S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7195
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 12, 2017
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Agriculture
 
 AN ACT to amend the agriculture and markets law and the general business
   law, in relation to exempting certain entities from the definition  of
   pet dealer
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 400 of the agriculture and markets
 law, as amended by chapter 687 of the laws of 2006, is amended  to  read
 as follows:
   4.  "Pet  Dealer" means any person who engages in the sale or offering
 for sale of more than nine animals per year for profit  to  the  public.
 Such  definition  shall  include  breeders  who  sell  or  offer to sell
 animals; provided that [a] IT SHALL NOT INCLUDE THE FOLLOWING:
   (A) ANY breeder who sells or offers to sell directly to  the  consumer
 fewer  than twenty-five animals per year that are born and raised on the
 breeder's residential premises [shall not be considered a pet dealer  as
 a  result  of  selling or offering to sell such animals. Such definition
 shall further not include duly incorporated humane  societies  dedicated
 to  the  care  of unwanted animals which make such animals available for
 adoption whether or not a fee for such adoption is charged.];
   (B) ANY MUNICIPAL POUND OR SHELTER DEDICATED TO THE CARE  OF  UNWANTED
 ANIMALS WHICH MAKES SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A
 FEE FOR SUCH ADOPTION IS CHARGED, ESTABLISHED AND MAINTAINED PURSUANT TO
 SUBDIVISION ONE OF SECTION ONE HUNDRED FOURTEEN OF THIS CHAPTER; AND
   (C)  ANY  DULY  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO
 ANIMALS, DULY INCORPORATED  HUMANE  SOCIETY,  DULY  INCORPORATED  ANIMAL
 PROTECTIVE  ASSOCIATION  OR  OTHER  DULY INCORPORATED ANIMAL ADOPTION OR
 ANIMAL RESCUE ORGANIZATION DEDICATED TO THE  CARE  OF  UNWANTED  ANIMALS
 WHICH MAKES SUCH ANIMALS AVAILABLE FOR ADOPTION WHETHER OR NOT A FEE FOR
 SUCH ADOPTION IS CHARGED THAT IS EXEMPT FROM TAXES PURSUANT TO PARAGRAPH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10584-02-7

