Bill Text: NY A02115 | 2013-2014 | General Assembly | Amended

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Bill Title: Amends the definitions of pet dealers in the agriculture and markets law and the general business law; decreases the number of animals a person can distribute to fit under the exemption.

Spectrum: Strong Partisan Bill (Democrat 13-1)

Status: (Introduced - Dead) 2014-06-16 - ordered to third reading rules cal.246 [A02115 Detail]

Download: New_York-2013-A02115-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2115--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. PAULIN, MARKEY, JAFFEE, KAVANAGH, TITONE, ROSEN-
         THAL, DiPIETRO -- Multi-Sponsored by -- M. of A. GLICK, MILLER,  WEIS-
         ENBERG  --  read  once and referred to the Committee on Agriculture --
         committee discharged, bill amended, ordered reprinted as  amended  and
         recommitted to said committee -- recommitted to the Committee on Agri-
         culture  in  accordance  with  Assembly  Rule  3,  sec. 2 -- 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 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 breeder who sells or offers to sell directly to
    8  the  consumer fewer than [twenty-five] FIFTEEN animals per year that are
    9  born and raised on the  breeder's  residential  premises  shall  not  be
   10  considered  a pet dealer as a result of selling or offering to sell such
   11  animals. Such definition shall [further] not include  duly  incorporated
   12  humane  societies  dedicated  to the care of unwanted animals which make
   13  such animals available for adoption  whether  or  not  a  fee  for  such
   14  adoption is charged.
   15    S  2.    Subdivision  3 of section 752 of the general business law, as
   16  amended by chapter 687 of the laws  of  2006,  is  amended  to  read  as
   17  follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06128-04-4
       A. 2115--B                          2
    1    3.  For purposes of section seven hundred fifty-three of this article,
    2  a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
    3  business,  engages  in  the  sale or offering for sale of more than nine
    4  animals per year for profit  to  the  public.    Such  definition  shall
    5  include  breeders of animals who sell or offer for sale animals directly
    6  to a consumer but it shall not include duly incorporated  humane  socie-
    7  ties  dedicated  to the care of unwanted animals which make such animals
    8  available for adoption whether  or  not  a  fee  for  such  adoption  is
    9  charged.  For  purposes  of  sections seven hundred fifty-three-a, seven
   10  hundred fifty-three-b, seven hundred fifty-three-c[,] AND seven  hundred
   11  fifty-three-d  [and  seven  hundred fifty-three-e] of this article, "pet
   12  dealer" shall mean any person who engages in the sale  or  offering  for
   13  sale  of  more than nine animals per year for profit to the public. Such
   14  definition shall include breeders who  sell  animals;  provided  that  a
   15  breeder  who sells or offers to sell directly to the consumer fewer than
   16  [twenty-five] FIFTEEN animals per year that are born and raised  on  the
   17  breeders  residential premises shall not be considered a pet dealer as a
   18  result of selling or offering to  sell  such  animals.  Such  definition
   19  shall  not  include  duly incorporated humane societies dedicated to the
   20  care of unwanted animals which make such animals available for  adoption
   21  whether or not a fee for such adoption is charged.
   22    S 3. This act shall take effect on the one hundred twentieth day after
   23  it shall have become a law.