S T A T E O F N E W Y O R K
________________________________________________________________________
8303
2009-2010 Regular Sessions
I N A S S E M B L Y
May 13, 2009
___________
Introduced by M. of A. MAGEE -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to deposits
for the spaying and neutering of dogs and cats
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 4 of section 377-a of the agriculture and
markets law, as added by chapter 387 of the laws of 2001, is amended to
read as follows:
4. Any deposit collected pursuant to paragraph (b) of subdivision two
of this section that is not claimed within ninety days of its
collection, or if the deposit is for an animal under six months of age,
within sixty days after the animal has reached six months of age, SHALL
BE REMITTED TO THE COMMISSIONER WHO shall [be deposited in] PAY THEM
INTO the animal population control fund established pursuant to section
ninety-seven-xx of the state finance law. THE DEPOSITS SHALL BE REMIT-
TED TO THE COMMISSIONER ON A QUARTERLY BASIS ON OR BEFORE THE LAST DAY
OF THE CALENDAR MONTH FOLLOWING EACH OF THE CALENDAR QUARTERS: JANUARY
THROUGH MARCH, APRIL THROUGH JUNE, JULY THROUGH SEPTEMBER AND OCTOBER
THROUGH DECEMBER. EACH REMITTANCE SHALL BE ACCOMPANIED BY A REPORT IN A
FORM PRESCRIBED BY THE DEPARTMENT INDICATING THE NAME OF THE PERSON OR
ENTITY THAT COLLECTED THE DEPOSIT, THE NUMBER AND AMOUNT OF ALL DEPOSITS
COLLECTED FOR THE PRECEDING QUARTER, THE NUMBER AND AMOUNT OF DEPOSITS
THAT WERE UNCLAIMED FOR THE PRECEDING QUARTER, THE TOTAL AMOUNT OF THE
DEPOSITS BEING REMITTED FOR THE PRECEDING QUARTER AND SUCH OTHER INFOR-
MATION AS THE DEPARTMENT REQUIRES.
Deposits collected pursuant to paragraph (b) of subdivision two of
this section shall be refunded to the adopter upon presentation to the
animal shelter, pound, dog control officer, humane society, dog and cat
protective association, or duly incorporated society for the prevention
of cruelty to animals of written documentation from a licensed veterina-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11703-01-9
A. 8303 2
rian that the dog or cat has been spayed or neutered, provided that the
animal has been spayed or neutered within the time specified in the
written agreement, or that because of old age or other health reasons,
as certified by a licensed veterinarian examining the dog or cat, spay-
ing or neutering would endanger the animal's life.
S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the department of agriculture and markets is authorized to promul-
gate, amend or repeal any rule or regulation which it deems necessary or
appropriate to implement this act.