S T A T E   O F   N E W   Y O R K
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                                 4619--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 1, 2015
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture -- recommitted
  to the Committee on Agriculture in accordance with Senate Rule 6, sec.
  8 -- committee discharged, bill amended, ordered reprinted as  amended
  and recommitted to said committee

AN  ACT  to  amend the agriculture and markets law and the state finance
  law, in relation to the registration and regulation of animal breeders

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  The agriculture and markets law is amended by adding a new
article 26-C to read as follows:
                               ARTICLE 26-C
                       CARE OF ANIMALS BY BREEDERS
SECTION 420. DEFINITIONS.
        421. PREEMPTION OF LOCAL LAWS.
        422. MINIMUM STANDARDS OF ANIMAL CARE.
        423. RECORDS OF PURCHASE AND SALE.
        424. LICENSES.
        425. LICENSE REFUSAL, SUSPENSION OR REVOCATION.
        426. INSPECTION OF BREEDERS.
        427. VIOLATIONS.
        428. CONSTRUCTION WITH OTHER LAWS.
  S 420. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "ANIMAL" MEANS A DOG OR A CAT.
  2.  "CONSUMER" MEANS ANY INDIVIDUAL PURCHASING AN ANIMAL FROM A BREED-
ER. A BREEDER SHALL NOT BE CONSIDERED A CONSUMER.
  3. "PERSON" MEANS ANY INDIVIDUAL,  CORPORATION,  PARTNERSHIP,  LIMITED
LIABILITY COMPANY, ASSOCIATION, MUNICIPALITY OR OTHER LEGAL ENTITY.
  4.  "BREEDER"  MEANS  ANY  PERSON WHO BREEDS THREE OF MORE ANIMALS FOR
SALE PER YEAR FOR PROFIT. SUCH TERM SHALL NOT INCLUDE DULY  INCORPORATED
HUMANE  SOCIETIES  DEDICATED  TO THE CARE OF UNWANTED ANIMALS WHICH MAKE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01199-02-6
              

S. 4619--A                          2

SUCH ANIMALS AVAILABLE FOR ADOPTION  WHETHER  OR  NOT  A  FEE  FOR  SUCH
ADOPTION IS CHARGED.
  S 421. PREEMPTION  OF LOCAL LAWS. THE PROVISIONS OF THIS ARTICLE SHALL
APPLY TO ALL MUNICIPALITIES, INCLUDING CITIES WITH A POPULATION  OF  ONE
MILLION  OR MORE, AND SHALL SUPERSEDE ANY LOCAL LAW, RULE, REGULATION OR
ORDINANCE REGULATING OR LICENSING  BREEDERS.  NOTHING  IN  THIS  SECTION
SHALL  BE CONSTRUED TO LIMIT OR RESTRICT ANY MUNICIPALITY FROM ENFORCING
ANY LOCAL LAW, RULE, REGULATION OR ORDINANCE OF GENERAL  APPLICATION  TO
BUSINESSES GOVERNING PUBLIC HEALTH, SAFETY OR THE RIGHTS OF CONSUMERS.
  S 422. MINIMUM  STANDARDS  OF  ANIMAL CARE. BREEDERS SHALL COMPLY WITH
THE FOLLOWING MINIMUM STANDARDS OF CARE FOR EVERY ANIMAL IN THEIR CUSTO-
DY OR POSSESSION.
  1. HOUSING. (A) ANIMALS SHALL  BE  HOUSED  IN  PRIMARY  ENCLOSURES  OR
CAGES,  WHICH  SHALL BE CONSTRUCTED SO AS TO BE STRUCTURALLY SOUND. SUCH
ENCLOSURES SHALL BE MAINTAINED IN GOOD  REPAIR  TO  CONTAIN  THE  ANIMAL
HOUSED  INSIDE AND PROTECT IT FROM INJURY. SURFACES SHALL HAVE AN IMPER-
VIOUS SURFACE SO AS NOT TO PERMIT THE ABSORPTION OF FLUIDS AND WHICH CAN
BE THOROUGHLY AND REPEATEDLY CLEANED AND DISINFECTED  WITHOUT  RETAINING
ODORS.
