Assembly Bill A991

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

                                   991

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  M. of A. KAVANAGH, GLICK, McENENY, ENGLEBRIGHT -- Multi-
  Sponsored by -- M. of A. BING, BRENNAN, COOK, DINOWITZ, GALEF,  MAYER-
  SOHN, MILLMAN, ORTIZ, PHEFFER, WEISENBERG -- read once and referred to
  the Committee on Agriculture

AN  ACT  to  amend  the  agriculture and markets law, in relation to the
  licensing of dogs

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative findings. The legislature finds that the crisis
of  pet  overpopulation  presents a humane and public health dilemma for
New York state residents. Countless homeless dogs and  cats  wander  the
streets  and  countryside  scavenging for food, suffering from exposure,
hunger and attacks by wildlife predators. Public safety is threatened by
dog bites and potential disease transmission from dogs and cats at large
and unsupervised. Dogs and cats that find their way to shelters  do  not
necessarily  fare  better. While no official records are kept, conserva-
tive estimates indicate that more than fifty percent of  cats  and  dogs
received  at shelters and humane societies are euthanized simply because
there are not enough homes for them.
  Widespread availability of low-cost spay and neuter  services  is  the
single  most  effective  method of curtailing unchecked reproduction and
the resulting high rate of euthanasia.  Through  its  animal  population
control  program,  implemented  in  1996 and made permanent in 2000, New
York state has made possible the spay and neuter of  thousands  of  dogs
and  cats  adopted  from  shelters. Still, shelters and humane societies
regularly report the need for more spay/neuter vouchers than are  avail-
able  from  the  fund. The inadequacy of funding is due in large part to
one simple fact - while a three dollar surcharge  on  dog  licenses  for
unaltered  dogs  provides  the  principal  funding  for the program, the
majority of dogs owned by New Yorkers are not licensed  as  required  by

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD01776-01-9

A. 991                              2

law.  Effective dog control is also dependent upon funding to localities
derived from dog license fees.
  Thus,  a step as simple as enforcing New York's existing dog licensing
will infuse much needed funding into local animal control  programs  and
into  the animal population control program.  Enforcement of dog licens-
ing serves another public health function - it helps protect our  commu-
nities  against  the  threat of rabies by requiring immunization against
that disease as a prerequisite for licensing.  Enforcement of New York's
dog licensing law can be accomplished by  requiring  collection  of  dog
license applications and fees upon adoption from shelters, humane socie-
ties,  duly  incorporated  societies  for  the  prevention of cruelty to
animals, dog protection associations, pounds,  and  upon  purchase  from
licensed  pet dealers. Making dog licenses more widely available through
the Internet and through veterinarian offices as well as  through  local
clerks  and other government offices, will also increase compliance with
the law.
  Minimal increases in the  license  fee,  and  the  fines  imposed  for
violations  of  the  licensing  laws,  and  increasing  the three dollar
surcharge for unaltered dogs to five dollars will help ensure the finan-
cial vitality of the Animal Population Control program.
  Ensuring compliance with dog licensing laws will safeguard the  health
and  safety of companion animals and the communities in which they live.
And, by funding more widespread low-cost spay and  neuter  services,  it
will  help  New  York  avert  the  tragic  consequences  of far too many
"surplus" dogs and cats.
  S 2. Subdivision 5 of section 107 of the agriculture and  markets  law
is  renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
   5. (A) THIS ARTICLE SHALL AUTHORIZE THE DEPARTMENT TO  PERMIT  COUNTY
SHELTERS, SHELTERS ESTABLISHED, MAINTAINED OR CONTRACTED FOR PURSUANT TO
SECTION ONE HUNDRED FIFTEEN OF THIS ARTICLE, DULY INCORPORATED SOCIETIES
FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
ETIES,  DULY  INCORPORATED  ANIMAL  PROTECTIVE ASSOCIATIONS, PET DEALERS
REQUIRED TO BE LICENSED PURSUANT TO SECTION FOUR HUNDRED THREE  OF  THIS
CHAPTER,  VETERINARIANS  AND  MUNICIPAL  OFFICES, TO ISSUE AND RENEW DOG
LICENSES.  WHERE THE DEPARTMENT HAS AUTHORIZED ANY OF THESE ENTITIES  TO
ISSUE LICENSES, THE LICENSE FEES SHALL BE DISTRIBUTED IN ACCORDANCE WITH
THE PROVISIONS OF SECTION ONE HUNDRED ELEVEN OF THIS ARTICLE.
  (B)  EXCEPT  AS  PROVIDED  IN  PARAGRAPH (A) OF THIS SUBDIVISION, THIS
ARTICLE SHALL REQUIRE THAT PRIOR TO SELLING ANY DOG OR RELEASING ANY DOG
FOR ADOPTION, A DULY INCORPORATED SOCIETY FOR THE PREVENTION OF  CRUELTY
TO  ANIMALS,  DULY INCORPORATED HUMANE SOCIETY, DULY INCORPORATED ANIMAL
PROTECTIVE ASSOCIATION, OR PET DEALER REQUIRED TO BE  LICENSED  PURSUANT
TO  SECTION  FOUR  HUNDRED  THREE OF THIS CHAPTER, SHALL OBTAIN FROM THE
PURCHASER OR ADOPTER A COMPLETED APPLICATION FOR A DOG LICENSE  AND  THE
REQUIRED  FEES  AND REMIT SUCH APPLICATIONS AND FEES TO THE CLERK OF THE
TOWN, CITY OR VILLAGE IN WHICH THE ENTITY SELLING OR RELEASING  THE  DOG
FOR  ADOPTION PURSUANT TO THIS PARAGRAPH IS LOCATED.  ANY ADOPTING AGENT
OR SELLER PROCESSING AN APPLICATION FOR A DOG LICENSE PURSUANT  TO  THIS
PARAGRAPH, SHALL ON OR BEFORE THE TENTH DAY OF THE MONTH NEXT SUCCEEDING
THE  MONTH  IN WHICH COLLECTED, REMIT TO SUCH CLERK ALL APPLICATIONS AND
LICENSE FEES COLLECTED LESS AN AMOUNT NOT TO EXCEED  THREE  DOLLARS  FOR
EACH  APPLICATION  PROCESSED.    RENEWAL  NOTICES SENT BY THE DEPARTMENT
SHALL INCLUDE THE ADDRESS OF THE CLERK OF THE CITY, TOWN OR  VILLAGE  IN
WHICH THE NEW OWNER RESIDES.

