Senate Bill S4278

2009-2010 Legislative Session

Creates an animal population control fund and animal population control program

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 08, 2010	reported and committed to codes
Jan 06, 2010	referred to agriculture
Jun 02, 2009	reported and committed to finance
Apr 21, 2009	referred to agriculture

Votes

- Jun 8, 2010 - Agriculture Committee Vote
  S4278
  
  Aye
  
  9
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Agriculture Committee Vote: Jun 8, 2010
      
      aye (9)
      
      Aubertine
      
      Breslin
      
      Montgomery
      
      Ranzenhofer
      
      Seward
      
      Stachowski
      
      Valesky
      
      Winner
      
      Young

co-Sponsors

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2009-S4278 (ACTIVE) - Details

See Assembly Version of this Bill:: A6158
Current Committee:: Senate Codes
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §107, Ag & Mkts L; add §§17-811 & 17-812, NYC Ad Cd; amd §3-a, Chap 115 of 1894

2009-S4278 (ACTIVE) - Summary

Creates an animal population control fund to fund the animal population control program which reduces the population of unwanted stray dogs and cats; encourages neutering of animals.

2009-S4278 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4278

 TITLE OF BILL :
An act to amend the agriculture and markets law and the administrative
code of the city of New York, in relation to establishing a New York
city animal population control program and an animal population
control fund; and to amend chapter 115 of the laws of 1894 relating to
the better protection of lost and strayed animals and for securing the
rights of owners thereof, in relation to licensing fees


 PURPOSE OR GENERAL IDEA OF BILL :
To require the establishment of an animal population control program
that would reduce the significant cost to the city of sheltering and
finding homes for or euthanizing these animals by reducing the
population of unwanted stray dogs and cats, as well as the
establishment of an animal population control fund to pay for such a
program.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends subdivision 1 of section 107 of the agriculture and
markets law, as amended by chapter 473 of the laws of 1995, to apply
to all areas of the state except any city with a population of over
two million.

Section 2 amends the administrative code of the city of New York by

adding a new section 17-811 requiring the Department of Health and
Mental Hygiene to establish and implement an animal population control
program, the purpose of which is to reduce the significant cost to the
city of sheltering and finding homes for or euthanizing these animals
by reducing the population of unwanted stray dogs and cats. The
Department must promulgate rules and regulations related to this
program within 120 days from the effective date of this bill.  The
program will encourage New York City residents who own cats or dogs to
have them spayed or neutered by providing low-cost spaying and
neutering services to such owners. The program will include but not be
limited to the creation of clinics where such services shall be
performed and establishing criteria for pet owner eligibility to use
such services. Indicia of eligibility for pet owners seeking low-cost
spay and neuter services shall include but not be limited to any
criteria, including proof of income, deemed acceptable or necessary by
the agencies performing the services. To carry out the provisions of
this section, the commissioner of the Department of Health and Mental
Hygiene may use funds from the animal population control fund
established by section 17-812 of this chapter, as well as any other
public or private source.

Section 3 amends the administrative code of the city of New York by
adding a new section 17-812 that would establish in the joint custody
of the City comptroller and commissioner of finance an animal
population control fund consisting of all moneys collected from the
animal population control program established pursuant to section
17-811 of this chapter and all other moneys from any fund or source.
Moneys of the fund will be used for the purpose of carrying out animal
population control programs for the general public and shall be paid
out of the fund on the audit and warrant of the city comptroller on
vouchers approved by the commissioner of the Department of Health and
Mental Hygiene. Any interest the city comptroller receives from these
moneys shall go back into the fund.

Section 4 amends section 3-a of chapter 115 of the laws of 1894
relating to the better protection of lost and strayed animals and the
rights of owners thereof to add to the fee charged pursuant to
sections one and two of that chapter a fee of three dollars or any
greater amount as determined by the city council for any person
applying for a dog license who is the owner of a dog four months of
age or older which has not been spayed or neutered, unless the owner
presents with his or her license application a statement certified by
a licensed veterinarian stating that he or she has examined the dog
and found that, due to old age or other reasons, the life of the dog
would be endangered by spaying or neutering. All fees collected
pursuant to the provisions of this section shall be forwarded to the
comptroller for deposit in the animal population control fund
established by this chapter.

Section 5 requires any unspent moneys garnered from dog licensing fees
in cities with populations of two million or more and collected and
deposited in the animal population control fund to be retained in the
fund.  Section 6 sets out the effective date.

