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.