S2395-2011 Actions

• Jan 31, 2012: PRINT NUMBER 2395A
• Jan 31, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 19, 2011: REFERRED TO AGRICULTURE

S2395-2011 Memo

BILL NUMBER:S2395

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to establishing a
twelve percent surcharge on the sale of animals by pet dealers; and to
amend the state finance law, in relation to establishing the "New York
animal shelter and wildlife rehabilitator account"

PURPOSE OR GENERAL IDEA OF BILL:
Establishing a special account
entitled the 'New York animal shelter and wildlife rehabilitator' so
as to ensure humane societies are subsidized for the protection and
care of unwanted animals.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. This agriculture and markets law is amended by adding a new
section 380.

* Establishes that whenever a pet dealer sells an animal there shall
be a levy to the amount of twelve percent of the total price of the
animal. For the purposes of this section, pet dealers shall be
defined as any person who engages in the sale or offering of more
than nine animals a year.
This applies to breeders although breeders who sell or offer for sale
directly to consumer's less than twenty five animals a year that are
born and raised on their premises shall not be considered pet dealers.

Section 2. The state finance law is amended by adding a new section
99-t

* Establishes the creation of an animal and wildlife
rehabilitation account. There shall be joint custody between the
state comptroller and a non-governmental entity to be chosen by the
comptroller pursuant to subdivision four of this section, a special
account entitled the New York animal shelter and wildlife
rehabilitator account. This section strictly outlines the manner in
which money shall be expended and the manner in which money shall be
obtained.

JUSTIFICATION:
Passing this bill will ensure that those who are in the
business of selling animals would incur some financial responsibility
for the animals they breed, thus providing the impetus for
controlling the amount of animals they breed. Puppy mills not only
involve incredible levels of animal cruelty but can ultimately end up
costing the state in regards the need to relocate the surplus animals
that result from this practice. Introducing this bill would provide
the incentive to choose adoption rather than buying directly from pet
stores who in most cases themselves buy from puppy mills. This in
turn would ensure better regulation of the animal population and

would have a positive influence on the issue of stray animals.
Additionally, providing subsidization for animal shelters which help
ensure that unwanted animals are adopted from their homes would
reduce the need for people to buy animals from pet dealers. This
again would provide another disadvantage to the puppy mill industry
and thus reduce unwanted costs. Animal shelters provide a
comprehensive service in regards the adoption of homeless animals and
encouraging buyers to be more diligent and informed before they buy
or adopt animals.

PRIOR LEGISLATIVE HISTORY:
2010: Senate & Assembly Referred to Agriculture

FISCAL IMPLICATIONS:
To be determined.

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

S2395-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2395
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced  by  Sen. SERRANO -- 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 a twelve percent surcharge on the sale of animals by pet deal
 ers;  and  to amend the state finance law, in relation to establishing
 the "New York animal shelter and wildlife rehabilitator account"
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1. The agriculture and markets law is amended by adding a new
 section 380 to read as follows:

 

S 380. ANIMAL SALE SURCHARGE. 1. WHENEVER ANY  PET  DEALER  SELLS  ANY
 ANIMAL, THERE SHALL BE LEVIED UPON SUCH PET DEALER A MANDATORY SURCHARGE
 IN  THE AMOUNT OF TWELVE PERCENT OF THE TOTAL OF THE PRICE OF THE ANIMAL
 AND ANY ANCILLARY PRODUCTS SOLD ON THE DATE SUCH ANIMAL  WAS  PURCHASED.
 SUCH  MANDATORY  SURCHARGE  SHALL  BE  PAID TO THE STATE COMPTROLLER WHO
 SHALL DEPOSIT SUCH MONEY IN THE STATE TREASURY TO THE CREDIT OF THE  NEW
 YORK  ANIMAL  SHELTER  AND  WILDLIFE  REHABILITATOR  ACCOUNT ESTABLISHED
 PURSUANT TO SECTION NINETY-NINE-T OF THE STATE FINANCE LAW.
 2. FOR THE PURPOSES OF THIS SECTION, THE TERM "PET DEALER" SHALL  MEAN
 ANY  PERSON  WHO  ENGAGES  IN THE SALE OR OFFERING FOR SALE OF MORE THAN
 NINE ANIMALS PER YEAR FOR PROFIT TO THE PUBLIC.  SUCH  DEFINITION  SHALL
 INCLUDE  BREEDERS  WHO  SELL  OR  OFFER TO SELL ANIMALS; PROVIDED THAT A
 BREEDER WHO SELLS OR OFFERS TO SELL DIRECTLY TO THE CONSUMER FEWER  THAN
 TWENTY-FIVE  ANIMALS  PER YEAR THAT ARE BORN AND RAISED ON THE BREEDER'S
 RESIDENTIAL PREMISES SHALL NOT BE CONSIDERED A PET DEALER AS A RESULT OF
 SELLING OR OFFERING TO SELL SUCH ANIMALS. SUCH DEFINITION SHALL  FURTHER
 NOT  INCLUDE DULY INCORPORATED HUMANE SOCIETIES DEDICATED TO THE CARE OF
 UNWANTED ANIMALS WHICH MAKE SUCH ANIMALS AVAILABLE FOR ADOPTION  WHETHER
 OR NOT A FEE FOR SUCH ADOPTION IS CHARGED.
 

