Bill Text: NY S05599 | 2017-2018 | General Assembly | Introduced
Bill Title: Exempts certain entities from the definition of pet dealer.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2017-08-14 - SIGNED CHAP.168 [S05599 Detail]
Download: New_York-2017-S05599-Introduced.html
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 as11a result of selling or offering to sell such animals. Such definition12shall further not include duly incorporated humane societies dedicated13to the care of unwanted animals which make such animals available for14adoption 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. LBD10584-02-7S. 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 societies13dedicated to the care of unwanted animals which make such animals avail-14able 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 hundred28fifty-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 a36result of selling or offering to sell such animals. Such definition37shall not include duly incorporated humane societies dedicated to the38care of unwanted animals which make such animals available for adoption39whether 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.