NY State Senate Bill S1130

Archive: Last Bill Status - Signed by Governor

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

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Actions

view actions (23)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2022	approval memo.40 signed chap.681
Dec 12, 2022	delivered to governor
Jun 03, 2022	returned to senate passed assembly
May 23, 2022	ordered to third reading rules cal.296 substituted for a4283
May 10, 2022	referred to codes delivered to assembly passed senate
May 05, 2022	advanced to third reading
May 04, 2022	2nd report cal.
May 03, 2022	1st report cal.979
Jan 05, 2022	referred to agriculture returned to senate died in assembly
May 05, 2021	referred to codes delivered to assembly passed senate
Apr 28, 2021	advanced to third reading
Apr 27, 2021	2nd report cal.
Apr 26, 2021	1st report cal.735
Jan 07, 2021	referred to agriculture

Votes

Co-Sponsors

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S1130 (ACTIVE) - Details

See Assembly Version of this Bill:: A4283
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 2019-2020 Legislative Session:: S4234, A6298

S1130 (ACTIVE) - 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.

S1130 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1130

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

 
PURPOSE:

 
SUMMARY OF 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

Section 7 sets the effective date

 
EXISTING LAW:

 
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.

 
LEGISLATIVE HISTORY:

2020: Passed Senate/Died in Agriculture (Assembly)

2019: Died in Domestic Animal Welfare/Died in Agriculture (Assembly)

 
FISCAL IMPLICATIONS:

None
 
LOCAL FISCAL IMPLICATIONS:


 
EFFECTIVE DATE:
One year after it shall have become law

S1130 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1130
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 7, 2021
                                ___________
 
 Introduced  by Sens. GIANARIS, ADDABBO, BIAGGI, BOYLE, BROOKS, GAUGHRAN,
   GOUNARDES, HOYLMAN, JACKSON, KAMINSKY,  KRUEGER,  LIU,  MYRIE,  RAMOS,
   SALAZAR,  SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
   printed, and when printed to be committed to the Committee on Agricul-
   ture

 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.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
 agriculture and markets law, as added by chapter  168  of  the  laws  of
 2017, are amended and a new paragraph (d) is added to read as follows:
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00535-02-1

 S. 1130                             2
 
 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
 (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[.]; AND
   (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 ANY FOR-PROFIT PLACE OF BUSINESS THAT SELLS
 OR  OFFERS  FOR  SALE  ANIMALS TO BE KEPT AS HOUSEHOLD PETS, PET FOOD OR

 S. 1130                             3
 
 SUPPLIES, BUT SHALL NOT INCLUDE BREEDERS  WHO  SELL  OR  OFFER  TO  SELL
 DIRECTLY  TO  THE  CONSUMER  ANIMALS  THAT  ARE  BORN  AND RAISED ON THE
 BREEDER'S RESIDENTIAL PREMISES.
   § 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, LEASE, OFFER TO LEASE,  OFFER
 TO  SELL,  BARTER,  AUCTION, OR OTHERWISE TRANSFER OWNERSHIP OF ANY DOG,
 CAT OR RABBIT.  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
 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  THAT IS NOT AFFILIATED WITH, OR
 HOUSED ON THE PREMISES OF A BREEDER OR BROKER THAT DOES NOT OBTAIN DOGS,
 CATS OR RABBITS FROM A BREEDER OR BROKER  IN  EXCHANGE  FOR  PAYMENT  OR
 COMPENSATION,  AND DOES NOT RESELL DOGS, CATS OR RABBITS OBTAINED FROM A
 BREEDER OR BROKER OR PROVIDE 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 S1130

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

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Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

May 3, 2022 - Agriculture committee Vote

Agriculture Committee Vote: May 3, 2022

May 5, 2021 - floor Vote

Floor Vote: May 5, 2021

Apr 26, 2021 - Agriculture committee Vote

Agriculture Committee Vote: Apr 26, 2021

Co-Sponsors

S1130 (ACTIVE) - Details

S1130 (ACTIVE) - Summary

S1130 (ACTIVE) - Sponsor Memo

S1130 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S1130

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Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

May 11, 2022 - floor Vote

Floor Vote: May 11, 2022

May 10, 2022 - floor Vote

Floor Vote: May 10, 2022

May 3, 2022 - Agriculture committee Vote

Agriculture Committee Vote: May 3, 2022

May 5, 2021 - floor Vote

Floor Vote: May 5, 2021

Apr 26, 2021 - Agriculture committee Vote

Agriculture Committee Vote: Apr 26, 2021

Co-Sponsors

S1130 (ACTIVE) - Details

S1130 (ACTIVE) - Summary

S1130 (ACTIVE) - Sponsor Memo

S1130 (ACTIVE) - Bill Text download pdf

Comments