Bill Text: NY A02976 | 2023-2024 | General Assembly | Amended
Bill Title: Relates to voluntary contributions in support of municipal animal pounds or shelters.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-07-15 - enacting clause stricken [A02976 Detail]
Download: New_York-2023-A02976-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2976--A 2023-2024 Regular Sessions IN ASSEMBLY February 1, 2023 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Agriculture -- recommitted to the Committee on Agricul- ture in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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, paragraph (b) 3 of subdivision 1 as amended by chapter 349 of the laws of 2018, subdivi- 4 sion 3 as amended by chapter 446 of the laws of 2012, is amended to read 5 as follows: 6 § 109. Licensing of dogs required; rabies vaccination required. 1. (a) 7 The owner of any dog reaching the age of four months shall immediately 8 make application for a dog license. No license shall be required for any 9 dog which is under the age of four months and which is not at large, or 10 that is residing in a pound or shelter maintained by or under contract 11 or agreement with the state or any county, city, town or village, duly 12 incorporated society for the prevention of cruelty to animals, duly 13 incorporated humane society or duly incorporated dog protective associ- 14 ation. Except as otherwise provided in this subdivision, a license shall 15 be issued or renewed for a period of at least one year, provided, that 16 no license shall be issued for a period expiring after the last day of 17 the eleventh month following the expiration date of the current rabies 18 certificate for the dog being licensed. All licenses shall expire on the 19 last day of the last month of the period for which they are issued. In 20 the event an applicant for a license presents, in lieu of a rabies 21 certificate, a statement certified by a licensed veterinarian, as 22 provided in subdivision two of this section, a license shall be issued EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07227-03-4A. 2976--A 2 1 or renewed for a period of one year from the date of said statement. Any 2 municipality may establish a common renewal date for all such licenses. 3 A license issued by a municipality that has established a common renewal 4 date shall expire no later than the common renewal date prior to the 5 expiration date of the rabies certificate for the dog being licensed. 6 (b) Application for a dog license shall be made to the clerk of the 7 town, city, or county or, in the counties of Nassau and Westchester, 8 incorporated village in which the dog is harbored or to the village 9 clerk of those villages in the county of Rockland with a population of 10 fifteen thousand or more which have elected to accept applications 11 pursuant to the provisions of this paragraph or to the village clerk of 12 the village of Newark in the county of Wayne upon the election of the 13 village of Newark pursuant to the provisions of this paragraph. 14 Provided, however, that in the counties of Nassau and Westchester, the 15 board of trustees of any incorporated village may by resolution provide 16 that applications for licenses shall no longer be made to the village 17 clerk, but to the clerk of the town in which the village is situated. 18 Provided further, however, that in the county of Rockland, the board of 19 trustees of any incorporated village with a population of fifteen thou- 20 sand or more may by resolution provide that application for licenses 21 shall be made to the village clerk. Provided further, however, that in 22 the county of Wayne, the board of trustees of the village of Newark may 23 by resolution provide that application for licenses shall be made to the 24 village clerk. Provided further, however, that in the county of Montgom- 25 ery, the board of trustees of the village of St. Johnsville may by 26 resolution provide that application for licenses shall be made to the 27 village clerk. The governing body of any town or city or, in the coun- 28 ties of Nassau and Westchester, incorporated village or in the county of 29 Rockland, those villages with a population of fifteen thousand or more 30 which have so elected to accept applications, in the county of Wayne, 31 the village of Newark if such village has so elected to accept applica- 32 tions or, in the county of Montgomery, the village of St. Johnsville if 33 such village has so elected to accept applications may, on resolution of 34 such body, authorize that such application be made to one or more named 35 dog control officers of any such town, city or village. The issuance of 36 any license by any such officer shall be under the control and super- 37 vision of the clerk. In the case of a seized dog being redeemed or a dog 38 being otherwise obtained from a county animal shelter or pound, such 39 application may be made to the county dog control officer in charge of 40 such facility. In the case of a dog being redeemed or a dog being 41 adopted from a shelter or pound established, maintained or contracted 42 for, pursuant to section one hundred fourteen of this article, such 43 application may be made to the manager of such facility, provided such 44 manager has been authorized by the municipality in which the prospective 45 owner resides to accept such application. Such authorization shall be 46 requested by the governing body of the pound or shelter and the granting 47 or denial of such authorization shall be in the discretion of the muni- 48 cipality in which the prospective owner resides. 