senate Bill S2395A

2011-2012 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - In Senate Committee


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

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Actions

view actions (4)
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

S2395 - 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 - 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.

S2395 - Sponsor Memo

S2395 - Bill Text download pdf

                    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

S2395A (ACTIVE) - 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) - 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.

S2395A (ACTIVE) - Sponsor Memo

S2395A (ACTIVE) - Bill 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

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