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.
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
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
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-
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
;,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.
S T A T E O F N E W Y O R K
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.
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
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.