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S08084 Summary:

BILL NOS08084
 
SAME ASNo Same As
 
SPONSORHARCKHAM
 
COSPNSR
 
MLTSPNSR
 
Amd §§403 & 421, add §353-g, Ag & Mkts L
 
Establishes an animal abuser registry; requires background checks for pet store and animal shelter licenses.
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S08084 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8084
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced  by Sen. HARCKHAM -- 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, in relation  to  estab-
          lishing an animal abuser registry
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 403 of the agriculture and markets law  is  amended
     2  by adding a new subdivision 12 to read as follows:
     3    12.  The  applicable license issuer pursuant to the provisions of this
     4  section shall run a background check as part of  every  application  and
     5  renewal  against  the  animal  abuser  registry  established pursuant to
     6  section three hundred fifty-three-g of this chapter and shall not  issue
     7  or renew a license to an applicant or licensee who is on such registry.
     8    §  2. Subdivision 3 of section 403 of the agriculture and markets law,
     9  as amended by chapter 683 of the laws of 2022, is  amended  to  read  as
    10  follows:
    11    3. Each application for a license shall be accompanied by a nonrefund-
    12  able fee of one hundred fifty dollars, except that those pet dealers who
    13  engage in the sale of less than twenty-five animals in a year.
    14    §  3. Subdivision 5 of section 421 of the agriculture and markets law,
    15  as added by chapter 683 of the laws of 2022, is amended and a new subdi-
    16  vision 8 is added to read as follows:
    17    5. Such license shall be renewable annually, upon  the  payment  of  a
    18  nonrefundable fee of one hundred fifty dollars, except that those animal
    19  shelters who adopt out less than twenty-five animals in a year.
    20    8.  The  commissioner  shall  run  a background check as part of every
    21  application and renewal against the animal abuser  registry  established
    22  pursuant  to  section  three  hundred  fifty-three-g of this chapter and
    23  shall not issue or renew a license to an applicant or licensee who is on
    24  such registry.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11622-02-5

        S. 8084                             2
 
     1    § 4. The agriculture and markets  law  is  amended  by  adding  a  new
     2  section 353-g to read as follows:
     3    §  353-g. Animal abuser registry. 1. For purposes of this section, the
     4  term "animal abuser" means a person sixteen years of age  or  older  who
     5  has been convicted of a felony or misdemeanor violation of any provision
     6  of this article or of the comparable statutes of another state.
     7    2.  The  New  York  state  division of criminal justice services shall
     8  maintain a registry of animal abusers required to register  pursuant  to
     9  the  provisions  of this section. The central registry of animal abusers
    10  shall be made available to the public through internet access, telephone
    11  access, written access and in-person  access.  All  of  the  information
    12  contained  in  an  animal abuser's registration shall be made available.
    13  Records of each animal abuser's registration shall be maintained for the
    14  duration of the period in which the animal  abuser  is  required  to  be
    15  registered.
    16    3.  (a) A person convicted of a felony or misdemeanor violation of any
    17  provision of this article shall register with the department of criminal
    18  justice services within ten days of their release from incarceration  or
    19  on the date of conviction, whichever is later.
    20    (b)  Any  animal  abuser  who  enters the state and physically remains
    21  within the boundaries of this state for more than ten  consecutive  days
    22  shall  register  with the department of criminal justice services before
    23  the end of the eleventh day in the state.
    24    4. Any previously registered animal abuser shall reregister  no  later
    25  than ten days after moving to a new location within the state.
    26    5.  When  an  animal abuser registers, the animal abuser shall provide
    27  the following registration information:
    28    (a) the legal name and any other names  or  aliases  that  the  animal
    29  abuser is using or has used;
    30    (b) the date of birth of the animal abuser;
    31    (c) the current address or location of the animal abuser;
    32    (d)  the  animal  protection  offense  for which the animal abuser was
    33  convicted, including the date and place of such conviction; and
    34    (e) a current photograph of the animal abuser.
    35    6. Following an animal abuser's initial registration pursuant  to  the
    36  provisions  of  this  section, an animal abuser shall annually renew the
    37  animal abuser's registration with the  department  of  criminal  justice
    38  services prior to December thirty-first of each subsequent calendar year
    39  for  a period of seven years from the animal abuser's date of conviction
    40  or release from incarceration for the underlying violation of this arti-
    41  cle, whichever is later. An animal abuser who is convicted of  a  subse-
    42  quent  felony  or misdemeanor violation of any provision of this article
    43  or of the comparable statutes of another  state  shall  be  required  to
    44  annually  renew such animal abuser's registration with the department of
    45  criminal justice services prior to December thirty-first of each  subse-
    46  quent calendar year for the rest of their life.
    47    7.  An  animal  abuser  who intentionally or knowingly fails to comply
    48  with the registration requirements, or provides false  information  when
    49  complying  with the registration requirements set forth in this section,
    50  is guilty of a class E felony.
    51    8. Each county sheriff shall provide links to register  with  or  view
    52  the  department of criminal justice services' registry of animal abusers
    53  on their public website.
    54    9.   Within ten days of  receiving  initial  or  updated  registration
    55  information  from  an  animal abuser, the department of criminal justice
    56  services shall forward such information to the applicable county sheriff

        S. 8084                             3
 
     1  who shall contact every humane society, animal  shelter,  local  society
     2  for  the  prevention  of  cruelty to animals organization, and any other
     3  business within a half mile radius of the animal abuser's  residence  or
     4  location and provide them with the animal abuser's registration informa-
     5  tion.
     6    10. No person shall sell, exchange, or otherwise transfer ownership of
     7  any  animal  to  any  person listed on the animal abuser registry estab-
     8  lished pursuant to subdivision two of this section.
     9    § 5. This act shall take effect on the one hundred eightieth day after
    10  it shall have become a law; provided, however, that  the  amendments  to
    11  subdivision  3 of section 403 of the agriculture and markets law made by
    12  section two of this act and the amendments to section 421 of  the  agri-
    13  culture  and  markets  law  made by section three of this act shall take
    14  effect on the same date and in the same manner as  chapter  683  of  the
    15  laws of 2022, takes effect.  Effective immediately, the addition, amend-
    16  ment and/or repeal of any rule or regulation necessary for the implemen-
    17  tation  of  this act on its effective date are authorized to be made and
    18  completed on or before such effective date.
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