Bill Text: NY A01515 | 2017-2018 | General Assembly | Introduced


Bill Title: Relates to voluntary contributions in support of municipal animal pounds or shelters.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-01-03 - referred to agriculture [A01515 Detail]

Download: New_York-2017-A01515-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1515
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    January 12, 2017
                                       ___________
        Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
          Committee on Agriculture
        AN ACT to amend the agriculture and markets law, in relation  to  volun-
          tary contributions in support of municipal animal pounds or shelters
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 109 of the agriculture and markets law, as  amended
     2  by  section 4 of part T of chapter 59 of the laws of 2010, subdivision 3
     3  as amended by chapter 446 of the laws of 2012, is  amended  to  read  as
     4  follows:
     5    § 109. Licensing of dogs required; rabies vaccination required. 1. (a)
     6  The  owner  of any dog reaching the age of four months shall immediately
     7  make application for a dog license. No license shall be required for any
     8  dog which is under the age of four months and which is not at large,  or
     9  that  is  residing in a pound or shelter maintained by or under contract
    10  or agreement with the state or any county, city, town or  village,  duly
    11  incorporated  society  for  the  prevention  of cruelty to animals, duly
    12  incorporated humane society or duly incorporated dog protective  associ-
    13  ation. Except as otherwise provided in this subdivision, a license shall
    14  be  issued  or renewed for a period of at least one year, provided, that
    15  no license shall be issued for a period expiring after the last  day  of
    16  the  eleventh  month following the expiration date of the current rabies
    17  certificate for the dog being licensed. All licenses shall expire on the
    18  last day of the last month of the period for which they are  issued.  In
    19  the  event  an  applicant  for  a  license presents, in lieu of a rabies
    20  certificate, a  statement  certified  by  a  licensed  veterinarian,  as
    21  provided  in  subdivision two of this section, a license shall be issued
    22  or renewed for a period of one year from the date of said statement. Any
    23  municipality may establish a common renewal date for all such  licenses.
    24  A license issued by a municipality that has established a common renewal
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04105-01-7

        A. 1515                             2
     1  date  shall  expire  no  later than the common renewal date prior to the
     2  expiration date of the rabies certificate for the dog being licensed.
     3    (b)  Application  for  a dog license shall be made to the clerk of the
     4  town, city, or county or, in the counties  of  Nassau  and  Westchester,
     5  incorporated  village  in  which  the  dog is harbored or to the village
     6  clerk of those villages in the county of Rockland with a  population  of
     7  fifteen  thousand  or  more  which  have  elected to accept applications
     8  pursuant to the provisions of this paragraph or to the village clerk  of
     9  the  village  of  Newark in the county of Wayne upon the election of the
    10  village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.
    11  Provided,  however,  that in the counties of Nassau and Westchester, the
    12  board of trustees of any incorporated village may by resolution  provide
    13  that  applications  for  licenses shall no longer be made to the village
    14  clerk, but to the clerk of the town in which the  village  is  situated.
    15  Provided  further, however, that in the county of Rockland, the board of
    16  trustees of any incorporated village with a population of fifteen  thou-
    17  sand  or  more  may  by resolution provide that application for licenses
    18  shall be made to the village clerk. Provided further, however,  that  in
    19  the  county of Wayne, the board of trustees of the village of Newark may
    20  by resolution provide that application for licenses shall be made to the
    21  village clerk. The governing body of any town or city or, in  the  coun-
    22  ties of Nassau and Westchester, incorporated village or in the county of
    23  Rockland,  those  villages with a population of fifteen thousand or more
    24  which have so elected to accept applications or in the county of  Wayne,
    25  the  village of Newark if such village has so elected to accept applica-
    26  tions may, on resolution of such body, authorize that  such  application
    27  be made to one or more named dog control officers of any such town, city
    28  or  village.  The  issuance  of any license by any such officer shall be
    29  under the control and supervision of the clerk. In the case of a  seized
    30  dog  being  redeemed  or  a  dog  being otherwise obtained from a county
    31  animal shelter or pound, such application may be made to the county  dog
    32  control  officer  in charge of such facility. In the case of a dog being
    33  redeemed or a dog being adopted from a  shelter  or  pound  established,
    34  maintained  or  contracted for, pursuant to section one hundred fourteen
    35  of this article, such application may be made to  the  manager  of  such
    36  facility,  provided such manager has been authorized by the municipality
    37  in which the prospective owner resides to accept such application.  Such
    38  authorization  shall  be requested by the governing body of the pound or
    39  shelter and the granting or denial of such authorization shall be in the
    40  discretion of the municipality in which the prospective owner resides.
    41    (c) The application shall state the sex, actual  or  approximate  age,
    42  breed,  color, and municipal identification number of the dog, and other
    43  identification marks, if any, and the name, address,  telephone  number,
    44  county and town, city or village of residence of the owner. The applica-
    45  tion shall include space where an owner may elect to make a contribution
    46  in  support  of the pound or shelter of the municipality where the owner
    47  resides or any organization which is contracted by such municipality  to
    48  provide  animal  shelter services. The application shall list the organ-
    49  ization in which the contribution will be sent and  may  list  suggested
    50  reasonable  contribution  amounts with an option for any amount. Munici-
    51  palities may also require additional information on such application  as
    52  deemed appropriate.
    53    (d) The application shall be accompanied by the license fee prescribed
    54  by section one hundred ten of this article, the contribution, if elected
    55  by  the  owner,  and a certificate of rabies vaccination or statement in
    56  lieu thereof, as required by subdivision two of  this  section.  In  the