A. 991                              3

  (C)  THIS ARTICLE SHALL AUTHORIZE THE DEPARTMENT TO ISSUE DOG LICENSES
THROUGH THE INTERNET.
  S  3. Paragraphs (b), (c), (e) and (h) of subdivision 1 of section 109
of the agriculture and markets law, paragraph (b) as amended by  chapter
562  of  the  laws of 1995, paragraphs (c) and (e) as amended by chapter
645 of the laws of 1988 and paragraph (h) as amended by  chapter  39  of
the laws of 2002, are amended to read as follows:
  (b)  Application  for  a dog license shall be made to the clerk of the
town or city 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. If such resolution is
approved by the town board of the town in which the village is situated,
such resolution shall become effective not less than six months after  a
certified copy of such resolution of the village board and of the resol-
ution  of  approval  of  the  town  board shall have been filed with the
commissioner. Provided further, however, that in the county of Rockland,
the board of trustees of any incorporated village with a  population  of
fifteen  thousand 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. If such resolution is approved by the town or
towns  in  which  the  village is located, it shall become effective not
less than six months after a certified copy of such approved  resolution
shall  have been filed with the commissioner.  The governing body of any
town or city or, in the counties 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 applications may, on resolution of such body,  author-
ize that such application be made to one or more named dog control offi-
cers  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 other-
wise obtained from a county animal shelter or  pound,  such  application
may be made to the county dog control officer in charge of such facility
provided  such officer has been authorized by the commissioner to accept
such applications. 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  fifteen  of  this  article,  such
application  may  be made to the manager of such facility, provided such
manager has been authorized by the commissioner to accept such  applica-
tion. 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 commissioner.  THE COMMISSIONER  SHALL  MAKE
LICENSE  APPLICATIONS  AVAILABLE FOR DISTRIBUTION AT EVERY RABIES INOCU-
LATION CLINIC HELD PURSUANT TO SUBDIVISION SEVEN OF  SECTION  TWENTY-ONE
HUNDRED FORTY-FIVE OF THE PUBLIC HEALTH LAW. THE COMMISSIONER SHALL ALSO

