Establishes a five percent surcharge on the sale of animals by pet dealers

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 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. 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

2011-12: S.4836

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.