S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6209--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 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.
   § 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.
              

                                                            LBD11012-02-8

 S. 6209--A                          2
 
 SUCH ANIMALS AVAILABLE FOR ADOPTION  WHETHER  OR  NOT  A  FEE  FOR  SUCH
 ADOPTION IS CHARGED.
   § 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.
   § 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. 6209--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.
   § 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. 6209--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.
   § 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. 6209--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.
   § 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.
   § 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. 6209--A                          6
 
 SECTION AND THAT THE VETERINARIAN DOES NOT OTHERWISE PROVIDE  VETERINARY
 SERVICES TO OR HAVE A FINANCIAL INTEREST WITH THE BREEDER.
   §  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.
   §  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.
   §  2. The state finance law is amended by adding a new section 98-d to
 read as follows:
   § 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 TRANSFERRED THER-
 ETO 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.
   § 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.
   § 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.
   § 5. This act shall take effect April 1, 2020; 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.