NY State Senate Bill 2015-S6031A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 02, 2016	reported and committed to finance
Jan 06, 2016	referred to investigations and government operations
Aug 24, 2015	print number 6031a
Aug 24, 2015	amend and recommit to rules
Aug 10, 2015	referred to rules

Votes

- Jun 2, 2016 - Investigations And Government Operations Committee Vote
  S6031A
  
  Aye
  
  7
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Investigations And Government Operations Committee Vote: Jun 2, 2016
      
      aye (7)
      
      Carlucci
      
      Golden
      
      Hoylman-Sigal
      
      Lanza
      
      Nozzolio
      
      O'Mara
      
      Squadron
      
      aye wr (1)
      
      Murphy
      
      excused (1)
      
      Diaz

Bill Amendments

Original

A (Active)

2015-S6031 - Details

See Assembly Version of this Bill:: A8705
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§292, 296 & 356, Exec L; amd §108, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5080, A7083
2019-2020: S2705

2015-S6031 - Summary

Relates to therapy dogs and cats for persons with a disability.

2015-S6031 - Sponsor Memo

                                BILL NUMBER:S6031          REVISED 08/13/2015

TITLE OF BILL:  An act to amend the executive law and the agriculture
and markets law, in relation to therapy dogs and cats for persons with
disabilities

PURPOSE:

This bill provides that persons with disabilities may not be subjected
to housing discrimination for living with a therapy dog or cat.

SUMMARY OF PROVISIONS:

Section 1: amends subdivision 21 of section 292 of the executive law
to include that a condition which substantially limits one or more of
a person's major life activities is a disability.

Major life activities include a list of human functions, both
operative and cognitive, as well as bodily functions.

Section 2: amends subdivision of section 296 of the executive law to
include service dogs of any breed and therapy dogs or cats within the
class of animals protected from unlawful discriminatory practices.

Section 3: amends subdivision 26 of section 108 of the agriculture and
markets law to include therapy cats within the existing definition of

therapy dogs and to include personal residences within places therapy
dogs and cats are protected.

Section 4: amends subdivision 1 of section 356 of the executive law to
include housing services, not limited to instances of discrimination,
within the state veterans' service agency's powers and duties to
inform.

Section 5: effective date.

JUSTIFICATION:

The federal Fair Housing Act (42 USC 3602, et seq) protects persons
with a disability from housing discrimination based on that
disability. While New York State Human Rights Law has recognized many
of these protections, individuals with disabilities, especially
returning veterans suffering from post-traumatic stress disorder.
(PTSD) who rely on medically-prescribed therapy dogs or cats, are
still being denied housing or are being forced to leave adequate
housing due to the presence of their therapy animal in the home.

Federal and state agencies charged with implementing the Fair Housing
Act (including the NY Attorney General's Civil Rights Bureau, NYS
Division of Human Rights, and U.S. Department of Justice) have
recognized that individuals with therapy and emotional support animals
must be reasonably accommodated. Yet, veterans living with PTS
throughout New York state are targeted for their therapy dogs and cats
and denied otherwise publicly-available housing.


According to a 2011 RAND Corporation study, PTSD or combat-related
depression affects approximately 22 percent of Iraq and Afghanistan
veterans.

(1) In another report, according to Veteran's Affairs facilities,
roughly 30 percent of post-9/11 veterans treated at these medical
departments have screened positive for PTSD. (2) Finally, a Stanford
University study projects that in the coming years, upwards of 35
percent of all veterans of Iraq and Afghanistan will suffer from PTSD
and other mental illnesses following their deployment.  (3) These
figures affect people from every part of New York State. This
legislation is in response toconcerns raised by a local veterans
services agency regarding the denial of housing or an eviction based
on the presence of a therapy dog or cat in the home, which is often
utilized in a treatment plan for veterans with PTSD. These local
heroes may then face homelessness or must rely on the nearest VA
hospital for housing until they can find a place that will accomodate
their therapy dog or cat, which provides them with critical therapy
and support.

In order to correct this injustice and close this loophole, this
legislation codifies outlying portions of the federal Fair Housing Act
into New York State law to afford more complete, explicit protections
on not only persons with disabilities, but particularly veterans
suffering from PTSD. After these young men and women serve our
country, it is our duty to protect their right to be safely and
adequately housed when they return home.

