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S05599 Summary:

BILL NOS05599
 
SAME ASSAME AS A07195
 
SPONSORBOYLE
 
COSPNSRTEDISCO
 
MLTSPNSR
 
Amd §400, add §408, Ag & Mkts L; amd §752, Gen Bus L
 
Exempts certain entities from the definition of pet dealer.
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S05599 Actions:

BILL NOS05599
 
04/19/2017REFERRED TO AGRICULTURE
05/16/20171ST REPORT CAL.941
05/17/20172ND REPORT CAL.
05/22/2017ADVANCED TO THIRD READING
06/07/2017PASSED SENATE
06/07/2017DELIVERED TO ASSEMBLY
06/07/2017referred to codes
06/19/2017substituted for a7195
06/19/2017ordered to third reading rules cal.396
06/19/2017passed assembly
06/19/2017returned to senate
08/09/2017DELIVERED TO GOVERNOR
08/14/2017SIGNED CHAP.168
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S05599 Committee Votes:

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S05599 Floor Votes:

DATE:06/19/2017Assembly Vote  YEA/NAY: 144/0
Yes
Abbate
Yes
Crouch
Yes
Goodell
Yes
Lifton
ER
O'Donnell
Yes
Sepulveda
Yes
Abinanti
Yes
Curran
Yes
Gottfried
Yes
Lopez
Yes
Ortiz
ER
Simanowitz
Yes
Arroyo
Yes
Cusick
Yes
Graf
Yes
Lupardo
Yes
Otis
Yes
Simon
Yes
Aubry
Yes
Cymbrowitz
Yes
Gunther
Yes
Lupinacci
Yes
Palmesano
Yes
Simotas
Yes
Barclay
ER
Davila
Yes
Harris
Yes
Magee
Yes
Palumbo
Yes
Skartados
Yes
Barnwell
Yes
De La Rosa
Yes
Hawley
Yes
Magnarelli
Yes
Paulin
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
ER
Hevesi
Yes
Malliotakis
Yes
Pellegrino
Yes
Solages
Yes
Barron
ER
Dickens
Yes
Hikind
Yes
Mayer
Yes
Peoples-Stokes
Yes
Stec
Yes
Benedetto
Yes
Dilan
Yes
Hooper
Yes
McDonald
Yes
Perry
Yes
Steck
Yes
Bichotte
Yes
Dinowitz
Yes
Hunter
Yes
McDonough
Yes
Pheffer Amato
Yes
Stirpe
Yes
Blake
Yes
DiPietro
Yes
Hyndman
Yes
McKevitt
Yes
Pichardo
Yes
Thiele
Yes
Blankenbush
Yes
D'Urso
Yes
Jaffee
Yes
McLaughlin
Yes
Pretlow
Yes
Titone
Yes
Brabenec
Yes
Englebright
Yes
Jean-Pierre
Yes
Miller B
Yes
Quart
Yes
Titus
Yes
Braunstein
Yes
Errigo
Yes
Jenne
Yes
Miller MG
Yes
Ra
Yes
Vanel
Yes
Brindisi
Yes
Fahy
Yes
Johns
Yes
Miller ML
Yes
Raia
Yes
Walker
Yes
Bronson
Yes
Farrell
Yes
Jones
Yes
Montesano
Yes
Ramos
Yes
Wallace
Yes
Buchwald
Yes
Finch
Yes
Joyner
Yes
Morelle
Yes
Richardson
Yes
Walsh
Yes
Butler
Yes
Fitzpatrick
Yes
Kavanagh
Yes
Morinello
Yes
Rivera
Yes
Walter
Yes
Byrne
Yes
Friend
Yes
Kearns
Yes
Mosley
ER
Rodriguez
Yes
Weinstein
Yes
Cahill
Yes
Galef
Yes
Kim
Yes
Moya
Yes
Rosenthal
Yes
Weprin
Yes
Carroll
Yes
Gantt
Yes
Kolb
Yes
Murray
Yes
Rozic
Yes
Williams
Yes
Castorina
Yes
Garbarino
Yes
Lalor
Yes
Niou
Yes
Ryan
Yes
Woerner
Yes
Colton
Yes
Giglio
Yes
Lavine
Yes
Nolan
Yes
Santabarbara
Yes
Wright
Yes
Cook
Yes
Gjonaj
Yes
Lawrence
Yes
Norris
Yes
Schimminger
Yes
Zebrowski
Yes
Crespo
Yes
Glick
Yes
Lentol
Yes
Oaks
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S05599 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5599
 
