NY State Senate Bill 2013-S4204

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2014	referred to agriculture
Mar 14, 2013	referred to agriculture

co-Sponsors

2013-S4204 (ACTIVE) - Details

See Assembly Version of this Bill:: A986
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§402, 403 & 404, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7646, A10887
2011-2012: S3476, A75
2015-2016: A1624

2013-S4204 (ACTIVE) - Summary

Relates to recordkeeping requirements for pet dealers; relates to license for pet dealers.

2013-S4204 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4204

TITLE OF BILL:  An act to amend the agriculture and markets law, in
relation to recordkeeping by pet dealers

PURPOSE OR GENERAL IDEA OF BILL: To ensure proper recordkeeping by pet
dealers with regard to the purchase and care of companion animals, and
to base licensing fees on gross sales receipts

SUMMARY OF SPECIFIC PROVISIONS: Section one amends section 402 of the
agriculture and markets law, as added by chapter 259 of the laws of.
2000, by providing that no animals may be sold unless the pet dealer
is in possession of the records for such animal. Records shall provide
information such as the name and address of the person from whom the
animal was acquired, and other information that is specified in
subdivision one of section 402. Every animal sold shall have undergone
a veterinary examination as mandated by section 755-a of the general
business law. No pet dealer may purchase an animal from an unlicensed
source when the pet dealer knows that such source is required to be
licensed. All licensed pet dealers shall provide a written release to
his or her designated veterinarian to allow such veterinarian to
provide the commissioner, or his or her authorized agents, with access
to all animal health records for each animal that is acquired, held,
sold, or otherwise disposed of. All licensed pet dealers who sell,
offer for sale, or negotiate the sale of animals with a registered dog
or cat breed registry shall provide such registry associations with a

written release to allow such associations to provide the
commissioner, or hi s or her authorized agents, access to all animal
breed registry records for each animal acquired, held, sold, or
otherwise disposed of.

Section two amends subdivision 3 of section 403 of the agriculture and
markets law, as added by chapter 259 of the laws of 2000, by providing
that a nonrefundable fee of one hundred dollars shall accompany each
application for a license. Section two also provides that there shall
no longer be a nonrefundable reduced fee of twenty-five dollars for
those who engage in the sale of less than twenty-five animals in a
year.

Section three amends subdivisions 10 and 11 of section 403 of the
agriculture and markets law, as added by chapter 259 of the laws. of
2000. Subdivision 10 is amended and provides that the yearly fee for
renewing a pet dealer's license shall be based on the gross sales
receipts for the sale of animals for profit to the public in the
previous year; one hundred dollars for sales less than fifty thousand
dollars and three hundred dollars for sales of fifty thousand dollars
or more.  Subdivision 11 is amended and provides that any licensee
that fails to conspicuously post his or her license shall be
considered in violation of the agriculture and markets law and shall
be subject to a penalty as set forth in section 406 of the agriculture
and markets law.

Section four amends subdivision 2 of section 404 of the agriculture
and markets law, as added by chapter 259 of the laws of 2000 by
providing that it shall be a violation of the agriculture and markets
law, subject to a penalty as set forth in section 406 of the


agriculture and markets law, to unreasonably refuse to allow the
commissioner, or his or her authorized agents, to inspect records or
pet dealer facilities.

Section five provides the effective date.

JUSTIFICATION: The overall goal of this legislation is to ensure
proper care and good health of companion animals. For instance, the
provision that requires pet dealers to acquire animals from a licensed
source will help ensure that the original breeder or dealer complies
with the law and, therefore, animals coming from that source are the
product of good breeding practices and humane care. By allowing the
commissioner of agriculture and markets, or his or her authorized
agents, to have increased access to records will ensure that the
source of animals sold to consumers in the state will be known, and
that the animals under the dealers care are receiving proper
veterinary care. Additionally, requiring dealers to conspicuously
display his or her license will also ensure that the dealer is
licensed and, therefore, gets inspected. The increased license fee
affecting those whose gross sales receipts are fifty thousand dollars
or more reflects a long-overdue increase and will provide needed
revenue.

PRIOR LEGISLATIVE HISTORY: A.75A, 2011 and 2012 referred to
Agriculture. Same as S.7646-B (Oppenheimer). A.10887, 2010 referred to
Codes. Same as S.7646 (Oppenheimer).

