NY State Senate Bill 2009-S7646

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 25, 2010	considered by committee - defeated
Apr 28, 2010	referred to agriculture

Votes

- May 25, 2010 - Agriculture Committee Vote
  S7646
  
  2
  
  Aye
  
  5
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Agriculture Committee Vote: May 25, 2010
      
      aye (2)
      
      Breslin
      
      Montgomery
      
      nay (5)
      
      Ranzenhofer
      
      Seward
      
      Stachowski
      
      Winner
      
      Young
      
      aye wr (2)
      
      Aubertine
      
      Valesky

2009-S7646 (ACTIVE) - Details

See Assembly Version of this Bill:: A10887
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§402, 403 & 404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S3476, A75
2013-2014: S4204, A986
2015-2016: A1624

2009-S7646 (ACTIVE) - Summary

Relates to recordkeeping requirements for pet dealers.

2009-S7646 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7646

 TITLE OF BILL :
An act to amend the agriculture and markets law, in relation to
recordkeeping by pet dealers


 PURPOSE OR GENERAL IDEA OF BILL :
To ensure proper recordkeeping by pet dealers with regard to the
purchase and care of companion animals, and to base licensing fees on
gross sales receipts

 SUMMARY OF SPECIFIC PROVISIONS :
Section one amends section 402 of the agriculture and markets law, as
added by chapter 259 of the laws of 2000, by providing that no animals
may be sold unless the pet dealer is in possession of the records for
such animal. Records shall provide information such as the name and
address of the person from whom the animal was acquired, and other
information that is specified in subdivision one of section 402. Every
animal sold shall have undergone a veterinary examination as mandated
by section 755-a of the general business law. No pet dealer may
purchase an animal from an unlicensed source when the pet dealer knows
that such source is required to be licensed. All licensed pet dealers
shall provide a written release to his or her designated veterinarian
to allow such veterinarian to provide the commissioner, or his or her
authorized agents, with access to all animal health records for each

animal that is acquired, held, sold, or otherwise disposed of. All
licensed pet dealers who sell, offer for sale, or negotiate the sale
of animals with a registered dog or cat breed registry shall provide
such registry associations with a written release to allow such
associations to provide the commissioner, or his or her authorized
agents, access to all animal breed registry records for each animal
acquired, held, sold, or otherwise disposed of.

Section two amends subdivision 3 of section 403 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by providing
that a nonrefundable fee of one hundred dollars shall accompany each
application for a license. Section two also provides that there shall
no longer be a nonrefundable reduced fee of twenty-five dollars for
those who engage in the sale of less than twenty-five animals in a
year.

Section three amends subdivisions 10 and 11 of section 403 of the
agriculture and markets law, as added by chapter 259 of the laws of
2000. Subdivision 10 is amended and provides that the yearly fee for
renewing a pet dealer's license shall be based on the gross sales
receipts for the sale of animals for profit to the public in the
previous year; one hundred dollars for sales less than fifty thousand
dollars and three hundred dollars for sales of fifty thousand dollars
or more. Subdivision 11 is amended and provides that any licensee that
fails to conspicuously post his or her license shall be considered in
violation of the agriculture and markets law and shall be subject to a
penalty as set forth in section 406 of the agriculture and markets
law.

Section four amends subdivision 2 of section 404 of the agriculture
and markets law, as added by chapter 259 of the laws of 2000 by
providing that it shall be a violation of the agriculture and markets
law, subject to a penalty as set forth in section 406 of the
agriculture and markets law, to unreasonably refuse to allow the
commissioner, or his or her authorized agents, to inspect records or
pet dealer facilities.

Section five provides the effective date.

