•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

S01130 Summary:

BILL NOS01130
 
SAME ASSAME AS A04283
 
SPONSORGIANARIS
 
COSPNSRADDABBO, BAILEY, BIAGGI, BOYLE, BRISPORT, BROOKS, GALLIVAN, GAUGHRAN, GOUNARDES, HARCKHAM, HOYLMAN, JACKSON, KAMINSKY, KAVANAGH, KRUEGER, LIU, MARTUCCI, MATTERA, MAYER, MYRIE, PALUMBO, RAMOS, SALAZAR, SERRANO, SKOUFIS, STAVISKY, THOMAS, WEIK
 
MLTSPNSR
 
Amd §§16, 400 & 408, Ag & Mkts L; amd §752, add §753-f, Gen Bus L
 
Prohibits the sale of dogs, cats and rabbits by retail pet shops; authorizes collaboration with entities to provide space to showcase cats or dogs owned by certain entities for the purpose of adoption.
Go to top    

S01130 Actions:

BILL NOS01130
 
01/07/2021REFERRED TO AGRICULTURE
04/26/20211ST REPORT CAL.735
04/27/20212ND REPORT CAL.
04/28/2021ADVANCED TO THIRD READING
05/05/2021PASSED SENATE
05/05/2021DELIVERED TO ASSEMBLY
05/05/2021referred to codes
01/05/2022died in assembly
01/05/2022returned to senate
01/05/2022REFERRED TO AGRICULTURE
05/03/20221ST REPORT CAL.979
05/04/20222ND REPORT CAL.
05/05/2022ADVANCED TO THIRD READING
05/10/2022PASSED SENATE
05/10/2022DELIVERED TO ASSEMBLY
05/10/2022referred to codes
05/23/2022substituted for a4283
05/23/2022ordered to third reading rules cal.296
06/03/2022passed assembly
06/03/2022returned to senate
Go to top

S01130 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1130
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                     January 7, 2021
                                       ___________
 
        Introduced  by Sens. GIANARIS, ADDABBO, BIAGGI, BOYLE, BROOKS, GAUGHRAN,
          GOUNARDES, HOYLMAN, JACKSON, KAMINSKY,  KRUEGER,  LIU,  MYRIE,  RAMOS,
          SALAZAR,  SERRANO, SKOUFIS, STAVISKY, THOMAS -- read twice and ordered
          printed, and when printed to be committed to the Committee on Agricul-
          ture

        AN ACT to amend the agriculture and markets law and the general business
          law, in relation to the sale of dogs, cats and rabbits
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 48 of section 16 of the agriculture and markets
     2  law,  as added by chapter 384 of the laws of 2015, is amended to read as
     3  follows:
     4    48. Make available in written and electronic medium, in a manner read-
     5  ily accessible to police agencies and officers and  district  attorneys,
     6  information  about  animal  cruelty and protection laws in this chapter,
     7  including, but not limited to, article twenty-six of  this  chapter  and
     8  section  seven  hundred  fifty-three-f  of the general business law. The
     9  development of such information shall be coordinated with  the  division
    10  of  criminal  justice  services, including the municipal police training
    11  council, in a manner designed to enhance training  of  municipal  police
    12  officers and to assist such officers and district attorneys in enforcing
    13  and applying such laws.
    14    §  2.  Paragraphs  (b)  and (c) of subdivision 4 of section 400 of the
    15  agriculture and markets law, as added by chapter  168  of  the  laws  of
    16  2017, are amended and a new paragraph (d) is added to read as follows:
    17    (b)  Any  municipal pound or shelter dedicated to the care of unwanted
    18  animals which makes such animals available for adoption whether or not a
    19  fee for such adoption is charged, established and maintained pursuant to
    20  subdivision one of section one hundred fourteen of this chapter;[ and]
    21    (c) Any duly incorporated society for the  prevention  of  cruelty  to
    22  animals,  duly  incorporated  humane  society,  duly incorporated animal
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00535-02-1