A. 991                              4

MAKE  AVAILABLE FOR DISTRIBUTION AT SUCH CLINICS PAMPHLETS OR LITERATURE
CONTAINING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
  (I) THAT ALL DOGS AGED FOUR MONTHS OR OLDER MUST BE LICENSED;
  (II) LICENSE FEES FOR ALTERED AND UNALTERED DOGS;
  (III) HOW AND WHERE TO OBTAIN A DOG LICENSE; AND
  (IV) THAT DOG LICENSING FEES HELP TO FUND LOCAL DOG CONTROL AS WELL AS
THE   ANIMAL   POPULATION   CONTROL   PROGRAM  WHICH  PROVIDES  LOW-COST
SPAY/NEUTER SERVICES TO PERSONS WHO ADOPT PETS  FROM  HUMANE  SOCIETIES,
SHELTERS,  POUNDS,  DULY  INCORPORATED  SOCIETIES  FOR THE PREVENTION OF
CRUELTY TO ANIMALS AND DULY INCORPORATED ANIMAL PROTECTIVE  ASSOCIATIONS
AND  ELIGIBLE  LOW  INCOME  NEW YORK STATE RESIDENTS.  EACH COUNTY SHALL
DISTRIBUTE LICENSE  APPLICATIONS  AND  THE  INFORMATIONAL  PAMPHLETS  OR
LITERATURE AT SUCH CLINICS.
  THE  COMMISSIONER MAY MAKE DOG LICENSES AVAILABLE FOR PURCHASE THROUGH
THE INTERNET.  THE COMMISSIONER SHALL EVALUATE THE FEASIBILITY OF INTER-
NET LICENSING AND SHALL REPORT ITS FINDINGS TO THE GOVERNOR AND LEGISLA-
TURE BY SEPTEMBER FIRST, TWO THOUSAND TEN.  THE  COMMISSIONER  MAY  ALSO
MAKE  DOG  LICENSES  AVAILABLE  FOR  PURCHASE  THROUGH MUNICIPAL OFFICES
INCLUDING, BUT NOT LIMITED TO POST OFFICES, TOWN AND CITY HALLS,  COUNTY
CLERKS AND PUBLIC LIBRARIES.  THE COMMISSIONER MAY AUTHORIZE VETERINARI-
ANS TO ISSUE CERTIFICATES OF LICENSE.
  THE  COMMISSIONER,  IN CONSULTATION WITH THE NEW YORK STATE VETERINARY
MEDICAL SOCIETY SHALL MAKE AVAILABLE FOR DISTRIBUTION TO ALL  VETERINARY
OFFICES,  POST OFFICES AND MUNICIPAL OFFICES A PUBLIC INFORMATION POSTER
CONTAINING BUT NOT LIMITED TO THE FOLLOWING INFORMATION:
  (I) THAT ALL DOGS AGED FOUR MONTHS OR OLDER MUST BE LICENSED;
  (II) THE LICENSE FEE FOR ALTERED AND UNALTERED DOGS; AND
  (III) THE PROGRAMS FUNDED BY THE LICENSE FEES.
  (c) The application shall state the sex, actual  or  approximate  age,
breed,  color,  and official 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 APPLI-
CATION SHALL BE ACCOMPANIED BY A STATEMENT, AS PRESCRIBED BY THE COMMIS-
SIONER, NOTIFYING THE APPLICANT THAT HE OR SHE MAY  SUBMIT,  ALONG  WITH
THE  LICENSE FEE REQUIRED BY SECTION ONE HUNDRED TEN OF THIS ARTICLE, AN
ADDITIONAL AMOUNT OF ANY  DENOMINATION  TO  BE  UTILIZED  FOR  THE  SOLE
PURPOSE  OF FUNDING LOW-COST SPAY/NEUTER SERVICES UNDER THE ANIMAL POPU-
LATION CONTROL PROGRAM  ESTABLISHED  PURSUANT  TO  SECTION  ONE  HUNDRED
SEVENTEEN-A  OF  THIS  ARTICLE.  ALL  MONIES  COLLECTED PURSUANT TO THIS
SUBDIVISION, EXCEPT FOR THE LICENSE FEE COLLECTED  PURSUANT  TO  SECTION
ONE  HUNDRED TEN OF THIS ARTICLE, SHALL BE DEPOSITED IN THE ANIMAL POPU-
LATION CONTROL FUND AS ESTABLISHED PURSUANT TO  SECTION  NINETY-SEVEN-XX
OF THE STATE FINANCE LAW.
  (e)  Upon  validation  by the clerk, authorized dog control officer or
[authorized pound or shelter manager] OTHER AGENT  AUTHORIZED  TO  ISSUE
LICENSES,  the  application shall become a license for the dog described
therein. Once an application has  been  validated,  no  refund  therefor
shall be made.
  (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] ANY OTHER
AGENT AUTHORIZED TO ISSUE LICENSES, in  municipalities  having  a  popu-
lation  of less than one hundred thousand shall send to the commissioner
a copy of the validated license, or a report of the information therein,
by the fifth day of the month following the month of  license  issuance.
In  addition, the authorized dog control officer or [authorized pound or

