Assembly Bill A1972

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1972
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by  M.  of A. CROUCH, BARCLAY, HAWLEY, KOLB, McKEVITT, OAKS,
   RAIA -- read once and referred to the Committee on Governmental  Oper-
   ations
 
 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, subdivisions 1, 4 and 7 as amended by chapter
 141 of the laws of 2015 and subdivision 3 as amended by chapter  536  of
 the laws of 2014, is amended to read as follows:
   §  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[,  provided
 that  in  instances  of  employment pursuant to section forty-seven-a of
 this article, such dog has been trained by a  qualified  person].  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.  A  person  engaged  in  training  a  dog to guide or otherwise aid
 persons with a disability, [while engaged in such  training  activities]
 INCLUDING  WALKING THE DOG WHEN IT IS STILL A PUPPY, and a person with a
 disability for whom the dog is being trained, shall have the same rights
 and privileges AS set forth IN THIS SECTION for persons with a disabili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04721-01-7

 A. 1972                             2
 
 ty [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 IDENTIFIED BY WEARING A JACKET,  VEST,  COLLAR,
 OR OTHER ITEM WITH THE OFFICIAL 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, HEARING 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", or "hearing dog" shall mean a dog that is
 under the control[, consistent with federal regulations implementing the
 Americans with Disabilities Act, Title III, at 28 CFR 36.302(c),] of the
 person using or training it and has been or is being trained to guide or
 otherwise to aid 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.
   [7.]  8.  "Service  dog"  means any dog under the control[, consistent
 with federal regulations implementing the  Americans  with  Disabilities
 Act,  Title  III,  at 28 CFR 36.302(c),] 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.
   § 2. This act shall take effect immediately.