Senate Bill S6905

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6905
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              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 ASSEM-
 BLY, 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 SUBDIVI-
 SION 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  ORGANIZA-
 TION  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.