMPANYING  THE DOG MUST HAVE A CERTIFICATE FROM THE SCHOOL OR
FOUNDATION PROVING THAT SUCH DOG IS BEING TRAINED AS A GUIDE DOG,  HEAR-
ING  DOG, OR SERVICE DOG, IN ORDER FOR SUCH PERSON AND DOG TO BE ABLE TO
ENTER A PUBLIC FACILITY.
  4.  FOR PURPOSES OF THIS SECTION, THE TERM  "TRAINING"  SHALL  INCLUDE
RAISING  AND  SOCIALIZING  THE  PROSPECTIVE  GUIDE  DOG, HEARING DOG, OR
SERVICE DOG, WHICH OCCURS PRIOR TO THE DOG'S FORMALIZED GUIDE DOG TRAIN-
ING OR WALKING THE DOG DURING ITS FIRST YEAR WHILE SUCH DOG IS A PUPPY.
  5. The term "guide dog", "hearing dog" or "service dog" shall  mean  a
dog  which  is  properly harnessed and has been or is being trained by a
qualified person, to aid and guide a person with a disability.
  [5.] 6. For the purposes of this article the term  "disability"  shall
have  the  same  meaning  as  provided  for in subdivision twenty-one of
section two hundred ninety-two of the executive law.
  [6.] 7. Any law, rule, or regulation conflicting with any provision of
this article is, to the extent of  said  conflict  only,  deemed  to  be
superseded by the provisions of this article.
  S 2. This act shall take effect immediately.