senate Bill S4317

Signed By Governor
2013-2014 Legislative Session

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

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Archive: Last Bill Status Via A5788 - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 29, 2014 approval memo.29
signed chap.536
Dec 17, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.674
substituted for s4317
May 19, 2014 referred to investigations and government operations
delivered to senate
passed assembly
Jan 08, 2014 ordered to third reading cal.271
returned to assembly
died in senate
Jun 21, 2013 committed to rules
substitution reconsidered
Jun 04, 2013 3rd reading cal.315
substituted for s4317
Jun 18, 2014 substituted by a5788
May 19, 2014 advanced to third reading
May 14, 2014 2nd report cal.
May 13, 2014 1st report cal.674
Jan 08, 2014 referred to investigations and government operations
Jun 21, 2013 committed to rules
restored to third reading
substitution reconsidered
Jun 04, 2013 substituted by a5788
Apr 22, 2013 advanced to third reading
Apr 17, 2013 2nd report cal.
Apr 16, 2013 1st report cal.315
Mar 21, 2013 referred to investigations and government operations

Votes

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May 13, 2014 - Investigations and Government Operations committee Vote

S4317
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 13, 2014

Apr 16, 2013 - Investigations and Government Operations committee Vote

S4317
9
0
committee
9
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: Apr 16, 2013

Co-Sponsors

S4317 - Bill Details

See Assembly Version of this Bill:
A5788
Law Section:
Executive Law
Laws Affected:
Amd §§292 & 296, rpld §292 subs 32 & 33, Exec L; amd §47-b, Civ Rts L; amd §108, Ag & Mkts L; amd §147, Transp L; amd §223-b, Pub Hous L
Versions Introduced in 2011-2012 Legislative Session:
S5495B, A6816B

S4317 - Bill Texts

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

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BILL NUMBER:S4317

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 arid 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 term 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, hearing, or service, 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:

2011-12: S.5495-B Rules/A.6816-B Passed Assembly

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
________________________________________________________________________

                                  4317

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 21, 2013
                               ___________

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. 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.
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09655-01-3

S. 4317                             2

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-
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

S. 4317                             3

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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