NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7764
SPONSOR: Steck TITLE OF BILL: An act to amend the civil rights law, in relation to
the misrepresentation of guide dogs
PURPOSE:
To prohibit people from misrepresenting their pets as service animals in
order to take advantage of the accommodations allowed under state and
federal law to persons with disabilities and their service animals.
SUMMARY OF PROVISIONS:
A new Subdivision 2-a is added to Section 47-b of the Civil Rights Law
to provide that no person shall knowingly affix any special identifica-
tion tag, collar, leash, harness, vest or other gear in order to misrep-
resent that a dog or animal is a guide dog, hearing dog, service dog or
other service animal and seek to receive the accommodations afforded to
guide dogs, hearing dogs, service dogs or service animals under this
article or under the federal Americans with Disabilities Act.
JUSTIFICATION:
State and federal laws prohibit businesses and facilities which are open
to the public from discriminating against individuals with disabilities.
Furthermore, these laws ensure that persons with disabilities may be
accompanied by service animals in places of public accommodations and in
the workplace.
Unfortunately, some people without disabilities have been shamelessly
and selfishly abusing these laws by misrepresenting their pets as
service animals just so they can bring them into places where pets are
not allowed. Not only is this disrespectful and insensitive to persons
with disabilities, it generates problems for the entire service dog
community.
There are a variety of reasons why businesses and public places may
restrict pets. State and federal laws create an exception for service
animals, recognizing that these are not pets but are working animals
which provide essential services to persons with disabilities.
Guide dogs, hearing dogs, service dogs and other types of service
animals have undergone extensive training in order to provide needed
assistance to a person with a disability. They have also been trained to
deal with social situations and distractions.
In contrast, problems are much more likely to occur in public areas and
businesses from the behavior of untrained pets and their non-disabled
owners. This unfairly creates a negative perception which increases the
likelihood that a disabled person with a service animal will encounter
resistance and suspicion in the future.
In addition, when pets encounter service animals in these places, the
untrained pets often react in a way that can antagonize or initiate
conflicts, distracting service animals from their important responsibil-
ities in protecting and assisting individuals with disabilities.
Several other states have already enacted laws to prohibit the misrepre-
sentation of pets as service animals. This bill would establish a simi-
lar prohibition in New York State law.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
7764
2015-2016 Regular Sessions
IN ASSEMBLY
May 26, 2015
___________
Introduced by M. of A. STECK -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the civil rights law, in relation to the misrepresen-
tation of guide dogs
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 47-b of the civil rights law is amended by adding a
2 new subdivision 2-a to read as follows:
3 2-a. No person shall knowingly affix any special identification tag,
4 collar, leash, harness, vest or other gear in order to misrepresent that
5 a dog or animal is a guide dog, hearing dog, service dog or other
6 service animal and seek to receive the accommodations afforded to guide
7 dogs, hearing dogs, service dogs or service animals under this article
8 or under the Americans with Disabilities Act (Public Law 101-336, as
9 amended).
10 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10583-01-5