 JUSTIFICATION :
The overall goal of this legislation is to ensure proper care and good
health of companion animals. For instance, the provision that requires
pet dealers to acquire animals from a licensed source will help ensure
that the original breeder or dealer complies with the law and,
therefore, animals coming from that source are the product of good
breeding practices and humane care. By allowing the commissioner of
agriculture and markets, or his or her authorized agents, to have
increased access to records will ensure that the source of animals
sold to consumers in the state will be known, and that the animals
under the dealers care are receiving proper veterinary care.
Additionally, requiring dealers to conspicuously display his or her
license will also ensure that the dealer is licensed and, therefore,
gets inspected. The increased license fee affecting those whose gross
sales receipts are fifty thousand dollars or more reflects a
long-overdue increase and will provide needed revenue.

 PRIOR LEGISLATIVE HISTORY :
This is a new bill.

 FISCAL IMPLICATION :
 None to the state.

 EFFECTIVE DATE :
This act shall take effect April 1, 2011; provided, however, that
effectively immediately, the addition, amendment and/or repeal of any
rule or regulation necessary for the implementation of this act and
its effective date are authorized and directed to be made and
completed on or before such effective date.

2009-S7646 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7646

                            I N  S E N A T E

                             April 28, 2010
                               ___________

Introduced  by  Sen.  OPPENHEIMER -- 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, in relation to  record-
  keeping by pet dealers

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1.  Section 402 of the agriculture and markets law,  as  added
by chapter 259 of the laws of 2000, is amended to read as follows:
  S  402.  Records  of purchase and sale.  1. Each pet dealer shall keep
and maintain records for each animal purchased, acquired, held, sold, or
otherwise disposed of. The records shall include the following:
  [1.] (A) The name and address of the person from whom each animal  was
acquired.  If  the  person from whom the animal was obtained is a dealer
licensed by the United States department of  agriculture,  the  person's
name,  address, and federal dealer identification number. In the case of
cats, if a cat is placed in the custody or possession of the pet  dealer
and  the  source  of  origin  is unknown, the pet dealer shall state the
source of origin as unknown, accompanied by the date, time, and location
of receipt. Notwithstanding the provisions of this subdivision,  no  pet
dealer shall knowingly buy, sell, exhibit, transport, or offer for sale,
exhibition,  or  transportation  any  stolen animal. No pet dealer shall
knowingly sell any cat or dog younger than eight weeks of age.
  [2.] (B) The original source of each  animal  if  different  than  the
person  recorded  in  [subdivision  one] PARAGRAPH (A) of this [section]
SUBDIVISION.
  [3.] (C) The date each animal was acquired.
  [4.] (D) 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.] (E) The name and address of the person  to  whom  any  animal  is
sold,  given,  or  bartered  or  to  whom it is otherwise transferred or