 A. 7195                             2
 
 (3)  OF  SUBSECTION  (C)  OF SECTION 501 OF THE FEDERAL INTERNAL REVENUE
 CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT  CORRESPONDING  SECTIONS  OF  THE
 FEDERAL  INTERNAL  REVENUE  CODE,  AS FROM TIME TO TIME AMENDED, THAT IS
 REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED EIGHT OF
 THIS ARTICLE.
   §  2.  The  agriculture  and  markets  law  is amended by adding a new
 section 408 to read as follows:
   § 408. EXEMPTION OF CERTAIN ENTITIES FROM THE DEFINITION OF PET  DEAL-
 ER; REGISTRATION REQUIRED. 1. ANY PERSON ELIGIBLE FOR EXEMPTION FROM THE
 DEFINITION  OF  PET DEALER PURSUANT TO PARAGRAPH (C) OF SUBDIVISION FOUR
 OF SECTION FOUR HUNDRED OF THIS  ARTICLE  SHALL  BE  REGISTERED  BY  THE
 DEPARTMENT PURSUANT TO THE PROVISIONS OF THIS SECTION. SUCH REGISTRATION
 SHALL  BE  RENEWABLE ANNUALLY AND BE ACCOMPANIED BY A FEE OF ONE HUNDRED
 DOLLARS.
   2. APPLICATION FOR REGISTRATION AS SET FORTH IN THIS SECTION SHALL  BE
 MADE  ANNUALLY  TO  THE COMMISSIONER ON A FORM PRESCRIBED BY THE COMMIS-
 SIONER. THE APPLICANT SHALL SATISFY THE COMMISSIONER OF HIS OR HER CHAR-
 ACTER AND RESPONSIBILITY AND SHALL SET FORTH  SUCH  INFORMATION  AS  THE
 COMMISSIONER SHALL REQUIRE, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   (A)  PROOF OF THE APPLICANT'S TAX EXEMPT DESIGNATION PURSUANT TO PARA-
 GRAPH (3) OF SUBSECTION (C) OF  SECTION  501  OF  THE  FEDERAL  INTERNAL
 REVENUE CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT CORRESPONDING SECTIONS OF
 THE FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED;
   (B)  PROOF OF THE APPLICANT'S INCORPORATION AS A NOT-FOR-PROFIT ORGAN-
 IZATION IN THIS STATE PURSUANT TO THE  NOT-FOR-PROFIT  CORPORATION  LAW,
 PROVIDED  FURTHER  THAT  SUCH  ORGANIZATION IS IN GOOD STANDING WITH THE
 ATTORNEY GENERAL AND THE DEPARTMENT OF STATE;
   (C) PROOF OF THE APPLICANT'S REGISTRATION WITH  THE  ATTORNEY  GENERAL
 PURSUANT TO ARTICLE SEVEN-A OF THE EXECUTIVE LAW;
   (D)  THE  NAME  OF THE APPLICANT AND THE NAME OR NAMES UNDER WHICH THE
 APPLICANT OFFERS ITS SERVICES TO THE PUBLIC, ANY NAME  UNDER  WHICH  THE
 APPLICANT  HAS  OFFERED  ITS SERVICES TO THE PUBLIC DURING THE PAST FIVE
 YEARS, AND WHETHER THE APPLICANT HAS EVER HELD A LICENSE ISSUED PURSUANT
 TO THIS ARTICLE;
   (E) THE ADDRESS AND TELEPHONE NUMBER OF  THE  APPLICANT  AND  FOR  ANY
 OTHER  PREMISE OWNED OR LEASED BY SUCH APPLICANT'S ORGANIZATION TO CARRY
 OUT THE PURPOSES FOR WHICH IT WAS INCORPORATED AND BY WHICH  IT  MAY  BE
 ELIGIBLE FOR A LICENSING EXEMPTION PURSUANT TO THIS SECTION;
   (F) THE WEBSITE AND EMAIL ADDRESS OF THE APPLICANT;
   (G)  THE NUMBER OF ANIMALS TAKEN IN, ADOPTED, PLACED INTO PERMANENT OR
 TEMPORARY HOMES, OR OTHERWISE TRANSFERRED INTO, OUT OF,  OR  WITHIN  THE
 STATE BY THE APPLICANT DURING THE PRIOR CALENDAR YEAR;
   (H) THE NUMBER OF ANIMALS CURRENTLY HARBORED BY THE APPLICANT;
   (I)  THE  SPECIES  OF  ANIMAL  THE  APPLICANT  TYPICALLY  HARBORS  FOR
 ADOPTION, PLACEMENT OR TRANSFER;
   (J) A DESCRIPTION OF FACILITIES BY WHICH THE APPLICANT CARRIES OUT THE
 PURPOSES FOR WHICH IT WAS INCORPORATED, INCLUDING A STATEMENT  REGARDING
 WHETHER  THE  APPLICANT HARBORS THE ANIMALS IN ITS CARE IN ITS OWN PHYS-
 ICAL ANIMAL  SHELTER  OR  UTILIZES  FOSTER  HOMES,  COMMERCIAL  BOARDING
 KENNELS OR OTHER ARRANGEMENTS; AND
   (K)  A SWORN STATEMENT, SIGNED BY THE APPLICANT, DECLARING ELIGIBILITY
 FOR A PET DEALER LICENSING EXEMPTION PURSUANT  TO  SUBDIVISION  FOUR  OF
 SECTION FOUR HUNDRED OF THIS ARTICLE.
   3. UPON APPROVAL BY THE COMMISSIONER, THE REGISTRATION SHALL BE ISSUED
 TO  THE  APPLICANT AND AN EXEMPTION FROM THE DEFINITION OF PET DEALER AS
 DEFINED IN SECTION FOUR HUNDRED OF THIS ARTICLE SHALL BE GRANTED.  WRIT-