A. 991                              5

shelter manager] OTHER AGENT AUTHORIZED TO  ISSUE  A  LICENSE,  in  such
municipalities  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.
  S  4. Paragraphs (c), (e), (f) and (h) of subdivision 2 of section 109
of the agriculture and markets law, paragraph (c) as amended by  chapter
180  of  the  laws of 2002, paragraph (e) as added by chapter 220 of the
laws of 1978 and paragraphs (f) and (h) as amended by chapter 39 of  the
laws of 2002, are amended to read as follows:
  (c) The application shall state the name, address and telephone number
of  the  owner; the county and city, town or village where such dogs are
harbored; the sex, breed, registry name  and  number  of  each  purebred
registered  dog  over  the  age  of four months which is harbored on the
premises; and the sex and breed of each purebred dog  over  the  age  of
four  months which is harbored on the premises and which is eligible for
registration. The application shall also  include  a  statement  by  the
owner  that  all  purebred  dogs  over  the age of four months which are
harbored on the premises have been listed.   THE  APPLICATION  SHALL  BE
ACCOMPANIED BY A STATEMENT, AS PRESCRIBED BY THE COMMISSIONER, NOTIFYING
THE  APPLICANT  THAT  HE  OR  SHE MAY SUBMIT, ALONG WITH THE LICENSE FEE
REQUIRED BY SECTION ONE HUNDRED  TEN  OF  THIS  ARTICLE,  AN  ADDITIONAL
AMOUNT  OF ANY DENOMINATION TO BE UTILIZED FOR THE SOLE PURPOSE OF FUND-
ING LOW-COST SPAY/NEUTER SERVICES UNDER THE  ANIMAL  POPULATION  CONTROL
PROGRAM  AS  ESTABLISHED  PURSUANT TO SECTION ONE HUNDRED SEVENTEEN-A OF
THIS ARTICLE. ALL MONIES COLLECTED PURSUANT TO THIS SUBDIVISION,  EXCEPT
FOR  THE  LICENSE  FEE  COLLECTED PURSUANT TO SECTION ONE HUNDRED TEN OF
THIS ARTICLE, SHALL BE DEPOSITED IN THE ANIMAL POPULATION  CONTROL  FUND
AS  ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-XX OF THE STATE FINANCE
LAW.
  (e) Upon receipt of the foregoing items, the  clerk  [or],  authorized
dog  control  officer OR OTHER AGENT AUTHORIZED TO ISSUE LICENSES, shall
assign a license number, which shall be reserved for the sole use of the
named owner, and shall issue a purebred license. Once a purebred license
has been issued, no refund therefor shall be made.
  (f) The clerk, authorized dog control officer or [authorized pound  or
shelter  manager]  OTHER  AGENT  AUTHORIZED TO ISSUE LICENSES shall: (i)
provide a copy of the purebred license to the owner; (ii) send,  by  the
fifth  day  of the month following the month of license issuance, a copy
of the purebred license, or a report of the information contained there-
in, to the commissioner; and (iii)  retain  a  record  of  the  purebred
license  in  the manner prescribed by the commissioner. In addition, the
authorized dog control officer or [authorized pound or shelter  manager]
OTHER  AGENT AUTHORIZED TO ISSUE LICENSES 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.
  (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] OTHER AGENT
AUTHORIZED TO ISSUE LICENSES in municipalities having  a  population  of
less  than one hundred thousand shall send to the commissioner a copy of
the validated license, or a report of the information contained therein,
by the fifth day of the month following the month of  license  issuance.
In  addition, the authorized dog control officer or [authorized pound or
shelter manager] OTHER AGENT AUTHORIZED TO ISSUE LICENSES in such  muni-
cipalities  shall,  within five business days after the license has been