                               2017-2018 Regular Sessions
 
                    IN SENATE
 
                                     April 19, 2017
                                       ___________
 
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture
 
        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to exempting certain entities from the definition  of
          pet dealer

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 4 of section 400 of the agriculture and markets
     2  law, as amended by chapter 687 of the laws of 2006, is amended  to  read
     3  as follows:
     4    4.  "Pet  Dealer" means any person who engages in the sale or offering
     5  for sale of more than nine animals per year for profit  to  the  public.
     6  Such  definition  shall  include  breeders  who  sell  or  offer to sell
     7  animals; provided that [a] it shall not include the following:
     8    (a) Any breeder who sells or offers to sell directly to  the  consumer
     9  fewer  than twenty-five animals per year that are born and raised on the
    10  breeder's residential premises [shall not be considered a pet dealer  as
    11  a  result  of  selling or offering to sell such animals. Such definition
    12  shall further not include duly incorporated humane  societies  dedicated
    13  to  the  care  of unwanted animals which make such animals available for
    14  adoption whether or not a fee for such adoption is charged.];
    15    (b) Any municipal pound or shelter dedicated to the care  of  unwanted
    16  animals which makes such animals available for adoption whether or not a
    17  fee for such adoption is charged, established and maintained pursuant to
    18  subdivision one of section one hundred fourteen of this chapter; and
    19    (c)  Any  duly  incorporated  society for the prevention of cruelty to
    20  animals, duly incorporated  humane  society,  duly  incorporated  animal
    21  protective  association  or  other  duly incorporated animal adoption or
    22  animal rescue organization dedicated to the  care  of  unwanted  animals
    23  which makes such animals available for adoption whether or not a fee for
    24  such adoption is charged that is exempt from taxes pursuant to paragraph
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10584-02-7

        S. 5599                             2
 
     1  (3)  of  subsection  (c)  of section 501 of the federal Internal Revenue
     2  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
     3  federal  Internal  Revenue  Code,  as from time to time amended, that is
     4  registered with the department pursuant to section four hundred eight of
     5  this article.
     6    §  2.  The  agriculture  and  markets  law  is amended by adding a new
     7  section 408 to read as follows:
     8    § 408. Exemption of certain entities from the definition of pet  deal-
     9  er; registration required. 1. Any person eligible for exemption from the
    10  definition  of  pet dealer pursuant to paragraph (c) of subdivision four
    11  of section four hundred of this  article  shall  be  registered  by  the
    12  department pursuant to the provisions of this section. Such registration
    13  shall  be  renewable annually and be accompanied by a fee of one hundred
    14  dollars.
    15    2. Application for registration as set forth in this section shall  be
    16  made  annually  to  the commissioner on a form prescribed by the commis-
    17  sioner. The applicant shall satisfy the commissioner of his or her char-
    18  acter and responsibility and shall set forth  such  information  as  the
    19  commissioner shall require, including but not limited to the following:
    20    (a)  Proof of the applicant's tax exempt designation pursuant to para-
    21  graph (3) of subsection (c) of  section  501  of  the  federal  Internal
    22  Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
    23  the federal Internal Revenue Code, as from time to time amended;
    24    (b)  Proof of the applicant's incorporation as a not-for-profit organ-
    25  ization in this state pursuant to the  not-for-profit  corporation  law,
    26  provided  further  that  such  organization is in good standing with the
    27  attorney general and the department of state;
    28    (c) Proof of the applicant's registration with  the  attorney  general
    29  pursuant to article seven-A of the executive law;
    30    (d)  The  name  of the applicant and the name or names under which the
    31  applicant offers its services to the public, any name  under  which  the
    32  applicant  has  offered  its services to the public during the past five
    33  years, and whether the applicant has ever held a license issued pursuant
    34  to this article;
    35    (e) The address and telephone number of  the  applicant  and  for  any
    36  other  premise owned or leased by such applicant's organization to carry
    37  out the purposes for which it was incorporated and by which  it  may  be
    38  eligible for a licensing exemption pursuant to this section;
    39    (f) The website and email address of the applicant;
    40    (g)  The number of animals taken in, adopted, placed into permanent or
    41  temporary homes, or otherwise transferred into, out of,  or  within  the
    42  state by the applicant during the prior calendar year;
    43    (h) The number of animals currently harbored by the applicant;
    44    (i)  The  species  of  animal  the  applicant  typically  harbors  for
    45  adoption, placement or transfer;
    46    (j) A description of facilities by which the applicant carries out the
    47  purposes for which it was incorporated, including a statement  regarding
    48  whether  the  applicant harbors the animals in its care in its own phys-
    49  ical animal  shelter  or  utilizes  foster  homes,  commercial  boarding
    50  kennels or other arrangements; and
    51    (k)  A sworn statement, signed by the applicant, declaring eligibility
    52  for a pet dealer licensing exemption pursuant  to  subdivision  four  of
    53  section four hundred of this article.
    54    3. Upon approval by the commissioner, the registration shall be issued
    55  to  the  applicant and an exemption from the definition of pet dealer as
    56  defined in section four hundred of this article shall be granted.  Writ-