 JUSTIFICATION :
New York's huge population of unwanted cats and dogs imposes an undue
financial burden on the city that must shelter and find homes for or
euthanize these animals. It also results in millions of healthy
animals being euthanized every year due to a shortage of shelter for
every unwanted animal. Surgery is the only foolproof and permanent
method of birth control for cats and dogs, and it is the most
effective and humane way to address the problem of animal
overpopulation. This bill, which is supported by the Department of
Health and Mental Hygiene and the Department of Agriculture and
Markets, would create an animal population control fund to fund the
New York City animal population control program.  Such a program would
reduce the population of unwanted stray dogs and cats and encourage
the neutering of animals. By establishing an animal population control
program and an animal population control fund for the purposes of
ensuring that all pets are spayed and neutered, New York State will be
acting justly and responsibly on behalf of the people and animals of
New York.

 FISCAL IMPLICATIONS :
Undetermined.

 EFFECTIVE DATE :
Immediately.

2009-S4278 (ACTIVE) - Bill Text download pdf

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

                                  4278

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 21, 2009
                               ___________

Introduced  by  Sen.  DUANE  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

AN ACT to amend the agriculture and markets law and  the  administrative
  code  of  the city of New York, in relation to establishing a New York
  city animal  population  control  program  and  an  animal  population
  control fund; and to amend chapter 115 of the laws of 1894 relating to
  the better protection of lost and strayed animals and for securing the
  rights of owners thereof, in relation to licensing fees

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

  Section 1. Subdivision 1 of section 107 of the agriculture and markets
law, as amended by chapter 473 of the laws of 1995, is amended  to  read
as follows:
  1.  This article shall apply to all areas of the state except any city
having a population of over two million [except that the  provisions  in
this  article relating to the animal population control program shall be
applicable to the entire state].
  S 2. The administrative code of the city of New  York  is  amended  by
adding a new section 17-811 to read as follows:
  S  17-811  ANIMAL POPULATION CONTROL PROGRAM. THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL PROMULGATE RULES AND REGULATIONS  TO  ESTABLISH
AND  IMPLEMENT  AN  ANIMAL POPULATION CONTROL PROGRAM WITHIN ONE HUNDRED
TWENTY DAYS FROM THE EFFECTIVE DATE OF THIS SECTION. THE PURPOSE OF THIS
PROGRAM SHALL BE TO REDUCE THE POPULATION OF  UNWANTED  STRAY  DOGS  AND
CATS  THEREBY REDUCING POTENTIAL THREATS TO PUBLIC HEALTH AND SAFETY AND
REDUCING THE COSTS OF CARING FOR THESE ANIMALS. THIS PROGRAM SHALL  SEEK
TO  ACCOMPLISH  ITS  PURPOSE BY ENCOURAGING RESIDENTS OF THE CITY OF NEW
YORK WHO ARE THE OWNERS OF DOGS AND CATS TO HAVE THEM SPAYED OR NEUTERED
BY PROVIDING NO OR LOW-COST  SPAYING  AND  NEUTERING  SERVICES  TO  SUCH
OWNERS.  THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS NECESSARY
TO ESTABLISH AN ANIMAL POPULATION CONTROL  PROGRAM  INCLUDING,  BUT  NOT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07076-07-9

