S T A T E   O F   N E W   Y O R K
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                                  3596

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

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:

  Section 1. Section 109 of the agriculture and markets law, as  amended
by  section 4 of part T of chapter 59 of the laws of 2010, subdivision 3
as amended by chapter 446 of the laws of 2012, is  amended  to  read  as
follows:
  S 109. Licensing of dogs required; rabies vaccination required. 1. (a)
The  owner  of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for any
dog which is under the age of four months and which is not at large,  or
that  is  residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or  village,  duly
incorporated  society  for  the  prevention  of cruelty to animals, duly
incorporated humane society or duly incorporated dog protective  associ-
ation. Except as otherwise provided in this subdivision, a license shall
be  issued  or renewed for a period of at least one year, provided, that
no license shall be issued for a period expiring after the last  day  of
the  eleventh  month following the expiration date of the current rabies
certificate for the dog being licensed. All licenses shall expire on the
last day of the last month of the period for which they are  issued.  In
the  event  an  applicant  for  a  license presents, in lieu of a rabies
certificate, a  statement  certified  by  a  licensed  veterinarian,  as
provided  in  subdivision two of this section, a license shall be issued
or renewed for a period of one year from the date of said statement. Any
municipality may establish a common renewal date for all such  licenses.
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.
                                                           LBD02753-01-5

              

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date  shall  expire  no  later than the common renewal date prior to the
expiration date of the rabies certificate for the dog being licensed.
  (b)  Application  for  a dog license shall be made to the clerk of the
town, city, or county or, in the counties  of  Nassau  and  Westchester,
incorporated  village  in  which  the  dog is harbored or to the village
clerk of those villages in the county of Rockland with a  population  of
fifteen  thousand  or  more  which  have  elected to accept applications
pursuant to the provisions of this paragraph or to the village clerk  of
the  village  of  Newark in the county of Wayne upon the election of the
village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.
Provided,  however,  that in the counties of Nassau and Westchester, the
board of trustees of any incorporated village may by resolution  provide
that  applications  for  licenses shall no longer be made to the village
clerk, but to the clerk of the town in which the  village  is  situated.
Provided  further, however, that in the county of Rockland, the board of
trustees of any incorporated village with a population of fifteen  thou-
sand  or  more  may  by resolution provide that application for licenses
shall be made to the village clerk. Provided further, however,  that  in
the  county of Wayne, the board of trustees of the village of Newark may
by resolution provide that application for licenses shall be made to the
village clerk. The governing body of any town or city or, in  the  coun-
ties of Nassau and Westchester, incorporated village or in the county of
Rockland,  those  villages with a population of fifteen thousand or more
which have so elected to accept applications or in the county of  Wayne,
the  village of Newark if such village has so elected to accept applica-
tions may, on resolution of such body, authorize that  such  application
be made to one or more named dog control officers of any such town, city
or  village.  The  issuance  of any license by any such officer shall be
under the control and supervision of the clerk. In the case of a  seized
dog  being  redeemed  or  a  dog  being otherwise obtained from a county
animal shelter or pound, such application may be made to the county  dog
control  officer  in charge of such facility. In the case of a dog being
redeemed or a dog being adopted from a  shelter  or  pound  established,
maintained  or  contracted for, pursuant to section one hundred fourteen
of this article, such application may be made to  the  manager  of  such
facility,  provided such manager has been authorized by the municipality
in which the prospective owner resides to accept such application.  Such
authorization  shall  be requested by the governing body of the pound or
shelter and the granting or denial of such authorization shall be in the
discretion of the municipality in which the prospective owner resides.
  (c) The application shall state the sex, actual  or  approximate  age,
breed,  color, and municipal identification number of the dog, and other
identification marks, if any, and the name, address,  telephone  number,
county and town, city or village of residence of the owner. THE APPLICA-
TION SHALL INCLUDE SPACE WHERE AN OWNER MAY ELECT TO MAKE A CONTRIBUTION
IN  SUPPORT  OF THE POUND OR SHELTER OF THE MUNICIPALITY WHERE THE OWNER
RESIDES OR ANY ORGANIZATION WHICH IS CONTRACTED BY SUCH MUNICIPALITY  TO
PROVIDE  ANIMAL  SHELTER SERVICES. THE APPLICATION SHALL LIST THE ORGAN-
IZATION IN WHICH THE CONTRIBUTION WILL BE SENT AND  MAY  LIST  SUGGESTED
REASONABLE  CONTRIBUTION  AMOUNTS WITH AN OPTION FOR ANY AMOUNT. Munici-
palities may also require additional information on such application  as
deemed appropriate.
  (d) The application shall be accompanied by the license fee prescribed
by section one hundred ten of this article, THE CONTRIBUTION, IF ELECTED
BY  THE  OWNER,  and a certificate of rabies vaccination or statement in
lieu thereof, as required by subdivision two of  this  section.  In  the

