S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        5392--A

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    April 27, 2009
                                      ___________

       Introduced  by  Sens. SQUADRON, DIAZ, HASSELL-THOMPSON, KRUEGER, KRUGER,
         LAVALLE, ONORATO, SERRANO -- read twice and ordered printed, and  when
         printed  to  be committed to the Committee on Agriculture -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the agriculture and markets law, in relation to a  limit
         on  the  number of intact animals over the age of four months a person
         or business can own, possess, control  or  otherwise  have  charge  or
         custody

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S 380. LIMIT ON INTACT ANIMALS. NO PERSON OR BUSINESS BUYING, SELLING,
    4  OR  OFFERING  FOR  SALE DOGS OR CATS TO THE PUBLIC OR AT WHOLESALE SHALL
    5  OWN, POSSESS, CONTROL OR OTHERWISE HAVE CHARGE OR CUSTODY OF  MORE  THAN
    6  FIFTY  DOGS  OVER  THE  AGE OF FOUR MONTHS AND CATS OVER THE AGE OF FOUR
    7  MONTHS WITH INTACT SEXUAL ORGANS KEPT FOR THE PURPOSE OF BREEDING  THOSE
    8  ANIMALS  AND  SELLING THEIR OFFSPRING AS A COMPANION ANIMAL. A VIOLATION
    9  OF THIS SECTION IS A CLASS A MISDEMEANOR. NOTHING IN THIS SECTION  SHALL
   10  BE  CONSTRUED TO AFFECT ANY PROTECTIONS AFFORDED TO DOGS, CATS, OR OTHER
   11  ANIMALS UNDER ANY OTHER PROVISIONS OF THIS ARTICLE.
   12    S 2. Section 373 of the agriculture and  markets  law  is  amended  by
   13  adding a new subdivision 2-a to read as follows:
   14    2-A.  ANY  SUCH  AGENT OR OFFICER MAY ALSO LAWFULLY TAKE POSSESSION OF
   15  ANY ANIMALS KEPT IN VIOLATION OF SECTION THREE HUNDRED  EIGHTY  OF  THIS
   16  ARTICLE  AND  THE  OFFSPRING  OF SUCH ANIMALS, PROVIDED THAT A COMPLAINT
   17  STATING JUST AND REASONABLE GROUNDS IS MADE UNDER OATH OR AFFIRMATION TO
   18  ANY MAGISTRATE AUTHORIZED TO ISSUE WARRANTS IN CRIMINAL CASES, AND  THAT
   19  SUCH  WARRANT  AUTHORIZING  ENTRY  AND SEARCH IS ISSUED AND DELIVERED BY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10294-05-9
       S. 5392--A                          2

    1  SUCH MAGISTRATE; IF JUST AND REASONABLE CAUSE IS SHOWN,  THE  MAGISTRATE
    2  SHALL IMMEDIATELY ISSUE SUCH WARRANT.
    3    S 3. This act shall take effect on the one hundred eightieth day after
    4  it shall have become a law.