NY State Senate Bill 2009-S7425

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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 08, 2010	referred to agriculture

2009-S7425 (ACTIVE) - Details

See Assembly Version of this Bill:: A10714
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L; add §99-t, St Fin L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2395, A3506
2013-2014: S1028, A3906
2015-2016: S952, A3738
2017-2018: S3089, A4114
2019-2020: S1449, A4517
2021-2022: S1360

2009-S7425 (ACTIVE) - Summary

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.

2009-S7425 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7425

 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 :
New Bill.

 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.

2009-S7425 (ACTIVE) - Bill Text download pdf

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

                                  7425

                            I N  S E N A T E

                              April 8, 2010
                               ___________

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:
  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

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

                                                           LBD16688-01-0

S. 7425                             2

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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Senate Bill S7425

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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2009-S7425 (ACTIVE) - Details

2009-S7425 (ACTIVE) - Summary

2009-S7425 (ACTIVE) - Sponsor Memo

2009-S7425 (ACTIVE) - Bill Text download pdf

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

2009-S7425 (ACTIVE) - Details

2009-S7425 (ACTIVE) - Summary

2009-S7425 (ACTIVE) - Sponsor Memo

2009-S7425 (ACTIVE) - Bill Text download pdf

Comments