NY State Senate Bill S4234A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (10)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 21, 2020	referred to agriculture delivered to assembly passed senate
Feb 05, 2020	advanced to third reading
Feb 04, 2020	2nd report cal.
Feb 03, 2020	1st report cal.325
Jan 08, 2020	referred to domestic animal welfare
Jun 11, 2019	print number 4234a
Jun 11, 2019	amend and recommit to domestic animal welfare
Mar 05, 2019	referred to domestic animal welfare

Votes

view votes

Jul 21, 2020 - floor Vote

S4234A

floor

Aye

Nay

Absent

Excused

Abstained

Feb 3, 2020 - Domestic Animal Welfare committee Vote

S4234A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

show Domestic Animal Welfare committee vote details

Domestic Animal Welfare Committee Vote: Feb 3, 2020

aye (6)

absent (1)

Boyle

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

view additional co-sponsors

S4234 - Details

See Assembly Version of this Bill:: A6298
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§16, 400 & 408, Ag & Mkts L; amd §752, add §753-f, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1130, A4283

S4234 - Summary

Prohibits the sale of dogs, cats and rabbits 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.

S4234 - Sponsor Memo

 
BILL NUMBER: S4234

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the agriculture and markets law and
the general business law, in relation to the sale of dogs, cats and
rabbits

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 48 of section 16 of the agriculture and
markets law to provide training materials in accordance with the other
sections of this act

Section 2 amends subdivision 4 of section 400 of the agriculture and
markets law, adding a new paragraph (d) to include retail pet shops as
defined in subdivision 8 of section 752 of the general business law

Section 3 amends paragraphs (e) and (f) of subdivision 4 of section 408
of the agriculture and markets law, and adds a new paragraph (g) to
allow the department to deny the registration of a non-profit if the
entity was previously licensed as a pet dealer

Section 4 amends the opening paragraph of subdivision 3 of section 752
of the general business law, and a new paragraph (d) is added to clarify
that retail pet shops are not considered pet dealers

Section 5 amends section 752 of the general business law, adding a new
subdivision 8 to define "retail pet shop"

Section 6 amends the general business law, adding a new section 753-f to
prohibit the sale of dogs, cats and rabbits.

 
JUSTIFICATION:

At a time where there are healthy and loving pets waiting to be adopted
from animal shelters statewide, there is simply no reason to allow the
sale of puppy mill animals. Puppy mill animals are mistreated from
birth, and often develop behavioral or physical health problems later in
life despite their high price tags. This bill would encourage the
adoption of dogs, cats and rabbits and ensure that animals no longer
have to face the cruelty, physical and psychological abuse to which the
puppy mill supply chain subjects animals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One hundred eightieth day after it shall have become law

S4234 - Bill Text download pdf


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

    S. 4234                                                  A. 6298

                       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  Sen.  GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Domestic
  Animal Welfare

IN ASSEMBLY -- Introduced by M. of A.  L. ROSENTHAL  --  read  once  and
  referred to the Committee on Agriculture

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.
  § 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09180-01-9

S. 4234                             2                            A. 6298

  (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
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

S. 4234                             3                            A. 6298

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 on the one hundred eightieth day after
it shall have become a law.

Co-Sponsors

view additional co-sponsors

S4234A (ACTIVE) - Details

See Assembly Version of this Bill:: A6298
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§16, 400 & 408, Ag & Mkts L; amd §752, add §753-f, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S1130, A4283

S4234A (ACTIVE) - Summary

S4234A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S4234A

SPONSOR: GIANARIS
 
TITLE OF BILL:  An act to amend the agriculture and markets law and
the general business law, in relation to the sale of dogs, cats and
rabbits

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends subdivision 48 of section 16 of the agriculture and
markets law to provide training materials in accordance with the other
sections of this act

Section 2 amends subdivision 4 of section 400 of the agriculture and
markets law, adding a new paragraph (d) to include retail pet shops as
defined in subdivision 8 of section 752 of the general business law

Section 3 amends paragraphs (e) and (f) of subdivision 4 of section 408
of the agriculture and markets law, and adds a new paragraph (g) to
allow the department to deny the registration of a non-profit if the
entity was previously licensed as a pet dealer

Section 4 amends the opening paragraph of subdivision 3 of section 752
of the general business law, and a new paragraph (d) is added to clarify
that retail pet shops are not considered pet dealers

Section 5 amends section 752 of the general business law, adding a new
subdivision 8 to define "retail pet shop"

Section 6 amends the general business law, adding a new section 753-f to
prohibit the sale of dogs, cats and rabbits.

 
JUSTIFICATION:

At a time where there are healthy and loving pets waiting to be adopted
from animal shelters statewide, there is simply no reason to allow the
sale of puppy mill animals. Puppy mill animals are mistreated from
birth, and often develop behavioral or physical health problems later in
life despite their high price tags. This bill would encourage the
adoption of dogs, cats and rabbits and ensure that animals no longer
have to face the cruelty, physical and psychological abuse-to which the
puppy mill supply chain subjects animals.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
One year after it shall have become law

S4234A (ACTIVE) - Bill Text download pdf


                    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.

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The New York State Senate

senate Bill S4234A

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Feb 3, 2020 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 3, 2020

Bill Amendments

Co-Sponsors

S4234 - Details

S4234 - Summary

S4234 - Sponsor Memo

S4234 - Bill Text download pdf

Co-Sponsors

S4234A (ACTIVE) - Details

S4234A (ACTIVE) - Summary

S4234A (ACTIVE) - Sponsor Memo

S4234A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4234A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Jul 21, 2020 - floor Vote

Floor Vote: Jul 21, 2020

Feb 3, 2020 - Domestic Animal Welfare committee Vote

Domestic Animal Welfare Committee Vote: Feb 3, 2020

Bill Amendments

Co-Sponsors

S4234 - Details

S4234 - Summary

S4234 - Sponsor Memo

S4234 - Bill Text download pdf

Co-Sponsors

S4234A (ACTIVE) - Details

S4234A (ACTIVE) - Summary

S4234A (ACTIVE) - Sponsor Memo

S4234A (ACTIVE) - Bill Text download pdf

Comments