A. 991                              6

validated, send a copy of the validated license to the licensing munici-
pality within which the dog is to be harbored.
  S  5. Subdivision 3 of section 109 of the agriculture and markets law,
as amended by chapter 269 of the laws of 2005,  is  amended  and  a  new
subdivision 4 is added to read as follows:
  3.  The  clerk, authorized dog control officer or [authorized pound or
shelter manager] AGENT AUTHORIZED TO ISSUE  LICENSES,  at  the  time  of
issuing  any  license pursuant to this article, shall require the appli-
cant to present a statement certified by a licensed veterinarian showing
that the dog or dogs WHICH ARE FOUR MONTHS OF AGE  OR  OLDER  have  been
vaccinated  to prevent rabies or, in lieu thereof, a statement certified
by a licensed veterinarian stating that because  of  old  age  or  other
reason,  the life of the dog or dogs would be endangered by the adminis-
tration of  vaccine.  The  clerk,  authorized  dog  control  officer  or
[authorized  pound  or  shelter manager] OTHER AGENT AUTHORIZED TO ISSUE
LICENSES shall make or cause to be made from such statement a record  of
such  information  as may be required by the commissioner and shall file
such record with a copy of the license.
  4. THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF  HEALTH,
SHALL  HAVE  THE AUTHORITY TO PROMULGATE RULES AND REGULATIONS TO IMPLE-
MENT THE PROVISIONS OF THIS SECTION.
  S 6. Subdivision 1 of section 110 of the agriculture and markets  law,
as  amended  by  chapter  86  of the laws of 2006, is amended to read as
follows:
  1. The license fee for each dog license issued pursuant to subdivision
one of section one hundred nine of this article shall be:
  (a) [two] FIVE dollars [and fifty cents] for each spayed  or  neutered
dog  and  [seven] FIFTEEN dollars [and fifty cents] for each unspayed or
unneutered dog licensed for one year;
  (b) [five] TEN dollars for each spayed or neutered dog  and  [fifteen]
THIRTY  dollars  for  each  unspayed  or unneutered dog licensed for two
years;
  (c) [seven] FIFTEEN dollars [and  fifty  cents]  for  each  spayed  or
neutered dog and [twenty-two dollars and fifty cents] FORTY-FIVE DOLLARS
for each unspayed or unneutered dog licensed for three years[.];
  (D)  FIVE  DOLLARS FOR EACH UNSPAYED OR UNNEUTERED DOG UPON REDEMPTION
OR ADOPTION FROM A SHELTER, POUND, SOCIETY FOR THE PREVENTION OF CRUELTY
TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DOG PROTECTIVE  ASSOCI-
ATION  AND FIFTEEN DOLLARS FOR EACH SUCH UNSPAYED OR UNNEUTERED DOG UPON
RENEWAL OF SUCH LICENSE AND FOR EVERY YEAR THEREAFTER.
  S 7. Subdivision 2 of section 110 of the agriculture and markets  law,
as  added  by  chapter  220  of  the laws of 1978, is amended to read as
follows:
  2. The annual fee for each purebred license issued pursuant to  subdi-
vision two of section one hundred nine of this article shall be:
  (a)  [twenty-five] FIFTY dollars, if no more than ten registered pure-
bred dogs or purebred dogs eligible for registration over the age of six
months are harbored on the owner's premises at the time of the  applica-
tion;
  (b)  [fifty]  ONE  HUNDRED dollars, if no more than twenty-five regis-
tered purebred dogs or purebred dogs eligible for registration over  the
age  of  six months are harbored on the premises at the time of applica-
tion; or
  (c) [one] TWO hundred dollars, if  more  than  twenty-five  registered
purebred dogs or purebred dogs eligible for registration over the age of
six months are harbored on the premises at the time of application.

A. 991                              7

  S  8.  Paragraphs a and c of subdivision 4 of section 110 of the agri-
culture and markets law, as amended by chapter 269 of the laws of  2005,
are amended to read as follows:
  a.  Any  town  or city or any village issuing licenses pursuant to the
provisions of this article may, by local law or ordinance,  set  license
fees  in  addition  to  those  set  by  subdivisions one and two of this
section, provided that the total fee for an unspayed or  unneutered  dog
shall  be  at least five dollars more than the total fee for a spayed or
neutered dog, and further provided that  such  additional  fees  FOR  AN
UNSPAYED  OR UNNEUTERED DOG shall not exceed, in the case of subdivision
one of this section, ten dollars for each year or  portion  thereof  for
which  a  license  is issued and, in the case of subdivision two of this
section, twenty-five dollars; AND PROVIDED FURTHER THAT SUCH FEES  SHALL
NOT  BE  BASED  IN WHOLE OR IN PART ON THE BREED OF THE DOG OWNED.  Such
additional fees shall be the property of the  municipality  setting  the
same  and  shall  be  used  only for controlling dogs and enforcing this
article and any rule, regulation, or  local  law  or  ordinance  adopted
pursuant thereto, including subsidizing the spaying or neutering of dogs
AND CATS and any facility as authorized under section one hundred seven-
teen of this article used therefor, and subsidizing public humane educa-
tion programs in responsible dog ownership.
  c. In addition to the fee charged pursuant to subdivisions one and two
of  this  section, any person applying for a dog license for a period of
up to and including one year or purebred license  shall  pay  a  fee  of
[three]  FIVE  dollars  ANNUALLY for any dog four months of age or older
which has not been spayed or neutered unless an owner presents with  the
license  application  a  statement  certified by a licensed veterinarian
stating that he or she 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.  Provided, however, that the fee  shall  be  [six]
TEN  dollars in the case of an unspayed or unneutered dog licensed for a
period of more than one and no more than two years  and  [nine]  FIFTEEN
dollars  in  the  case  of  an unspayed or unneutered dog licensed for a
period of more than two and no more than three years, unless  the  owner
presents  with  the  license  application  a  statement  certified  by a
licensed veterinarian stating that because of old age or  other  reason,
the  life  of  the  dog would be endangered by spaying or neutering. All
fees collected pursuant to the provisions of  this  paragraph  shall  be
forwarded  by  the  commissioner to the state comptroller for deposit in
the animal population control fund, created pursuant to section  ninety-
seven-xx of the state finance law and section one hundred seventeen-a of
this article.
  S  9.  Paragraph  (a)  of subdivision 1 and subdivisions 2, 3 and 6 of
section 111 of the agriculture and markets law, paragraph (a) of  subdi-
vision  1  as  amended  and subdivision 6 as added by chapter 473 of the
laws of 1995 and such subdivision 6 as renumbered by chapter 269 of  the
laws  of  2005,  subdivision  2 as amended by chapter 377 of the laws of
1993 and subdivision 3 as amended by chapter 645 of the  laws  of  1988,
are amended to read as follows:
  (a)  On or before the fifth day of each month, the clerk [or], author-
ized county dog control officer  OR  OTHER  AGENT  AUTHORIZED  TO  ISSUE
LICENSES,  shall  remit  to  the  appropriate  county  financial officer
forty-seven percent of all license fees, except those exempted by  para-
graphs a, b and c of subdivision four of section one hundred ten of this
article,  collected  during the preceding month. The remittance shall be
accompanied by a report of license sales made during said month. A  copy

