Bill Text: NY S03089 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S03089 Detail]

Download: New_York-2017-S03089-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3089
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 19, 2017
                                       ___________
        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:
     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 twelve 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-z 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
    20  unwanted  animals which make such animals available for adoption whether
    21  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.
                                                                   LBD01154-01-7
        S. 3089                             2
     1    § 2. The state finance law is amended by adding a new section 99-z  to
     2  read as follows:
     3    §  99-z.  Animal shelter and wildlife rehabilitator account. 1.  There
     4  is hereby established in the joint custody of the commissioner of  taxa-
     5  tion  and  finance,  the comptroller and a non-governmental entity to be
     6  chosen by the commissioner of taxation and finance and  the  comptroller
     7  pursuant  to  subdivision  four of this section, a special account to be
     8  known as  the  "New  York  animal  shelter  and  wildlife  rehabilitator
     9  account".
    10    2. Such account shall consist of all revenues received pursuant to the
    11  provisions  of  section  three  hundred  eighty  of  the agriculture and
    12  markets law and all other moneys appropriated, credited, or  transferred
    13  thereto from any other fund or source pursuant to law. Nothing contained
    14  in  this section shall prevent the state from receiving grants, gifts or
    15  bequests for the purposes of the account as defined in this section  and
    16  depositing them into the fund according to law.
    17    3. Monies of the account shall be expended as follows:
    18    (a)  seventy-five  percent  of  such monies shall be used to subsidize
    19  animal shelters;
    20    (b) twenty percent of such monies shall be used to subsidize  wildlife
    21  rehabilitators licensed pursuant to section 11-0515 of the environmental
    22  conservation law; and
    23    (c)  five  percent  of  such  monies shall be used by the organization
    24  chosen pursuant to subdivision four of this section  for  administrative
    25  costs incurred during the administration of this account.
    26    4.  The  comptroller in consultation with the commissioner of agricul-
    27  ture  and  markets  shall  designate  a  non-governmental   organization
    28  specializing  in animal protection to administer the account established
    29  pursuant to this section.
    30    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    31  have  become  a  law; provided, however, that effective immediately, the
    32  addition, amendment and/or repeal of any rule  or  regulation  necessary
    33  for  the implementation of this act on its effective date are authorized
    34  to be made and completed on or before such date.