S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7967
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 16, 2025
                                ___________
 
 Introduced  by M. of A. TAPIA -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the civil rights law, in relation to rights  of  persons
   with disabilities to be accompanied by a guide dog or service dog
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 47 of the civil rights law, as amended  by  chapter
 404 of the laws of 1986, is amended to read as follows:
   §  47.  Use  of  public  facilities [by persons with a disability] AND
 OTHER ACCOMMODATIONS. 1. No person shall be denied admittance to  and/or
 the  equal  use  of  and enjoyment of any public facility solely because
 said person is a person with a disability and is accompanied by a  guide
 dog,  hearing  dog  or service dog. NO PERSON WITH A DISABILITY SHALL BE
 DENIED THE RIGHT TO BE ACCOMPANIED BY A GUIDE DOG OR SERVICE DOG IN  ANY
 PLACE  OF PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT, OR HOUSING ACCOMMO-
 DATION.
   2. [For the purposes of this section the term "public facility"  shall
 include,  but  shall  not be limited to, all modes of public and private
 transportation, all forms of public and private  housing  accommodations
 whether permanent or temporary, buildings to which the public is invited
 or  permitted,  including  those maintained by the state or by any poli-
 tical subdivision thereof, all educational facilities and  institutions,
 including  those maintained by the state or by any political subdivision
 thereof, all places where  food  is  offered  for  sale,  all  theatres,
 including both live playhouses and motion picture establishments and all
 other  places  of  public  accommodations,  convenience,  resort, enter-
 tainment, or business to which the general public or any  classification
 of  persons  therefrom is normally or customarily invited or permitted.]
 NO EXTRA CHARGE OR SECURITY DEPOSIT SHALL BE IMPOSED ON A PERSON WITH  A
 DISABILITY  FOR  A  GUIDE DOG OR SERVICE DOG IN A HOUSING ACCOMMODATION;
 PROVIDED, HOWEVER, THAT SUCH PERSON SHALL BE LIABLE FOR ANY DAMAGE  DONE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11383-01-5
              

 A. 7967                             2
 
 TO  THE  PREMISES  OR  FACILITIES  OF SUCH HOUSING ACCOMMODATION BY SUCH
 GUIDE DOG OR SERVICE DOG.
   §  2.  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] DEFINITIONS AND MISCELLANEOUS  provisions.  1.
 Persons  with  a  disability  accompanied 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 immediate 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,
 and  a person with a disability for whom the dog is being trained, shall
 have the same rights and privileges set forth for persons with  a  disa-
 bility in this article.
   4.  FOR  THE  PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) 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.  For  the  purposes of this article the] (B) 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.] (C) THE TERM "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.
   (D)  THE TERM "PUBLIC FACILITY" MEANS AND SHALL INCLUDE, BUT SHALL NOT
 BE LIMITED TO, ALL MODES OF PUBLIC AND PRIVATE TRANSPORTATION, TNC VEHI-
 CLES AS DEFINED BY SECTION SIXTEEN HUNDRED NINETY-ONE OF THE VEHICLE AND
 TRAFFIC LAW, ALL FORMS OF  PUBLIC  AND  PRIVATE  HOUSING  ACCOMMODATIONS
 WHETHER PERMANENT OR TEMPORARY, BUILDINGS TO WHICH THE PUBLIC IS INVITED
 OR  PERMITTED,  INCLUDING  THOSE MAINTAINED BY THE STATE OR BY ANY POLI-
 TICAL SUBDIVISION THEREOF, ALL EDUCATIONAL FACILITIES AND  INSTITUTIONS,
 INCLUDING  THOSE MAINTAINED BY THE STATE OR BY ANY POLITICAL SUBDIVISION
 THEREOF, ALL PLACES WHERE  FOOD  IS  OFFERED  FOR  SALE,  ALL  THEATRES,
 INCLUDING BOTH LIVE PLAYHOUSES AND MOTION PICTURE ESTABLISHMENTS AND ALL
 OTHER  PLACES  OF  PUBLIC  ACCOMMODATIONS,  CONVENIENCE,  RESORT, ENTER-
 TAINMENT, OR BUSINESS TO WHICH THE GENERAL PUBLIC OR ANY  CLASSIFICATION
 OF PERSONS THEREFROM IS NORMALLY OR CUSTOMARILY INVITED OR PERMITTED.
 A. 7967                             3
 
