S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    603
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              January 4, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the civil rights law,  in  relation  to  the  rights  of
   persons with disabilities in public places and places of public accom-
   modation

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 47 of  the  civil  rights  law  is
 renumbered  subdivision 7 and five new subdivisions 2, 3, 4, 5 and 6 are
 added to read as follows:
   2. A PERSON WITH A DISABILITY HAS THE SAME RIGHTS AS OTHER PERSONS  TO
 THE  FULL  AND  FREE  USE OF THE STREETS, HIGHWAYS, SIDEWALKS, WALKWAYS,
 PUBLIC BUILDINGS, PUBLIC FACILITIES, AND OTHER PUBLIC PLACES.
   3. A PERSON WITH A DISABILITY IS ENTITLED TO FULL AND  EQUAL  ACCOMMO-
 DATIONS,  ADVANTAGES, FACILITIES, AND PRIVILEGES OF ALL COMMON CARRIERS,
 AIRPLANES, MOTOR VEHICLES, RAILROAD  TRAINS,  MOTOR  BUSES,  STREETCARS,
 SUBWAYS,  BOATS  OR ANY OTHER PUBLIC CONVEYANCES OR MODES OF TRANSPORTA-
 TION, RESTAURANTS, HOTELS, LODGING PLACES,  PLACES  OF  PUBLIC  ACCOMMO-
 DATION,  AMUSEMENT  OR  RESORT,  PUBLIC  ENTITIES INCLUDING SCHOOLS, AND
 OTHER PLACES TO WHICH THE GENERAL PUBLIC IS INVITED SUBJECT ONLY TO  THE
 CONDITIONS  AND  LIMITATIONS  ESTABLISHED BY LAW AND APPLICABLE ALIKE TO
 ALL PERSONS.
   4. EACH TOWN, CITY OR COUNTY, INDIVIDUALLY OR  THROUGH  TRANSPORTATION
 DISTRICT  COMMISSIONS,  SHALL ENSURE THAT PERSONS WITH DISABILITIES HAVE
 ACCESS TO THE PUBLIC TRANSPORTATION WITHIN ITS  JURISDICTION  BY  EITHER
 (I)  USE  OF THE SAME TRANSPORTATION FACILITIES OR CARRIERS AVAILABLE TO
 THE GENERAL PUBLIC OR (II) PROVISION OF PARATRANSIT OR SPECIAL TRANSPOR-
 TATION SERVICES FOR PERSONS WITH DISABILITIES OR (III) BOTH. ALL PERSONS
 WITH DISABILITIES IN THE JURISDICTION'S SERVICE AREA WHO, BY  REASON  OF
 THEIR DISABILITIES, ARE UNABLE TO USE THE SERVICE FOR THE GENERAL PUBLIC
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05230-01-7

 S. 603                              2
 
 SHALL  BE  ELIGIBLE  TO  USE  SUCH PARATRANSIT OR SPECIAL TRANSPORTATION
 SERVICE. NO FEE THAT EXCEEDS THE FEE CHARGED TO THE GENERAL PUBLIC SHALL
 BE CHARGED A PERSON WITH A DISABILITY FOR THE USE OF THE SAME  TRANSPOR-
 TATION FACILITIES OR CARRIERS AVAILABLE TO THE GENERAL PUBLIC. PARATRAN-
 SIT  OR SPECIAL TRANSPORTATION SERVICE FOR PERSONS WITH DISABILITIES MAY
 CHARGE FEES TO SUCH PERSONS COMPARABLE TO THE FEES CHARGED TO THE GENER-
 AL PUBLIC FOR SIMILAR SERVICE IN THE JURISDICTION SERVICE  AREA,  TAKING
 INTO  ACCOUNT ESPECIALLY THE TYPE, LENGTH AND TIME OF TRIP. ANY VARIANCE
 BETWEEN SPECIAL SERVICE AND REGULAR SERVICE FARES SHALL  BE  JUSTIFIABLE
 IN  TERMS  OF  ACTUAL  DIFFERENCES  BETWEEN  THE  TWO  KINDS  OF SERVICE
 PROVIDED.
   5. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE  RETROFITTING
 OF  ANY  PUBLIC  TRANSIT EQUIPMENT OR TO REQUIRE THE RETROFITTING, RENO-
 VATION, OR ALTERATION OF BUILDINGS OR PLACES TO A DEGREE MORE  STRINGENT
 THAN THAT REQUIRED BY THE APPLICABLE BUILDING CODE IN EFFECT AT THE TIME
 THE BUILDING PERMIT FOR SUCH BUILDING OR PLACE IS ISSUED.
   6.  EVERY TOTALLY OR PARTIALLY BLIND PERSON SHALL HAVE THE RIGHT TO BE
 ACCOMPANIED BY A DOG, IN HARNESS, TRAINED AS A GUIDE DOG, EVERY DEAF  OR
 HEARING-IMPAIRED  PERSON SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY A DOG
 TRAINED AS A HEARING DOG ON A BLAZE ORANGE LEASH, AND EVERY MOBILITY-IM-
 PAIRED PERSON OR PERSON DIAGNOSED AS BEING ON  THE  AUTISM  SPECTRUM  OR
 OTHERWISE  DISABLED  PERSON  SHALL HAVE THE RIGHT TO BE ACCOMPANIED BY A
 DOG, TRAINED AS A SERVICE DOG, IN A HARNESS, BACKPACK, OR VEST IDENTIFY-
 ING THE DOG AS A TRAINED SERVICE DOG, IN ANY OF  THE  PLACES  LISTED  IN
 SUBDIVISION THREE OF THIS SECTION WITHOUT BEING REQUIRED TO PAY AN EXTRA
 CHARGE FOR THE DOG, PROVIDED THAT HE SHALL BE LIABLE FOR ANY DAMAGE DONE
 TO  THE  PREMISES  OR  FACILITIES  BY  SUCH  DOG. THE PROVISIONS OF THIS
 SECTION SHALL APPLY TO PERSONS ACCOMPANIED BY A DOG THAT IS IN TRAINING,
 AT LEAST SIX MONTHS OF AGE, AND IS (I) IN HARNESS, PROVIDED SUCH  PERSON
 IS  AN  EXPERIENCED  TRAINER  OF  GUIDE DOGS OR IS CONDUCTING CONTINUING
 TRAINING OF A GUIDE DOG; (II) ON A BLAZE  ORANGE  LEASH,  PROVIDED  SUCH
 PERSON  IS  AN  EXPERIENCED  TRAINER  OF  HEARING  DOGS OR IS CONDUCTING
 CONTINUING TRAINING OF A HEARING DOG; (III) IN A HARNESS,  BACKPACK,  OR
 VEST  IDENTIFYING THE DOG AS A TRAINED SERVICE DOG, PROVIDED SUCH PERSON
 IS AN EXPERIENCED TRAINER OF SERVICE DOGS OR  IS  CONDUCTING  CONTINUING
 TRAINING  OF A SERVICE DOG; (IV) WEARING A JACKET IDENTIFYING THE RECOG-
 NIZED GUIDE, HEARING OR SERVICE DOG ORGANIZATION, PROVIDED  SUCH  PERSON
 IS  AN EXPERIENCED TRAINER OF THE ORGANIZATION IDENTIFIED ON THE JACKET;
 OR (V) THE PERSON IS PART OF  A  THREE-UNIT  SERVICE  DOG  TEAM  AND  IS
 CONDUCTING CONTINUING TRAINING OF A SERVICE DOG.
   § 2. This act shall take effect immediately.