NY State Senate Bill 2017-S5599

Archive: Last Bill Status - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 14, 2017	signed chap.168
Aug 09, 2017	delivered to governor
Jun 19, 2017	returned to senate passed assembly ordered to third reading rules cal.396 substituted for a7195
Jun 07, 2017	referred to codes delivered to assembly passed senate
May 22, 2017	advanced to third reading
May 17, 2017	2nd report cal.
May 16, 2017	1st report cal.941
Apr 19, 2017	referred to agriculture

Votes

- Jun 7, 2017 - Floor Vote
  S5599
  
  61
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2017
      
      aye (61)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (1)
      
      Hoylman-Sigal
      
      excused (1)
      
      LaValle
  May 16, 2017 - Agriculture Committee Vote
  S5599
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 16, 2017
      
      aye (11)
      
      Brooks
      
      Comrie
      
      Funke
      
      Gallivan
      
      Montgomery
      
      O'Mara
      
      Ranzenhofer
      
      Ritchie
      
      Serrano
      
      Seward
      
      Valesky

co-Sponsors

2017-S5599 (ACTIVE) - Details

See Assembly Version of this Bill:: A7195
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §400, add §408, Ag & Mkts L; amd §752, Gen Bus L

2017-S5599 (ACTIVE) - Summary

Exempts certain entities from the definition of pet dealer.

2017-S5599 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5599

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

This bill would require incorporated animal shelters, rescue
organizations or other non-profit entities that transport or offer
animals up for adoption in New York State to register with the
Department of Agriculture and Markets.

 SUMMARY OF PROVISIONS :

Section one of the bill amends section 400 of the agriculture and
markets law as it relates to stating that certain organizations are
exempt from the pet dealer license including animal shelters, rescue
organizations or other non-profit entities that transport or Offer
animals up for adoption.

Section two of the bill amends the agriculture and markets law by
adding a new section 408 as it relates to requiring the organizations
exempted from the pet dealer license to annually register with the

department. The registration would include important disclosures,
including contact information and address, description of premise,
number of animals transported annually, not-for-profit and federal
501(c)(3) status, and other information on their operations.

Section three of the bill amends section. 752 of the general business
law as it relates to clarifying the definition of pet dealers to
include the entities which are exempt from licensing.

Section four of the bill relates to the effective date.

 JUSTIFICATION :

The number of animals euthanized in U.S. shelters has seen a
precipitous decline in the past four decades, from around 15 million
annually in the 1970's to around 3 million currently. While there is
still much work to be done, this positive trend is the result of
several important factors, including broader access to spay/neuter
services, progressive shelter policies, and active adoption efforts.
Many animal shelters promote active, effective working relationships
with partner shelters and rescue organizations as a part of their work
to reduce euthanasia and increase live release rates.  This can be
seen in high-population settings like New York City, where in 2016 the
Animal Care Centers of NYC (ACC) - the only open-admission animal
shelter serving all five boroughs - reached an all-time high year-end
placement rate for cats and dogs of just under 90%. A powerful
contributing factor was the regular transfer of animals to the
shelter's New Hope Partners, a large network of shelter and rescue
groups that help find loving, adoptive homes for ACC animals.

Likewise in other regions of the state, well-established shelter
groups have enjoyed great success in reducing animal homelessness and
saving lives; robust partnerships with rescues and otter shelters play
a role in these achievements. Mohawk Hudson Humane Society in the
Capital Region, for example, enjoys about a 90% live release rate on
average annually. North Fork Animal Welfare League in Suffolk County
consistently finds homes for almost 95% of all needy animals coming
through their doors. Erie County SPCA, Lollypop Farm in Rochester and
numerous others continue to achieve high adoption rates as well, each
recognizing the importance of strong rescue program partnerships.
Despite this incredible progress, there are unfortunately scores of
not-for-profit sheltering and rescue organizations whose policies and
practices fail to.protect the animals and people they serve. While the
New York State Department of Agriculture and Markets (NYSDAM) is
responsible for the general oversight of municipal animal shelters and
any entity serving in that capacity under contract, the agency has
very little authority over an increasingly large number of animal
organizations importing, transporting and harboring animals under the
auspices of rehoming them, leaving the vast majority virtually
unregulated.

While many of these groups are well-intentioned, this environment has
created a host of animal health, public safety,and consumer protection
challenges, attracting the attention of NYSDAM, the Office of the
Attorney General and other state agencies. Here are a few:

*Failure to comply with state importation regulations. These
regulations require. animal importers to obtain a veterinary health
certificate (commonly called certificate of veterinary inspection or
CVI) from the state from which they are transferring its animals.
When a rescue wrongly decides to import animals without CVIs, NYSDAM
has very little means at their disposal to detect anyone intentionally
flouting,the law in this regard until tragedy strikes.  Sadly, this
has resulted in the documented spread of the life-threatening Rabies
virus, highly contagious Canine Parvovirus, as well as other diseases.