 A. 7195                             3
 
 TEN  APPROVAL OF SUCH REGISTRATION SHALL BE PROVIDED TO THE APPLICANT BY
 THE COMMISSIONER AND SHALL BE ACCOMPANIED  BY  A  PET  DEALER  EXEMPTION
 IDENTIFICATION  NUMBER,  WHICH  SHALL  BE  PROMINENTLY  DISPLAYED ON THE
 REGISTRANT'S  WEBSITES  AND  ACCOMPANY SUCH REGISTRANT'S PUBLICATIONS OR
 ADVERTISEMENTS MADE  AVAILABLE  TO  THE  PUBLIC  FOLLOWING  REGISTRATION
 APPROVAL.
   4.  THE  COMMISSIONER MAY DENY ANY APPLICATION FOR REGISTRATION AS SET
 FORTH IN SUBDIVISIONS ONE AND TWO OF THIS SECTION OR REVOKE  ANY  REGIS-
 TRATION ALREADY GRANTED, AFTER WRITTEN NOTICE TO THE APPLICANT OR REGIS-
 TRANT AND AN OPPORTUNITY TO BE HEARD, WHEN:
   (A) ANY STATEMENT MADE ON THE APPLICATION OR TO THE COMMISSIONER FOUND
 TO BE FALSE OR MISLEADING;
   (B)  THE APPLICANT OR REGISTRANT, OR AN OFFICER OR DIRECTOR HAS FAILED
 TO COMPLY WITH ANY OF THE PROVISIONS OF THIS SECTION OR RULES AND  REGU-
 LATIONS PROMULGATED PURSUANT TO SUBDIVISION SIX OF THIS SECTION;
   (C)  THE  APPLICANT  OR REGISTRANT, OR AN OFFICER OR DIRECTOR HAS BEEN
 CONVICTED OF A MISDEMEANOR OR FELONY ANIMAL CRUELTY OFFENSE BY  A  COURT
 OF  THE  UNITED STATES OR ANY STATE OR TERRITORY THEREOF, WITHOUT SUBSE-
 QUENT PARDON BY THE GOVERNOR OR OTHER APPROPRIATE AUTHORITY OF THE STATE
 OR JURISDICTION IN WHICH SUCH  CONVICTION  OCCURRED,  OR  RECEIPT  OF  A
 CERTIFICATE OF RELIEF FROM DISABILITIES OR A CERTIFICATE OF GOOD CONDUCT
 PURSUANT TO ARTICLE TWENTY-THREE OF THE CORRECTION LAW;
   (D)  THE  APPLICANT OR REGISTRANT IS DETERMINED BY THE COMMISSIONER TO
 BE IN VIOLATION OF THE DEPARTMENT'S DOG AND CAT IMPORTATION  REGULATIONS
 PURSUANT TO 1 NYCRR PART 65;
   (E)  THE  APPLICANT OR REGISTRANT IS DETERMINED BY THE COMMISSIONER TO
 BE IN VIOLATION OF SECTION TWENTY-ONE HUNDRED FORTY-ONE  OF  THE  PUBLIC
 HEALTH  LAW  OR  ANY  RULE  OR  REGULATION PROMULGATED THEREUNDER BY THE
 COMMISSIONER OF HEALTH; AND
   (F) THE APPLICANT OR REGISTRANT, OR AN OFFICER OR  DIRECTOR  HAS  BEEN
 RESPONSIBLE  IN  WHOLE  OR  IN  PART  FOR ANY ACT ON ACCOUNT OF WHICH AN
 APPLICATION FOR REGISTRATION MAY BE DENIED OR A  REGISTRATION  CANCELLED
 PURSUANT TO THE PROVISIONS OF THIS ARTICLE.
   5. ANY PERSON RECEIVING AN EXEMPTION PURSUANT TO THIS SECTION SHALL BE
 SUBJECT  TO THE PROVISIONS PRESCRIBED IN SUBDIVISION TWO OF SECTION FOUR
 HUNDRED SIX OF THIS ARTICLE FOR ANY VIOLATION OF THIS SECTION,  PROVIDED
 FURTHER THAT WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, APPLI-
 CATION  MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE  HAVING  JURISDICTION  BY  A
 SPECIAL  PROCEEDING  TO  ISSUE  AN  INJUNCTION,  AND  UPON NOTICE TO THE
 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
 UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION  OF
 THE  COURT  OR  JUSTICE  THAT  THE DEFENDANT HAS, IN FACT, VIOLATED THIS
 SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT OR JUSTICE, ENJOINING
 AND RESTRAINING ANY FURTHER VIOLATION, WITHOUT REQUIRING PROOF THAT  ANY
 PERSON  HAS,  IN  FACT,  BEEN  INJURED  OR  DAMAGED THEREBY. IN ANY SUCH
 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO  THE  ATTORNEY  GENERAL  AS
 PROVIDED  IN  PARAGRAPH  SIX  OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND  DIRECT  RESTITU-
 TION.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
 SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  LESS
 THAN  ONE  HUNDRED  DOLLARS  AND  NOT MORE THAN ONE THOUSAND DOLLARS. IN
 CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS
 AUTHORIZED  TO TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS
 AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE  CIVIL  PRACTICE  LAW  AND
 RULES.

