A03906 Summary:

BILL NO    A03906 

SAME AS    SAME AS S01028

SPONSOR    Glick (MS)

COSPNSR    Rosenthal, Millman, Jaffee

MLTSPNSR   Gottfried, Titone, Weisenberg

Add S380, Ag & Mkts L; add S99-u, St Fin L

Establishes a twelve percent surcharge on the sale of animals by pet dealers
and an account to be administered by an animal protection organization to be
chosen by the comptroller and the commissioner of agriculture and markets.
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A03906 Actions:

BILL NO    A03906 

01/29/2013 referred to agriculture
01/08/2014 referred to agriculture
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A03906 Votes:

There are no votes for this bill in this legislative session.
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A03906 Memo:

BILL NUMBER:A3906

TITLE  OF  BILL:    An  act to amend the agriculture and markets law, in
relation to establishing a twelve  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 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 consumer's less than twenty five animals  a  year  that
are  born and raised on their premises shall not be considered pet deal-
ers.

Section 2. The state finance law is amended by adding a new section 99-t

* 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 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.  This  section
strictly  outlines  the  manner in which money shall be expended and the
manner in which money shall be obtained.

JUSTIFICATION:  Passing this bill will ensure that those who are 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 incredi-
ble levels of animal cruelty but can ultimately end up costing the state
in regards the need to relocate the surplus  animals  that  result  from
this  practice.  Introducing  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 population 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  would  reduce  the need for people to buy animals from pet
dealers. This again would provide another disadvantage to the puppy mill
industry and thus reduce  unwanted  costs.  Animal  shelters  provide  a
comprehensive  service  in  regards the adoption of homeless animals and

encouraging buyers to be more diligent and informed before they  buy  or
adopt animals.

;,us on;PRIOR LEGISLATIVE HISTORY:

2010-11 A10714 referred to Agriculture Committee
2011-12 A3506: referred to Agriculture.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE  DATE: 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 neces-
sary for the implication of this act on its effective date is authorized
to be made and completed on or before such date.
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A03906 Text:

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

                                         3906

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2013
                                      ___________

       Introduced  by M. of A. GLICK, ROSENTHAL, MILLMAN, JAFFEE -- Multi-Spon-
         sored by -- M. of A.  GOTTFRIED, TITONE, WEISENBERG -- 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:

    1    Section 1. The agriculture and markets law is amended by adding a  new
    2  section 380 to read as follows:
    3    S  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-U 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.
                                                                  LBD00556-01-3
       A. 3906                             2

    1    S 2. The state finance law is amended by adding a new section 99-u  to
    2  read as follows:
    3    S  99-U.  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    S 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 is authorized
   34  to be made and completed on or before such date.
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