NY State Senate Bill 2017-S7711

Archive: Last Bill Status - In Senate Committee Consumer Protection 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

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Aug 24, 2018	print number 7711b
Aug 24, 2018	amend (t) and recommit to consumer protection
Mar 23, 2018	print number 7711a
Mar 23, 2018	amend and recommit to consumer protection
Feb 09, 2018	referred to consumer protection

Bill Amendments

Original

B (Active)

co-Sponsors

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2017-S7711 - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§752 & 755, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S593

2017-S7711 - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

2017-S7711 - Sponsor Memo

2017-S7711 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7711
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by Sen. GIANARIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to requiring  dogs
   and cats sold by certain pet dealers to be rescue animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 3 of section 752 of the general  business  law,
 as  amended  by  chapter  168 of the laws of 2017, is amended to read as
 follows:
   3. (A) For purposes of section seven hundred fifty-three of this arti-
 cle, 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 any municipal pound or shelter  estab-
 lished and maintained pursuant to subdivision 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  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; but
 it shall not include the following:
   [(a)] (I) 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13053-02-8

 S. 7711                             2
 
   [(b)] (II) Any municipal pound or shelter established  and  maintained
 pursuant to subdivision one of section one hundred fourteen of the agri-
 culture and markets law.
   [(c)] (III) Any duly incorporated society for the prevention of cruel-
 ty  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
 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.
   (B) FOR PURPOSES OF SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS  ARTI-
 CLE,  A  "PET  DEALER"  SHALL  MEAN A RETAIL PET SHOP LOCATION PRIMARILY
 ENGAGED IN RETAILING PETS, PET FOODS, AND PET SUPPLIES,  AS  DEFINED  BY
 THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM. SUCH DEFINITION SHALL
 NOT INCLUDE BREEDERS WHO SELL ANIMALS.
   § 2. The general business law is amended by adding a new section 753-e
 to read as follows:
   § 753-E. REQUIREMENT OF RESCUE STATUS FOR CERTAIN DISPOSITIONS.  A PET
 DEALER  SHALL  NOT SELL OR TRANSFER FOR OWNERSHIP ANY ANIMAL UNLESS SUCH
 ANIMAL WAS OBTAINED FROM A DULY INCORPORATED HUMANE SOCIETY DEDICATED TO
 THE CARE OF UNWANTED ANIMALS, A PUBLIC ANIMAL CONTROL AGENCY OR SHELTER,
 SOCIETY FOR THE PREVENTION OF CRUELTY  TO  ANIMALS  SHELTER,  OR  ANIMAL
 RESCUE  OR ADOPTION ORGANIZATION.  NO PET DEALER SHALL TAKE OWNERSHIP OF
 ANY SUCH ANIMAL FROM ANY SUCH DULY INCORPORATED HUMANE  SOCIETY,  PUBLIC
 ANIMAL  CONTROL AGENCY OR SHELTER, SOCIETY FOR THE PREVENTION OF CRUELTY
 TO ANIMALS SHELTER, OR ANIMAL RESCUE  OR  ADOPTION  ORGANIZATION,  WHICH
 SHALL  RETAIN  OWNERSHIP  OF THE ANIMAL WHILE IT IS IN THE POSSESSION OF
 THE PET DEALER. NOTHING IN THIS SECTION SHALL BE DEEMED  TO  PROHIBIT  A
 PET  DEALER  FROM  RETAINING  A  PORTION  OF  THE ADOPTION FEES NORMALLY
 CHARGED BY ANY SUCH ORGANIZATION OR SHELTER WHEN  THE  OWNERSHIP  OF  AN
 ANIMAL IS TRANSFERRED TO A CONSUMER.
   §  3.  Subdivision  1-a of section 755 of the general business law, as
 added by chapter 259 of the laws of 2000, is amended to read as follows:
   1-a. Any person who violates any provision of  section  seven  hundred
 fifty-three-a,  seven  hundred  fifty-three-b, [or] seven hundred fifty-
 three-c OR SEVEN HUNDRED FIFTY-THREE-E  of  this  article  may  also  be
 subject  to denial, suspension, revocation of, or refusal to renew a pet
 dealer license, in accordance  with  the  provisions  of  sections  four
 hundred three and four hundred four of the agriculture and markets law.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

co-Sponsors

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2017-S7711A - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§752 & 755, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S593

2017-S7711A - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

2017-S7711A - Sponsor Memo

2017-S7711A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7711--A
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced by Sens. GIANARIS, BRESLIN, BROOKS, HAMILTON, HOYLMAN, KRUEG-
   ER, STAVISKY -- read twice and ordered printed, and when printed to be
   committed  to  the  Committee  on  Consumer  Protection  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law, in relation to requiring  dogs
   and cats sold by certain pet dealers to be rescue animals
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 752 of the general  business  law,
 as  amended  by  chapter  168 of the laws of 2017, is amended to read as
 follows:
   3. (A) For purposes of section seven hundred fifty-three of this arti-
 cle, 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 any municipal pound or shelter  estab-
 lished and maintained pursuant to subdivision 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  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; but
 it shall not include the following:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13053-09-8