  (B)  PRIMARY  ENCLOSURES  OR  CAGES  HOUSING THE ANIMALS SHALL PROVIDE
SUFFICIENT SPACE TO ALLOW EACH ANIMAL ADEQUATE FREEDOM  OF  MOVEMENT  TO
MAKE  NORMAL  POSTURAL  ADJUSTMENTS,  INCLUDING THE ABILITY TO STAND UP,
TURN AROUND, AND LIE DOWN WITH ITS LIMBS OUTSTRETCHED. IF  THE  FLOORING
IS  CONSTRUCTED  OF  METAL STRANDS, SUCH STRANDS SHALL EITHER BE GREATER
THAN ONE-EIGHTH INCH IN DIAMETER (NINE GAUGE WIRE) OR  SHALL  BE  COATED
WITH MATERIAL SUCH AS PLASTIC OR FIBERGLASS, AND SHALL BE CONSTRUCTED SO
AS  TO NOT ALLOW PASSAGE OF THE ANIMAL'S FEET THROUGH ANY OPENING IN THE
FLOOR OF THE ENCLOSURE. SUCH FLOORING SHALL NOT SAG OR BEND SUBSTANTIAL-
LY BETWEEN STRUCTURAL SUPPORTS.
  (C) HOUSING FACILITIES SHALL BE ADEQUATELY VENTILATED AT ALL TIMES  TO
PROVIDE  FOR  THE HEALTH AND WELL-BEING OF THE ANIMAL. VENTILATION SHALL
BE PROVIDED BY NATURAL OR MECHANICAL  MEANS,  SUCH  AS  WINDOWS,  VENTS,
FANS,  OR AIR CONDITIONERS. VENTILATION SHALL BE ESTABLISHED TO MINIMIZE
DRAFTS, ODORS, AND MOISTURE CONDENSATION.
  (D) THE TEMPERATURE SURROUNDING THE ANIMAL SHALL  BE  COMPATIBLE  WITH
THE  HEALTH AND WELL-BEING OF THE ANIMAL. TEMPERATURE SHALL BE REGULATED
BY HEATING AND COOLING TO SUFFICIENTLY PROTECT EACH ANIMAL FROM EXTREMES
OF TEMPERATURE AND SHALL NOT BE PERMITTED TO FALL BELOW  OR  RISE  ABOVE
RANGES  WHICH  WOULD  POSE  A  HEALTH  HAZARD  TO THE ANIMAL. THIS SHALL
INCLUDE SUPPLYING SHADE FROM SUNLIGHT BY NATURAL OR ARTIFICIAL MEANS.
  (E) THE INDOOR FACILITIES HOUSING THE ANIMALS SHALL BE  PROVIDED  WITH
ADEQUATE  LIGHTING  SUFFICIENT TO PERMIT ROUTINE INSPECTION AND CLEANING
AND BE ARRANGED SO THAT EACH ANIMAL IS PROTECTED FROM EXCESSIVE  ILLUMI-
NATION WHICH POSES A HEALTH HAZARD TO THE ANIMAL.
  (F)  THE  INDOOR AND OUTDOOR FACILITIES HOUSING THE ANIMALS, INCLUDING
THE PRIMARY ENCLOSURE OR CAGE, SHALL BE DESIGNED TO ALLOW FOR THE  EFFI-
CIENT  ELIMINATION OF ANIMAL WASTE AND WATER IN ORDER TO KEEP THE ANIMAL
DRY  AND  PREVENT  THE  ANIMAL  FROM  COMING  INTO  CONTACT  WITH  THESE
SUBSTANCES.  IF DRAINS ARE USED THEY SHALL BE CONSTRUCTED IN A MANNER TO
MINIMIZE  FOUL ODORS AND BACKUPS OF SEWAGE. IF A DRAINAGE SYSTEM IS USED
IT SHALL COMPLY WITH FEDERAL, STATE AND LOCAL LAWS RELATING TO POLLUTION
CONTROL.
