S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5556--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 12, 2017
                                ___________
 
 Introduced  by  Sen. TEDISCO -- 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 general business
   law, in relation to 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 168 of the laws of 2017, 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 it shall not include the following:
   (a) Any breeder who sells or offers to sell directly to  the  consumer
 fewer  than  [twenty-five]  FIFTEEN  animals  per year that are born and
 raised on the breeder's residential premises;
   (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
 (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01078-02-8

 S. 5556--A                          2
 
 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.    Subdivision  3 of section 752 of the general business law, as
 amended by chapter 168 of the laws  of  2017,  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 any municipal pound or shelter estab-
 lished and maintained pursuant to subdivision 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 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; but
 it shall not include the following:
   (a)  Any  breeder who sells or offers to sell directly to the consumer
 fewer than [twenty-five] FIFTEEN animals per  year  that  are  born  and
 raised on the breeders residential premises.
   (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.
   § 3. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.