S. 4278                             2

LIMITED,  TO  CREATING CLINICS OR MOBILE UNITS WHERE SUCH SERVICES SHALL
BE PERFORMED AND ESTABLISHING CRITERIA FOR PET OWNER ELIGIBILITY TO  USE
SUCH  SERVICES.    INDICIA  OF  ELIGIBILITY FOR PET OWNERS SEEKING NO OR
LOW-COST  SPAY  AND  NEUTER SERVICES SHALL INCLUDE BUT NOT BE LIMITED TO
ANY CRITERIA DEEMED ACCEPTABLE BY THE AGENCIES PERFORMING THE  SERVICES.
THE  COMMISSIONER  OF  THE  DEPARTMENT  OF HEALTH AND MENTAL HYGIENE MAY
SOLICIT AND ACCEPT FUNDS FROM THE ANIMAL POPULATION CONTROL FUND  ESTAB-
LISHED  PURSUANT  TO SECTION 17-812 OF THIS CHAPTER AND ANY OTHER PUBLIC
OR PRIVATE SOURCE TO HELP CARRY OUT THE PROVISIONS OF THIS SECTION.
  S 3. The administrative code of the city of New  York  is  amended  by
adding a new section 17-812 to read as follows:
  S  17-812  ANIMAL  POPULATION  CONTROL FUND. 1. THERE IS HEREBY ESTAB-
LISHED IN THE JOINT CUSTODY OF THE CITY COMPTROLLER AND COMMISSIONER  OF
FINANCE A FUND TO BE KNOWN AS THE "ANIMAL POPULATION CONTROL FUND" WHICH
SHALL  BE  USED  BY  THE DEPARTMENT TO SUBSIDIZE THE CITY'S ANIMAL POPU-
LATION CONTROL PROGRAM AS ESTABLISHED BY SECTION 17-811 OF THIS CHAPTER.
  2. SUCH FUND SHALL CONSIST OF ALL MONEYS  COLLECTED  FROM  THE  ANIMAL
POPULATION  CONTROL  PROGRAM  ESTABLISHED  PURSUANT TO SECTION 17-811 OF
THIS CHAPTER AND SECTION THREE-A OF CHAPTER ONE HUNDRED FIFTEEN  OF  THE
LAWS  OF  EIGHTEEN HUNDRED NINETY-FOUR, AND ALL OTHER MONEYS CREDITED OR
TRANSFERRED THERETO FROM ANY OTHER FUND OR SOURCE PURSUANT TO LAW.
  3. MONEYS OF THE FUND SHALL BE MADE AVAILABLE TO  THE  DEPARTMENT  AND
SHALL  BE  EXPENDED  FOR  THE PURPOSES OF CARRYING OUT ANIMAL POPULATION
CONTROL PROGRAMS PURSUANT TO THE PROVISIONS OF SECTION  17-811  OF  THIS
CHAPTER.  MONEYS  SHALL BE PAID OUT OF THE FUND ON THE AUDIT AND WARRANT
OF THE CITY COMPTROLLER AND APPROVED BY THE COMMISSIONER OF THE  DEPART-
MENT  OF  HEALTH  AND  MENTAL HYGIENE. ANY INTEREST RECEIVED BY THE CITY
COMPTROLLER ON MONEYS ON DEPOSIT IN THE ANIMAL POPULATION  CONTROL  FUND
SHALL BE RETAINED IN AND BECOME PART OF SUCH FUND.
  S  4.  Section  3-a of chapter 115 of the laws of 1894 relating to the
better protection of lost and  strayed  animals  and  for  securing  the
rights of owners thereof, as amended by chapter 180 of the laws of 2002,
is amended to read as follows:
  S 3-a. In addition to the fee charged pursuant to sections one and two
of  this  chapter, any person applying for a dog license shall pay a fee
of three dollars, OR SUCH GREATER AMOUNT AS DETERMINED BY THE CITY COUN-
CIL OR THE BOARD OF HEALTH IN THE CODE OF SUCH CITY, 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 reasons,  the  life  of  the  dog
would be endangered by spaying or neutering. All fees collected pursuant
to the provisions of this section shall be forwarded to the [state] CITY
comptroller  for  deposit  in the animal population control fund created
pursuant to section [97-xx of the state finance law and section 117-a of
the agriculture and markets law] 17-812 OF THE  ADMINISTRATIVE  CODE  OF
THE CITY OF NEW YORK.
  S  5.  Any unspent moneys collected in prior fiscal years attributable
to dog licensing fees in cities having a population of  two  million  or
more and collected and deposited in the New York state animal population
control fund pursuant to section 97-xx of the state finance law shall be
transferred  to  and  retained  in  the  animal  population control fund
created pursuant to section 17-812 of the  administrative  code  of  the
city of New York.
  S 6. This act shall take effect immediately.

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Senate Bill S4278

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Jun 8, 2010 - Agriculture Committee Vote

Agriculture Committee Vote: Jun 8, 2010

co-Sponsors

2009-S4278 (ACTIVE) - Details

2009-S4278 (ACTIVE) - Summary

2009-S4278 (ACTIVE) - Sponsor Memo

2009-S4278 (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Thomas K. Duane

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

co-Sponsors

Liz Krueger

George Onorato

John L. Sampson

Eric T. Schneiderman

2009-S4278 (ACTIVE) - Details

2009-S4278 (ACTIVE) - Summary

2009-S4278 (ACTIVE) - Sponsor Memo

2009-S4278 (ACTIVE) - Bill Text download pdf

Comments