A. 991                              8

of  such  report  shall  simultaneously be sent to the commissioner. The
balance of such license fees shall be  the  property  of  the  reporting
municipality  and  shall be used only for controlling dogs and enforcing
this article and any rule, regulation, or local law or ordinance adopted
pursuant thereto, including subsidizing the spaying or neutering of dogs
AND  CATS  and  any  facility,  as  authorized under section one hundred
seventeen of this article, used therefor, and subsidizing public  humane
education programs in responsible [dog] PET ownership.
  2.  On  the  fifteenth day of each month, the county financial officer
shall remit to the commissioner thirty-six percent of all  license  fees
received  by  the  county under this article. The moneys retained by the
county shall be used for controlling dogs and enforcing this article and
any rule, regulation, or local law or ordinance adopted pursuant  there-
to,  including subsidizing the spaying or neutering of dogs AND CATS and
any facility, as authorized under section one hundred seventeen of  this
article, used therefor, and subsidizing public humane education programs
in  responsible  [dog]  PET  ownership,  and  may  also  be used for the
prevention and investigation of cruelty to animals.
  3. On or before the first day of February in  each  year,  the  county
financial  officer  shall apportion and pay to the appropriate financial
officer of each town, city and village in the  county,  ratably  to  the
annual  remittance  made to the county by such town, city or village AND
BY ANY AGENTS AUTHORIZED TO ISSUE LICENSES WITHIN  SUCH  TOWN,  CITY  OR
VILLAGE,  seventy-five percent of any portion of the moneys not expended
by the county during the preceding calendar year for  the  purposes  set
forth  in  subdivision two of this section. Such moneys shall be used by
the towns, cities and villages only for the purposes set forth in subdi-
vision one of this section.
  6. Notwithstanding any other provision in this article, on  or  before
the  fifth  day  of  each  month,  all  clerks and authorized county dog
control officers and [authorized pound and shelter managers]  ANY  AGENT
AUTHORIZED TO ISSUE LICENSES, shall remit to the commissioner all moneys
they  received  during  the  preceding  month pursuant to paragraph c of
subdivision four of section one hundred ten of this article. The  remit-
tance  shall  be accompanied by a report of license sales to persons who
paid the additional [three dollar] license fee PURSUANT TO  PARAGRAPH  C
OF  SUBDIVISION  FOUR  OF SECTION ONE HUNDRED TEN OF THIS ARTICLE.  Such
report shall also contain such other information as the commissioner may
require by rule or regulation.
  S 10.  Subdivision 5 of section 111 of  the  agriculture  and  markets
law,  as added by chapter 279 of the laws of 1995, is amended to read as
follows:
  5.  (a) On or before the fifteenth day of each month, the clerk of any
city, town or village located in Nassau county where licenses are  vali-
dated  or  issued pursuant to this article OR ANY OTHER AGENT AUTHORIZED
TO ISSUE LICENSES IN SUCH CITY, TOWN OR VILLAGE, shall remit directly to
the commissioner  sixteen  and  ninety-two  hundredths  percent  of  all
license  fees  collected  during  the  preceding  month, except the fees
exempted by subdivision four of section one hundred ten of this article.
The remittance shall be accompanied by a report of  license  sales  made
during such preceding month.
  (b)  The  remaining  eighty-three and eight hundredths percent of such
license fees shall be the property of  the  reporting  municipality  and
shall  be used only for controlling dogs and enforcing the provisions of
this article and any rule or  regulation,  or  local  law  or  ordinance
adopted pursuant thereto, including subsidizing the spaying or neutering

