S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4517
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced by M. of A. GLICK, L. ROSENTHAL, JAFFEE -- Multi-Sponsored by
   --  M.  of A.  GOTTFRIED -- read once and referred 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 381 to read as follows:
   § 381. 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-FF 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.
                                                            LBD03158-01-9
              

 A. 4517                             2
 
   § 2. The state finance law is amended by adding a new section 99-ff to
 read as follows:
   §  99-FF. 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-ONE 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.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 on or before such date.