Bill S2395A-2011

Establishes a twelve percent surcharge on the sale of animals by pet dealers

Establishes a twelve percent surcharge on the sale of animals by pet dealers and an account to be administered by an animal protection organization to be chosen by the comptroller and the commissioner of agriculture and markets.

Details

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

Memo

BILL NUMBER:S2395A

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-u

* 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 2011: 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 2395--A 2011-2012 Regular Sessions IN SENATE January 19, 2011 ___________
Introduced by Sen. SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- recommitted to the Committee on Agriculture in accordance 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 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-U 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-u to read as follows: S 99-U. 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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