Bill Text: NY S05530 | 2019-2020 | General Assembly | Introduced

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Bill Title: Relates to banning the sale of certain items relating to emotional support and therapy animals; increases the penalty for improper identification of dogs.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S05530 Detail]

Download: New_York-2019-S05530-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          5530
                               2019-2020 Regular Sessions
                    IN SENATE
                                       May 6, 2019
                                       ___________
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in  relation  to  banning  the
          sale  of  certain  items  relating  to  emotional  support and therapy
          animals; and to amend the agriculture and markets law, in relation  to
          penalties for improper identification of dogs
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  391-u to read as follows:
     3    § 391-u. Sale of certain items relating to emotional support and ther-
     4  apy animals.  1. No person, firm, partnership,  association,  or  corpo-
     5  ration shall distribute, sell at retail or offer for retail sale in this
     6  state, or to any person located in this state:
     7    (a) emotional support or therapy animal certificates;
     8    (b) vests identifying animals as emotional support or therapy animals;
     9  or
    10    (c) sample doctors notes authorizing an emotional support animal.
    11    2.  For purposes of this section, the following terms have the follow-
    12  ing meanings:
    13    (a) "emotional support animal" means a companion animal, as defined in
    14  section three hundred fifty of the agriculture and markets law,  that  a
    15  medical  professional states provides some benefit for a person disabled
    16  by a mental health condition or emotional  disorder;  and  (b)  "service
    17  animal"  shall have the same meaning as defined in section 242.00 of the
    18  penal law.
    19    3. This section shall not apply to any municipality, government  agen-
    20  cy,  or  non-profit  entity  which  regulates  and/or licenses emotional
    21  support or service animals or  which  charges  fees  for  the  licensing
    22  and/or registration of vests for emotional support or service animals.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11278-01-9
        S. 5530                             2
     1    4.  Any  person, firm, partnership, association, or corporation who or
     2  which violates the provisions of this section  shall  be  subject  to  a
     3  civil penalty not to exceed five hundred dollars for the first violation
     4  and one thousand dollars for each subsequent violation.
     5    §  2.  Section  118  of  the agriculture and markets law is amended by
     6  adding a new subdivision 2-a to read as follows:
     7    2-a. Notwithstanding subdivision two of this section, the fine  and/or
     8  civil  penalty  for  a  violation of paragraph (c) of subdivision one of
     9  this section shall be not more than five hundred dollars for  the  first
    10  violation and one thousand dollars for each subsequent violation.
    11    §  3.  This  act shall take effect on the ninetieth day after it shall
    12  have become a law.