  (G) IN THE EVENT THAT A BREEDER HAS A PREGNANT OR NURSING DOG  ON  HIS
OR HER PREMISES, THE BREEDER SHALL PROVIDE A WHELPING BOX FOR SUCH DOG.
  2.  SANITATION.  HOUSING  FACILITIES, INCLUDING PRIMARY ENCLOSURES AND
CAGES, SHALL BE KEPT IN A CLEAN CONDITION IN ORDER TO MAINTAIN A HEALTHY

S. 4619--A                          3

ENVIRONMENT FOR THE ANIMAL. THIS SHALL INCLUDE REMOVING  AND  DESTROYING
ANY  AGENTS INJURIOUS TO THE HEALTH OF THE ANIMAL AND PERIODIC CLEANING.
THE PRIMARY ENCLOSURE OR CAGE SHALL BE CONSTRUCTED SO  AS  TO  ELIMINATE
EXCESS  WATER,  EXCRETIONS,  AND  WASTE MATERIAL. UNDER NO CIRCUMSTANCES
SHALL THE ANIMAL REMAIN INSIDE THE PRIMARY ENCLOSURE OR CAGE WHILE IT IS
BEING CLEANED WITH STERILIZING AGENTS OR  AGENTS  TOXIC  TO  ANIMALS  OR
CLEANED  IN  A  MANNER  LIKELY  TO THREATEN THE HEALTH AND SAFETY OF THE
ANIMAL. TRASH AND WASTE PRODUCTS  ON  THE  PREMISES  SHALL  BE  PROPERLY
CONTAINED  AND  DISPOSED  OF  SO  AS  TO  MINIMIZE THE RISKS OF DISEASE,
CONTAMINATION, AND VERMIN.
  3. FEEDING AND WATERING. (A) ANIMALS SHALL BE PROVIDED WITH  WHOLESOME
AND  PALATABLE  FOOD,  FREE  FROM CONTAMINATION AND OF NUTRITIONAL VALUE
SUFFICIENT TO MAINTAIN EACH ANIMAL IN GOOD HEALTH.
  (B) ANIMALS SHALL BE ADEQUATELY FED AT INTERVALS NOT TO EXCEED  TWELVE
HOURS  OR  AT  LEAST  TWICE IN ANY TWENTY-FOUR HOUR PERIOD IN QUANTITIES
APPROPRIATE FOR THE ANIMAL SPECIES' AGE, UNLESS DETERMINED OTHERWISE  BY
AND UNDER THE DIRECTION OF A DULY LICENSED VETERINARIAN.
  (C)  FOOD  RECEPTACLES  SHALL  BE  PROVIDED  IN  SUFFICIENT NUMBER, OF
ADEQUATE SIZE, AND SO LOCATED AS TO ENABLE EACH ANIMAL  IN  THE  PRIMARY
ENCLOSURE OR CAGE TO BE SUPPLIED WITH AN ADEQUATE AMOUNT OF FOOD.
  (D)  ANIMALS  SHALL  BE  PROVIDED  WITH REGULAR ACCESS TO CLEAN, FRESH
WATER, SUPPLIED IN A SANITARY MANNER SUFFICIENT FOR  ITS  NEEDS,  EXCEPT
WHEN  THERE  ARE INSTRUCTIONS FROM A DULY LICENSED VETERINARIAN TO WITH-
HOLD WATER FOR MEDICAL REASONS.
  4. HANDLING. EACH ANIMAL SHALL BE HANDLED IN A HUMANE MANNER SO AS NOT
TO CAUSE THE ANIMAL PHYSICAL INJURY OR HARM.
  5. VETERINARY CARE. (A) ALL ANIMALS SHALL BE INOCULATED AS REQUIRED BY
STATE OR LOCAL LAW. VETERINARY CARE APPROPRIATE TO THE SPECIES SHALL  BE
PROVIDED  WITHOUT  UNDUE  DELAY  WHEN  NECESSARY.  EACH  ANIMAL SHALL BE
OBSERVED EACH DAY BY THE BREEDER  OR  BY  A  PERSON  WORKING  UNDER  THE
BREEDER'S SUPERVISION.
