What's happening
This bill imposes a 5% surcharge on pet dealer animal sales to fund animal shelters and wildlife rehabilitators through a new state account.
Why it matters
Targets commercial pet sales. The surcharge specifically applies to “pet dealers” (entities selling more than nine animals per year), excluding small-scale breeders and animal shelters, which means the financial impact is focused on larger, for-profit animal sellers.
Creates a dedicated animal welfare fund. The new state account pools all surcharge revenue and related grants or gifts, ensuring that resources are earmarked directly for animal shelters and wildlife rehabilitation, rather than going into the general state treasury.
Directs support for both domestic and wild animal care. By splitting funds between animal shelters (75%) and licensed wildlife rehabilitators (20%), the bill recognizes the broad scope of animal welfare needs, from pets to injured wildlife.
Involves non-governmental oversight. Administration of the fund is entrusted to a designated animal protection organization, not just state agencies, potentially increasing efficiency and ensuring funds are managed by experts in animal welfare.
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Who cares
Headline styles
Tax Pet Store Animal Sales
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to agriculture
- Referred to agriculture
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1557
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
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 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"
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The agriculture and markets law is amended by adding a new section 380 to read as follows:
§ 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-z 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.
§ 2. The state finance law is amended by adding a new section 99-z to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00703-01-7
S. 1557 2
§ 99-z. Animal shelter and wildlife rehabilitator account. 1. There is hereby established in the joint custody of the commissioner of taxation 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 agriculture and markets shall designate a non-governmental organization specializing in animal protection to administer the account established pursuant to this section.
§ 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 are authorized to be made and completed on or before such date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Read the full memo (643 words)
Section 2 amends the state finance law by adding a new section 99-z 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 :
2015-2016: S.938-A 2013-2014, S.334 2011-2012, S.4836
Fiscal implications for state and local governments
To be determined.
Effective date
This act shall 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.
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