The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4234--A                                            A. 6298--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 IN  SENATE  --  Introduced by Sens. GIANARIS, ADDABBO, BIAGGI, CARLUCCI,
   GOUNARDES, HOYLMAN, KRUEGER, RAMOS, SKOUFIS, STAVISKY, THOMAS --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Domestic Animal Welfare  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 IN ASSEMBLY -- Introduced by M. of A. L. ROSENTHAL,  BARNWELL,  EPSTEIN,
   CRUZ, HUNTER, ORTIZ, ARROYO, D'URSO, GOTTFRIED, GLICK, BURKE, SCHMITT,
   SEAWRIGHT,  FERNANDEZ,  MIKULIN, PAULIN, LAVINE, FAHY, LIFTON, JAFFEE,
   MOSLEY, KIM -- Multi-Sponsored by -- M. of A.  HEVESI, SIMON  --  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 agriculture and markets law and the general business
   law, in relation to the sale of dogs, cats and rabbits
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 48 of section 16 of the agriculture and markets
 law,  as added by chapter 384 of the laws of 2015, is amended to read as
 follows:
   48. Make available in written and electronic medium, in a manner read-
 ily accessible to police agencies and officers and  district  attorneys,
 information  about  animal  cruelty and protection laws in this chapter,
 including, but not limited to, article twenty-six of  this  chapter  AND
 SECTION  SEVEN  HUNDRED  FIFTY-THREE-F  OF THE GENERAL BUSINESS LAW. The
 development of such information shall be coordinated with  the  division
 of  criminal  justice  services, including the municipal police training
 council, in a manner designed to enhance training  of  municipal  police
 officers and to assist such officers and district attorneys in enforcing
 and applying such laws.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09180-02-9

 S. 4234--A                          2                         A. 6298--A
 
   §  2.  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.
   § 3. Paragraphs (e) and (f) of subdivision 4 of  section  408  of  the
 agriculture  and  markets  law,  as  added by chapter 168 of the laws of
 2017, are amended and a new paragraph (g) is added to read as follows:
   (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[.]; AND
   (G) THE APPLICANT OR REGISTRANT WAS PREVIOUSLY LICENSED AS A PET DEAL-
 ER PURSUANT TO THIS ARTICLE.
   § 4. 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
 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.
   §  5.  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.
   § 6. The general business law is amended by adding a new section 753-f
 to read as follows:
   § 753-F. SALE OF DOGS, CATS AND RABBITS PROHIBITED. A RETAIL PET  SHOP
 AS  DEFINED  IN  THIS  ARTICLE  SHALL  NOT  SELL, OFFER TO SELL, BARTER,
 AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF  ANY  DOG,  CAT  OR  RABBIT,
 PROVIDED  THAT  THIS SECTION SHALL NOT BE CONSTRUED TO PROHIBIT A RETAIL

 S. 4234--A                          3                         A. 6298--A

 PET SHOP FROM COLLABORATING WITH THE FOLLOWING ENTITIES TO PROVIDE SPACE
 TO SHOWCASE DOGS, CATS OR  RABBITS  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 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. RETAIL PET SHOPS SHALL NOT COLLAB-
 ORATE TO SHOWCASE DOGS, CATS OR RABBITS WITH ANY ENTITY WHICH IS, OR  IS
 AFFILIATED  WITH,  OR  IS HOUSED ON THE PREMISES OF A BREEDER OR BROKER,
 OBTAINS DOGS, CATS OR RABBITS FROM A BREEDER OR BROKER IN  EXCHANGE  FOR
 PAYMENT  OR COMPENSATION, OR RESELLS DOGS, CATS OR RABBITS OBTAINED FROM
 A BREEDER OR BROKER AND PROVIDES PAYMENT OR COMPENSATION TO SUCH BREEDER
 OR BROKER.
   § 7. This act shall take effect one year after it shall have become  a
 law.