  (B)  IF  AN  ANIMAL SUFFERS FROM A CONGENITAL OR HEREDITARY CONDITION,
DISEASE OR ILLNESS WHICH, IN THE PROFESSIONAL OPINION OF  THE  BREEDER'S
VETERINARIAN,  REQUIRES  EUTHANASIA,  THE  VETERINARIAN  SHALL  HUMANELY
EUTHANIZE SUCH ANIMAL WITHOUT UNDUE DELAY.
  (C) IN THE EVENT AN ANIMAL IS RETURNED TO A BREEDER DUE TO  A  CONGEN-
ITAL  OR  HEREDITARY CONDITION, ILLNESS, OR DISEASE REQUIRING VETERINARY
CARE, THE BREEDER SHALL, WITHOUT UNDUE DELAY, PROVIDE  THE  ANIMAL  WITH
THE PROPER VETERINARY CARE.
  6.  HUMANE EUTHANASIA. HUMANE EUTHANASIA OF AN ANIMAL SHALL BE CARRIED
OUT IN ACCORDANCE WITH SECTION THREE HUNDRED SEVENTY-FOUR OF THIS  CHAP-
TER.
  S 423. RECORDS OF PURCHASE AND SALE. EACH BREEDER SHALL KEEP AND MAIN-
TAIN  RECORDS  FOR EACH ANIMAL PURCHASED, ACQUIRED, HELD, SOLD OR OTHER-
WISE DISPOSED OF. THE RECORDS SHALL INCLUDE THE FOLLOWING:
  1. THE NAME AND ADDRESS OF  THE  PERSON  FROM  WHOM  EACH  ANIMAL  WAS
ACQUIRED.  IF  THE PERSON FROM WHOM THE ANIMAL WAS OBTAINED IS A BREEDER
LICENSED BY THE UNITED STATES DEPARTMENT OF  AGRICULTURE,  THE  PERSON'S
NAME, ADDRESS, AND FEDERAL BREEDER IDENTIFICATION NUMBER. IN THE CASE OF
CATS, IF A CAT IS PLACED IN THE CUSTODY OR POSSESSION OF THE BREEDER AND
THE SOURCE OF ORIGIN IS UNKNOWN, THE BREEDER SHALL STATE THAT THE SOURCE
OF  ORIGIN  IS  UNKNOWN,  ACCOMPANIED BY THE DATE, TIME, AND LOCATION OF
RECEIPT.  NOTWITHSTANDING THE PROVISIONS OF THIS SUBDIVISION, NO BREEDER
SHALL KNOWINGLY BUY, SELL, EXHIBIT, TRANSPORT, OR OFFER FOR SALE,  EXHI-
BITION  OR  TRANSPORTATION ANY STOLEN ANIMAL. NO BREEDER SHALL KNOWINGLY
SELL ANY CAT OR DOG YOUNGER THAN EIGHT WEEKS OF AGE.

S. 4619--A                          4

  2. THE ORIGINAL SOURCE OF EACH ANIMAL IF  DIFFERENT  THAN  THE  PERSON
RECORDED IN SUBDIVISION ONE OF THIS SECTION.
  3. THE DATE EACH ANIMAL WAS ACQUIRED.
  4.  A  DESCRIPTION  OF  EACH ANIMAL SHOWING AGE, COLOR, MARKINGS, SEX,
BREED, AND ANY INOCULATION, WORMING OR  OTHER  VETERINARY  TREATMENT  OR
MEDICATION  INFORMATION  AVAILABLE. RECORDS SHALL ALSO INCLUDE ANY OTHER
SIGNIFICANT IDENTIFICATION, IF KNOWN, FOR  EACH  ANIMAL,  INCLUDING  ANY
OFFICIAL TAG NUMBER, TATTOO OR IMPLANT.
  5.  THE  NAME  AND  ADDRESS  OF THE PERSON TO WHOM ANY ANIMAL IS SOLD,
GIVEN OR BARTERED, OR TO WHOM IT IS OTHERWISE TRANSFERRED OR  DELIVERED.
