New York State Assembly

 
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A00981 Summary:

A00981 Actions:

A00981 Committee Votes:

Committee:AGRICULTURE   Chair:Lupardo      
DATE:01/17/2023AYE/NAY:22/0  Action: Favorable refer to committee Rules        
Lupardo
Aye
Tague
Aye
Gunther
Aye
Blankenbush
Aye
Rosenthal
Aye
Hawley
Aye
Barrett
Aye
Fitzpatrick
Aye
Stirpe
Aye
Miller
Aye
Santabarbara
Aye
Friend
Excused
Woerner
Aye
Lemondes
Aye
Jones
Aye
Williams
Aye
Buttenschon
Aye
Kelles
Aye
Septimo
Aye
Zinerman
Aye
Cruz
Aye
Cunningham
Aye
Raga
Aye

Committee:RULES   Chair:Pretlow      
DATE:01/17/2023AYE/NAY:28/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Excused
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A00981 Floor Votes:

A00981 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A981
 
SPONSOR: Rosenthal L

 
TITLE OF BILL:
 
An act to amend the general business law, in relation to showcasing pets
for adoption; and to amend a chapter of the laws of 2022 amending the
agriculture and markets law and the general business law relating to the
sale of dogs, cats and rabbits, as proposed in legislative bills numbers
S. 1130 and A. 4283, in relation to the effectiveness thereof
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to make amendments to Chapter 681 of the
Laws of 2022 relating to the sale of dogs, cats and rabbits.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 provides technical amendments to Chapter 681 of the Laws of
2022 and provides that a retail pet shop shall not be prohibited from
receiving a reasonable rental fee for space to showcase dogs, cats or
rabbits for adoption.
 
Section 2 provides the effective date.
 
 
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. Chapter 681 of the Laws of 2022
prohibited the sale of dogs, cats, and rabbits in retail pet stores in
order to ensure that animals no longer have to face the cruelty, phys-
ical and psychological abuse to which the puppy mill supply chain
subjects animals. This chapter amendment provides technical changes to
Chapter 681 of the Laws of 2022, ensures retail pet stores may receive a
reasonable rental fee for space to showcase dogs, cats or rabbits for
adoption, and sets forth a two-year effective date.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This is a new bill.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None noted.
 
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that section
one of this act shall take effect on the same date and in the same
manner as a chapter of the laws of 2022 amending the agriculture and
markets law and the general business law relating to the sale of dogs,
cats and rabbits, as proposed in legislative bills numbers S.  1130 and
A. 4283, takes effect.

A00981 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           981
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 11, 2023
                                       ___________
 
        Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
          Committee on Agriculture
 
        AN ACT to amend the general business law, in relation to showcasing pets
          for adoption; and to amend a chapter of the laws of 2022 amending  the
          agriculture  and  markets law and the general business law relating to
          the sale of dogs, cats and rabbits, as proposed in  legislative  bills
          numbers S. 1130 and A. 4283, in relation to the effectiveness thereof
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 753-f of the general business law, as  added  by  a
     2  chapter of the laws of 2022 amending the agriculture and markets law and
     3  the general business law relating to the sale of dogs, cats and rabbits,
     4  as proposed in legislative bills numbers S. 1130 and A. 4283, is amended
     5  to read as follows:
     6    §  753-f.  Sale  of dogs, cats and rabbits prohibited. 1. A retail pet
     7  shop as defined in this article shall not sell, lease, offer  to  lease,
     8  offer  to  sell, barter, auction, or otherwise transfer ownership of any
     9  dog, cat or rabbit.  This section shall not be construed to  prohibit  a
    10  retail  pet  shop  from  collaborating  with  the  following entities to
    11  provide space to showcase dogs, cats or rabbits owned  by  [these]  such
    12  entities  for the purpose of adoption; any duly incorporated society for
    13  the prevention of cruelty to animals, duly incorporated humane  society,
    14  duly  incorporated  animal protective association or other duly incorpo-
    15  rated animal adoption or animal rescue organization that:
    16    (a) is exempt from taxes pursuant to paragraph (3) of  subsection  (c)
    17  of  section 501 of the federal Internal Revenue Code, 26 U.S.C.  501, or
    18  any subsequent corresponding sections of the  federal  Internal  Revenue
    19  Code, as from time to time amended[, that];
    20    (b) is registered with the department pursuant to section four hundred
    21  eight of the agriculture and markets law [that];
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04156-01-3
        A. 981                              2
 
     1    (c)  is not affiliated with, or housed on the premises of a breeder or
     2  broker that does not obtain dogs, cats or  rabbits  from  a  breeder  or
     3  broker in exchange for payment or compensation[,]; and
     4    (d)  does  not resell dogs, cats or rabbits obtained from a breeder or
     5  broker or provide payment or compensation to such breeder or broker.
     6    2. This section shall not prohibit a retail pet shop from receiving  a
     7  reasonable  rental  fee  for space to showcase dogs, cats or rabbits for
     8  adoption at such retail pet shop.
     9    § 2. Section 7 of a chapter of the laws of 2022 amending the  agricul-
    10  ture  and  markets law and the general business law relating to the sale
    11  of dogs, cats and rabbits, as proposed in legislative bills  numbers  S.
    12  1130 and A. 4283, is amended to read as follows:
    13    §  7.  This  act shall take effect [one year] two years after it shall
    14  have become a law.
    15    § 3. This act shall take effect immediately; provided,  however,  that
    16  section  one  of  this act shall take effect on the same date and in the
    17  same manner as a chapter of the laws of 2022  amending  the  agriculture
    18  and  markets  law  and  the general business law relating to the sale of
    19  dogs, cats and rabbits, as proposed in legislative bills numbers S. 1130
    20  and A.  4283, takes effect.

A00981 LFIN:

 
NO LFIN