Bill Text: NY A01073 | 2019-2020 | General Assembly | Introduced

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Bill Title: Clarifies that guide dogs, hearing dogs, and service dogs are allowed in public places during their training and socialization process; provides that such dog must wear an identifying item stating that it is in training, and that the trainer must have paperwork available for inspection that such dog is being trained or socialized.

Spectrum: Partisan Bill (Republican 5-0)

Status: (Introduced - Dead) 2020-07-16 - held for consideration in governmental operations [A01073 Detail]

Download: New_York-2019-A01073-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1073
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    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:
     1    Section 1. Section 47-b of the civil rights law, as amended by chapter
     2  404 of the laws of 1986, subdivisions 1, 4 and 7 as amended  by  chapter
     3  141  of  the laws of 2015 and subdivision 3 as amended by chapter 536 of
     4  the laws of 2014, is amended to read as follows:
     5    § 47-b. Miscellaneous provisions. 1. Persons with a disability  accom-
     6  panied  by  guide dogs, hearing dogs or service dogs shall be guaranteed
     7  the right to have such dogs in their immediate custody while  exercising
     8  any  of  the  rights and privileges set forth in this article[, provided
     9  that in instances of employment pursuant  to  section  forty-seven-a  of
    10  this  article,  such  dog has been trained by a qualified person]. Blind
    11  persons shall, further, have the right to carry a cane in their  immedi-
    12  ate  custody while exercising any of the rights and privileges set forth
    13  in this section.
    14    2. No person or legal entity, public  or  private,  shall  attempt  to
    15  impose  or  maintain  any  direct  or indirect additional charge for the
    16  admittance of a guide dog, hearing dog or  service  dog  accompanying  a
    17  person  with  a disability, nor shall any conditions or restrictions not
    18  specifically set forth in this article be imposed on the person's rights
    19  as set forth herein.
    20    3. A person engaged in training  a  dog  to  guide  or  otherwise  aid
    21  persons  with  a disability, [while engaged in such training activities]
    22  including walking the dog when it is still a puppy, and a person with  a
    23  disability for whom the dog is being trained, shall have the same rights
    24  and privileges as set forth in this section for persons with a disabili-
    25  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
     1  activities  with the dog; and provided, further, that the  dog  must  be
     2  held  on  a leash, must be identified by wearing a jacket, vest, collar,
     3  or other item with the official logo of the school or foundation that is
     4  training  the  dog,  and  the  person  accompanying  the dog must have a
     5  certificate from the school or foundation proving that such dog is being
     6  trained as a guide dog, hearing dog, or service dog, in order  for  such
     7  person and dog to be able to enter a public facility.
     8    4.  For  purposes  of  this section, the term "training" shall include
     9  raising and socializing the  prospective  guide  dog,  hearing  dog,  or
    10  service dog, which occurs prior to the dog's formalized guide dog train-
    11  ing or walking the dog during its first year while such dog is a puppy.
    12    5.  The  term  "guide  dog", or "hearing dog" shall mean a dog that is
    13  under the control[, consistent with federal regulations implementing the
    14  Americans with Disabilities Act, Title III, at 28 CFR 36.302(c),] of the
    15  person using or training it and has been or is being trained to guide or
    16  otherwise to aid a person with a disability.
    17    [5.] 6. For the purposes of this article the term  "disability"  shall
    18  have  the  same  meaning  as  provided  for in subdivision twenty-one of
    19  section two hundred ninety-two of the executive law.
    20    [6.] 7. Any law, rule, or regulation conflicting with any provision of
    21  this article is, to the extent of  said  conflict  only,  deemed  to  be
    22  superseded by the provisions of this article.
    23    [7.]  8.  "Service  dog"  means any dog under the control[, consistent
    24  with federal regulations implementing the  Americans  with  Disabilities
    25  Act,  Title  III,  at 28 CFR 36.302(c),] of the person using or training
    26  it, and that has been or is being individually trained  to  do  work  or
    27  perform tasks for the benefit of a person with a disability.
    28    § 2. This act shall take effect immediately.