 A. 7195                             4
 
   6. THE COMMISSIONER IS HEREBY AUTHORIZED TO PROMULGATE RULES AND REGU-
 LATIONS  CONCERNING THE APPLICATION, REGISTRATION AND REVOCATION PROCESS
 DESCRIBED IN THIS SECTION.
   §  3.  Subdivision  3  of  section 752 of the general business law, as
 amended by chapter 687 of the laws  of  2006,  is  amended  to  read  as
 follows:
   3.  For purposes of section seven hundred fifty-three of this article,
 a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
 business,  engages  in  the  sale or offering for sale of more than nine
 animals per year for profit to the public. Such definition shall include
 breeders of animals who sell or offer for sale  animals  directly  to  a
 consumer  but  it  shall not include [duly incorporated humane societies
 dedicated to the care of unwanted animals which make such animals avail-
 able for adoption whether or not a fee for such adoption is charged] ANY
 MUNICIPAL POUND OR SHELTER ESTABLISHED AND MAINTAINED PURSUANT TO SUBDI-
 VISION ONE OF SECTION  ONE  HUNDRED  FOURTEEN  OF  THE  AGRICULTURE  AND
 MARKETS  LAW,  OR  ANY  DULY  INCORPORATED SOCIETY FOR THE PREVENTION OF
 CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, DULY  INCORPORATED
 ANIMAL PROTECTIVE ASSOCIATION OR OTHER DULY INCORPORATED ANIMAL ADOPTION
 OR  ANIMAL  RESCUE ORGANIZATION THAT IS TAX EXEMPT PURSUANT TO PARAGRAPH
 (3) OF SUBSECTION (C) OF SECTION 501 OF  THE  FEDERAL  INTERNAL  REVENUE
 CODE,  26  U.S.C.  501,  OR ANY SUBSEQUENT CORRESPONDING SECTIONS OF THE
 FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO  TIME  AMENDED,  THAT  IS
 REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED EIGHT OF
 THE  AGRICULTURE AND MARKETS LAW. For purposes of sections seven hundred
 fifty-three-a,    seven    hundred    fifty-three-b,    seven    hundred
 fifty-three-c[,]  AND  seven  hundred  fifty-three-d  [and seven hundred
 fifty-three-e] of this article, "pet dealer" shall mean any  person  who
 engages  in  the sale or offering for sale of more than nine animals per
 year for profit to the public. Such definition  shall  include  breeders
 who sell animals; [provided that a] BUT IT SHALL NOT INCLUDE THE FOLLOW-
 ING:
   (A)  ANY  breeder who sells or offers to sell directly to the consumer
 fewer than twenty-five animals per year that are born and raised on  the
 breeders residential premises [shall not be considered a pet dealer as a
 result  of  selling  or  offering  to sell such animals. Such definition
 shall not include duly incorporated humane societies  dedicated  to  the
 care  of unwanted animals which make such animals available for adoption
 whether or not a fee for such adoption is charged].
   (B) ANY MUNICIPAL POUND OR SHELTER ESTABLISHED AND MAINTAINED PURSUANT
 TO SUBDIVISION ONE OF SECTION ONE HUNDRED FOURTEEN  OF  THE  AGRICULTURE
 AND MARKETS LAW.
   (C)  ANY  DULY  INCORPORATED  SOCIETY FOR THE PREVENTION OF CRUELTY TO
 ANIMALS, DULY INCORPORATED  HUMANE  SOCIETY,  DULY  INCORPORATED  ANIMAL
 PROTECTIVE  ASSOCIATION  OR  OTHER  DULY INCORPORATED ANIMAL ADOPTION OR
 ANIMAL RESCUE ORGANIZATION THAT IS EXEMPT FROM TAXES PURSUANT  TO  PARA-
 GRAPH  (3)  OF  SUBSECTION  (C)  OF  SECTION 501 OF THE FEDERAL INTERNAL
 REVENUE CODE, 26 U.S.C. 501, OR ANY SUBSEQUENT CORRESPONDING SECTIONS OF
 THE FEDERAL INTERNAL REVENUE CODE, AS FROM TIME TO TIME AMENDED, THAT IS
 REGISTERED WITH THE DEPARTMENT PURSUANT TO SECTION FOUR HUNDRED EIGHT OF
 THE AGRICULTURE AND MARKETS LAW.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.