S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9946--A
 
                           I N  A S S E M B L Y
 
                             February 27, 2018
                                ___________
 
 Introduced  by  M.  of  A.  O'DONNELL  --  read once and referred to the
   Committee  on  Agriculture  --  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.
                                                            LBD13053-10-8
              

 A. 9946--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.