Bill Text: NY A00351 | 2019-2020 | General Assembly | Introduced

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Bill Title: Amends the definitions of pet dealers; decreases the number of animals a person can distribute to fit under the exemption.

Spectrum: Moderate Partisan Bill (Democrat 8-1)

Status: (Introduced - Dead) 2020-01-08 - referred to agriculture [A00351 Detail]

Download: New_York-2019-A00351-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                           351
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                       (Prefiled)
                                     January 9, 2019
                                       ___________
        Introduced  by  M. of A. PAULIN, JAFFEE, L. ROSENTHAL, DiPIETRO, CUSICK,
          WEPRIN, GLICK, M. G. MILLER -- read once and referred to the Committee
          on Agriculture
        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 168 of the laws of 2017, 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 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] fifteen animals per  year  that  are  born  and
    10  raised on the breeder's residential premises;
    11    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
    12  animals which makes such animals available for adoption whether or not a
    13  fee for such adoption is charged, established and maintained pursuant to
    14  subdivision one of section one hundred fourteen of this chapter; and
    15    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    16  animals,  duly  incorporated  humane  society,  duly incorporated animal
    17  protective association or other duly  incorporated  animal  adoption  or
    18  animal  rescue  organization  dedicated  to the care of unwanted animals
    19  which makes such animals available for adoption whether or not a fee for
    20  such adoption is charged that is exempt from taxes 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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00606-01-9
        A. 351                              2
     1  registered with the department pursuant to section four hundred eight of
     2  this article.
     3    §  2.    Subdivision  3 of section 752 of the general business law, as
     4  amended by chapter 168 of the laws  of  2017,  is  amended  to  read  as
     5  follows:
     6    3.  For purposes of section seven hundred fifty-three of this article,
     7  a "pet dealer" shall mean any person who,  in  the  ordinary  course  of
     8  business,  engages  in  the  sale or offering for sale of more than nine
     9  animals per year for profit to the public. Such definition shall include
    10  breeders of animals who sell or offer for sale  animals  directly  to  a
    11  consumer  but it shall not include any municipal pound or shelter estab-
    12  lished and maintained pursuant to subdivision one of section one hundred
    13  fourteen of the agriculture and markets law, or  any  duly  incorporated
    14  society  for  the  prevention  of  cruelty to animals, duly incorporated
    15  humane society, duly incorporated animal protective association or other
    16  duly incorporated animal adoption or animal rescue organization that  is
    17  tax exempt pursuant to paragraph (3) of subsection (c) of section 501 of
    18  the  federal  Internal  Revenue  Code,  26 U.S.C. 501, or any subsequent
    19  corresponding sections of the federal Internal  Revenue  Code,  as  from
    20  time to time amended, that is registered with the department pursuant to
    21  section  four  hundred  eight  of  the  agriculture and markets law. For
    22  purposes of sections seven hundred fifty-three-a, seven  hundred  fifty-
    23  three-b,  seven hundred fifty-three-c and seven hundred fifty-three-d of
    24  this article, "pet dealer" shall mean any person who engages in the sale
    25  or offering for sale of more than nine animals per year  for  profit  to
    26  the public. Such definition shall include breeders who sell animals; but
    27  it shall not include the following:
    28    (a)  Any  breeder who sells or offers to sell directly to the consumer
    29  fewer than [twenty-five] fifteen animals per  year  that  are  born  and
    30  raised on the breeders residential premises.
    31    (b) Any municipal pound or shelter established and maintained pursuant
    32  to  subdivision  one  of section one hundred fourteen of the agriculture
    33  and markets law.
    34    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    35  animals,  duly  incorporated  humane  society,  duly incorporated animal
    36  protective association or other duly  incorporated  animal  adoption  or
    37  animal  rescue  organization that is exempt from taxes pursuant to para-
    38  graph (3) of subsection (c) of  section  501  of  the  federal  Internal
    39  Revenue Code, 26 U.S.C. 501, or any subsequent corresponding sections of
    40  the federal Internal Revenue Code, as from time to time amended, that is
    41  registered with the department pursuant to section four hundred eight of
    42  the agriculture and markets law.
    43    § 3. This act shall take effect on the one hundred twentieth day after
    44  it shall have become a law.