Bill Text: NY S00938 | 2015-2016 | General Assembly | Amended


Bill Title: Establishes a five percent surcharge on the sale of animals by pet dealers and the animal shelter and wildlife rehabilitator account to be administered by an animal protection organization to be chosen by the comptroller and the commissioner of taxation and finance.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-04-13 - PRINT NUMBER 938A [S00938 Detail]

Download: New_York-2015-S00938-Amended.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                         938--A
                               2015-2016 Regular Sessions
                    IN SENATE
                                     January 7, 2015
                                       ___________
        Introduced  by  Sen.  AVELLA -- 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 five 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:
     1    Section  1. The agriculture and markets law is amended by adding a new
     2  section 380 to read as follows:
     3    § 380. Animal sale surcharge. 1. Whenever any  pet  dealer  sells  any
     4  animal, there shall be levied upon such pet dealer a mandatory surcharge
     5  in  the  amount  of five percent of the total of the price of the animal
     6  and any ancillary products sold on the date such animal  was  purchased.
     7  Such  mandatory  surcharge  shall  be  paid to the state comptroller who
     8  shall deposit such money in the state treasury to the credit of the  New
     9  York  animal  shelter  and  wildlife  rehabilitator  account established
    10  pursuant to section ninety-nine-y of the state finance law.
    11    2. For the purposes of this section, the term "pet dealer" shall  mean
    12  any  person  who  engages  in the sale or offering for sale of more than
    13  nine animals per year for profit to the public.  Such  definition  shall
    14  include  breeders  who  sell  or  offer to sell animals; provided that a
    15  breeder who sells or offers to sell directly to the consumer fewer  than
    16  twenty-five  animals  per year that are born and raised on the breeder's
    17  residential premises shall not be considered a pet dealer as a result of
    18  selling or offering to sell such animals. Such definition shall  further
    19  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.
                                                                   LBD00178-02-6
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