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S6905Senate2017-2018 Session

Ban Fake Service Dogs

Official title

“Relates to misrepresenting a companion animal as a service dog”

Sponsor John A. DeFranciscoSD-50+1 co-sponsorAffects Legal
Status
In Senate Committee
Investigations And Government Operations
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Investigations And Government Operations

What's happening

This bill criminalizes misrepresenting companion animals as service dogs and sets penalties including community service or fines.

Why it matters

  1. Aims to protect the integrity and credibility of legitimate service dogs. by explicitly targeting those who misrepresent companion animals as service dogs to gain access to rights and privileges reserved for people with disabilities.

  2. Empowers businesses and their employees. by requiring the state to provide clear materials—including window decals and informational brochures—explaining the law, permissible questions, and appropriate conduct regarding service dogs under the ADA.

  3. Gives law enforcement and animal control officers specific authority. to question individuals about their dog's status, and presumes a violation if the person refuses to answer, making enforcement more practical and immediate.

  4. Establishes penalties that are both punitive and educational. , requiring community service with organizations serving people with disabilities (or a fine), aiming both to deter violations and foster greater understanding of the challenges faced by those who rely on service animals.

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Who cares

Headline styles

Ban Fake Service Dogs

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
John A. DeFrancisco

Senator · Senate District 50

History

  1. Referred to investigations and government operations
  2. Referred to rules

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

6905

2017-2018 Regular Sessions

IN SENATE

October 6, 2017

Introduced by Sen. DeFRANCISCO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules

AN ACT to amend the civil rights law, in relation to misrepresenting a companion animal as a service dog

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The civil rights law is amended by adding a new section 47-a-1 to read as follows:

§ 47-a-1. Misrepresentation of a companion animal as a service dog. 1. No person shall misrepresent a companion animal, as defined in subdivision five of section three hundred fifty of the agriculture and markets law, as a service dog. A person has misrepresented such animal when:

(a) Such person expressly or impliedly represents a dog in his or her possession as his or her service dog for the purpose of obtaining any rights or privileges afforded disabled persons accompanied by service dogs, but unavailable to people accompanied by companion animals and such person knew or should have known that such dog does not meet the definition of a service dog; or

(b) Such person takes a companion animal into a public facility as defined in subdivision two of section forty-seven of this article where a companion animal would not be permitted, and such companion animal is wearing a cape, vest, special leash or other form of identification that states or implies such companion animal is a service dog entitled to be present, even if such person makes no affirmative statements.

2. The department of labor in cooperation with the attorney general's office shall prepare and make available to businesses upon request;

(a) A decal suitable for posting in a front window or door which shall include;

(i) A statement that service dogs are welcome; and

(ii) A statement that misrepresentation of a service dog is a violation of New York law;

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD13584-01-7

S. 6905 2

(b) A brochure detailing permissible questions a business owner or employee may ask to determine whether a dog is a service dog, proper answers to such questions and guidelines defining unacceptable behavior under the Americans with Disabilities Act of 1990.

3. Any police officer or animal control officer may investigate and enforce this section by asking the person accompanied by the dog in question whether such dog is a service dog required due to a disability and what work or task has such dog been trained to perform. Refusal by such person to answer such questions shall create a presumption that such dog is not a service dog and such officer may issue a citation and require such person to remove such dog from the public facility.

4. A person who violates this section shall be guilty of a violation punishable by thirty hours of community service for an organization that serves individuals with disabilities or for another entity or organization at the discretion of the court, to be completed in not more than six months and/or pay a fine no more than five hundred dollars.

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the civil rights law, in relation to misrepresenting a companion animal as a service dog

Purpose

Relates to misrepresenting a companion animal as a service dog.

Summary of provisions

Section 1 Defines misrepresentation of a service dog.

Section 2 Provides requirements from the Department of Labor.

Section 3 Identifies questions which can he asked.

Section 4 Identifies penalties which can he imposed.

Existing law

Current law does impose a penalty for an individual who misrepresents that a pet is a service dog.

Justification

Currently an individual can put a service dog vest or another service dog identification on any dog and take that animal into an establishment where it is presumed that the dog is a service clog. However, there have been several incidents where it was discovered an animal was not a service dog and there was no penalty which could he imposed. As a result, several other states have enacted statutes imposing a penalty as a deterrent to these acts. This hill would impose a penalty of community service and a line. It also limits the two questions which could he asked of an individual to ensure the disabled arc not unduly questioned.

Legislative history

New bill.

Fiscal implications

None.

Effective date

Immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.