A. 991                              9

of  dogs  AND  CATS  and  any  facility, as authorized under section one
hundred seventeen of this article, used therefor, and subsidizing public
humane education programs in responsible dog ownership.
  (c) On or before the fifth day of each month, [the authorized pound or
shelter  manager of each pound or shelter] ANY AGENT AUTHORIZED TO ISSUE
LICENSES located in Nassau county shall remit directly  to  the  commis-
sioner  sixteen  and  ninety-two  hundredths percent of all license fees
collected during the preceding month, except the fees exempted by subdi-
vision four of section one hundred ten of this article.  The  remittance
shall  be  accompanied  by  a  report  of license sales made during such
preceding month.
  (d) On or before the fifth day of the month, [the authorized pound  or
shelter  manager]  ANY AGENT AUTHORIZED TO ISSUE LICENSES shall remit to
the financial officer of the licensing  municipality  within  which  the
[shelter]  AGENT AUTHORIZED TO ISSUE LICENSES, is located, the remaining
license fees collected  during  the  preceding  month,  including  those
collected  pursuant  to  subdivision  four of section one hundred ten of
this [chapter] ARTICLE.  Such fees shall be the property of the  munici-
pality  and  shall  be used only for controlling dogs and enforcing this
article and any rule, regulation, or  local  law  or  ordinance  adopted
pursuant thereto, including subsidizing the spaying or neutering of dogs
AND  CATS  and  any  facility,  as  authorized under section one hundred
seventeen of this article, used therefor, and subsidizing public  humane
education programs in responsible [dog] PET ownership.
  S 11. Paragraph (b) of subdivision 1 of section 111 of the agriculture
and  markets  law,  as  amended  by  chapter 473 of the laws of 1995, is
amended to read as follows:
  (b) On or before the fifth day of each month, [the authorized pound or
shelter manager] ANY AGENT AUTHORIZED TO ISSUE LICENSES shall  remit  to
the financial officer of the county within which the shelter is located,
forty-seven  percent of all license fees, except those exempted by para-
graphs a, b and c of subdivision four of section one hundred ten of this
article, collected during the preceding month. The remittance  shall  be
accompanied  by a report of license sales made during said month. A copy
of such report shall simultaneously be sent to  the  commissioner.  [The
authorized  pound  or  shelter  manager]  ANY  AGENT AUTHORIZED TO ISSUE
LICENSES shall remit the balance of such license fees to  the  financial
officer  of  the licensing municipality within which the [shelter] AGENT
AUTHORIZED TO ISSUE LICENSES is located.  The fees remitted to the muni-
cipality shall be the property of that municipality and  shall  be  used
only for controlling dogs and enforcing this article and any rule, regu-
lation,  or  local  law or ordinance adopted pursuant thereto, including
subsidizing the spaying or neutering of dogs AND CATS and any  facility,
as  authorized under section one hundred seventeen of this article, used
therefor, and subsidizing public humane education programs in  responsi-
ble [dog] PET ownership.
  S  12. The opening paragraph of subdivision 4 and subdivisions 5 and 6
of section 118 of the agriculture and markets law, as added  by  chapter
220 of the laws of 1978, are amended to read as follows:
  Each  dog  which  is not identified, whether or not licensed, shall be
held for a period of five days from the day seized during  which  period
the  dog may be redeemed by its owner, provided that such owner produces
[proof that the dog has been licensed and has been  identified  pursuant
to  the provisions of this article] SUFFICIENT PROOF OF OWNERSHIP OF THE
DOG AND PRODUCES PROOF THAT THE DOG HAS BEEN LICENSED, OR IN THE  ALTER-
NATIVE,  LICENSES  THE  DOG IN ACCORDANCE WITH THE PROVISIONS OF SECTION

