NY State Senate Bill 2021-S5919

Senate Bill S5919

2021-2022 Legislative Session

Relates to establishing the offense of misrepresenting a companion animal as a service animal for personal benefit

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to codes
Mar 22, 2021	referred to codes

2021-S5919 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §242.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S7062
2023-2024: S5435

2021-S5919 (ACTIVE) - Summary

Establishes the offense of misrepresenting a companion animal as a service animal for personal benefit when a person expressly or impliedly represents that an animal in his or her possession is a service animal for the purpose of obtaining any rights or privileges afforded to a person with a disability requiring the assistance of a service animal.

2021-S5919 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5919

SPONSOR: MARTUCCI
 
TITLE OF BILL:

An act to amend the penal law, in relation to establishing the offense
of misrepresenting a companion animal as a service animal for personal
benefit

 
PURPOSE:

To establish the offense of misrepresenting a companion animal as a
service animal, to deter individuals from praying on the needs of indi-
viduals with legitimate disabilities for their own personal benefit.

 
SUMMARY OF PROVISIONS:

Section 1 lays out the type of behavior that would constitute misrepre-
senting a service animal as a companion animal.

Section 2 expressly states that companion animal shall have the same

definition as currently found in law. That definition is as follows:
"Companion animal" or "pet" means any dog or cat, and shall also mean
any other domesticated animal normally maintained in or near the house-
hold of the owner or person who cares for such other domesticated
animal. "Pet" or "companion animal" shall not include a "farm animal" as
defined in this section.

 
JUSTIFICATION:

There are many people who legitimately need the assistance of a service
animal, and are therefore able to bring the service animal places where
companion animals (pets) are not traditionally allowed to be. The rights
of people who legitimately need a service animal should be protected,
not mocked. No one should be using the needs of people with disabilities
as a way to improperly present their own pet as a service animal just
for the shake of being able to bring said animal wherever you go.

 
LEGISLATIVE HISTORY:

2020: S7062 Referred to Codes

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect in the ninetieth day after it shall become
law.

2021-S5919 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5919
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 22, 2021
                                ___________
 
 Introduced  by Sen. MARTUCCI -- read twice and ordered printed, and when
   printed to be committed to the Committee on Codes
 
 AN ACT to amend the penal law, in relation to establishing  the  offense
   of misrepresenting a companion animal as a service animal for personal
   benefit

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The penal law is amended by adding a new section 242.20  to
 read as follows:
 §  242.20  MISREPRESENTING  A  COMPANION  ANIMAL AS A SERVICE ANIMAL FOR
            PERSONAL BENEFIT.
   1. A PERSON SHALL BE GUILTY OF MISREPRESENTING A COMPANION ANIMAL AS A
 SERVICE ANIMAL FOR PERSONAL BENEFIT WHEN HE OR SHE:
   (A) EXPRESSLY OR IMPLIEDLY REPRESENTS THAT AN ANIMAL  IN  HIS  OR  HER
 POSSESSION  IS  A SERVICE ANIMAL FOR THE PURPOSE OF OBTAINING ANY RIGHTS
 OR PRIVILEGES AFFORDED TO A  PERSON  WITH  A  DISABILITY  REQUIRING  THE
 ASSISTANCE  OF  A  SERVICE  ANIMAL  AND SUCH PERSON KNOWS OR SHOULD HAVE
 KNOWN THAT THE ANIMAL IN HIS OR HER POSSESSION WAS NOT A SERVICE ANIMAL;
 OR
   (B) TAKES AN ANIMAL, WHICH SUCH PERSON KNOWS OR SHOULD HAVE KNOWN  NOT
 TO  BE  A  SERVICE  ANIMAL,  INTO  A PLACE OF PUBLIC ACCOMMODATION WHERE
 COMPANION ANIMALS ARE NOT PERMITTED, AND THE  ANIMAL  ACCOMPANYING  SAID
 INDIVIDUAL  IS  WEARING  A  CAPE,  VEST, SPECIAL LEASH, OR OTHER FORM OF
 IDENTIFICATION THAT STATES OR IMPLIES  THAT  THE  ANIMAL  IS  A  SERVICE
 ANIMAL  ENTITLED TO BE PRESENT, EVEN IF SUCH PERSON MAKES NO AFFIRMATIVE
 STATEMENTS ASSERTING THAT THE ANIMAL IS A SERVICE ANIMAL.
   2. "COMPANION ANIMAL" SHALL HAVE THE SAME  MEANING  AS  SET  FORTH  IN
 SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
   MISREPRESENTING  A  COMPANION  ANIMAL AS A SERVICE ANIMAL FOR PERSONAL
 BENEFIT IS A VIOLATION SUBJECT TO A TWO HUNDRED FIFTY DOLLAR FINE.
   § 2. This act shall take effect in the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD10587-01-1

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