S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6560--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M.  of  A. J. A. GIGLIO -- read once and referred to the
   Committee on Higher Education -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  education law, in relation to disclosure of the
   cause of death of certain companion animals; to amend the  agriculture
   and  markets  law,  in  relation  to authorizing the inspection of pet
   dealers' facilities upon certain deaths of companion  animals  and  in
   relation  to requiring that the department develop a rating system for
   pet dealers and make certain information available on the department's
   website; and to amend the general business law, in relation to requir-
   ing pet dealers to reimburse consumers if an animal  dies  within  six
   months of the sale of such animal
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6714 of the education law is amended  by  adding  a
 new subdivision 5 to read as follows:
   5. A VETERINARIAN LICENSED PURSUANT TO THIS ARTICLE SHALL DISCLOSE THE
 CAUSE OF DEATH AND MAY DISCLOSE ANY OTHER RELEVANT RECORDS FOR A COMPAN-
 ION  ANIMAL  TO  THE  DEPARTMENT  OF  AGRICULTURE  AND MARKETS WHEN SUCH
 COMPANION ANIMAL'S DEATH IS  DUE  TO  ILLNESS,  DISEASE,  OR  CONGENITAL
 CONDITION AND SUCH DEATH OCCURS WITHIN SIX MONTHS OF THE OWNER OBTAINING
 SUCH  COMPANION  ANIMAL  FROM  A  PET DEALER, AS DEFINED IN SECTION FOUR
 HUNDRED OF THE AGRICULTURE AND MARKETS LAW.   SUCH DISCLOSURE  SHALL  BE
 MADE ON A FORM PROVIDED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS AND
 SHALL  INCLUDE  THE  NAME  AND  ADDRESS OF THE PET DEALER FROM WHICH THE
 COMPANION ANIMAL WAS OBTAINED.
   § 2.  Section 405 of the agriculture and markets  law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  THE  COMMISSIONER  OR  HIS OR HER AUTHORIZED AGENTS MAY CONDUCT AN
 INSPECTION OF PET DEALERS' FACILITIES WHENEVER IN THE DISCRETION OF  THE
 COMMISSIONER  OR  HIS  OR  HER  AUTHORIZED  AGENTS A DISCLOSURE REQUIRED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10017-04-1
              

 A. 6560--A                          2
 
 PURSUANT TO SUBDIVISION FIVE OF SECTION SIXTY-SEVEN HUNDRED FOURTEEN  OF
 THE EDUCATION LAW WARRANTS SUCH INVESTIGATION.  WHERE THE DEPARTMENT HAS
 RECEIVED  MORE  THAN  ONE SUCH DISCLOSURE, THE DEPARTMENT MAY COMMISSION
 WITH  THE  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS OR ANIMAL
 CONTROL AGENCY LOCATED WITHIN THE COUNTY IN  WHICH  THE  OFFICE  OF  THE
 VETERINARIAN  MAKING SUCH DISCLOSURE IS LOCATED TO INSPECT THE PET DEAL-
 ERS' FACILITIES AND TO AUDIT THE PAPERWORK FOR ALL COMPANION ANIMALS  IN
 SUCH  PET  DEALERS'  FACILITIES  TO  ENSURE  SUCH COMPANION ANIMALS WERE
 PURCHASED FROM A BREEDER LICENSED BY THE STATE.
   § 3. Subdivision 11 of section 403 of the agriculture and markets law,
 as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
 follows:
   11. Pet dealers shall conspicuously display their license on the prem-
 ises  where  the  animals  are kept for sale so that they may be readily
 seen by  potential  consumers.  PET  DEALERS  SHALL  ALSO  CONSPICUOUSLY
 DISPLAY  ON THE WINDOW OF THE PREMISES A PLACARD CONTAINING  INFORMATION
 FOR THE DEPARTMENT'S WEBSITE AND WHERE ON  SUCH  WEBSITE  CUSTOMERS  CAN
 ACCESS  SUCH  PET  DEALER'S  RATING,  INSPECTION  REPORTS, AND COPIES OF
 DOCUMENTATION RELATING TO THE DEATH OF ANY  COMPANION  ANIMALS  SOLD  BY
 SUCH  PET  DEALER.    ANY  PET DEALER THAT DOES NOT DISPLAY SUCH PLACARD
 SHALL BE FINED FIVE HUNDRED DOLLARS FOR A FIRST  OFFENSE,  ONE  THOUSAND
 DOLLARS  FOR A SECOND OFFENSE, AND TWO THOUSAND FIVE HUNDRED DOLLARS FOR
 A THIRD AND ANY SUBSEQUENT OFFENSE.
   § 4. Section 16 of the agriculture  and  markets  law  is  amended  by
 adding a new subdivision 50-a to read as follows:
   50-A.  DEVELOP  A RATING SYSTEM FOR PET DEALERS WITHIN THE STATE BASED
 ON THE RESULTS OF INSPECTIONS CONDUCTED PURSUANT TO SECTION FOUR HUNDRED
 FIVE OF THIS CHAPTER AND THE RECEIPT OF  DISCLOSURES  OF  THE  CAUSE  OF
 DEATH  AND  ANY OTHER RELEVANT RECORDS FOR A COMPANION ANIMAL'S CAUSE OF
 DEATH.  THE RATING OF EACH PET DEALER, THE INSPECTION  REPORTS  OF  EACH
 PET  DEALER, AND ANY DISCLOSURE OR OTHER RECORD RELATING TO THE CAUSE OF
 DEATH OF A COMPANION ANIMAL SOLD BY EACH PET DEALER SHALL BE MADE AVAIL-
 ABLE ON THE DEPARTMENT'S WEBSITE.
   § 5. Section 753 of the general business law is amended  by  adding  a
 new subdivision 1-a to read as follows:
   1-A. IF, WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS FOLLOWING THE SALE OF
 AN  ANIMAL  SUBJECT  TO  THIS  ARTICLE  OR RECEIPT OF THE WRITTEN NOTICE
 REQUIRED BY SECTION SEVEN HUNDRED FIFTY-FOUR OF THIS ARTICLE,  WHICHEVER
 OCCURRED  LAST,  SUCH ANIMAL DIES, THE CONSUMER SHALL RECEIVE REIMBURSE-
 MENT FROM THE PET DEALER FOR THE COST OF THE ANIMAL AND FOR ANY  VETERI-
 NARY  SERVICES  FROM A LICENSED VETERINARIAN OF THE CONSUMER'S CHOOSING,
 FOR THE PURPOSE OF ATTEMPTING TO CURE THE ANIMAL.    SUCH  REIMBURSEMENT
 SHALL BE MADE BY THE PET DEALER NOT LATER THAN TEN BUSINESS DAYS FOLLOW-
 ING  RECEIPT  OF DOCUMENTATION CONFIRMING THE DEATH OF SUCH ANIMAL AND A
 SIGNED VETERINARY CERTIFICATION AS HEREIN REQUIRED.  SUCH  DOCUMENTATION
 AND  VETERINARY  CERTIFICATION  SHALL BE PRESENTED TO THE PET DEALER NOT
 LATER THAN THREE BUSINESS DAYS FOLLOWING RECEIPT THEREOF BY THE  CONSUM-
 ER.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.