S T A T E O F N E W Y O R K
________________________________________________________________________
1073
2019-2020 Regular Sessions
I N A S S E M B L Y
January 14, 2019
___________
Introduced by M. of A. CROUCH, BARCLAY, HAWLEY, KOLB, RAIA -- read once
and referred to the Committee on Governmental Operations
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-
ty [in this article], PROVIDED THAT SUCH TRAINER IS ENGAGED IN TRAINING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02757-01-9
A. 1073 2
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.