Bill Text: NY S06031 | 2015-2016 | General Assembly | Amended


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

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2016-06-02 - REPORTED AND COMMITTED TO FINANCE [S06031 Detail]

Download: New_York-2015-S06031-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6031--A
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    August 10, 2015
                                      ___________
       Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
         printed to be  committed  to  the  Committee  on  Rules  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       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.
                                                                  LBD11819-02-5
       S. 6031--A                          2
    1    S 2. Subdivision 14 of section 296 of the executive law, as amended by
    2  chapter 141 of the laws of 2015, 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 hearing  impaired  person  or  a  person  with
   11  another  disability  because  he or she is accompanied by a dog that has
   12  been trained to work or perform specific tasks for the benefit  of  such
   13  person  by a professional guide dog, hearing dog or service dog training
   14  center or professional guide dog, hearing dog or service dog trainer, or
   15  to discriminate against such professional  guide  dog,  hearing  dog  or
   16  service  dog  trainer  engaged  in  such  training of a dog for use by a
   17  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    S 3. Subdivision 26 of section 108 of the agriculture and markets law,
   21  as amended by chapter 536 of the laws of 2014, 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.
   28    S 4. Subdivision 1 of section 356 of the executive law is  amended  to
   29  read as follows:
   30    1. A state veterans' service agency established by the division pursu-
   31  ant  to this article shall have power and it shall be its duty to inform
   32  military and naval authorities of the United States and  assist  members
   33  of  the  armed forces and veterans, who are residents of this state, and
   34  their families, in relation to (1)  matters  pertaining  to  educational
   35  training and retraining services and facilities, (2) health, medical and
   36  rehabilitation services and facilities, (3) provisions of federal, state
   37  and  local  laws and regulations affording special rights and privileges
   38  to members of the armed forces and war veterans and their families,  (4)
   39  employment  and  re-employment  services,  [and]  (5)  HOUSING  SERVICES
   40  INCLUDING BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6)  other
   41  matters  of  similar, related or appropriate nature. The state veterans'
   42  service agency also shall perform such other duties as may  be  assigned
   43  by the state director.
   44    S 5. This act shall take effect immediately.
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