   (E)  THE  TERM  "PLACE  OF  PUBLIC ACCOMMODATION, RESORT OR AMUSEMENT"
 SHALL HAVE THE SAME MEANING AS DEFINED BY SECTION TWO HUNDRED NINETY-TWO
 OF THE EXECUTIVE LAW.
   5. 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.  "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.]
   §  3.  Section 47-c of the civil rights law, as amended by chapter 295
 of the laws of 2004, is amended to read as follows:
   § 47-c. Penalties. 1. Any person or legal entity, public  or  private,
 violating any provision of this article shall be guilty of a violation.
   2.  Any  person or legal entity, public or private, violating [section
 forty-seven and/or] subdivision one or two of section  forty-seven-b  of
 this  article two or more times within a two year period shall be guilty
 of a violation punishable by a fine of one thousand dollars.
   3. ANY PERSON OR  LEGAL  ENTITY,  PUBLIC  OR  PRIVATE,  WHO  KNOWINGLY
 VIOLATES SECTION FORTY-SEVEN OF THIS ARTICLE SHALL BE GUILTY OF A MISDE-
 MEANOR  AND  SUBJECT  TO  A FINE NOT EXCEEDING TWO THOUSAND FIVE HUNDRED
 DOLLARS.
   § 4. The civil rights law is amended by adding a new section  47-d  to
 read as follows:
   §  47-D.  PUBLIC  AWARENESS  AND  EDUCATION.  1. THE DIVISION OF HUMAN
 RIGHTS, IN CONSULTATION WITH THE OFFICE OF THE ATTORNEY GENERAL AND  THE
 OFFICE  FOR  PEOPLE  WITH  DEVELOPMENTAL DISABILITIES, SHALL DEVELOP AND
 IMPLEMENT A PUBLIC  AWARENESS  AND  EDUCATION  CAMPAIGN  TO  INFORM  THE
 PUBLIC,  BUSINESSES,  HOUSING  PROVIDERS,  TRANSPORTATION  SERVICES, AND
 GOVERNMENT ENTITIES ABOUT:
   (A) THE RIGHTS OF INDIVIDUALS WITH DISABILITIES TO BE  ACCOMPANIED  BY
 GUIDE DOGS AND SERVICE DOGS AS PROVIDED UNDER THIS ARTICLE;
   (B) PENALTIES ASSOCIATED WITH VIOLATIONS OF THIS ARTICLE; AND
   (C)  APPROPRIATE CONDUCT AND REASONABLE ACCOMMODATIONS FOR INDIVIDUALS
 ACCOMPANIED BY GUIDE DOGS AND SERVICE DOGS.
   2. THE PUBLIC AWARENESS AND EDUCATION CAMPAIGN UNDER  SUBDIVISION  ONE
 OF THIS SECTION SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (A) ONLINE RESOURCES, INCLUDING INFORMATIONAL MATERIALS ON STATE AGEN-
 CY WEBSITES;
   (B)  DISTRIBUTION OF PRINTED EDUCATIONAL MATERIALS TO PLACES OF PUBLIC
 ACCOMMODATION, RESORT OR AMUSEMENT AND TRANSPORTATION HUBS; AND
   (C)  OUTREACH  AND  TRAINING  PROGRAMS  TARGETING  BUSINESSES,  PUBLIC
 SERVICE PROVIDERS, AND HOUSING PROVIDERS.
   3.  THE  DIVISION OF HUMAN RIGHTS SHALL PROVIDE GUIDANCE FOR HOW BUSI-
 NESSES AND SERVICE PROVIDERS MAY COMPLY  WITH  THE  PROVISIONS  OF  THIS
 ARTICLE  AND  MAY ALSO PARTNER WITH NONPROFIT ORGANIZATIONS AND ADVOCACY
 GROUPS TO PROMOTE AWARENESS.
   4. THE PUBLIC EDUCATION AND  AWARENESS  CAMPAIGN  UNDER  THIS  SECTION
 SHALL  COMMENCE  NO  LATER  THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF
 THIS SECTION.
   § 5. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.