THE RECORDS SHALL INDICATE THE DATE AND METHOD OF DISPOSITION.
  6.  RECORDS  FOR  EACH  ANIMAL SHALL BE MAINTAINED FOR A PERIOD OF TWO
YEARS FROM THE DATE OF SALE OR TRANSFER, WHICHEVER OCCURS LATER.  DURING
NORMAL  BUSINESS  HOURS,  THE RECORDS SHALL BE MADE AVAILABLE TO PERSONS
AUTHORIZED BY LAW TO ENFORCE THE PROVISIONS OF THIS ARTICLE.
  S 424. LICENSES. 1. NO PERSON SHALL OPERATE AS A BREEDER  UNLESS  SUCH
PERSON  HOLDS  A  LICENSE ISSUED THEREFOR BY THE COMMISSIONER.  NOTWITH-
STANDING THE FORGOING, A BREEDER, IN OPERATION ON OR BEFORE  THE  EFFEC-
TIVE  DATE  OF THIS SECTION, WHO HAS FILED AN APPLICATION FOR AN INITIAL
LICENSE UNDER THIS ARTICLE SHALL BE AUTHORIZED TO OPERATE  WITHOUT  SUCH
LICENSE  UNTIL  THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY
TO BE HEARD, DECLINES TO GRANT SUCH  LICENSE.  EACH  APPLICATION  FOR  A
LICENSE  SHALL  BE  MADE  ON A FORM SUPPLIED BY THE DEPARTMENT AND SHALL
CONTAIN SUCH INFORMATION AS MAY BE REQUIRED BY THE  DEPARTMENT.  RENEWAL
APPLICATIONS SHALL BE SUBMITTED TO THE COMMISSIONER AT LEAST THIRTY DAYS
PRIOR TO THE COMMENCEMENT OF THE NEXT LICENSE YEAR.
  2. THE COMMISSIONER MAY DELEGATE HIS OR HER AUTHORITY PURSUANT TO THIS
SECTION TO ISSUE BREEDER LICENSES TO THE COUNTY OR CITY WHERE THE BREED-
ER IS SEEKING LICENSURE IS LOCATED. SUCH DELEGATION SHALL BE PURSUANT TO
AN AGREEMENT ENTERED INTO BY THE COMMISSIONER AND SUCH CITY OR COUNTY.
  3.  EACH  APPLICATION  FOR A LICENSE SHALL BE ACCOMPANIED BY A NON-RE-
FUNDABLE FEE OF ONE HUNDRED DOLLARS,  EXCEPT  THAT  THOSE  BREEDERS  WHO
ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR, SHALL PAY
A NON-REFUNDABLE FEE OF TWENTY-FIVE DOLLARS.
  4.  THE  MONEYS  RECEIVED BY THE COMMISSIONER PURSUANT TO THIS SECTION
SHALL BE DEPOSITED IN THE "BREEDER LICENSING FUND" ESTABLISHED  PURSUANT
TO SECTION NINETY-EIGHT-D OF THE STATE FINANCE LAW.
  5.  WHERE  THE  AUTHORITY  TO ISSUE BREEDER LICENSES IS DELEGATED TO A
COUNTY OR CITY PURSUANT TO SUBDIVISION TWO OF THIS SECTION, THAT  COUNTY
OR  CITY  SHALL,  ON OR BEFORE THE FIFTH DAY OF EACH MONTH, REMIT TO THE
APPROPRIATE MUNICIPAL FINANCIAL  OFFICER  ONE  HUNDRED  PERCENT  OF  ALL
LICENSE  FEES COLLECTED DURING THE PRECEDING MONTH. THE REMITTANCE SHALL
BE ACCOMPANIED BY A REPORT OF LICENSE SALES MADE DURING  SUCH  MONTH.  A
COPY  OF  SUCH  REPORT SHALL SIMULTANEOUSLY BE SENT TO THE COMMISSIONER.
