Senate Bill S5432

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5432
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2023
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Higher Education
 
 AN ACT to amend the education law, in  relation  to  disclosure  of  the
   cause  of death of certain companion animals; to amend the agriculture
   and markets law, in relation to  authorizing  the  inspection  of  pet
   dealers'  facilities  upon  certain deaths of companion animals and in
   relation to requiring that the department develop a rating system  for
   pet dealers and make certain information available on the department's
   website; and to amend the general business law, in relation to requir-
   ing  pet  dealers  to reimburse consumers if an animal dies within six
   months of the sale of such animal
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  6714 of the education law is amended by adding a
 new subdivision 5 to read as follows:
   5. A VETERINARIAN LICENSED PURSUANT TO THIS ARTICLE SHALL DISCLOSE THE
 CAUSE OF DEATH AND MAY DISCLOSE ANY OTHER RELEVANT RECORDS FOR A COMPAN-
 ION ANIMAL TO THE  DEPARTMENT  OF  AGRICULTURE  AND  MARKETS  WHEN  SUCH
 COMPANION  ANIMAL'S  DEATH  IS  DUE  TO  ILLNESS, DISEASE, OR CONGENITAL
 CONDITION AND SUCH DEATH OCCURS WITHIN SIX MONTHS OF THE OWNER OBTAINING
 SUCH COMPANION ANIMAL FROM A PET DEALER,  AS  DEFINED  IN  SECTION  FOUR
 HUNDRED  OF  THE  AGRICULTURE AND MARKETS LAW.  SUCH DISCLOSURE SHALL BE
 MADE ON A FORM PROVIDED BY THE DEPARTMENT OF AGRICULTURE AND MARKETS AND
 SHALL INCLUDE THE NAME AND ADDRESS OF THE  PET  DEALER  FROM  WHICH  THE
 COMPANION ANIMAL WAS OBTAINED.
   §  2.    Section  405 of the agriculture and markets law is amended by
 adding a new subdivision 4 to read as follows:
   4. THE COMMISSIONER OR HIS OR HER AUTHORIZED  AGENTS  MAY  CONDUCT  AN
 INSPECTION  OF PET DEALERS' FACILITIES WHENEVER IN THE DISCRETION OF THE
 COMMISSIONER OR HIS OR  HER  AUTHORIZED  AGENTS  A  DISCLOSURE  REQUIRED
 PURSUANT  TO SUBDIVISION FIVE OF SECTION SIXTY-SEVEN HUNDRED FOURTEEN OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09109-01-3
              

 S. 5432                             2
 
 THE EDUCATION LAW WARRANTS SUCH INVESTIGATION.  WHERE THE DEPARTMENT HAS
 RECEIVED MORE THAN ONE SUCH DISCLOSURE, THE  DEPARTMENT  MAY  COMMISSION
 WITH  THE  SOCIETY  FOR  THE  PREVENTION OF CRUELTY TO ANIMALS OR ANIMAL
 CONTROL  AGENCY  LOCATED  WITHIN  THE  COUNTY IN WHICH THE OFFICE OF THE
 VETERINARIAN MAKING SUCH DISCLOSURE IS LOCATED TO INSPECT THE PET  DEAL-
 ERS'  FACILITIES AND TO AUDIT THE PAPERWORK FOR ALL COMPANION ANIMALS IN
 SUCH PET DEALERS' FACILITIES  TO  ENSURE  SUCH  COMPANION  ANIMALS  WERE
 PURCHASED FROM A BREEDER LICENSED BY THE STATE.
   § 3. Subdivision 11 of section 403 of the agriculture and markets law,
 as  added  by  chapter  259  of  the laws of 2000, is amended to read as
 follows:
   11. Pet dealers shall conspicuously display their license on the prem-
 ises where the animals are kept for sale so that  they  may  be  readily
 seen  by  potential  consumers.  PET  DEALERS  SHALL  ALSO CONSPICUOUSLY
 DISPLAY ON THE WINDOW OF THE PREMISES A PLACARD CONTAINING   INFORMATION
 FOR  THE  DEPARTMENT'S  WEBSITE  AND WHERE ON SUCH WEBSITE CUSTOMERS CAN
 ACCESS SUCH PET DEALER'S  RATING,  INSPECTION  REPORTS,  AND  COPIES  OF
 DOCUMENTATION  RELATING  TO  THE  DEATH OF ANY COMPANION ANIMALS SOLD BY
 SUCH PET DEALER.   ANY PET DEALER THAT DOES  NOT  DISPLAY  SUCH  PLACARD
 SHALL  BE  FINED  FIVE HUNDRED DOLLARS FOR A FIRST OFFENSE, ONE THOUSAND
 DOLLARS FOR A SECOND OFFENSE, AND TWO THOUSAND FIVE HUNDRED DOLLARS  FOR
 A THIRD AND ANY SUBSEQUENT OFFENSE.
   §  4.  Section  16  of  the  agriculture and markets law is amended by
 adding a new subdivision 50-a to read as follows:
   50-A. DEVELOP A RATING SYSTEM FOR PET DEALERS WITHIN THE  STATE  BASED
 ON THE RESULTS OF INSPECTIONS CONDUCTED PURSUANT TO SECTION FOUR HUNDRED
 FIVE  OF  THIS  CHAPTER  AND  THE RECEIPT OF DISCLOSURES OF THE CAUSE OF
 DEATH AND ANY OTHER RELEVANT RECORDS FOR A COMPANION ANIMAL'S  CAUSE  OF
 DEATH.    THE  RATING OF EACH PET DEALER, THE INSPECTION REPORTS OF EACH
 PET DEALER, AND ANY DISCLOSURE OR OTHER RECORD RELATING TO THE CAUSE  OF
 DEATH OF A COMPANION ANIMAL SOLD BY EACH PET DEALER SHALL BE MADE AVAIL-
 ABLE ON THE DEPARTMENT'S WEBSITE.
   §  5.  Section  753 of the general business law is amended by adding a
 new subdivision 1-a to read as follows:
   1-A. IF, WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS FOLLOWING THE SALE OF
 AN ANIMAL SUBJECT TO THIS ARTICLE  OR  RECEIPT  OF  THE  WRITTEN  NOTICE
 REQUIRED  BY SECTION SEVEN HUNDRED FIFTY-FOUR OF THIS ARTICLE, WHICHEVER
 OCCURRED LAST, SUCH ANIMAL DIES, THE CONSUMER SHALL  RECEIVE  REIMBURSE-
 MENT  FROM THE PET DEALER FOR THE COST OF THE ANIMAL AND FOR ANY VETERI-
 NARY SERVICES FROM A LICENSED VETERINARIAN OF THE  CONSUMER'S  CHOOSING,
 FOR  THE  PURPOSE  OF ATTEMPTING TO CURE THE ANIMAL.  SUCH REIMBURSEMENT
 SHALL BE MADE BY THE PET DEALER NOT LATER THAN TEN BUSINESS DAYS FOLLOW-
 ING RECEIPT OF DOCUMENTATION CONFIRMING THE DEATH OF SUCH ANIMAL  AND  A
 SIGNED  VETERINARY  CERTIFICATION AS HEREIN REQUIRED. SUCH DOCUMENTATION
 AND VETERINARY CERTIFICATION SHALL BE PRESENTED TO THE  PET  DEALER  NOT
 LATER  THAN THREE BUSINESS DAYS FOLLOWING RECEIPT THEREOF BY THE CONSUM-
 ER.
   § 6. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such effective date.