S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6565
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2017
                                ___________
 
 Introduced by Sen. MARCHIONE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN  ACT to amend the agriculture and markets law, in relation to examin-
   ing the need for standards for the designation of therapy dogs and the
   definition and identification of therapy dogs

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The commissioner of agriculture and markets shall examine
 the need for statewide standards for  therapy  dogs,  as  such  term  is
 defined in subdivision 26 of section 108 of article 7 of the agriculture
 and markets law, including, but not limited to, training, evaluation and
 certification procedures for the designation of a dog as a "therapy dog"
 and  the  need  for  identification,  education  and information for the
 public about such dogs, the rights  and  responsibilities  of  such  dog
 owners,  the  use  of  such  dogs in institutions and facilities and the
 distinction between such dogs and service  dogs  or  animals  and  other
 similar  dogs  or animals such as emotional support animals. The commis-
 sioner shall consult with the commissioners of health and  human  rights
 and  representatives of the dog training industry, the disability commu-
 nity, animal protection organizations,  the  business  community,  local
 government officials and others in reviewing the need for the establish-
 ment  of  such  state standards and any other recommendations related to
 the commissioner's findings. The commissioner shall report to the gover-
 nor, the temporary president of the senate and the speaker of the assem-
 bly no later than October 1, 2018 on the commissioner's findings regard-
 ing the need for standards  and  public  information  regarding  therapy
 dogs.
   § 2. Subdivision 26 of section 108 of the agriculture and markets law,
 as  amended  by  chapter  536 of the laws of 2014, is amended to read as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10693-06-7
              

 S. 6565                             2
 
   26. "Therapy dog" means any dog that is trained to aid  the  emotional
 and  physical health of patients in hospitals, nursing homes, retirement
 homes and other settings and is actually used for such purpose,  or  any
 dog  during  the  period  such  dog  is  being  trained or bred for such
 purpose,  AND DOES NOT QUALIFY UNDER FEDERAL OR STATE LAW OR REGULATIONS
 AS A SERVICE DOG.
   § 3. Subdivision 4 of section 111 of the agriculture and markets  law,
 as  amended by section 6 of part T of chapter 59 of the laws of 2010, is
 amended to read as follows:
   4. A municipality offering a license for any guide dog,  service  dog,
 hearing  dog,  THERAPY  DOG or detection dog may issue a special tag for
 identifying such dog, provided that such tag shall be in addition to the
 identification tag required by subdivision  one  of  this  section.  The
 municipality  may  prescribe the shape, size, color, and form of imprint
 of the tag which shall be a different color and shape than the  standard
 identification  tag.  Upon  application,  the commissioner shall furnish
 such tags without payment of a fee.
   § 4. Paragraph (c) of subdivision 1 of section 118 of the  agriculture
 and markets law, as amended by section 14 of part T of chapter 59 of the
 laws of 2010, is amended to read as follows:
   (c)  any  person  to  knowingly affix to any dog any false or improper
 identification tag, special identification tag  for  identifying  guide,
 service, THERAPY or hearing dogs or purebred license tag;
   § 5. This act shall take effect immediately.