FISCAL IMPLICATION: None to the state.

EFFECTIVE DATE: This act shall take effect on the one hundred
twentieth day after it shall have become a law; provided, however,
that effectively immediately, the addition, amendment and/or repeal of
any rule or regulation necessary for the implementation of this act
and its effective date are authorized and directed to be made and
completed on or before such effective date.

2013-S4204 (ACTIVE) - Bill Text download pdf

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

                                  4204

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

Introduced  by Sen. GRISANTI -- 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  record-
  keeping by pet dealers

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

  Section 1.  Section 402 of the agriculture and markets law,  as  added
by  chapter 259 of the laws of 2000, subdivision 1 as amended by chapter
110 of the laws of 2012, is amended to read as follows:
  S 402. Records of purchase and sale.  1. Each pet  dealer  shall  keep
and maintain records for each animal purchased, acquired, held, sold, or
otherwise disposed of. The records shall include the following:
  [1.]  (A) The name and address of the person from whom each animal was
acquired. If the person from whom the animal was obtained  is  a  dealer
licensed  by  the  United States department of agriculture, the person's
name, address, and federal dealer identification number. If  the  person
from  whom  the  animal was obtained is a dealer licensed by the depart-
ment, the  person's  name,  address,  and  state  dealer  identification
number.  In  the  case  of  cats,  if  a cat is placed in the custody or
possession of the pet dealer and the source of origin  is  unknown,  the
pet  dealer  shall state the source of origin as unknown, accompanied by
the date, time, and location of receipt. Notwithstanding the  provisions
of  this  subdivision, no pet dealer shall knowingly buy, sell, exhibit,
transport, or offer for sale, exhibition, or transportation  any  stolen
animal.  No  pet dealer shall knowingly sell any cat or dog younger than
eight weeks of age.
  [2.] (B) The original source of each  animal  if  different  than  the
person  recorded  in  [subdivision  one] PARAGRAPH (A) of this [section]
SUBDIVISION.
  [3.] (C) The date each animal was acquired.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05098-01-3