(1) http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/
RAND_TR920.pdf

(2) http://www.militarytimes,com/story/military/benefits/healthcare/
2015/05/10/ptsd-service-dogs-va-perdue/70944650/

(3)
http://www.gillibrand.senate.gov/imo/media/doc/Sen.%20Gillibrand%20
PTSD%20and%20TBI%20Report.pdf

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S6031 - Bill Text download pdf

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

                                  6031

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 10, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the executive law and the agriculture and  markets  law,
  in relation to therapy dogs and cats for persons with disabilities

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

  Section 1. Subdivision 21 of section 292  of  the  executive  law,  as
amended  by  chapter  269  of  the  laws  of 1997, is amended to read as
follows:
  21. The term "disability" means (a)  a  physical,  mental  or  medical
impairment  resulting  from anatomical, physiological, genetic or neuro-
logical conditions which prevents the exercise of a normal bodily  func-
tion,  SUBSTANTIALLY  LIMITS  ONE  OR  MORE  OF SUCH PERSON'S MAJOR LIFE
ACTIVITIES, or is demonstrable by medically accepted clinical or labora-
tory diagnostic techniques or (b) a record of such an impairment or  (c)
a condition regarded by others as such an impairment, provided, however,
that in all provisions of this article dealing with employment, the term
shall be limited to disabilities which, upon the provision of reasonable
accommodations,  do  not  prevent  the  complainant from performing in a
reasonable manner the activities  involved  in  the  job  or  occupation
sought  or  held.    FOR PURPOSES OF THIS SECTION, MAJOR LIFE ACTIVITIES
INCLUDE, BUT ARE NOT LIMITED TO, CARING FOR ONESELF,  PERFORMING  MANUAL
TASKS,  SEEING,  HEARING,  EATING, SLEEPING, WALKING, STANDING, LIFTING,
BENDING, SPEAKING, BREATHING, LEARNING, READING,  CONCENTRATING,  THINK-
ING,  COMMUNICATING, AND WORKING. MAJOR LIFE ACTIVITIES ALSO INCLUDE THE
OPERATION OF A MAJOR BODILY FUNCTION,  INCLUDING  BUT  NOT  LIMITED  TO,
FUNCTIONS  OF  THE  IMMUNE SYSTEM, NORMAL CELL GROWTH, DIGESTIVE, BOWEL,
BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY,  ENDOCRINE,  AND
REPRODUCTIVE FUNCTIONS.
  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 536 of the laws of 2014, is amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11819-01-5

S. 6031                             2

  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 another disa-
bility  on  the  basis  of his or her use of a guide dog, hearing dog or
service dog, REGARDLESS OF BREED, OR ANY OTHER THERAPY DOG OR CAT.
  S 3. Subdivision 26 of section 108 of the agriculture and markets law,
as  amended  by  chapter  536 of the laws of 2014, is amended to read as
follows:
  26. "Therapy dog OR CAT" means any dog OR CAT that is trained  to  aid
the  emotional  and  physical  health  of patients in hospitals, nursing
homes, retirement homes, PERSONAL RESIDENCES, and other settings and  is
actually used for such purpose, or any dog OR CAT during the period such
dog OR CAT is being trained or bred for such purpose.
  S  4.  Subdivision 1 of section 356 of the executive law is amended to
read as follows:
  1. A state veterans' service agency established by the division pursu-
ant to this article shall have power and it shall be its duty to  inform
military  and  naval authorities of the United States and assist members
of the armed forces and veterans, who are residents of this  state,  and
their  families,  in  relation  to (1) matters pertaining to educational
training and retraining services and facilities, (2) health, medical and
rehabilitation services and facilities, (3) provisions of federal, state
and local laws and regulations affording special rights  and  privileges
to  members of the armed forces and war veterans and their families, (4)
employment  and  re-employment  services,  [and]  (5)  HOUSING  SERVICES
INCLUDING  BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6) other
matters of similar, related or appropriate nature. The  state  veterans'
service  agency  also shall perform such other duties as may be assigned
by the state director.
  S 5. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2015-S6031A (ACTIVE) - Details

See Assembly Version of this Bill:: A8705
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Amd §§292, 296 & 356, Exec L; amd §108, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S5080, A7083
2019-2020: S2705

2015-S6031A (ACTIVE) - Summary

Relates to therapy dogs and cats for persons with a disability.

2015-S6031A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6031A

TITLE OF BILL:

An act to amend the executive law and the agriculture and markets law,
in relation to therapy dogs and cats for persons with disabilities

PURPOSE:

This bill provides that persons with disabilities may not be subjected
to housing discrimination for living with a therapy dog or cat.

SUMMARY OF PROVISIONS:

Section 1: amends subdivision 21 of section 292 of the executive law
to include that a condition which substantially limits one or more of
a person's major life activities is a disability.

