Bill S334-2013

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

Establishes a five percent surcharge on the sale of animals by pet dealers and the animal shelter and wildlife rehabilitator account to be administered by an animal protection organization to be chosen by the comptroller and the commissioner of taxation and finance.

Details

Actions

  • Jan 8, 2014: REFERRED TO AGRICULTURE
  • Jan 9, 2013: REFERRED TO AGRICULTURE

Memo

BILL NUMBER:S334

TITLE OF BILL: REVISED 12/10/12

An act to amend the agriculture and markets law, in relation to establishing a five 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 PROVISIONS:

Section 1 amends the agriculture and markets law by adding a new section 380 which sets forth that whenever a pet dealer sells an animal there shall be a levy to the amount of five 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 amends the state finance law by adding a new section 99-u that creates an "animal shelter and wildlife rehabilitator account" to in 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. Additional language sets forth the specific manner in which the account is funded and the manner in which such funds are to be spent as follows: 75% to subsidize animal shelters, 20% to subsidize wildlife rehabilitators and 5% to the non-governmental organization chosen by the Comptroller in consultation with the commissioner of agriculture and markets to be used to administer the "animal shelter and wildlife rehabilitator account".

Section 3 provides for this act to take effect on the sixtieth day after it shall become law, provided 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.

JUSTIFICATION:

Over the past several years the business of selling animals has become a increasingly popular industry, including those referred to as "puppy mills", and has resulted in a tremendous increase in animals being sold to the public who have severe health issues and have been victims of animal cruelty as a result of the conditions of their birth and care up to the point of sale.

By imposing a 5% surcharge on the sale of an animal by pet dealers, such entities will bear an additional financial cost of doing business and will in turn be encouraged to engage in more responsible and humane business practices by limiting the number of animals that are bred for sale. It will also have the effect of encouraging new pet owners to consider adoption as opposed to purchasing from pet dealers. In addition, the funds created from this surcharge will help to alleviate the financial costs incurred by animal shelters that care for animals that have been abandoned or neglected due to illness or over population as a result of being bred and sold by unscrupulous pet dealers.

PRIOR LEGISLATIVE HISTORY:

2011-12: S.4836

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect sixtieth day after it shall become law, provided 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.


Text

STATE OF NEW YORK ________________________________________________________________________ 334 2013-2014 Regular Sessions IN SENATE (PREFILED) January 9, 2013 ___________
Introduced by Sen. AVELLA -- 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 five 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 FIVE 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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