A04517 Summary:

COSPNSRRosenthal L, Jaffee
Add §380, Ag & Mkts L; add §99-ff, St Fin L
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.
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A04517 Actions:

02/04/2019referred to agriculture
01/08/2020referred to agriculture
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A04517 Committee Votes:

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A04517 Floor Votes:

There are no votes for this bill in this legislative session.
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A04517 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
        Introduced by M. of A. GLICK, L. ROSENTHAL, JAFFEE -- Multi-Sponsored by
          --  M.  of A.  GOTTFRIED -- read once and referred to the Committee on
        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 381 to read as follows:
     3    § 381. 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-ff 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. 4517                             2
     1    § 2. The state finance law is amended by adding a new section 99-ff to
     2  read as follows:
     3    §  99-ff. 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-one 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. Effective immediately, the addition, amendment and/or
    32  repeal  of  any  rule  or regulation necessary for the implementation of
    33  this act on its effective date are authorized to be made  and  completed
    34  on or before such date.
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