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S08084 Summary:

BILL NOS08084A
 
SAME ASSAME AS A10119-A
 
SPONSORHARCKHAM
 
COSPNSRCOONEY, HELMING, PALUMBO
 
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--A
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      May 15, 2025
                                       ___________
 
        Introduced by Sens. HARCKHAM, COONEY, HELMING, PALUMBO -- read twice and
          ordered  printed, and when printed to be committed to the Committee on
          Agriculture -- recommitted to the Committee on Agriculture in  accord-
          ance with Senate Rule 6, sec. 8 -- 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 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
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11622-04-6

        S. 8084--A                          2
 
     1  shall not issue or renew a license to an applicant or licensee who is on
     2  such registry.
     3    §  4.  The  agriculture  and  markets  law  is amended by adding a new
     4  section 353-g to read as follows:
     5    § 353-g. Animal abuser registry. 1. For purposes of this section,  the
     6  term  "animal  abuser"  means a person sixteen years of age or older who
     7  has been convicted of a felony or misdemeanor violation of any provision
     8  of this article or of the comparable statutes of another state.
     9    2. The New York state division  of  criminal  justice  services  shall
    10  maintain  a  registry of animal abusers required to register pursuant to
    11  the provisions of this section. The central registry of  animal  abusers
    12  shall be made available to the public through internet access, telephone
    13  access,  written  access  and  in-person  access. All of the information
    14  contained in an animal abuser's registration shall  be  made  available.
    15  Records of each animal abuser's registration shall be maintained for the
    16  duration  of  the  period  in  which the animal abuser is required to be
    17  registered.
    18    3. (a) A person convicted of a felony or misdemeanor violation of  any
    19  provision of this article shall register with the department of criminal
    20  justice  services within ten days of their release from incarceration or
    21  on the date of conviction, whichever is later.
    22    (b) Any animal abuser who enters  the  state  and  physically  remains
    23  within  the  boundaries of this state for more than ten consecutive days
    24  shall register with the department of criminal justice  services  before
    25  the end of the eleventh day in the state.
    26    4.  Any  previously registered animal abuser shall reregister no later
    27  than ten days after moving to a new location within the state.
    28    5. When an animal abuser registers, the animal  abuser  shall  provide
    29  the following registration information:
    30    (a)  the  legal  name  and  any other names or aliases that the animal
    31  abuser is using or has used;
    32    (b) the date of birth of the animal abuser;
    33    (c) the current address or location of the animal abuser;
    34    (d) the animal protection offense for  which  the  animal  abuser  was
    35  convicted, including the date and place of such conviction; and
    36    (e) a current photograph of the animal abuser.
    37    6.  Following  an animal abuser's initial registration pursuant to the
    38  provisions of this section, an animal abuser shall  annually  renew  the
    39  animal  abuser's  registration  with  the department of criminal justice
    40  services prior to December thirty-first of each subsequent calendar year
    41  for a period of seven years from the animal abuser's date of  conviction
    42  or release from incarceration for the underlying violation of this arti-
    43  cle,  whichever  is later. An animal abuser who is convicted of a subse-
    44  quent felony or misdemeanor violation of any provision of  this  article
    45  or  of  the  comparable  statutes  of another state shall be required to
    46  annually renew such animal abuser's registration with the department  of
    47  criminal  justice services prior to December thirty-first of each subse-
    48  quent calendar year for the rest of their life.
    49    7. An animal abuser who intentionally or  knowingly  fails  to  comply
    50  with  the  registration requirements, or provides false information when
    51  complying with the registration requirements set forth in this  section,
    52  is guilty of a class E felony.
    53    8.  Each  county  sheriff shall provide links to register with or view
    54  the department of criminal justice services' registry of animal  abusers
    55  on their public website.

        S. 8084--A                          3
 
     1    9.    Within  ten  days  of  receiving initial or updated registration
     2  information from an animal abuser, the department  of  criminal  justice
     3  services shall forward such information to the applicable county sheriff
     4  who  shall  contact  every humane society, animal shelter, local society
     5  for  the  prevention  of  cruelty to animals organization, and any other
     6  business within a half mile radius of the animal abuser's  residence  or
     7  location and provide them with the animal abuser's registration informa-
     8  tion.
     9    10. No person shall sell, exchange, or otherwise transfer ownership of
    10  any  animal  to  any  person listed on the animal abuser registry estab-
    11  lished pursuant to subdivision two of this section.
    12    § 5. This act shall take effect on the one hundred eightieth day after
    13  it shall have become a law.  Effective immediately, the addition, amend-
    14  ment and/or repeal of any rule or regulation necessary for the implemen-
    15  tation of this act on its effective date are authorized to be  made  and
    16  completed on or before such effective date.
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