S. 4204                             2

  [4.] (D) A description of each animal showing  age,  color,  markings,
sex,  breed, and any inoculation, worming, or other veterinary treatment
or medication information available.  Records  shall  also  include  any
other  significant  identification, if known, for each animal, including
any official tag number, tattoo, or implant.
  [5.]  (E)  The  name  and  address of the person to whom any animal is
sold, given, or bartered or to  whom  it  is  otherwise  transferred  or
delivered.  The  records  shall indicate the date and method of disposi-
tion.
  [6.] 2. Records for each animal shall be maintained for  a  period  of
two  years  from  the  date of sale or transfer, whichever occurs later.
During normal business hours, the records shall  be  made  available  to
persons authorized by law to enforce the provisions of this article.
  3.    NO  ANIMAL MAY BE SOLD TO THE PUBLIC BY A PET DEALER WITHOUT THE
PET DEALER BEING IN  POSSESSION  OF  THE  RECORDS  FOR  THAT  ANIMAL  AS
PROVIDED  IN  SUBDIVISION  ONE  OF  THIS  SECTION AND THAT ANIMAL HAVING
UNDERGONE THE VETERINARY EXAMINATION MANDATED BY SECTION  SEVEN  HUNDRED
FIFTY-THREE-A OF THE GENERAL BUSINESS LAW.
  4. NO PET DEALER MAY PURCHASE AN ANIMAL FROM A SOURCE THAT IS KNOWN BY
THE  PET  DEALER TO BE REQUIRED TO BE LICENSED UNDER THIS ARTICLE, OR BY
THE UNITED STATES DEPARTMENT OF AGRICULTURE  UNDER  THE  FEDERAL  ANIMAL
WELFARE ACT, AND THAT SOURCE DOES NOT POSSESS SUCH VALID LICENSE.
  5.  ANY  PET  DEALER LICENSED PURSUANT TO THIS ARTICLE SHALL PROVIDE A
WRITTEN RELEASE TO HIS OR HER  DESIGNATED  VETERINARIAN  TO  ALLOW  SUCH
VETERINARIAN  TO  PROVIDE  THE  COMMISSIONER,  OR  HIS OR HER AUTHORIZED
AGENTS, ACCESS TO ALL ANIMAL HEALTH RECORDS FOR  EACH  ANIMAL  ACQUIRED,
HELD, SOLD, OR OTHERWISE DISPOSED OF.
  6.  ANY PET DEALER LICENSED PURSUANT TO THIS ARTICLE WHO SELLS, OFFERS
FOR SALE OR NEGOTIATES THE SALE OF ANIMALS WITH A REGISTERED DOG OR  CAT
BREED  REGISTRY SHALL PROVIDE A WRITTEN RELEASE TO SUCH REGISTRY ASSOCI-
ATIONS TO ALLOW SUCH ASSOCIATIONS TO PROVIDE THE COMMISSIONER, OR HIS OR
HER AUTHORIZED AGENTS, ACCESS TO ALL ANIMAL BREED REGISTRY  RECORDS  FOR
EACH ANIMAL ACQUIRED, HELD, SOLD, OR OTHERWISE DISPOSED OF.
  S  2. Subdivision 3 of section 403 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  3. Each application for a license shall be accompanied by a nonrefund-
able  fee  of  one  hundred  dollars[, except that those pet dealers who
engage in the sale of less than twenty-five animals in a year, shall pay
a nonrefundable fee of twenty-five dollars].
  S 3. Subdivisions 10 and 11 of section  403  of  the  agriculture  and
markets law, as added by chapter 259 of the laws of 2000, are amended to
read as follows:
  10.  Such  license  shall  be  renewable  annually,  together with the
payment of a nonrefundable fee [of one hundred dollars, or upon  payment
of  a nonrefundable fee of twenty-five dollars for those pet dealers who
engage in the sale of less than twenty-five animals in a year] BASED  ON
THE  GROSS  SALES  RECEIPTS  FROM  THE SALE OF ANIMALS FOR PROFIT TO THE
PUBLIC BY THE LICENSEE IN THE PRIOR YEAR. FOR LICENSEES WITH GROSS SALES
RECEIPTS FROM SUCH SALES OF UNDER FIFTY THOUSAND DOLLARS, THAT FEE SHALL
BE ONE HUNDRED DOLLARS; FOR LICENSEES WITH  GROSS  SALES  RECEIPTS  FROM
SUCH  SALES  OF  FIFTY THOUSAND DOLLARS OR MORE, THAT FEE SHALL BE THREE
HUNDRED DOLLARS.
  11. Pet dealers shall conspicuously display their license on the prem-
ises where the animals are kept for sale so that  they  may  be  readily
seen  by  potential consumers.  ANY LICENSEE THAT FAILS TO CONSPICUOUSLY

S. 4204                             3

POST HIS OR HER LICENSE AS REQUIRED BY THIS SUBDIVISION SHALL BE CONSID-
ERED IN VIOLATION OF THIS ARTICLE, AND BE SUBJECT TO A  PENALTY  AS  SET
FORTH IN SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
  S  4. Subdivision 2 of section 404 of the agriculture and markets law,
as added by chapter 259 of the laws of  2000,  is  amended  to  read  as
follows:
  2.    Material misstatement in or falsification of records required to
be kept pursuant to this article, or under  any  regulation  promulgated
thereunder,  or  failure to allow the commissioner or his or her author-
ized agents to inspect records or pet dealer facilities.  ANY  UNREASON-
ABLE REFUSAL TO ALLOW THE COMMISSIONER, OR HIS OR HER AUTHORIZED AGENTS,
TO  INSPECT  RECORDS  OR  PET  DEALER  FACILITIES  SHALL BE CONSIDERED A
VIOLATION OF THIS ARTICLE, AND BE SUBJECT TO A PENALTY AS SET  FORTH  IN
SECTION FOUR HUNDRED SIX OF THIS ARTICLE.
  S 5. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
necessary for the implementation of this act on its effective  date  are
authorized to be made on or before such effective date.

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Senate Bill S4204

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2013-S4204 (ACTIVE) - Details

2013-S4204 (ACTIVE) - Summary

2013-S4204 (ACTIVE) - Sponsor Memo

2013-S4204 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4204

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Sponsored By

Mark Grisanti

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Jack M. Martins

2013-S4204 (ACTIVE) - Details

2013-S4204 (ACTIVE) - Summary

2013-S4204 (ACTIVE) - Sponsor Memo

2013-S4204 (ACTIVE) - Bill Text download pdf

Comments