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

                                  5499

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 12, 2009
                               ___________

Introduced  by  Sen. VALESKY -- 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,  in  relation  to  dog
  license 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 111 of the agriculture and markets
law, as amended by chapter 473 of the laws of 1995, is amended  to  read
as follows:
  1.  (a) On or before the fifth day of each month, the clerk or author-
ized county dog control officer shall remit to the  [appropriate  county
financial officer] COMMISSIONER forty-seven percent of all license fees,
except  those  exempted  by paragraphs 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 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 any facility, as authorized under
section one hundred seventeen of this article, used therefor, and subsi-
dizing public humane education programs in responsible dog ownership.
  (b) On or before the fifth day of each month, the authorized pound  or
shelter  manager  shall  remit  to  the [financial officer of the county
within which the shelter is located] COMMISSIONER,  forty-seven  percent
of  all  license fees, except those exempted by paragraphs 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11702-01-9
              

S. 5499                             2

or shelter manager shall remit the balance of such license fees  to  the
financial officer of the licensing municipality within which the shelter
is  located. The fees remitted to the municipality shall be the property
of  that  municipality  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 any facility,  as  authorized  under  section  one
hundred seventeen of this article, used therefor, and subsidizing public
humane education programs in responsible dog ownership.
  S  2. Subdivision 2 of section 111 of the agriculture and markets law,
as amended by chapter 377 of the laws of 1993, is  amended  to  read  as
follows:
  2.  On the fifteenth day of each month, the [county financial officer]
COMMISSIONER shall remit to the [commissioner thirty-six] COUNTY  FINAN-
CIAL  OFFICER  SIXTY-FOUR  percent  of  all license fees received by the
[county] COMMISSIONER FROM LICENSING AGENTS under this article, ACCOMPA-
NIED BY A REPORT WHICH CONTAINS  SUFFICIENT  INFORMATION  TO  ALLOW  THE
COUNTY  FINANCIAL  OFFICER  TO  COMPLY  WITH  SUBDIVISION  THREE OF THIS
SECTION.  The moneys [retained] RECEIVED by the county shall be used 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 any facility, as authorized under
section one hundred seventeen of this article, used therefor, and subsi-
dizing public humane education programs in  responsible  dog  ownership,
and  may also be used for the prevention and investigation of cruelty to
animals.
  S 3. Subdivision 3 of section 111 of the agriculture and markets  law,
as  amended  by  chapter  645 of the laws of 1988, is amended to read as
follows:
  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] COMMISSIONER by 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 subdivision one of this section.
  S  4. Paragraph (a) of subdivision 4 of section 111 of the agriculture
and markets law, as amended by chapter 269  of  the  laws  of  2005,  is
amended to read as follows:
  (a)  The  moneys  [received]  RETAINED by the commissioner pursuant to
subdivision two of this section shall be paid into the  state  treasury,
and shall, so far as necessary, be appropriated annually by the legisla-
ture to the department to be used by the commissioner in supervising the
enforcement  of  and  in  implementing  this article and rules and regu-
lations promulgated pursuant thereto, including, without limitation, the
issuance of special identification tags for guide  dogs,  service  dogs,
hearing dogs and detection dogs. In addition, from such moneys paid into
the  state  treasury,  the legislature shall appropriate annually to the
New York State Veterinary College at Cornell a  sum  equivalent  to  ten
cents  for  each  dog license issued for a period of up to and including
one year, a sum equivalent to twenty cents for each dog  license  issued
for  a  period  of  more  than  one and no more than two years and a sum
equivalent to thirty cents for each dog license issued for a  period  of
more than two and no more than three years, to be used by the college to

S. 5499                             3

conduct studies into diseases of dogs and to search for and study virus-
es that affect man and animals, or to study and develop a pharmaceutical
contraceptive for dogs.
  S 5. 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.