S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2705
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             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:
 
   Section 1. Subdivision 21 of section 292  of  the  executive  law,  as
 amended  by  chapter  269  of  the  laws  of 1997, is amended to read as
 follows:
   21. The term "disability" means (a)  a  physical,  mental  or  medical
 impairment  resulting  from anatomical, physiological, genetic or neuro-
 logical conditions which prevents the exercise of a normal bodily  func-
 tion,  SUBSTANTIALLY  LIMITS  ONE  OR  MORE  OF SUCH PERSON'S MAJOR LIFE
 ACTIVITIES, or is demonstrable by medically accepted clinical or labora-
 tory diagnostic techniques or (b) a record of such an impairment or  (c)
 a condition regarded by others as such an impairment, provided, however,
 that in all provisions of this article dealing with employment, the term
 shall be limited to disabilities which, upon the provision of reasonable
 accommodations,  do  not  prevent  the  complainant from performing in a
 reasonable manner the activities  involved  in  the  job  or  occupation
 sought  or  held.    FOR PURPOSES OF THIS SECTION, MAJOR LIFE ACTIVITIES
 INCLUDE, BUT ARE NOT LIMITED TO, CARING FOR ONESELF,  PERFORMING  MANUAL
 TASKS,  SEEING,  HEARING,  EATING, SLEEPING, WALKING, STANDING, LIFTING,
 BENDING, SPEAKING, BREATHING, LEARNING, READING,  CONCENTRATING,  THINK-
 ING,  COMMUNICATING, AND WORKING. MAJOR LIFE ACTIVITIES ALSO INCLUDE THE
 OPERATION OF A MAJOR BODILY FUNCTION,  INCLUDING  BUT  NOT  LIMITED  TO,
 FUNCTIONS  OF  THE  IMMUNE SYSTEM, NORMAL CELL GROWTH, DIGESTIVE, BOWEL,
 BLADDER, NEUROLOGICAL, BRAIN, RESPIRATORY, CIRCULATORY,  ENDOCRINE,  AND
 REPRODUCTIVE FUNCTIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03679-01-9
              

 S. 2705                             2
 
   § 2. Subdivision 14 of section 296 of the executive law, as amended by
 chapter 221 of the laws of 2018, is amended to read as follows:
   14. In addition to reasonable modifications in policies, practices, or
 procedures,  including  those  defined in subparagraph (iv) of paragraph
 (d) of subdivision two of this section or reasonable accommodations  for
 persons with disabilities as otherwise provided in this section, includ-
 ing  the  use of an animal as a reasonable accommodation, it shall be an
 unlawful discriminatory practice for any person engaged in any  activity
 covered  by  this  section  to  deny access or otherwise to discriminate
 against a blind person, a person who is deaf or hard  of  hearing  or  a
 person with another disability because he or she is accompanied by a dog
 that  has been trained to work or perform specific tasks for the benefit
 of such person by a professional guide dog, hearing dog or  service  dog
 training  center  or  professional guide dog, hearing dog or service dog
 trainer, or to discriminate against such professional guide dog, hearing
 dog or service dog trainer engaged in such training of a dog for use  by
 a person with a disability, whether or not accompanied by the person for
 whom  the  dog is being trained.  THIS SECTION SHALL APPLY REGARDLESS OF
 BREED, OR ANY OTHER TYPE OF THERAPY DOG OR CAT.
   § 3. Subdivision 26 of section 108 of the agriculture and markets law,
 as amended by chapter 497 of the laws of 2017, is  amended  to  read  as
 follows:
   26.  "Therapy  dog OR CAT" means any dog OR CAT that is trained to aid
 the emotional and physical health  of  patients  in  hospitals,  nursing
 homes,  retirement homes, PERSONAL RESIDENCES, and other settings and is
 actually used for such purpose, or any dog OR CAT during the period such
 dog OR CAT is being trained or bred for such purpose, and does not qual-
 ify under federal or state law or regulations as a service dog OR CAT.
   § 4. Subdivision 1 of section 356 of the executive law is  amended  to
 read as follows:
   1. A state veterans' service agency established by the division pursu-
 ant  to this article shall have power and it shall be its duty to inform
 military and naval authorities of the United States and  assist  members
 of  the  armed forces and veterans, who are residents of this state, and
 their families, in relation to (1)  matters  pertaining  to  educational
 training and retraining services and facilities, (2) health, medical and
 rehabilitation services and facilities, (3) provisions of federal, state
 and  local  laws and regulations affording special rights and privileges
 to members of the armed forces and war veterans and their families,  (4)
 employment  and  re-employment  services,  [and]  (5)  HOUSING  SERVICES
 INCLUDING BUT NOT LIMITED TO INSTANCES OF DISCRIMINATION, AND (6)  other
 matters  of  similar, related or appropriate nature. The state veterans'
 service agency also shall perform such other duties as may  be  assigned
 by the state director.
   § 5. This act shall take effect immediately.