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

                                  5788

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by  M.  of  A.  BENEDETTO  --  read once and referred to the
  Committee on Governmental 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are REPEALED and subdivision 31, as added by chapter 133 of the laws  of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
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-

              

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

A. 5788                             2

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
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.