        A. 1515                             3
     1  case of a spayed or neutered dog, every application shall also be accom-
     2  panied  by a certificate signed by a licensed veterinarian or an affida-
     3  vit signed by the owner,  showing  that  the  dog  has  been  spayed  or
     4  neutered,  provided  such certificate or affidavit shall not be required
     5  if the same is already on file with the clerk or authorized dog  control
     6  officer.  In lieu of the spay or neuter certificate an owner may present
     7  a statement certified by a licensed veterinarian  stating  that  he  has
     8  examined  the dog and found that because of old age or other reason, the
     9  life of the dog would be endangered by spaying  or  neutering.  In  such
    10  case,  the  license fee for the dog shall be the same as for a spayed or
    11  neutered dog as set forth in subdivision one of section one hundred  ten
    12  of this article.
    13    (e)  Upon  validation  by the clerk, authorized dog control officer or
    14  authorized pound or shelter manager,  the  application  shall  become  a
    15  license for the dog described therein.
    16    (f)  The  clerk, authorized dog control officer or authorized pound or
    17  shelter manager shall: (i) provide a copy of the license to  the  owner;
    18  (ii)  retain  a  record of the license that shall be made available upon
    19  request to the commissioner for purposes  of  rabies  and  other  animal
    20  disease  control  efforts and actions. In addition, the authorized pound
    21  or shelter manager shall send, within forty-eight hours of validation, a
    22  copy of the license to the licensing municipality within which  the  dog
    23  is to be harbored.
    24    (g)  No  license shall be transferable. Upon the transfer of ownership
    25  of any dog, the new owner  shall  immediately  make  application  for  a
    26  license for such dog.
    27    (h)  Notwithstanding  the  provisions of any general, special or local
    28  law, or any rule or regulation to the contrary,  the  clerk,  authorized
    29  dog  control  officer  or authorized pound or shelter manager in munici-
    30  palities having a population of less than  one  hundred  thousand  shall
    31  within  five  business days after the license has been validated, send a
    32  copy of the validated license to the licensing municipality in which the
    33  dog is to be harbored.
    34    2. The clerk, authorized dog control officer or  authorized  pound  or
    35  shelter  manager,  at  the  time of issuing any license pursuant to this
    36  article, shall require the applicant to present a statement certified by
    37  a licensed veterinarian showing that the dog or dogs have been vaccinat-
    38  ed to prevent rabies or, in lieu thereof, a  statement  certified  by  a
    39  licensed veterinarian stating that because of old age or another reason,
    40  the life of the dog or dogs would be endangered by the administration of
    41  vaccine.  The  clerk, authorized dog control officer or authorized pound
    42  or shelter manager shall make or cause to be made from such statement  a
    43  record of such information and shall file such record with a copy of the
    44  license.  Such  records shall be made available to the commissioner upon
    45  request for rabies and other animal disease control efforts.
    46    3. Municipalities may provide for the establishment  and  issuance  of
    47  purebred  licenses  and,  in the event they do so, shall provide for the
    48  assessment of a surcharge of at least three dollars for the purposes  of
    49  carrying  out  animal  population control efforts as provided in section
    50  one hundred seventeen-a of  this  article.  Municipalities  which  issue
    51  purebred  licenses  shall  remit such surcharge collected to the commis-
    52  sioner.
    53    4. Municipalities shall deposit all monies  collected  from  voluntary
    54  contributions  pursuant  to  paragraph  (c)  of  subdivision one of this
    55  section into a dedicated fund. The proceeds of such fund shall be  prop-
    56  erly accounted for and be given to the organization listed on the appli-

        A. 1515                             4
     1  cation  annually.  In  no  event  shall the funds derived from voluntary
     2  contributions replace any existing funding commitments to such organiza-
     3  tions.
     4    §  2.  This  act shall take effect on the thirtieth day after it shall
     5  have become a law.
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