ALL LICENSE FEES SO REMITTED SHALL BE THE PROPERTY OF THE  MUNICIPALITY,
AND  SHALL  BE USED SOLELY FOR THE PURPOSE OF CARRYING OUT AND ENFORCING
THE PROVISIONS OF THIS ARTICLE  AND  OF  ARTICLE  THIRTY-FIVE-D  OF  THE
GENERAL BUSINESS LAW.
  6.  INSPECTION  IN  ACCORDANCE WITH SECTION FOUR HUNDRED TWENTY-SIX OF
THIS ARTICLE,  THE  RESULTS  OF  WHICH  ESTABLISH  COMPLIANCE  WITH  THE
PROVISIONS   OF   THIS  ARTICLE  AND  WITH  THE  PROVISIONS  OF  ARTICLE
THIRTY-FIVE-D OF THE GENERAL BUSINESS LAW  REGARDING  RECORDKEEPING  AND
CONSUMER DISCLOSURE REQUIREMENTS FOR BREEDERS, SHALL PRECEDE ISSUANCE OF
A LICENSE OR RENEWAL THEREOF UNDER THIS SECTION.

S. 4619--A                          5

  7.  UPON  VALIDATION BY THE COMMISSIONER OR THE COUNTY OR CITY AUTHOR-
IZED UNDER THIS SECTION TO ISSUE BREEDER LICENSES, THE APPLICATION SHALL
BECOME THE LICENSE OF THE BREEDER.
  8.  THE COMMISSIONER SHALL PROVIDE A COPY OF THE LICENSE TO THE BREED-
ER.  THE COMMISSIONER SHALL ALSO RETAIN A COPY OF THE LICENSE. IN  THOSE
COUNTIES WHERE THE COMMISSIONER HAS DELEGATED THE LICENSING AUTHORITY TO
THE  COUNTY  OR  CITY  THAT  COUNTY OR CITY SHALL, PROVIDE A COPY OF THE
LICENSE TO THE BREEDER AND A COPY TO THE  COMMISSIONER.  THE  COUNTY  OR
CITY SHALL ALSO RETAIN A COPY OF THE LICENSE IN ITS OWN RECORDS.
  9.  NO  BREEDER SHALL PUBLISH OR ADVERTISE THE SALE OR AVAILABILITY OF
ANY DOG OR CAT UNLESS THE PUBLICATION OR ADVERTISEMENT IS ACCOMPANIED BY
THE BREEDER'S LICENSE NUMBER. NOTWITHSTANDING THE FOREGOING, A  BREEDER,
IN  OPERATION  ON  OR BEFORE THE EFFECTIVE DATE OF THIS SECTION, WHO HAS
FILED AN APPLICATION FOR THE INITIAL  LICENSE  UNDER  THIS  ARTICLE  MAY
PUBLISH  OR ADVERTISE THE SALE OF AVAILABILITY OF ANY ANIMAL WITHOUT THE
PUBLICATION OR ADVERTISEMENT BEING ACCOMPANIED BY THE BREEDER'S  LICENSE
NUMBER UNTIL THE COMMISSIONER GRANTS OR, AFTER NOTICE AND OPPORTUNITY TO
BE HEARD, DECLINES TO GRANT SUCH LICENSE.
  10.  SUCH  LICENSE  SHALL  BE  RENEWABLE  ANNUALLY,  TOGETHER WITH THE
PAYMENT OF A NON-REFUNDABLE FEE OF ONE HUNDRED DOLLARS, OR UPON  PAYMENT
OF  A  NON-REFUNDABLE  FEE OF TWENTY-FIVE DOLLARS FOR THOSE BREEDERS WHO
ENGAGE IN THE SALE OF LESS THAN TWENTY-FIVE ANIMALS IN A YEAR.
  11. BREEDERS SHALL CONSPICUOUSLY DISPLAY THEIR LICENSE ON THE PREMISES
WHERE THE ANIMALS ARE KEPT FOR SALE SO THAT THEY MAY BE READILY SEEN  BY
POTENTIAL CONSUMERS.