 S. 7711--A                          2
 
   [(a)] (I) 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.
   [(b)]  (II)  Any municipal pound or shelter established and maintained
 pursuant to subdivision one of section one hundred fourteen of the agri-
 culture and markets law.
   [(c)] (III) Any duly incorporated society for the prevention of cruel-
 ty 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
 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.
   (B)  FOR PURPOSES OF SECTION SEVEN HUNDRED FIFTY-THREE-E OF THIS ARTI-
 CLE, A "PET DEALER" SHALL MEAN A  RETAIL  PET  SHOP  LOCATION  PRIMARILY
 ENGAGED  IN  RETAILING  PETS, PET FOODS, AND PET SUPPLIES, AS DEFINED BY
 THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM. SUCH DEFINITION SHALL
 NOT INCLUDE BREEDERS WHO SELL ANIMALS.
   § 2. The general business law is amended by adding a new section 753-e
 to read as follows:
   § 753-E. REQUIREMENT OF RESCUE STATUS FOR CERTAIN DISPOSITIONS.  1.  A
 PET  DEALER SHALL NOT SELL OR TAKE OWNERSHIP OF ANY ANIMAL AS DEFINED IN
 SECTION SEVEN HUNDRED FIFTY-TWO OF THIS ARTICLE.
   2. (A) NOTHING IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A PET DEAL-
 ER FROM POSSESSING AN ANIMAL UNDER THE OWNERSHIP AND CONTROL OF  A  DULY
 INCORPORATED HUMANE SOCIETY DEDICATED TO THE CARE OF UNWANTED ANIMALS, A
 PUBLIC ANIMAL CONTROL AGENCY OR SHELTER, A SOCIETY FOR THE PREVENTION OF
 CRUELTY TO ANIMALS SHELTER, OR AN ANIMAL RESCUE OR ADOPTION ORGANIZATION
 IN ORDER TO FACILITATE THE ADOPTION OF SUCH ANIMAL BY A CONSUMER.
   (B)  NOTHING  IN THIS SECTION SHALL BE DEEMED TO PROHIBIT A PET DEALER
 FROM RETAINING A  REASONABLE  PORTION  OF  THE  ADOPTION  FEES  NORMALLY
 CHARGED BY ANY SUCH ORGANIZATION OR SHELTER, SUBJECT TO APPROVAL OF SUCH
 ORGANIZATION  OR SHELTER, WHEN THE OWNERSHIP OF AN ANIMAL IS TRANSFERRED
 BY ADOPTION TO A CONSUMER.
   § 3. Subdivision 1-a of section 755 of the general  business  law,  as
 added by chapter 259 of the laws of 2000, is amended to read as follows:
   1-a.  Any  person  who violates any provision of section seven hundred
 fifty-three-a, seven hundred fifty-three-b, [or]  seven  hundred  fifty-
 three-c  OR  SEVEN  HUNDRED  FIFTY-THREE-E  of  this article may also be
 subject to denial, suspension, revocation of, or refusal to renew a  pet
 dealer  license,  in  accordance  with  the  provisions of sections four
 hundred three and four hundred four of the agriculture and markets law.
   § 4. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

co-Sponsors

View additional co-sponsors

2017-S7711B (ACTIVE) - Details

See Assembly Version of this Bill:: A9946
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§752 & 755, add §753-e, Gen Bus L
Versions Introduced in 2019-2020 Legislative Session:: S593

2017-S7711B (ACTIVE) - Summary

Prohibits the sale of dogs and cats by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.

2017-S7711B (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7711B

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the agriculture and markets law and the general business
law, in relation to the prohibition on the sale of dogs and/or cats by
retail pet shops

 
PURPOSE:

To promote animal welfare and find homes for the companion animals most
in need of homes.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision 4 of section 400 of the agriculture and
markets law, adding a new paragraph (d) to include any retail pet shop
as defined in section 752 (8) of the general business law.

Section 2 amends the opening paragraph of subdivision 3 of section 752

of the general business law, and adds a new paragraph (d) to exempt any
retail pet shop from such provisions of law.

Section 3 amends section 752 of the general business law, adding a new
subdivision 8 to define retail pet shop

Section 4 amends the general business law, adding a new section 753-e to
prohibit the sale of dogs or cats by a retail pet shop.