S  2. The state finance law is amended by adding a new section 99-t to
 read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00313-01-1
 
       S. 2395                             2
 

S 99-T. ANIMAL SHELTER AND WILDLIFE REHABILITATOR ACCOUNT. 1.    THERE
 IS  HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE COMMISSIONER OF TAXA
 TION AND FINANCE, THE COMPTROLLER AND A NON-GOVERNMENTAL  ENTITY  TO  BE
 CHOSEN  BY  THE COMMISSIONER OF TAXATION AND FINANCE AND THE COMPTROLLER
 PURSUANT  TO  SUBDIVISION  FOUR OF THIS SECTION, A SPECIAL ACCOUNT TO BE
 KNOWN AS  THE  "NEW  YORK  ANIMAL  SHELTER  AND  WILDLIFE  REHABILITATOR
 ACCOUNT".
 2. SUCH ACCOUNT SHALL CONSIST OF ALL REVENUES RECEIVED PURSUANT TO THE
 PROVISIONS  OF  SECTION  THREE  HUNDRED  EIGHTY  OF  THE AGRICULTURE AND
 MARKETS LAW AND ALL OTHER MONEYS APPROPRIATED, CREDITED, OR  TRANSFERRED
 THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW. NOTHING CONTAINED
 IN  THIS SECTION SHALL PREVENT THE STATE FROM RECEIVING GRANTS, GIFTS OR
 BEQUESTS FOR THE PURPOSES OF THE ACCOUNT AS DEFINED IN THIS SECTION  AND
 DEPOSITING THEM INTO THE FUND ACCORDING TO LAW.
 3. MONIES OF THE ACCOUNT SHALL BE EXPENDED AS FOLLOWS:

 (A)  SEVENTY-FIVE  PERCENT  OF  SUCH MONIES SHALL BE USED TO SUBSIDIZE
 ANIMAL SHELTERS;
 (B) TWENTY PERCENT OF SUCH MONIES SHALL BE USED TO SUBSIDIZE  WILDLIFE
 REHABILITATORS LICENSED PURSUANT TO SECTION 11-0515 OF THE ENVIRONMENTAL
 CONSERVATION LAW; AND
 (C)  FIVE  PERCENT  OF  SUCH  MONIES SHALL BE USED BY THE ORGANIZATION
 CHOSEN PURSUANT TO SUBDIVISION FOUR OF THIS SECTION  FOR  ADMINISTRATIVE
 COSTS INCURRED DURING THE ADMINISTRATION OF THIS ACCOUNT.
 4.  THE  COMPTROLLER IN CONSULTATION WITH THE COMMISSIONER OF AGRICUL
 TURE  AND  MARKETS  SHALL  DESIGNATE  A  NON-GOVERNMENTAL   ORGANIZATION
 SPECIALIZING  IN ANIMAL PROTECTION TO ADMINISTER THE ACCOUNT ESTABLISHED
 PURSUANT TO THIS SECTION.
 

S 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a  law; provided, however, that effective immediately, the
 addition, amendment and/or repeal of any rule  or  regulation  necessary
 for  the  implementation of this act on its effective date is authorized
 to be made and completed on or before such date.

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