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15725-04-0

S. 7646                             2

delivered. The records shall indicate the date and  method  of  disposi-
tion.
  [6.]  2.  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.
  3.  NO ANIMAL MAY BE SOLD TO THE PUBLIC BY A PET  DEALER  WITHOUT  THE
PET  DEALER  BEING  IN  POSSESSION  OF  THE  RECORDS  FOR THAT ANIMAL AS
PROVIDED IN SUBDIVISION ONE OF  THIS  SECTION  AND  THAT  ANIMAL  HAVING
UNDERGONE  THE  VETERINARY EXAMINATION MANDATED BY SECTION SEVEN HUNDRED
FIFTY-THREE-A OF THE GENERAL BUSINESS LAW.
  4. NO PET DEALER MAY PURCHASE AN ANIMAL FROM A SOURCE THAT IS KNOWN BY
THE PET DEALER TO BE REQUIRED TO BE LICENSED UNDER THIS ARTICLE,  OR  BY
THE  UNITED  STATES  DEPARTMENT  OF AGRICULTURE UNDER THE FEDERAL ANIMAL
WELFARE ACT, AND THAT SOURCE DOES NOT POSSESS SUCH VALID LICENSE.
  5. ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE  SHALL  PROVIDE  A
WRITTEN  RELEASE  TO  HIS  OR  HER DESIGNATED VETERINARIAN TO ALLOW SUCH
VETERINARIAN TO PROVIDE THE  COMMISSIONER,  OR  HIS  OR  HER  AUTHORIZED
AGENTS,  ACCESS  TO  ALL ANIMAL HEALTH RECORDS FOR EACH ANIMAL ACQUIRED,
HELD, SOLD, OR OTHERWISE DISPOSED OF.
  6. ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE WHO SELLS,  OFFERS
FOR  SALE OR NEGOTIATES THE SALE OF ANIMALS WITH A REGISTERED DOG OR CAT
BREED REGISTRY SHALL PROVIDE A WRITTEN RELEASE TO SUCH REGISTRY  ASSOCI-
ATIONS TO ALLOW SUCH ASSOCIATIONS TO PROVIDE THE COMMISSIONER, OR HIS OR
HER  AUTHORIZED  AGENTS, ACCESS TO ALL ANIMAL BREED REGISTRY RECORDS FOR
EACH ANIMAL ACQUIRED, HELD, SOLD, OR OTHERWISE DISPOSED OF.
  S 2. Subdivision 3 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:
  3. Each application for a license shall be accompanied by a nonrefund-
able fee of one hundred dollars[, except  that  those  pet  dealers  who
engage in the sale of less than twenty-five animals in a year, shall pay
a nonrefundable fee of twenty-five dollars].
  S  3.  Subdivisions  10  and  11 of section 403 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, are amended to
read as follows:
  10. Such license  shall  be  renewable  annually,  together  with  the
payment  of a nonrefundable fee [of one hundred dollars, or upon payment
of a nonrefundable fee of twenty-five dollars for those pet dealers  who
engage  in the sale of less than twenty-five animals in a year] BASED ON
THE GROSS SALES RECEIPTS FROM THE SALE OF  ANIMALS  FOR  PROFIT  TO  THE
PUBLIC BY THE LICENSEE IN THE PRIOR YEAR. FOR LICENSEES WITH GROSS SALES
RECEIPTS FROM SUCH SALES OF UNDER FIFTY THOUSAND DOLLARS, THAT FEE SHALL
BE  ONE  HUNDRED  DOLLARS;  FOR LICENSEES WITH GROSS SALES RECEIPTS FROM
SUCH SALES OF FIFTY THOUSAND DOLLARS OR MORE, THAT FEE  SHALL  BE  THREE
HUNDRED DOLLARS.
  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.  ANY LICENSEE THAT FAILS  TO  CONSPICUOUSLY
POST HIS OR HER LICENSE AS REQUIRED BY THIS SUBDIVISION SHALL BE CONSID-
ERED  IN  VIOLATION  OF THIS ARTICLE, AND BE SUBJECT TO A PENALTY AS SET
FORTH IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
  S 4. Subdivision 2 of section 404 of the agriculture and markets  law,
as  added  by  chapter  259  of  the laws of 2000, is amended to read as
follows:

S. 7646                             3

  2.  Material misstatement in or falsification of records  required  to
be  kept  pursuant  to this article, or under any regulation promulgated
thereunder, or failure to allow the commissioner or his or  her  author-
ized  agents to inspect records or pet dealer facilities.  ANY UNREASON-
ABLE REFUSAL TO ALLOW THE COMMISSIONER, OR HIS OR HER AUTHORIZED AGENTS,
TO  INSPECT  RECORDS  OR  PET  DEALER  FACILITIES  SHALL BE CONSIDERED A
VIOLATION OF THIS ARTICLE, AND BE SUBJECT TO A PENALTY AS SET  FORTH  IN
SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
  S 5. This act shall take effect April 1, 2011; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7646

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

May 25, 2010 - Agriculture Committee Vote

Agriculture Committee Vote: May 25, 2010

2009-S7646 (ACTIVE) - Details

2009-S7646 (ACTIVE) - Summary

2009-S7646 (ACTIVE) - Sponsor Memo

2009-S7646 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7646

Share this bill

Sponsored By

Suzi Oppenheimer

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2009-S7646 (ACTIVE) - Details

2009-S7646 (ACTIVE) - Summary

2009-S7646 (ACTIVE) - Sponsor Memo

2009-S7646 (ACTIVE) - Bill Text download pdf

Comments