        S. 5599                             3

     1  ten  approval of such registration shall be provided to the applicant by
     2  the commissioner and shall be accompanied  by  a  pet  dealer  exemption
     3  identification  number,  which  shall  be  prominently  displayed on the
     4  registrant's  websites  and  accompany such registrant's publications or
     5  advertisements made  available  to  the  public  following  registration
     6  approval.
     7    4.  The  commissioner may deny any application for registration as set
     8  forth in subdivisions one and two of this section or revoke  any  regis-
     9  tration already granted, after written notice to the applicant or regis-
    10  trant and an opportunity to be heard, when:
    11    (a) Any statement made on the application or to the commissioner found
    12  to be false or misleading;
    13    (b)  The applicant or registrant, or an officer or director has failed
    14  to comply with any of the provisions of this section or rules and  regu-
    15  lations promulgated pursuant to subdivision six of this section;
    16    (c)  The  applicant  or registrant, or an officer or director has been
    17  convicted of a misdemeanor or felony animal cruelty offense by  a  court
    18  of  the  United States or any state or territory thereof, without subse-
    19  quent pardon by the governor or other appropriate authority of the state
    20  or jurisdiction in which such  conviction  occurred,  or  receipt  of  a
    21  certificate of relief from disabilities or a certificate of good conduct
    22  pursuant to article twenty-three of the correction law;
    23    (d)  The  applicant or registrant is determined by the commissioner to
    24  be in violation of the department's dog and cat importation  regulations
    25  pursuant to 1 NYCRR Part 65;
    26    (e)  The  applicant or registrant is determined by the commissioner to
    27  be in violation of section twenty-one hundred forty-one  of  the  public
    28  health  law  or  any  rule  or  regulation promulgated thereunder by the
    29  commissioner of health; and
    30    (f) The applicant or registrant, or an officer or  director  has  been
    31  responsible  in  whole  or  in  part  for any act on account of which an
    32  application for registration may be denied or a  registration  cancelled
    33  pursuant to the provisions of this article.
    34    5. Any person receiving an exemption pursuant to this section shall be
    35  subject  to the provisions prescribed in subdivision two of section four
    36  hundred six of this article for any violation of this section,  provided
    37  further that whenever there shall be a violation of this section, appli-
    38  cation  may be made by the attorney general in the name of the people of
    39  the state of New York to a court or justice  having  jurisdiction  by  a
    40  special  proceeding  to  issue  an  injunction,  and  upon notice to the
    41  defendant of not less than five days, to enjoin and restrain the contin-
    42  uance of such violations; and if it shall appear to the satisfaction  of
    43  the  court  or  justice  that  the defendant has, in fact, violated this
    44  section, an injunction may be issued by such court or justice, enjoining
    45  and restraining any further violation, without requiring proof that  any
    46  person  has,  in  fact,  been  injured  or  damaged thereby. In any such
    47  proceeding, the court may make allowances to  the  attorney  general  as
    48  provided  in  paragraph  six  of subdivision (a) of section eighty-three
    49  hundred three of the civil practice law and rules, and  direct  restitu-
    50  tion.  Whenever  the  court  shall  determine  that  a violation of this
    51  section has occurred, the court may impose a civil penalty of  not  less
    52  than  one  hundred  dollars  and  not more than one thousand dollars. In
    53  connection with any such proposed application, the attorney  general  is
    54  authorized  to take proof and make a determination of the relevant facts
    55  and to issue subpoenas in accordance with the  civil  practice  law  and
    56  rules.

