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.

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S334-2013 Actions

• Jan 9, 2013: REFERRED TO AGRICULTURE

S334-2013 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.

S334-2013 Text

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

                                     334

                         2013-2014 Regular Sessions

                              I N  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.

   EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                        [ ] is old law to be omitted.
                                                             LBD03383-01-3

 S. 334                              2

    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.