  S 425. LICENSE REFUSAL, SUSPENSION OR REVOCATION. THE COMMISSIONER MAY
DECLINE TO GRANT OR RENEW OR MAY SUSPEND OR REVOKE A BREEDER LICENSE, ON
ANY OF THE FOLLOWING GROUNDS:
  1. MATERIAL MISSTATEMENT IN LICENSE APPLICATION; OR
  2. MATERIAL MISSTATEMENT IN OR FALSIFICATION OF RECORDS REQUIRED TO BE
KEPT PURSUANT TO THIS ARTICLE OR UNDER ANY REGULATION PROMULGATED THERE-
UNDER,  OR  FAILURE  TO  ALLOW THE COMMISSIONER OR HIS OR HER AUTHORIZED
AGENTS TO INSPECT RECORDS OR BREEDER FACILITIES.
  3. VIOLATION OF ANY PROVISION OF  THIS  ARTICLE  OR  CONVICTION  OF  A
VIOLATION  OF  ANY  PROVISION  OF  ARTICLE TWENTY-SIX OF THIS CHAPTER OR
REGULATIONS PROMULGATED THEREUNDER PERTAINING  TO  HUMANE  TREATMENT  OF
ANIMALS,  CRUELTY  TO  ANIMALS,  ENDANGERING  THE  LIFE  OR HEALTH OF AN
ANIMAL, OR VIOLATION OF ANY FEDERAL, STATE OR LOCAL  LAW  PERTAINING  TO
THE  CARE,  TREATMENT,  SALE,  POSSESSION  OR HANDLING OF ANIMALS OR ANY
REGULATION OR RULE PROMULGATED PURSUANT THERETO RELATING TO  THE  ENDAN-
GERMENT OF THE LIFE OR HEALTH OF AN ANIMAL.
  4. BEFORE ANY LICENSE SHALL BE SUSPENDED OR REVOKED, THE COMMISSIONER,
OR  ANY HEARING OFFICER HE OR SHE MAY DESIGNATE, SHALL HOLD A HEARING OR
UPON DUE NOTICE TO THE LICENSEE,  IN  ACCORDANCE  WITH  ANY  REGULATIONS
PROMULGATED  BY THE DEPARTMENT AND IN ACCORDANCE WITH ARTICLES THREE AND
FOUR OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  5. ANY ACTION OF THE COMMISSIONER SHALL BE SUBJECT TO JUDICIAL  REVIEW
IN  A  PROCEEDING  UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW
AND RULES.
  S 426. INSPECTION OF BREEDERS. THE BREEDER  SHALL,  AT  THE  BREEDER'S
EXPENSE,  HAVE  A  VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW AT A MINIMUM  OF  SIX  MONTH  INTERVALS
INSPECT  HIS OR HER RECORDS, FACILITIES AND ANIMALS TO ENSURE COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE. THE VETERINARIAN  ENGAGED  IN  THIS
INSPECTION  SHALL  CERTIFY  THAT  THE BREEDER IS IN COMPLIANCE WITH THIS

S. 4619--A                          6

SECTION AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE  VETERINARY
SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER.
  S  427.  VIOLATIONS.  1.  IN ADDITION TO THE PENALTIES PROVIDED FOR IN
THIS SECTION, A BREEDER WHO VIOLATES ANY PROVISIONS OF THIS ARTICLE  MAY
BE  SUBJECT  TO THE DENIAL, REVOCATION, SUSPENSION OR REFUSAL OF RENEWAL
OF HIS OR HER LICENSE IN ACCORDANCE WITH THE PROVISIONS OF SECTION  FOUR
HUNDRED TWENTY-FIVE OF THIS ARTICLE.
  2. VIOLATION OF ANY PROVISION IN THIS ARTICLE, IS A CIVIL OFFENSE, FOR
WHICH  A  PENALTY  OF  NOT LESS THAN FIFTY DOLLARS AND NOT MORE THAN ONE
THOUSAND DOLLARS FOR EACH VIOLATION MAY BE IMPOSED.
