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.