*Failure to comply with the public health law. Section 2141 of the
public health law requires every dog and cat to be actively immunized
against rabies prior to four months of age and that a rabies
certificate be issued. Rabies is a dangerous viral disease which can
be transmitted to humans via animal bite, and almost always leads to
death unless treatment is provided soon after exposure, which sadly
has occurred in New York as the result of a noncompliant rescue. This
certificate must be made available to NYSDAM's state veterinarian upon
importation, but any unregulated entity neglecting to do this (whether
intentionally or by mistake) causes great risk to animals and humans
alike.

*"Safe Haven" for pet dealers/breeders seeking to avoid regulation.
Another Serious and disturbing trend is that entities previously
licensed and inspected by NYSDAM as pet dealers are simply
incorporating as not-for-profit "rescue" organizations to avoid
licensure and inspection. This is an extremely popular trend because
incorporated entities dedicated to the care of unwanted animals are
expressly exempt from regulation under the NYS Pet Dealer Licensing
and Inspection Program. In fact, this tactic has become so popular
that some puppy resellers that otherwise meet the standards and
thresholds for pet dealer regulation never apply for a license in the
first place, and instead receive an immediate exemption through
not-for-profit incorporation. Some of these operations do not even
pretend to be rescuing animals and brazenly continue to source puppies
from the same high-volume breeding operations as pet stores.

The above issues are deeply troubling, especially given that there are
literally hundreds of unregulated entities importing dogs into New
York each year, with absolutely no public knowledge of what ultimately
happens to these animals. To provide a sense of the depth of this
unregulated field, one need only look to the almost 500 hundred
incorporated animal groups currently registered with the Office of the
Attorney General's (OAG) Charities Bureau and recognize that less than
50 of these organizations provide municipal sheltering for local
governments in New York and New York City (and are thereby regulated
to a degree). While these numbers are subject to some fluctuation year
to year, it is safe to estimate that approximately 90% of
not-for-profit animal groups are currently unregulated in our state.

Considering the potentially serious implications of allowing this
unregulated universe to proliferate unchecked, many have called for
the establishment of animal care and facilities standards in law to
improve minimum requirements for those currently regulated and cover a
much larger percentage of animal shelters and rescues (if not the full
spectrum). Indeed, over 35 states have some manner of shelter and
rescue standards in law, whereas New York State remains literally
decades behind with a few pages of outdated, "bare bones" food and
water standards (1 NYCRR Part 77.2) that apply to an alarmingly small
number of animal organizations.

However, New York is so far behind on this issue that to enact
statewide standards sight-unseen would be premature and perhaps even
ill-advised, since so little is understood currently as to who is
actually transporting and rescuing animals both in-state an across our
borders, how they operate, where they are located, and how they
interact with their rescue partners. Therefore measures are necessary
to assist state regulators, local government, the sheltering community
and the general public in generating a more comprehensive picture of
what has come to be a very widespread phenomenon.

Given these concerns, this legislation seeks to allow NYSDAM, for the
first time, to monitor a much higher level of animal transport
activity, while better fulfilling its responsibilities for animal
disease control, public safety and the regulation of pet dealers by
requiring not-for-profit animal organizations - including those
already overseen as municipal contractors to register with the agency
prior to receiving an exemption from the pet dealer law. In doing so,
organizations would disclose key elements of their operations
(detailed in the summary section of this memorandum) to ensure
compliance with existing laws and regulations, while also providing a
measure of transparency to foster public trust. A clear dissemination
of information regarding shelter and rescue practices allows these
entities to provide information that the public wants while at the
same time offering them the opportunity to place such information in
good context and tell their own stories.

 LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S5599 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5599
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                              April 19, 2017
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed 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

 S. 5599                             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-

 S. 5599                             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.

 S. 5599                             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.

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Senate Bill S5599

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 7, 2017 - Floor Vote

Floor Vote: Jun 7, 2017

May 16, 2017 - Agriculture Committee Vote

Agriculture Committee Vote: May 16, 2017

co-Sponsors

2017-S5599 (ACTIVE) - Details

2017-S5599 (ACTIVE) - Summary

2017-S5599 (ACTIVE) - Sponsor Memo

2017-S5599 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5599

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Sponsored By

Phil Boyle

Archive: Last Bill Status - Signed by Governor

co-Sponsors

James Tedisco

2017-S5599 (ACTIVE) - Details

2017-S5599 (ACTIVE) - Summary

2017-S5599 (ACTIVE) - Sponsor Memo

2017-S5599 (ACTIVE) - Bill Text download pdf

Comments