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

                                  1377

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M.  of A. PAULIN, MARKEY, CUSICK, DINOWITZ, GLICK, GOTT-
  FRIED, KOON, LATIMER, PHEFFER, ROSENTHAL, BALL, SPANO  --  Multi-Spon-
  sored  by  --  M. of A. BING, BRADLEY, COLTON, COOK, EDDINGTON, GALEF,
  MAYERSOHN, J. RIVERA, SWEENEY, WEISENBERG, WRIGHT  --  read  once  and
  referred to the Committee on Agriculture

AN  ACT  to  amend the agriculture and markets law, the general business
  law and the general municipal 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 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  OR
TO  ANY  BROKER,  WHOLESALE  DEALER,  EXHIBITOR, MEDICAL FACILITY OR PET
DEALER LICENSED PURSUANT TO THIS ARTICLE.  Such definition shall include
breeders who sell or offer to sell animals; provided that a breeder  who
sells  or  offers  to  sell  directly  to the consumer OR TO ANY BROKER,
WHOLESALE DEALER, EXHIBITOR, MEDICAL FACILITY  OR  PET  DEALER  LICENSED
PURSUANT  TO  THIS  ARTICLE 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.
  S  2.    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:

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

                                                           LBD03867-01-9

A. 1377                             2

  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. For
purposes  of  sections seven hundred fifty-three-a, seven hundred fifty-
three-b, seven hundred fifty-three-c, 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 OR TO  ANY  BROKER,  WHOLESALE
DEALER,  EXHIBITOR,  MEDICAL FACILITY OR PET DEALER LICENSED PURSUANT TO
ARTICLE TWENTY-SIX-A OF THE AGRICULTURE AND MARKETS  LAW.    Such  defi-
nition  shall include breeders who sell animals; provided that a breeder
who sells or offers to sell directly to the consumer OR TO  ANY  BROKER,
WHOLESALE  DEALER,  EXHIBITOR,  MEDICAL  FACILITY OR PET DEALER LICENSED
PURSUANT TO ARTICLE TWENTY-SIX-A OF  THE  AGRICULTURE  AND  MARKETS  LAW
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.
  S 3. Subdivision 4 of section 209-cc of the general municipal law,  as
separately  amended  by  chapters  289  and  538 of the laws of 2005, is
amended to read as follows:
  4. Except for pet dealers as defined in section seven hundred  [fifty-
two-a]  FIFTY-TWO  of the general business law WHO SELL OR OFFER ANIMALS
FOR SALE PURSUANT TO SECTIONS SEVEN HUNDRED FIFTY-THREE-A, SEVEN HUNDRED
FIFTY-THREE-B, SEVEN HUNDRED FIFTY-THREE-C, SEVEN HUNDRED  FIFTY-THREE-D
AND SEVEN HUNDRED FIFTY-THREE-E OF THE GENERAL BUSINESS LAW and zoologi-
cal  facilities and other exhibitors licensed pursuant to title 7 U.S.C.
sections 2133 and 2134, and in the case of  dangerous  dogs  except  for
licensed  veterinarians  in  temporary  possession  of  such dogs, every
person owning, possessing, or harboring a wild animal or a dangerous dog
within this state shall report the presence thereof to the clerk of  the
city,  town,  or  village  in which such wild animal or dangerous dog is
owned, possessed, or harbored. Such report shall be filed annually on  a
date  to  be  determined  by  the state fire administrator in the manner
prescribed by the state fire administrator. A separate report  shall  be
filed for each street address at which any such wild animal or dangerous
dog may be found.
  S 4. This act shall take effect April 1, 2011.