senate Bill S1028

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to agriculture
Jan 09, 2013 referred to agriculture

Co-Sponsors

S1028 - Details

See Assembly Version of this Bill:
A3906
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §380, Ag & Mkts L; add §99-u, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2395A, A3506
2009-2010: S7425, A10714

S1028 - Summary

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

S1028 - Sponsor Memo

S1028 - Bill Text download pdf

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

                                  1028

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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-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.
                                                           LBD00556-01-3

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