A. 991                             10

ONE HUNDRED NINE OF THIS ARTICLE, and further provided that  [the  owner
pays] SUCH OWNERS PAY the following impoundment fees:
  5.  All  impoundment fees shall be the property of the municipality to
which they are paid and shall be used  only  for  controlling  dogs  and
enforcing  this  article and any rule, regulation, or local law or ordi-
nance adopted pursuant thereto, including  subsidizing  the  spaying  or
neutering  of dogs AND CATS and any facility as authorized under section
one hundred seventeen of this article  used  therefor,  and  subsidizing
public humane education programs in responsible dog ownership.
  6. Promptly upon seizure of any identified dog, the owner of record of
such  dog  shall  be  notified  personally  or by certified mail, return
receipt requested, of the facts of seizure and the procedure for redemp-
tion. If notification is personally given, such dog shall be held for  a
period  of  seven  days after day of notice, during which period the dog
may be redeemed by the owner. If such notification is made by mail, such
dog shall be held for a period of nine days from the  date  of  mailing,
during  which  period  the  dog  may be redeemed by the owner. In either
case, the owner may redeem such dog upon payment of the impoundment fees
prescribed by subdivision four of this section and by [producing]  proof
that  the  dog  has  been licensed OR BY LICENSING THE DOG IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ONE HUNDRED NINE OF THIS ARTICLE.
  S 13.  Subdivision 2 of section 119 of  the  agriculture  and  markets
law,  as  amended by chapter 221 of the laws of 1978, is amended to read
as follows:
  2. It shall be the duty of the dog control officer of any municipality
to bring an action against any person  who  has  committed  within  such
municipality any violation set forth in subdivision one of this section.
Any  municipality  may  elect  either  to  prosecute  such  action  as a
violation under the penal law or to commence  an  action  to  recover  a
civil penalty.
  A  violation  of  this section shall be punishable, subject to such an
election, either:
  (a) where prosecuted pursuant to the penal law, by a fine of NOT  LESS
THAN  TWENTY-FIVE DOLLARS AND not more than [twenty-five] FIFTY dollars,
except that (i) where the person was found to have violated this section
or former article seven of this chapter within the preceding five years,
the fine [may] SHALL be NOT LESS THAN FIFTY DOLLARS AND  not  more  than
[fifty] ONE HUNDRED dollars, and (ii) where the person was found to have
committed  two  or more such violations within the preceding five years,
it shall be punishable by a fine of NOT LESS THAN  ONE  HUNDRED  DOLLARS
AND not more than [one] TWO hundred dollars or imprisonment for not more
than fifteen days, or both; or
  (b)  where  prosecuted  as  an action to recover a civil penalty, by a
civil penalty of NOT LESS THAN TWENTY-FIVE DOLLARS  AND  not  more  than
[twenty-five]  FIFTY  dollars, except that (i) when the person was found
to have violated this section or former article seven  of  this  chapter
within  the  preceding  five years, the civil penalty [may] SHALL be not
LESS THAN FIFTY DOLLARS AND NOT more than [fifty] ONE  HUNDRED  dollars,
and  (ii)  where the person was found to have committed two or more such
violations within the preceding five  years,  the  civil  penalty  [may]
SHALL  be  not LESS THAN ONE HUNDRED DOLLARS AND NOT more than [one] TWO
hundred dollars[.]; OR
  (C) A MUNICIPALITY MAY WAIVE THE APPLICABLE FINES  PURSUANT  TO  PARA-
GRAPHS  (A)  AND (B) OF THIS SUBDIVISION FOR FAILURE TO LICENSE A DOG OR
DOGS, FOR OWNERS WHO LICENSE THEIR DOG OR  DOGS  DURING  THE  SIX  MONTH
PERIOD  PRECEDING AN ENUMERATION CONDUCTED PURSUANT TO SUBDIVISION SEVEN

A. 991                             11

OF SECTION ONE HUNDRED FOURTEEN OF THIS ARTICLE. ANY SUCH  WAIVER  SHALL
BE PRECEDED BY A PUBLIC EDUCATION ANNOUNCEMENT, ADVERTISEMENT OR PROGRAM
TO  INFORM THE PUBLIC OF THE AMNESTY PERIOD AND TO PROVIDE THE REQUISITE
INFORMATION FOR COMPLYING WITH STATE AND LOCAL LICENSING LAWS AS WELL AS
INFORMATION  CONCERNING  APPLICABLE PENALTIES FOR FAILURE TO COMPLY WITH
THESE LAWS.
  S 14. Section 120 of the agriculture and  markets  law,  as  added  by
chapter 220 of the laws of 1978, is amended to read as follows:
  S 120. Disposition  of  fines.  Notwithstanding any other provision of
law, all moneys collected as fines or penalties by any municipality as a
result of any prosecution for violations of the provisions of this arti-
cle or any local law or ordinance and all bail  forfeitures  by  persons
charged  with  such violations shall be the property of the municipality
and shall be paid to the financial officer of  such  municipality.  Such
moneys  shall be used only for controlling dogs and enforcing this arti-
cle and any rule, regulation, or local law or ordinance adopted pursuant
thereto, including subsidizing the spaying or neutering of dogs AND CATS
and any facility as authorized under section one  hundred  seventeen  of
this  article  used  therefor,  and  subsidizing public humane education
programs in responsible [dog] PET ownership.
  S 15. This act shall take effect on the ninetieth day after  it  shall
have become a law.