STATE OF NEW YORK ________________________________________________________________________ 182 2017-2018 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2017 ___________ Introduced by M. of A. SANTABARBARA, GRAF -- read once and referred to the Committee on Governmental Operations AN ACT to amend the civil rights law, in relation to the rights of persons with disabilities in public places and places of public accom- modation The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 47 of the civil rights law is 2 renumbered subdivision 7 and five new subdivisions 2, 3, 4, 5 and 6 are 3 added to read as follows: 4 2. A person with a disability has the same rights as other persons to 5 the full and free use of the streets, highways, sidewalks, walkways, 6 public buildings, public facilities, and other public places. 7 3. A person with a disability is entitled to full and equal accommo- 8 dations, advantages, facilities, and privileges of all common carriers, 9 airplanes, motor vehicles, railroad trains, motor buses, streetcars, 10 subways, boats or any other public conveyances or modes of transporta- 11 tion, restaurants, hotels, lodging places, places of public accommo- 12 dation, amusement or resort, public entities including schools, and 13 other places to which the general public is invited subject only to the 14 conditions and limitations established by law and applicable alike to 15 all persons. 16 4. Each town, city or county, individually or through transportation 17 district commissions, shall ensure that persons with disabilities have 18 access to the public transportation within its jurisdiction by either 19 (i) use of the same transportation facilities or carriers available to 20 the general public or (ii) provision of paratransit or special transpor- 21 tation services for persons with disabilities or (iii) both. All persons 22 with disabilities in the jurisdiction's service area who, by reason of 23 their disabilities, are unable to use the service for the general public EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05230-01-7

A. 182 2 1 shall be eligible to use such paratransit or special transportation 2 service. No fee that exceeds the fee charged to the general public shall 3 be charged a person with a disability for the use of the same transpor- 4 tation facilities or carriers available to the general public. Paratran- 5 sit or special transportation service for persons with disabilities may 6 charge fees to such persons comparable to the fees charged to the gener- 7 al public for similar service in the jurisdiction service area, taking 8 into account especially the type, length and time of trip. Any variance 9 between special service and regular service fares shall be justifiable 10 in terms of actual differences between the two kinds of service 11 provided. 12 5. Nothing in this section shall be construed to require retrofitting 13 of any public transit equipment or to require the retrofitting, reno- 14 vation, or alteration of buildings or places to a degree more stringent 15 than that required by the applicable building code in effect at the time 16 the building permit for such building or place is issued. 17 6. Every totally or partially blind person shall have the right to be 18 accompanied by a dog, in harness, trained as a guide dog, every deaf or 19 hearing-impaired person shall have the right to be accompanied by a dog 20 trained as a hearing dog on a blaze orange leash, and every mobility-im- 21 paired person or person diagnosed as being on the autism spectrum or 22 otherwise disabled person shall have the right to be accompanied by a 23 dog, trained as a service dog, in a harness, backpack, or vest identify- 24 ing the dog as a trained service dog, in any of the places listed in 25 subdivision three of this section without being required to pay an extra 26 charge for the dog, provided that he shall be liable for any damage done 27 to the premises or facilities by such dog. The provisions of this 28 section shall apply to persons accompanied by a dog that is in training, 29 at least six months of age, and is (i) in harness, provided such person 30 is an experienced trainer of guide dogs or is conducting continuing 31 training of a guide dog; (ii) on a blaze orange leash, provided such 32 person is an experienced trainer of hearing dogs or is conducting 33 continuing training of a hearing dog; (iii) in a harness, backpack, or 34 vest identifying the dog as a trained service dog, provided such person 35 is an experienced trainer of service dogs or is conducting continuing 36 training of a service dog; (iv) wearing a jacket identifying the recog- 37 nized guide, hearing or service dog organization, provided such person 38 is an experienced trainer of the organization identified on the jacket; 39 or (v) the person is part of a three-unit service dog team and is 40 conducting continuing training of a service dog. 41 § 2. This act shall take effect immediately.