senate Bill S2395A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 31, 2012 print number 2395a
amend and recommit to agriculture
Jan 04, 2012 referred to agriculture
Jan 19, 2011 referred to agriculture

Bill Amendments

Original
A (Active)
Original
A (Active)

S2395 - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L; add §99-u, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7425

S2395 - Bill Texts

view 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.

view sponsor 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.

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

                                  2395

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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.

S2395A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L; add §99-u, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S7425

S2395A (ACTIVE) - Bill Texts

view 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.

view sponsor 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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2395--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00313-02-2

S. 2395--A                          2

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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