Major life activities include a list of human functions, both
operative and cognitive, as well as bodily functions.

Section 2: amends subdivision of section 296 of the executive law to
include service dogs of any breed and therapy dogs or cats within the
class of animals protected from unlawful discriminatory practices.

Section 3: amends subdivision 26 of section 108 of the agriculture and

markets law to include therapy cats within the existing definition of
therapy dogs and to include personal residences within places therapy
dogs and cats are protected.

Section 4: amends subdivision 1 of section 356 of the executive law to
include housing services, not limited to instances of discrimination,
within the state veterans' service agency's powers and duties to
inform.

Section 5: effective date.

JUSTIFICATION:

The federal Fair Housing Act (42 USC 3602, et seq) protects persons
with a disability from housing discrimination based on that
disability. While New York State Human Rights Law has recognized many
of these protections, individuals with disabilities, especially
returning veterans suffering from post-traumatic stress disorder.
(PTSD) who rely on medically-prescribed therapy dogs or cats, are
still being denied housing or are being forced to leave adequate
housing due to the presence of their therapy animal in the home.

Federal and state agencies charged with implementing the Fair Housing
Act (including the NY Attorney General's Civil Rights Bureau, NYS
Division of Human Rights, and U.S. Department of Justice) have
recognized that individuals with therapy and emotional support animals
must be reasonably accommodated. Yet, veterans living with PTS
throughout New York state are targeted for their therapy dogs and cats
and denied otherwise publicly-available housing.


According to a 2011 RAND Corporation study, PTSD or combat-related
depression affects approximately 22 percent of Iraq and Afghanistan
veterans.

(1) In another report, according to Veteran's Affairs facilities,
roughly 30 percent of post-9/11 veterans treated at these medical
departments have screened positive for PTSD. (2) Finally, a Stanford
University study projects that in the coming years, upwards of 35
percent of all veterans of Iraq and Afghanistan will suffer from PTSD
and other mental illnesses following their deployment.(3) These
figures affect people from every part of New York State. This
legislation is in response to concerns raised by a local veterans
services agency regarding the denial of housing-or an eviction based
on the presence of a therapy dog or cat in the home, which is often
utilized in a treatment plan for veterans with PTSD. These local
heroes may then face homelessness or must rely on the nearest VA
hospital for housing until they can find a place that will accommodate
their therapy dog or cat, which provides them with critical therapy
and support.

In order to correct this injustice and close this loophole, this
legislation codifies outlying portions of the federal Fair Housing Act
into New York State law to afford more complete, explicit protections
on not only persons with disabilities, but particularly veterans
suffering from PTSD. After these young men and women serve our
country, it is our duty to protect their right to be safely and
adequately housed when they return home.

(1) http://www.rand.org/content/dam/rand/pubs/technical_reports/2011/
RAND TR920.pdf

(2) http://www.militarytimes.com/story/military/benefits/healthcare/
2015/05/10/ptsd-service-dogs-va-perdue/70944650/

(3)
http://www.gillibrand.senate.gov/imo/media/doc/Sen.%20Gillibrand%20
PTSD%20and%20TBI%20Report.pdf

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S6031A (ACTIVE) - Bill Text download pdf

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

                                 6031--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             August 10, 2015
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be  committed  to  the  Committee  on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to amend the executive law and the agriculture and markets law,
  in relation to therapy dogs and cats for persons with disabilities

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

  Section  1.  Subdivision  21  of  section 292 of the executive law, as
amended by chapter 269 of the laws  of  1997,  is  amended  to  read  as
follows:
  21.  The  term  "disability"  means  (a) a physical, mental or medical
impairment resulting from anatomical, physiological, genetic  or  neuro-
logical  conditions which prevents the exercise of a normal bodily func-
tion, SUBSTANTIALLY LIMITS ONE OR  MORE  OF  SUCH  PERSON'S  MAJOR  LIFE
ACTIVITIES, or is demonstrable by medically accepted clinical or labora-
tory  diagnostic techniques or (b) a record of such an impairment or (c)
a condition regarded by others as such an impairment, provided, however,
that in all provisions of this article dealing with employment, the term
shall be limited to disabilities which, upon the provision of reasonable
accommodations, do not prevent the  complainant  from  performing  in  a
reasonable  manner  the  activities  involved  in  the job or occupation
sought or held.  FOR PURPOSES OF THIS  SECTION,  MAJOR  LIFE  ACTIVITIES
INCLUDE,  BUT  ARE NOT LIMITED TO, CARING FOR ONESELF, PERFORMING MANUAL
TASKS, SEEING, HEARING, EATING, SLEEPING,  WALKING,  STANDING,  LIFTING,
BENDING,  SPEAKING,  BREATHING, LEARNING, READING, CONCENTRATING, THINK-
ING, COMMUNICATING, AND WORKING. MAJOR LIFE ACTIVITIES ALSO INCLUDE  THE
OPERATION  OF  A  MAJOR  BODILY  FUNCTION, INCLUDING BUT NOT LIMITED TO,
FUNCTIONS OF THE IMMUNE SYSTEM, NORMAL CELL  GROWTH,  DIGESTIVE,  BOWEL,
BLADDER,  NEUROLOGICAL,  BRAIN, RESPIRATORY, CIRCULATORY, ENDOCRINE, AND
REPRODUCTIVE FUNCTIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11819-02-5

