NY State Senate Bill 2011-S4836

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 04, 2012	referred to agriculture
Apr 27, 2011	referred to agriculture

2011-S4836 (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §380, Ag & Mkts L; add §99-u, St Fin L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S334
2015-2016: S938
2017-2018: S1557

2011-S4836 (ACTIVE) - Summary

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.

2011-S4836 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S4836

TITLE OF BILL:

An act
to amend the agriculture and markets law, in relation to establishing a
five percent surcharge on the sale of animals by pet dealers; 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 PROVISIONS:

Section 1 amends the agriculture and markets law by adding a new
section 380 which sets forth that whenever a pet dealer sells an
animal there shall be a levy to the amount of five 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 consumer's
less than twenty five animals a year that are born and raised on

their premises shall not be considered pet dealers.

Section 2 amends the state finance law by adding a new section 99-u
that creates an "animal shelter and wildlife rehabilitator account"
to in joint custody between the state comptroller and a
nongovernmental entity to be chosen by the comptroller pursuant to
subdivision four of this section, a special account entitled the New
York animal shelter and wildlife rehabilitator account. Additional
language sets forth the specific manner in which the account is
funded and the manner in which such funds are to be spent as follows:
75% to subsidize animal shelters, 20% to subsidize wildlife
rehabilitators and 5% to the non-governmental organization chosen by
the Comptroller in consultation with the commissioner of agriculture
and markets to be used to administer the "animal shelter and wildlife
rehabilitator account".

Section 3 provides for this act to take effect on the sixtieth day
after it shall become law, provided that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is
authorized to be made and completed on or before such date.

JUSTIFICATION:

Over the past several years the business of selling animals has become
a increasingly popular industry, including those referred to as
"puppy mills", and has resulted in a tremendous increase in animals
being sold to the public who have severe health issues and have been
victims of animal cruelty as a result of the conditions of their
birth and care up to the point of sale.

By imposing a 5% surcharge on the sale of an animal by pet dealers,
such entities will bear an additional financial cost of doing
business and will in turn be encouraged to engage in more responsible
and humane business practices by limiting the number of animals that
are bred for sale.
It will also have the effect of encouraging new pet owners to consider
adoption as opposed to purchasing from pet dealers. In addition, the
funds created from this surcharge will help to alleviate the
financial costs incurred by animal shelters that care for animals
that have been abandoned or neglected due to illness or over
population as a result of being bred and sold by unscrupulous pet
dealers.

PRIOR LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect sixtieth day after it shall become law.
provided that effective immediately, the addition. amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date is authorized to be made and completed
on or before such date.

2011-S4836 (ACTIVE) - Bill Text download pdf

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

                                  4836

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                             April 27, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- 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  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:

  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 FIVE 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.
  S 2. The state finance law is amended by adding a new section 99-u  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11003-01-1

S. 4836                             2

  S  99-U.  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  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.
  S 3. This act shall take effect on the sixtieth  day  after  it  shall
have  become  a  law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
to be made and completed on or before such date.

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Senate Bill S4836

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S4836 (ACTIVE) - Details

2011-S4836 (ACTIVE) - Summary

2011-S4836 (ACTIVE) - Sponsor Memo

2011-S4836 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4836

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Sponsored By

Tony Avella

Archive: Last Bill Status - In Senate Committee Agriculture Committee

2011-S4836 (ACTIVE) - Details

2011-S4836 (ACTIVE) - Summary

2011-S4836 (ACTIVE) - Sponsor Memo

2011-S4836 (ACTIVE) - Bill Text download pdf

Comments