        S. 5599                             4
 
     1    6. The commissioner is hereby authorized to promulgate rules and regu-
     2  lations  concerning the application, registration and revocation process
     3  described in this section.
     4    §  3.  Subdivision  3  of  section 752 of the general business law, as
     5  amended by chapter 687 of the laws  of  2006,  is  amended  to  read  as
     6  follows:
     7    3.  For purposes of section seven hundred fifty-three of this article,
     8  a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
     9  business,  engages  in  the  sale or offering for sale of more than nine
    10  animals per year for profit to the public. Such definition shall include
    11  breeders of animals who sell or offer for sale  animals  directly  to  a
    12  consumer  but  it  shall not include [duly incorporated humane societies
    13  dedicated to the care of unwanted animals which make such animals avail-
    14  able for adoption whether or not a fee for such adoption is charged] any
    15  municipal pound or shelter established and maintained pursuant to subdi-
    16  vision one of section  one  hundred  fourteen  of  the  agriculture  and
    17  markets  law,  or  any  duly  incorporated society for the prevention of
    18  cruelty to animals, duly incorporated humane society, duly  incorporated
    19  animal protective association or other duly incorporated animal adoption
    20  or  animal  rescue organization that is tax exempt pursuant to paragraph
    21  (3) of subsection (c) of section 501 of  the  federal  Internal  Revenue
    22  Code,  26  U.S.C.  501,  or any subsequent corresponding sections of the
    23  federal Internal Revenue Code, as from time to  time  amended,  that  is
    24  registered with the department pursuant to section four hundred eight of
    25  the  agriculture and markets law. For purposes of sections seven hundred
    26  fifty-three-a,    seven    hundred    fifty-three-b,    seven    hundred
    27  fifty-three-c[,]  and  seven  hundred  fifty-three-d  [and seven hundred
    28  fifty-three-e] of this article, "pet dealer" shall mean any  person  who
    29  engages  in  the sale or offering for sale of more than nine animals per
    30  year for profit to the public. Such definition  shall  include  breeders
    31  who sell animals; [provided that a] but it shall not include the follow-
    32  ing:
    33    (a)  Any  breeder who sells or offers to sell directly to the consumer
    34  fewer than twenty-five animals per year that are born and raised on  the
    35  breeders residential premises [shall not be considered a pet dealer as a
    36  result  of  selling  or  offering  to sell such animals. Such definition
    37  shall not include duly incorporated humane societies  dedicated  to  the
    38  care  of unwanted animals which make such animals available for adoption
    39  whether or not a fee for such adoption is charged].
    40    (b) Any municipal pound or shelter established and maintained pursuant
    41  to subdivision one of section one hundred fourteen  of  the  agriculture
    42  and markets law.
    43    (c)  Any  duly  incorporated  society for the prevention of cruelty to
    44  animals, duly incorporated  humane  society,  duly  incorporated  animal
    45  protective  association  or  other  duly incorporated animal adoption or
    46  animal rescue organization that is exempt from taxes pursuant  to  para-
    47  graph  (3)  of  subsection  (c)  of  section 501 of the federal Internal
    48  Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
    49  the federal Internal Revenue Code, as from time to time amended, that is
    50  registered with the department pursuant to section four hundred eight of
    51  the agriculture and markets law.
    52    § 4. This act shall take effect on the ninetieth day  after  it  shall
    53  have become a law.
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