S. 6031--A                          2

  S 2. Subdivision 14 of section 296 of the executive law, as amended by
chapter 141 of the laws of 2015, is amended to read as follows:
  14. In addition to reasonable modifications in policies, practices, or
procedures,  including  those  defined in subparagraph (iv) of paragraph
(d) of subdivision two of this section or reasonable accommodations  for
persons with disabilities as otherwise provided in this section, includ-
ing  the  use of an animal as a reasonable accommodation, it shall be an
unlawful discriminatory practice for any person engaged in any  activity
covered  by  this  section  to  deny access or otherwise to discriminate
against a blind person, a hearing  impaired  person  or  a  person  with
another  disability  because  he or she is accompanied by a dog that has
been trained to work or perform specific tasks for the benefit  of  such
person  by a professional guide dog, hearing dog or service dog training
center or professional guide dog, hearing dog or service dog trainer, or
to discriminate against such professional  guide  dog,  hearing  dog  or
service  dog  trainer  engaged  in  such  training of a dog for use by a
person with a disability, whether or not accompanied by the  person  for
whom  the  dog is being trained.  THIS SECTION SHALL APPLY REGARDLESS OF
BREED, OR ANY OTHER TYPE OF THERAPY DOG OR CAT.
  S 3. Subdivision 26 of section 108 of the agriculture and markets law,
as amended by chapter 536 of the laws of 2014, is  amended  to  read  as
follows:
  26.  "Therapy  dog OR CAT" means any dog OR CAT that is trained to aid
the emotional and physical health  of  patients  in  hospitals,  nursing
homes,  retirement homes, PERSONAL RESIDENCES, and other settings and is
actually used for such purpose, or any dog OR CAT during the period such
dog OR CAT is being trained or bred for such purpose.
  S 4. Subdivision 1 of section 356 of the executive law is  amended  to
read as follows:
  1. A state veterans' service agency established by the division pursu-
ant  to this article shall have power and it shall be its duty to inform
military and naval authorities of the United States and  assist  members
of  the  armed forces and veterans, who are residents of this state, and
their families, in relation to (1)  matters  pertaining  to  educational
training and retraining services and facilities, (2) health, medical and
rehabilitation services and facilities, (3) provisions of federal, state
and  local  laws and regulations affording special rights and privileges
to members of the armed forces and war veterans and their families,  (4)
employment  and  re-employment  services,  [and]  (5)  HOUSING  SERVICES
INCLUDING BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6)  other
matters  of  similar, related or appropriate nature. The state veterans'
service agency also shall perform such other duties as may  be  assigned
by the state director.
  S 5. This act shall take effect immediately.

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Senate Bill S6031A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Jun 2, 2016 - Investigations And Government Operations Committee Vote

Investigations And Government Operations Committee Vote: Jun 2, 2016

Bill Amendments

2015-S6031 - Details

2015-S6031 - Summary

2015-S6031 - Sponsor Memo

2015-S6031 - Bill Text download pdf

co-Sponsors

2015-S6031A (ACTIVE) - Details

2015-S6031A (ACTIVE) - Summary

2015-S6031A (ACTIVE) - Sponsor Memo

2015-S6031A (ACTIVE) - Bill Text download pdf

Comments

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Senate Bill S6031A

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

Votes

Bill Amendments

2015-S6031 - Details

2015-S6031 - Summary

2015-S6031 - Sponsor Memo

2015-S6031 - Bill Text download pdf

co-Sponsors

Joseph P. Addabbo Jr.

Phil Boyle

Jesse Hamilton

Brad Hoylman-Sigal

2015-S6031A (ACTIVE) - Details

2015-S6031A (ACTIVE) - Summary

2015-S6031A (ACTIVE) - Sponsor Memo

2015-S6031A (ACTIVE) - Bill Text download pdf

Comments