        S. 1130                             2
 
     1  protective association or other duly  incorporated  animal  adoption  or
     2  animal  rescue  organization  dedicated  to the care of unwanted animals
     3  which makes such animals available for adoption whether or not a fee for
     4  such adoption is charged that is exempt from taxes pursuant to paragraph
     5  (3)  of  subsection  (c)  of section 501 of the federal Internal Revenue
     6  Code, 26 U.S.C. 501, or any subsequent  corresponding  sections  of  the
     7  federal  Internal  Revenue  Code,  as from time to time amended, that is
     8  registered with the department pursuant to section four hundred eight of
     9  this article[.]; and
    10    (d) Any retail pet shop as defined in  subdivision  eight  of  section
    11  seven hundred fifty-two of the general business law.
    12    §  3.  Paragraphs  (e)  and (f) of subdivision 4 of section 408 of the
    13  agriculture and markets law, as added by chapter  168  of  the  laws  of
    14  2017, are amended and a new paragraph (g) is added to read as follows:
    15    (e)  The  applicant or registrant is determined by the commissioner to
    16  be in violation of section twenty-one hundred forty-one  of  the  public
    17  health  law  or  any  rule  or  regulation promulgated thereunder by the
    18  commissioner of health; [and]
    19    (f) The applicant or registrant, or an officer or  director  has  been
    20  responsible  in  whole  or  in  part  for any act on account of which an
    21  application for registration may be denied or a  registration  cancelled
    22  pursuant to the provisions of this article[.]; and
    23    (g) The applicant or registrant was previously licensed as a pet deal-
    24  er pursuant to this article.
    25    §  4.  The  opening  paragraph  of subdivision 3 of section 752 of the
    26  general business law, as amended by chapter 168 of the laws of 2017,  is
    27  amended and a new paragraph (d) is added to read as follows:
    28    For  purposes  of section seven hundred fifty-three of this article, a
    29  "pet dealer" shall mean any person who, in the ordinary course of  busi-
    30  ness, engages in the sale or offering for sale of more than nine animals
    31  per  year for profit to the public. Such definition shall include breed-
    32  ers of animals who sell or offer for sale animals directly to a consumer
    33  but it shall not include any retail pet shop as defined  in  subdivision
    34  eight  of this section, municipal pound or shelter established and main-
    35  tained pursuant to subdivision one of section one  hundred  fourteen  of
    36  the  agriculture  and  markets law, or any duly incorporated society for
    37  the prevention of cruelty to animals, duly incorporated humane  society,
    38  duly  incorporated  animal protective association or other duly incorpo-
    39  rated animal adoption or animal rescue organization that is  tax  exempt
    40  pursuant to paragraph (3) of subsection (c) of section 501 of the feder-
    41  al Internal Revenue Code, 26 U.S.C. 501, or any subsequent corresponding
    42  sections  of  the  federal  Internal  Revenue Code, as from time to time
    43  amended, that is registered with the department pursuant to section four
    44  hundred eight of the  agriculture  and  markets  law.  For  purposes  of
    45  sections seven hundred fifty-three-a, seven hundred fifty-three-b, seven
    46  hundred  fifty-three-c  and seven hundred fifty-three-d of this article,
    47  "pet dealer" shall mean any person who engages in the sale  or  offering
    48  for  sale  of  more than nine animals per year for profit to the public.
    49  Such definition shall include breeders who sell animals;  but  it  shall
    50  not include the following:
    51    (d)  Any  retail  pet  shop  as  defined  in subdivision eight of this
    52  section.
    53    § 5. Section 752 of the general business law is amended  by  adding  a
    54  new subdivision 8 to read as follows:
    55    8. "Retail pet shop" means any for-profit place of business that sells
    56  or  offers  for  sale  animals to be kept as household pets, pet food or

        S. 1130                             3
 
     1  supplies, but shall not include breeders  who  sell  or  offer  to  sell
     2  directly  to  the  consumer  animals  that  are  born  and raised on the
     3  breeder's residential premises.
     4    § 6. The general business law is amended by adding a new section 753-f
     5  to read as follows:
     6    §  753-f. Sale of dogs, cats and rabbits prohibited. A retail pet shop
     7  as defined in this article shall not sell, lease, offer to lease,  offer
     8  to  sell,  barter,  auction, or otherwise transfer ownership of any dog,
     9  cat or rabbit.  This section shall not be construed to prohibit a retail
    10  pet shop from collaborating with the following entities to provide space
    11  to showcase dogs, cats or  rabbits  owned  by  these  entities  for  the
    12  purpose of adoption; any duly incorporated society for the prevention of
    13  cruelty  to animals, duly incorporated humane society, duly incorporated
    14  animal protective association or other duly incorporated animal adoption
    15  or animal rescue organization that is  exempt  from  taxes  pursuant  to
    16  paragraph  (3)  of subsection (c) of section 501 of the federal Internal
    17  Revenue Code, 26 U.S.C.  501, or any subsequent  corresponding  sections
    18  of the federal Internal Revenue Code, as from time to time amended, that
    19  is registered with the department pursuant to section four hundred eight
    20  of  the  agriculture  and  markets  law  that is not affiliated with, or
    21  housed on the premises of a breeder or broker that does not obtain dogs,
    22  cats or rabbits from a breeder or broker  in  exchange  for  payment  or
    23  compensation,  and does not resell dogs, cats or rabbits obtained from a
    24  breeder or broker or provide payment or compensation to such breeder  or
    25  broker.
    26    §  7. This act shall take effect one year after it shall have become a
    27  law.
Go to top