 
JUSTIFICATION:

The problems with puppy mills have been well documented nationwide. A
strong supply chain keeps neighborhood pet stores stocked with poorly
cared for animals ready for purchase. These animals are often mistreated
from the moment of birth and are afflicted with serious health problems
throughout their lives. While our animal shelters house perfectly heal-
thy and adoptable animals, they struggle to compete with designer
animals bred by puppy mills. This proposal would end the cruelty that
these animals face, and find homes for deserving, healthy and loving
animals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2017-S7711B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7711--B
 
                             I N  S E N A T E
 
                             February 9, 2018
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  ADDABBO,  ALCANTARA,  BRESLIN, BROOKS,
   HAMILTON, HOYLMAN, KRUEGER, STAVISKY -- read twice and ordered  print-
   ed,  and  when  printed  to  be committed to the Committee on Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee
 
 AN ACT to amend the agriculture and markets law and the general business
   law, in relation to the prohibition on the sale of dogs and/or cats by
   retail pet shops
 
   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 is amended by adding a new paragraph (d) to read as follows:
   (D)  ANY  RETAIL  PET  SHOP AS DEFINED IN SUBDIVISION EIGHT OF SECTION
 SEVEN HUNDRED FIFTY-TWO OF THE GENERAL BUSINESS LAW.
   § 2. The opening paragraph of subdivision 3  of  section  752  of  the
 general  business law, as amended by chapter 168 of the laws of 2017, is
 amended and a new paragraph (d) is added to read as follows:
   For purposes of section seven hundred fifty-three of this  article,  a
 "pet  dealer" shall mean any person who, in the ordinary course of busi-
 ness, engages in the sale or offering for sale of more than nine animals
 per year for profit to the public. Such definition shall include  breed-
 ers of animals who sell or offer for sale animals directly to a consumer
 but  it  shall not include any RETAIL PET SHOP AS DEFINED IN SUBDIVISION
 EIGHT OF THIS SECTION, municipal pound or shelter established and  main-
 tained  pursuant  to  subdivision 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  incorpo-
 rated  animal  adoption or animal rescue organization that is tax exempt
 pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
 al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
 sections of the federal Internal Revenue Code,  as  from  time  to  time
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD13053-12-8

 S. 7711--B                          2
 
 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 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;  but  it  shall
 not include the following:
   (D)  ANY  RETAIL  PET  SHOP  AS  DEFINED  IN SUBDIVISION EIGHT OF THIS
 SECTION.
   § 3. Section 752 of the general business law is amended  by  adding  a
 new subdivision 8 to read as follows:
   8.  "RETAIL  PET  SHOP"  MEANS  A FOR-PROFIT ESTABLISHMENT OPEN TO THE
 PUBLIC THAT SELLS OR OFFERS FOR SALE ANIMALS TO  BE  KEPT  AS  HOUSEHOLD
 PETS, PET FOOD OR SUPPLIES.
   § 4. The general business law is amended by adding a new section 753-e
 to read as follows:
   §  753-E.  PROHIBITION  ON SALE OF DOGS OR CATS BY RETAIL PET SHOPS. A
 RETAIL PET SHOP SHALL NOT SELL,  OFFER  TO  SELL,  BARTER,  AUCTION,  OR
 OTHERWISE  TRANSFER  OWNERSHIP  OF  ANY  DOG  OR CAT, PROVIDED THAT THIS
 SECTION SHALL NOT BE CONSTRUED  TO  PROHIBIT  A  RETAIL  PET  SHOP  FROM
 COLLABORATING  WITH  THE FOLLOWING ENTITIES TO PROVIDE SPACE TO SHOWCASE
 CATS OR DOGS OWNED BY THESE ENTITIES FOR THE PURPOSE  OF  ADOPTION:  ANY
 DULY INCORPORATED SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY
 INCORPORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL PROTECTIVE ASSOCI-
 ATION OR OTHER DULY INCORPORATED ANIMAL ADOPTION OR ANIMAL RESCUE ORGAN-
 IZATION  THAT  IS  EXEMPT  FROM  TAXES  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 AGRI-
 CULTURE AND MARKETS LAW.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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Senate Bill S7711

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

2017-S7711 - Details

2017-S7711 - Summary

2017-S7711 - Sponsor Memo

2017-S7711 - Bill Text download pdf

co-Sponsors

2017-S7711A - Details

2017-S7711A - Summary

2017-S7711A - Sponsor Memo

2017-S7711A - Bill Text download pdf

co-Sponsors

2017-S7711B (ACTIVE) - Details

2017-S7711B (ACTIVE) - Summary

2017-S7711B (ACTIVE) - Sponsor Memo

2017-S7711B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

co-Sponsors

2017-S7711 - Details

2017-S7711 - Summary

2017-S7711 - Sponsor Memo

2017-S7711 - Bill Text download pdf

co-Sponsors

2017-S7711A - Details

2017-S7711A - Summary

2017-S7711A - Sponsor Memo

2017-S7711A - Bill Text download pdf

co-Sponsors

2017-S7711B (ACTIVE) - Details

2017-S7711B (ACTIVE) - Summary

2017-S7711B (ACTIVE) - Sponsor Memo

2017-S7711B (ACTIVE) - Bill Text download pdf

Comments