49 (c) The application shall state the sex, actual or approximate age, 50 breed, color, and municipal identification number of the dog, and other 51 identification marks, if any, and the name, address, telephone number, 52 county and town, city or village of residence of the owner. The applica- 53 tion shall include space where an owner may elect to make a contribution 54 in support of the pound or shelter managed by the municipality where the 55 owner resides or any organization which is contracted by such munici- 56 pality to provide animal shelter services. The space for contributionA. 2976--A 3 1 shall be clearly marked and distinct with bold lettering or on a sepa- 2 rate page, to make clear it is a voluntary contribution and not a part 3 of the license fee. The application shall list the organization in which 4 the contribution will be sent and may list suggested reasonable contrib- 5 ution amounts with an option for any amount. Municipalities may also 6 require additional information on such application as deemed appropri- 7 ate. 8 (d) The application shall be accompanied by the license fee prescribed 9 by section one hundred ten of this article, the contribution, if elected 10 by the owner, and a certificate of rabies vaccination or statement in 11 lieu thereof, as required by subdivision two of this section. In the 12 case of a spayed or neutered dog, every application shall also be accom- 13 panied by a certificate signed by a licensed veterinarian or an affida- 14 vit signed by the owner, showing that the dog has been spayed or 15 neutered, provided such certificate or affidavit shall not be required 16 if the same is already on file with the clerk or authorized dog control 17 officer. In lieu of the spay or neuter certificate an owner may present 18 a statement certified by a licensed veterinarian stating that he has 19 examined the dog and found that because of old age or other reason, the 20 life of the dog would be endangered by spaying or neutering. In such 21 case, the license fee for the dog shall be the same as for a spayed or 22 neutered dog as set forth in subdivision one of section one hundred ten 23 of this article. 24 (e) Upon validation by the clerk, authorized dog control officer or 25 authorized pound or shelter manager, the application shall become a 26 license for the dog described therein. 27 (f) The clerk, authorized dog control officer or authorized pound or 28 shelter manager shall: (i) provide a copy of the license to the owner; 29 (ii) retain a record of the license that shall be made available upon 30 request to the commissioner for purposes of rabies and other animal 31 disease control efforts and actions. In addition, the authorized pound 32 or shelter manager shall send, within forty-eight hours of validation, a 33 copy of the license to the licensing municipality within which the dog 34 is to be harbored. 35 (g) No license shall be transferable. Upon the transfer of ownership 36 of any dog, the new owner shall immediately make application for a 37 license for such dog. 38 (h) Notwithstanding the provisions of any general, special or local 39 law, or any rule or regulation to the contrary, the clerk, authorized 40 dog control officer or authorized pound or shelter manager in munici- 41 palities having a population of less than one hundred thousand shall 42 within five business days after the license has been validated, send a 43 copy of the validated license to the licensing municipality in which the 44 dog is to be harbored. 45 2. The clerk, authorized dog control officer or authorized pound or 46 shelter manager, at the time of issuing any license pursuant to this 47 article, shall require the applicant to present a statement certified by 48 a licensed veterinarian showing that the dog or dogs have been vaccinat- 49 ed to prevent rabies or, in lieu thereof, a statement certified by a 50 licensed veterinarian stating that because of old age or another reason, 51 the life of the dog or dogs would be endangered by the administration of 52 vaccine. The clerk, authorized dog control officer or authorized pound 53 or shelter manager shall make or cause to be made from such statement a 54 record of such information and shall file such record with a copy of the 55 license. Such records shall be made available to the commissioner upon 56 request for rabies and other animal disease control efforts.A. 2976--A 4 1 3. Municipalities may provide for the establishment and issuance of 2 purebred licenses and, in the event they do so, shall provide for the 3 assessment of a surcharge of at least three dollars for the purposes of 4 carrying out animal population control efforts as provided in section 5 one hundred seventeen-a of this article. Municipalities which issue 6 purebred licenses shall remit such surcharge collected to the commis- 7 sioner. 8 4. Municipalities shall deposit all monies collected from voluntary 9 contributions pursuant to paragraph (c) of subdivision one of this 10 section into a dedicated fund. The proceeds of such fund shall be prop- 11 erly accounted for and be given to the organization listed on the appli- 12 cation annually. In no event shall the funds derived from voluntary 13 contributions replace any existing funding commitments to such organiza- 14 tions. 15 § 2. This act shall take effect on the thirtieth day after it shall 16 have become a law.
