A03997 Summary:

MLTSPNSRDiPietro, Kolb, Stec, Tenney
Add S403-a, Ag & Mkts L; add S99-w, St Fin L
Relates to permitting and regulating backyard animal breeding.
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A03997 Actions:

01/28/2015referred to agriculture
01/06/2016referred to agriculture
05/24/2016held for consideration in agriculture
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A03997 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                    January 28, 2015
        Introduced  by M. of A. KATZ -- Multi-Sponsored by -- M. of A. DiPIETRO,
          KOLB, STEC, TENNEY -- read once and referred to the Committee on Agri-
        AN ACT to amend the agriculture and markets law, in relation to  permit-
          ting  and  regulating backyard animal breeding; and to amend the state
          finance law, in relation to the backyard breeder permit fund
          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 403-a to read as follows:
     3    § 403-a. Backyard breeders. 1. Any person, except for someone having a
     4  valid pet dealer license pursuant to section four hundred three of  this
     5  article,  who, for pay or other compensation, breeds a female dog or any
     6  other animal must obtain an animal breeding permit from the  commission-
     7  er.
     8    2. Each application for a permit shall include a non-refundable fee of
     9  one  hundred  fifteen  dollars. Each permit when issued is valid for one
    10  year from the date of issue and authorizes the whelping of no more  than
    11  one  litter per female animal in any twelve month period. Renewal appli-
    12  cations shall be submitted to the  commissioner  at  least  thirty  days
    13  prior to the expiration of a currently held permit.
    14    3. The commissioner may delegate his or her authority pursuant to this
    15  section  to  issue  backyard breeder permits to the county or city where
    16  the pet breeder seeking licensure is located. Such delegation  shall  be
    17  pursuant  to an agreement entered into by the commissioner and such city
    18  of county.
    19    4. Monies received by the commissioner for a permit pursuant  to  this
    20  section  shall  be  deposited in the backyard breeder permit fund estab-
    21  lished pursuant to section ninety-nine-w of the state finance law.   All
    22  funds deposited into such fund shall be transferred on a yearly basis to
    23  the department.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 3997                             2
     1    5. Where the authority to issue a backyard breeder permit is delegated
     2  to  the  county  or  city pursuant to subdivision three of this section,
     3  that county or city may deduct any actual and necessary costs associated
     4  with operation of the program before remitting to  the  comptroller  all
     5  fees  collected during the preceding year. The remittance shall occur on
     6  the fifth day of each year and be accompanied  by  a  report  of  permit
     7  sales  made  during the year and any reductions made for actual costs or
     8  program operation expenses. A copy of such report  shall  simultaneously
     9  be  sent  to  the  commissioner.  All  license fees so remitted shall be
    10  deposited in the backyard breeder permit fund  established  pursuant  to
    11  section ninety-nine-w of the state finance law.
    12    6.  The  commissioner shall provide a copy of the license to the back-
    13  yard breeder. The commissioner shall also retain a copy of the  license.
    14  In  those  counties  where  the commissioner has delegated the licensing
    15  authority to the county or city that county or  city  shall,  provide  a
    16  copy  of  the  license to the pet dealer and a copy to the commissioner.
    17  The county or city shall also retain a copy of the license  in  its  own
    18  records.
    19    7.  No  backyard breeder shall publish or advertise the sale or avail-
    20  ability of any animal unless the publication or advertisement is  accom-
    21  panied  by the backyard breeder permit number. Notwithstanding the fore-
    22  going, a backyard breeder in operation on or before the  effective  date
    23  of  this  section,  who  has filed an application for an initial license
    24  under this article may publish or advertise the sale or availability  of
    25  any animal without the publication or advertisement being accompanied by
    26  the  backyard  breeder  permit  number the commissioner grants or, after
    27  notice and opportunity to be heard, declines to grant such permit.
    28    8. Backyard breeders shall keep a copy of their permit on the premises
    29  where the animals are kept for sale so that they may be readily seen  by
    30  potential consumers.
    31    9.  Backyard breeders shall be required to maintain the minimum stand-
    32  ards of animal care pursuant to section four hundred one of this article
    33  and shall additionally be subject to inspection pursuant to section four
    34  hundred five of this article.
    35    10. The provisions of this section shall not apply to farm,  livestock
    36  or  other  agricultural animals regulated under other provisions of this
    37  chapter. Nor shall they allow backyard breeding where such  activity  is
    38  prohibited by other laws.
    39    §  2. The state finance law is amended by adding a new section 99-w to
    40  read as follows:
    41    § 99-w. Backyard breeder permit fund. There is hereby  established  in
    42  the joint custody of the state comptroller and the commissioner of agri-
    43  culture  and markets a special fund to be known as the "backyard breeder
    44  permit fund".
    45    Such fund shall consist of all moneys collected  for  the  purpose  of
    46  such  fund  and all moneys transferred to such fund pursuant to law. Any
    47  interest earned by the investment of moneys in such fund shall be  added
    48  to such fund, become a part of such fund, and be used for the purpose of
    49  such fund.
    50    § 3. This act shall take effect on the one hundred eightieth day after
    51  it  shall  have become a law; provided that the commissioner of agricul-
    52  ture and markets is authorized to promulgate any rules  and  regulations
    53  necessary to implement this act on or before its effective date.
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