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case of a spayed or neutered dog, every application shall also be accom-
panied  by a certificate signed by a licensed veterinarian or an affida-
vit signed by the owner,  showing  that  the  dog  has  been  spayed  or
neutered,  provided  such certificate or affidavit shall not be required
if the same is already on file with the clerk or authorized dog  control
officer.  In lieu of the spay or neuter certificate an owner may present
a statement certified by a licensed veterinarian  stating  that  he  has
examined  the dog and found that because of old age or other reason, the
life of the dog would be endangered by spaying  or  neutering.  In  such
case,  the  license fee for the dog shall be the same as for a spayed or
neutered dog as set forth in subdivision one of section one hundred  ten
of this article.
  (e)  Upon  validation  by the clerk, authorized dog control officer or
authorized pound or shelter manager,  the  application  shall  become  a
license for the dog described therein.
  (f)  The  clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the license to  the  owner;
(ii)  retain  a  record of the license that shall be made available upon
request to the commissioner for purposes  of  rabies  and  other  animal
disease  control  efforts and actions. In addition, the authorized pound
or shelter manager shall send, within forty-eight hours of validation, a
copy of the license to the licensing municipality within which  the  dog
is to be harbored.
  (g)  No  license shall be transferable. Upon the transfer of ownership
of any dog, the new owner  shall  immediately  make  application  for  a
license for such dog.
  (h)  Notwithstanding  the  provisions of any general, special or local
law, or any rule or regulation to the contrary,  the  clerk,  authorized
dog  control  officer  or authorized pound or shelter manager in munici-
palities having a population of less than  one  hundred  thousand  shall
within  five  business days after the license has been validated, send a
copy of the validated license to the licensing municipality in which the
dog is to be harbored.
  2. The clerk, authorized dog control officer or  authorized  pound  or
shelter  manager,  at  the  time of issuing any license pursuant to this
article, shall require the applicant to present a statement certified by
a licensed veterinarian showing that the dog or dogs have been vaccinat-
ed to prevent rabies or, in lieu thereof, a  statement  certified  by  a
licensed veterinarian stating that because of old age or another reason,
the life of the dog or dogs would be endangered by the administration of
vaccine.  The  clerk, authorized dog control officer or authorized pound
or shelter manager shall make or cause to be made from such statement  a
record of such information and shall file such record with a copy of the
license.  Such  records shall be made available to the commissioner upon
request for rabies and other animal disease control efforts.
  3. Municipalities may provide for the establishment  and  issuance  of
purebred  licenses  and,  in the event they do so, shall provide for the
assessment of a surcharge of at least three dollars for the purposes  of
carrying  out  animal  population control efforts as provided in section
one hundred seventeen-a of  this  article.  Municipalities  which  issue
purebred  licenses  shall  remit such surcharge collected to the commis-
sioner.
  4. MUNICIPALITIES SHALL DEPOSIT ALL MONIES  COLLECTED  FROM  VOLUNTARY
CONTRIBUTIONS  PURSUANT  TO  PARAGRAPH  (C)  OF  SUBDIVISION ONE OF THIS
SECTION INTO A DEDICATED FUND. THE PROCEEDS OF SUCH FUND SHALL BE  PROP-
ERLY ACCOUNTED FOR AND BE GIVEN TO THE ORGANIZATION LISTED ON THE APPLI-

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CATION  ANNUALLY.  IN  NO  EVENT  SHALL THE FUNDS DERIVED FROM VOLUNTARY
CONTRIBUTIONS REPLACE ANY EXISTING FUNDING COMMITMENTS TO SUCH ORGANIZA-
TIONS.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.