Bill Text: NY S02705 | 2019-2020 | General Assembly | Introduced


Bill Title: Relates to therapy dogs and cats for persons with a disability.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2020-07-21 - referred to governmental operations [S02705 Detail]

Download: New_York-2019-S02705-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          2705
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 29, 2019
                                       ___________
        Introduced  by  Sen. KENNEDY -- 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 executive law and the agriculture and  markets  law,
          in relation to therapy dogs and cats for persons with disabilities
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 21 of section 292  of  the  executive  law,  as
     2  amended  by  chapter  269  of  the  laws  of 1997, is amended to read as
     3  follows:
     4    21. The term "disability" means (a)  a  physical,  mental  or  medical
     5  impairment  resulting  from anatomical, physiological, genetic or neuro-
     6  logical conditions which prevents the exercise of a normal bodily  func-
     7  tion,  substantially  limits  one  or  more  of such person's major life
     8  activities, or is demonstrable by medically accepted clinical or labora-
     9  tory diagnostic techniques or (b) a record of such an impairment or  (c)
    10  a condition regarded by others as such an impairment, provided, however,
    11  that in all provisions of this article dealing with employment, the term
    12  shall be limited to disabilities which, upon the provision of reasonable
    13  accommodations,  do  not  prevent  the  complainant from performing in a
    14  reasonable manner the activities  involved  in  the  job  or  occupation
    15  sought  or  held.    For purposes of this section, major life activities
    16  include, but are not limited to, caring for oneself,  performing  manual
    17  tasks,  seeing,  hearing,  eating, sleeping, walking, standing, lifting,
    18  bending, speaking, breathing, learning, reading,  concentrating,  think-
    19  ing,  communicating, and working. Major life activities also include the
    20  operation of a major bodily function,  including  but  not  limited  to,
    21  functions  of  the  immune system, normal cell growth, digestive, bowel,
    22  bladder, neurological, brain, respiratory, circulatory,  endocrine,  and
    23  reproductive functions.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03679-01-9

        S. 2705                             2
     1    § 2. Subdivision 14 of section 296 of the executive law, as amended by
     2  chapter 221 of the laws of 2018, is amended to read as follows:
     3    14. In addition to reasonable modifications in policies, practices, or
     4  procedures,  including  those  defined in subparagraph (iv) of paragraph
     5  (d) of subdivision two of this section or reasonable accommodations  for
     6  persons with disabilities as otherwise provided in this section, includ-
     7  ing  the  use of an animal as a reasonable accommodation, it shall be an
     8  unlawful discriminatory practice for any person engaged in any  activity
     9  covered  by  this  section  to  deny access or otherwise to discriminate
    10  against a blind person, a person who is deaf or hard  of  hearing  or  a
    11  person with another disability because he or she is accompanied by a dog
    12  that  has been trained to work or perform specific tasks for the benefit
    13  of such person by a professional guide dog, hearing dog or  service  dog
    14  training  center  or  professional guide dog, hearing dog or service dog
    15  trainer, or to discriminate against such professional guide dog, hearing
    16  dog or service dog trainer engaged in such training of a dog for use  by
    17  a person with a disability, whether or not accompanied by the person for
    18  whom  the  dog is being trained.  This section shall apply regardless of
    19  breed, or any other type of therapy dog or cat.
    20    § 3. Subdivision 26 of section 108 of the agriculture and markets law,
    21  as amended by chapter 497 of the laws of 2017, is  amended  to  read  as
    22  follows:
    23    26.  "Therapy  dog or cat" means any dog or cat that is trained to aid
    24  the emotional and physical health  of  patients  in  hospitals,  nursing
    25  homes,  retirement homes, personal residences, and other settings and is
    26  actually used for such purpose, or any dog or cat during the period such
    27  dog or cat is being trained or bred for such purpose, and does not qual-
    28  ify under federal or state law or regulations as a service dog or cat.
    29    § 4. Subdivision 1 of section 356 of the executive law is  amended  to
    30  read as follows:
    31    1. A state veterans' service agency established by the division pursu-
    32  ant  to this article shall have power and it shall be its duty to inform
    33  military and naval authorities of the United States and  assist  members
    34  of  the  armed forces and veterans, who are residents of this state, and
    35  their families, in relation to (1)  matters  pertaining  to  educational
    36  training and retraining services and facilities, (2) health, medical and
    37  rehabilitation services and facilities, (3) provisions of federal, state
    38  and  local  laws and regulations affording special rights and privileges
    39  to members of the armed forces and war veterans and their families,  (4)
    40  employment  and  re-employment  services,  [and]  (5)  housing  services
    41  including but not limited to instances of discrimination, and (6)  other
    42  matters  of  similar, related or appropriate nature. The state veterans'
    43  service agency also shall perform such other duties as may  be  assigned
    44  by the state director.
    45    § 5. This act shall take effect immediately.
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