  3. THE PROVISIONS OF THIS ARTICLE MAY BE ENFORCED CONCURRENTLY BY  THE
DEPARTMENT  AND BY A COUNTY OR CITY TO WHICH THE COMMISSIONER HAS DELEG-
ATED HIS OR HER LICENSING AND INSPECTION AUTHORITY PURSUANT TO  SECTIONS
FOUR  HUNDRED  TWENTY-FOUR  AND FOUR HUNDRED TWENTY-SIX OF THIS ARTICLE,
AND ALL MONEYS COLLECTED THEREAFTER SHALL BE RETAINED  BY  SUCH  MUNICI-
PALITY OR LOCAL GOVERNMENT.
  S  428. CONSTRUCTION WITH OTHER LAWS. 1. NOTHING IN THIS ARTICLE SHALL
BE CONSTRUED TO LIMIT OR RESTRICT AGENTS OR OFFICERS  OF  SOCIETIES  FOR
THE  PREVENTION OF CRUELTY TO ANIMALS OR THE POLICE FROM ENFORCING OTHER
PROVISIONS OF ARTICLE TWENTY-SIX OF THIS CHAPTER OR ANY OTHER LAW RELAT-
ING TO THE HUMANE TREATMENT OF OR CRUELTY TO ANIMALS.
  2. THE PROVISIONS OF THIS ARTICLE SHALL NOT PERTAIN TO  NOT-FOR-PROFIT
ORGANIZATIONS.
  S  2. The state finance law is amended by adding a new section 98-d to
read as follows:
  S 98-D. BREEDER LICENSING FUND. 1. THERE IS HEREBY ESTABLISHED IN  THE
JOINT  CUSTODY OF THE STATE COMPTROLLER AND THE COMMISSIONER OF TAXATION
AND FINANCE A FUND TO BE KNOWN AS THE "BREEDER LICENSING FUND".
  2. SUCH FUND SHALL CONSIST OF ALL MONIES COLLECTED PURSUANT TO ARTICLE
TWENTY-SIX-C OF THE AGRICULTURE  AND  MARKETS  LAW,  EXCEPT  FOR  MONIES
COLLECTED   PURSUANT   TO  SUBDIVISION  FIVE  OF  SECTION  FOUR  HUNDRED
TWENTY-FOUR OF SUCH ARTICLE, AND ALL OTHER  MONIES  CREDITED  OR  TRANS-
FERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3.  MONIES  OF  THE  FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSES OF
CARRYING OUT THE PROVISIONS OF  ARTICLE  THIRTY-FIVE-D  OF  THE  GENERAL
BUSINESS  LAW  AND  ARTICLE  TWENTY-SIX-C OF THE AGRICULTURE AND MARKETS
LAW. MONIES SHALL BE PAID OUT OF THE FUND ON THE AUDIT  AND  WARRANT  OF
THE  STATE COMPTROLLER ON VOUCHERS APPROVED BY THE COMMISSIONER OF AGRI-
CULTURE AND MARKETS. ANY INTEREST RECEIVED BY THE COMPTROLLER ON  MONIES
ON DEPOSIT IN THE BREEDER LICENSING FUND SHALL BE RETAINED IN AND BECOME
PART OF SUCH FUND.
  S  3.  Section  401  of  the agriculture and markets law is amended by
adding a new subdivision 8 to read as follows:
  8. SELLING PETS. PET  DEALERS  SHALL  ONLY  SELL  PETS  OBTAINED  FROM
LICENSED BREEDERS PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
  S  4.  Subdivision 6 of section 402 of the agriculture and markets law
is renumbered subdivision 7 and a new subdivision 6 is added to read  as
follows:
  6.  FOR ALL ANIMALS BOUGHT BY THE PET DEALER, THE PET DEALER MUST HAVE
A RECORD THAT SUCH PURCHASE CAME FROM A BREEDER WHICH IS EITHER LICENSED
OR EXEMPT PURSUANT TO ARTICLE TWENTY-SIX-C OF THIS CHAPTER.
  S 5. This act shall take effect April 1, 2018; provided, however, that
any rules and/or regulations necessary for the timely implementation  of
this  act  on  its effective date shall be promulgated on or before such
date.