NY State Senate Bill 2021-S1360

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to agriculture
Jan 11, 2021	referred to agriculture

co-Sponsors

2021-S1360 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §382, Ag & Mkts L; add §99-ii, St Fin L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S7425
2011-2012: S2395
2013-2014: S1028
2015-2016: S952
2017-2018: S3089
2019-2020: S1449

2021-S1360 (ACTIVE) - 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.

2021-S1360 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S1360

SPONSOR: SERRANO
 
TITLE OF BILL:

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"

 
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 consumers 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-Y

* 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 he 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:

This legislation ensures that those 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 to the need to
relocate the surplus animals that result from this practice. 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 popu-
lation 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 will
deduce the need for people to buy animals from pet dealers. Animal shel-
ters provide comprehensive services for the adoption of homeless animals
and provide tremendous community benefits without any State operating
support.

 
PRIOR LEGISLATIVE HISTORY:
2013-2014: S.1028- Referred to Agriculture

2015-2016: S.952A- Amended & Referred to Agriculture

2017-2018: S.3089- Referred to Agriculture

2019-2020: S.1449 - Referred to Agriculture

 
FISCAL IMPLICATIONS:

None to the State or local governments.

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided, however, that effective immediately, the addi-
tion, 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.

2021-S1360 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1360
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2021
                                ___________
 
 Introduced  by Sens. SERRANO, HOYLMAN, KRUEGER, SAVINO -- 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 382 to read as follows:
   §  382.  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-II 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.
                                                            LBD03295-01-1

 S. 1360                             2
 
   § 2. The state finance law is amended by adding a new section 99-ii to
 read as follows:
   §  99-II. 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-TWO 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.

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Senate Bill S1360

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

2021-S1360 (ACTIVE) - Details

2021-S1360 (ACTIVE) - Summary

2021-S1360 (ACTIVE) - Sponsor Memo

2021-S1360 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S1360

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Sponsored By

Jose M. Serrano

Archive: Last Bill Status - In Senate Committee Agriculture Committee

co-Sponsors

Brad Hoylman-Sigal

Liz Krueger

Diane J. Savino

2021-S1360 (ACTIVE) - Details

2021-S1360 (ACTIVE) - Summary

2021-S1360 (ACTIVE) - Sponsor Memo

2021-S1360 (ACTIVE) - Bill Text download pdf

Comments