senate Bill S7611A

Signed By Governor
2011-2012 Legislative Session

Relates to fees collected for animal licenses

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Archive: Last Bill Status - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2012 signed chap.446
Aug 06, 2012 delivered to governor
Jun 21, 2012 returned to senate
passed assembly
ordered to third reading cal.237
substituted for a7140b
referred to agriculture
delivered to assembly
passed senate
ordered to third reading cal.1488
committee discharged and committed to rules
Jun 18, 2012 print number 7611a
amend and recommit to agriculture
Jun 07, 2012 referred to agriculture

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

S7611 - Bill Details

See Assembly Version of this Bill:
A7140B
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§108, 109, 110, 116, 117, 117-a & 122, Ag & Mkts L

S7611 - Bill Texts

view summary

Relates to fees collected for animal licenses; makes technical corrections relating thereto.

view sponsor memo
BILL NUMBER:S7611

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to fees
collected for animal licenses

PURPOSE OR GENERAL IDEA OF BILL:
To make technical changes to Part T
of Chapter 59 of the Laws of 2010, which empowered municipalities to
design and implement dog licensing programs best suited to the needs
of their locality.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Clarifies language in subdivisions 19 of Chapter 220 of the
Laws of 1978 and Chapter 170 of the Laws of 1998.

Section 2: Clarifies that surcharges on optional purebred dog licenses
be submitted to the Commissioner of Agriculture & Markets to
facilitate the operation of the NYS Animal Population Control Program.

Section 3: Clarifies that surcharges for dog licenses, regardless of
duration period, be submitted to the Commissioner of Agriculture &
Markets to facilitate the operation of the NYS Animal Population
Control Program.

Section 4: Makes technical changes to subdivision 4 of §111 of
Agriculture and Markets Law.

Section 5: Makes technical changes to subdivision 4 of §116 of
Agriculture and Markets Law. Section 6: Makes technical changes to
subdivision 10 of §117 of Agriculture and Markets Law.

Section 7: Makes technical changes to subdivision 6 of §117-a of
Agriculture and Markets Law.

Section 8: Makes technical changes to paragraph (c) of subdivision 2
of §122 of Agriculture and Markets Law.

Section 9: Provides the effective date.

JUSTIFICATION:
The SFY 2010-2011 Budget, pursuant to Chapter 59 of the
Laws of 2010, contained an initiative that removed restrictions on
municipalities to allow local governments to design dog licensing
programs to suit community needs and existing services. In addition,
the law
empowered towns and cities to ensure licensing programs accurately
reflect the costs associated with providing such services to
residents, and created new grant opportunities for towns and cities
for animal population control initiatives.

Due to oversights in drafting the 2010 legislation, outstanding
issues, such as references to defunct programs and sections of law
that have been renumbered, remain outstanding today. As a result,
this legislation is necessary to provide clear, concise guidance to
local governments regarding implementation of local dog licensing laws.

PRIOR LEGISLATIVE HISTORY:
This is new legislation.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
60 days after enactment.

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

                                  7611

                            I N  S E N A T E

                              June 7, 2012
                               ___________

Introduced  by  Sen. RITCHIE -- 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  fees
  collected for animal licenses

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

  Section 1. Subdivisions 19 and 25 of section 108  of  the  agriculture
and  markets  law, subdivision 19 as added by chapter 220 of the laws of
1978 and subdivision 25 as added by chapter 170 of the laws of 1998, are
amended to read as follows:
  19. "Recognized registry association" means any  registry  association
that  operates on a nationwide basis[,] AND issues numbered registration
certificates [and keeps such records as may be required by  the  commis-
sioner].
  25.  "Working  search dog" means any dog that is trained to aid in the
search for missing persons[,] AND is actually used for such purpose [and
is registered with the department; provided, however, that such services
provided by said dog shall be performed without charge or fee].
  S 2. Subdivision 3 of section 109 of the agriculture and markets  law,
as  added  by  section 4 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  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.
  S 3. Subdivision 3 of section 110 of the agriculture and markets  law,
as  added  by  section 5 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  3. In addition to the fee charged pursuant to subdivision one of  this
section,  all municipalities issuing dog licenses pursuant to this arti-
cle are  required  to  provide  for  the  assessment  of  an  additional
surcharge  of  at  least  one dollar for altered dogs and at least three
dollars for unaltered dogs for the purposes of carrying out animal popu-
lation control efforts as provided in section one hundred seventeen-a of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10715-07-2

S. 7611                             2

this article.  SUCH SURCHARGES SHALL BE SUBMITTED BY  MUNICIPALITIES  TO
THE COMMISSIONER.
  S  4. Subdivision 4 of section 111 of the agriculture and markets law,
as amended by section 6 of part T of chapter 59 of the laws of 2010,  is
amended to read as follows:
  4.  A  municipality offering a license for any guide dog, service dog,
hearing dog or detection dog may issue a  special  tag  for  identifying
such dog, provided that such tag shall be in addition to the identifica-
tion  tag  required by subdivision one of this section. The municipality
may prescribe the shape, size, color, and form of  imprint  of  the  tag
which shall be a different color and shape than the standard identifica-
tion  tag.  [Upon  application, the commissioner shall furnish such tags
without payment of a fee.]
  S 5. Subdivision 4 of section 116 of the agriculture and markets  law,
as amended by chapter 473 of the laws of 1995 and such section as renum-
bered  by  section  10  of  part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  4. In no event shall any of  the  moneys  or  fees  derived  from,  or
collected pursuant to, the provisions of this article except as provided
in  [paragraph c of] subdivision [four] THREE of section one hundred ten
of this article and section one hundred seventeen-a of this  article  be
used to subsidize the spaying or neutering of cats.
  S 6. Subdivision 10 of section 117 of the agriculture and markets law,
as  added  by chapter 220 of the laws of 1978 and such section as renum-
bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  10.  The  seizure  of  any  dog  shall not relieve any person from any
violation provided for by section one  hundred  [nineteen]  EIGHTEEN  of
this article.
  S  7.  Subdivision  6  of section 117-a of the agriculture and markets
law, as added by section 11 of part T of chapter 59 of the laws of 2010,
is amended to read as follows:
  6. Any county which has  created  its  own  program,  which  has  been
approved  by  the  administrative  entity  pursuant to this section, may
receive the funds collected by  the  municipalities  within  the  county
pursuant  to SUBDIVISION THREE OF SECTION ONE HUNDRED NINE OF THIS ARTI-
CLE AND subdivision three of section one hundred ten of this article for
the  sole  purpose  of  administering  such  ANIMAL  POPULATION  CONTROL
program.  Such  county  program shall be subject to this article and the
terms and conditions of the animal population control program, as may be
amended from time to time.
  S 8. Paragraph (c) of subdivision 2 of section 122 of the  agriculture
and  markets  law,  as separately amended by chapters 714 and 843 of the
laws of 1980 and such section as renumbered by section 21 of part  T  of
chapter 59 of the laws of 2010, is amended to read as follows:
  (c) provide for the issuance pursuant to the criminal procedure law of
an  appearance  ticket, or in lieu thereof, a uniform appearance ticket,
or in lieu thereof, a uniform appearance ticket and simplified  informa-
tion,  as  provided  in  section one hundred [fourteen] THIRTEEN of this
article, by any dog control officer, peace officer, acting  pursuant  to
his  special duties, or police officer, who is authorized by any munici-
pality to assist in  the  enforcement  of  this  article  for  any  such
violation.
  S  9.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

S7611A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A7140B
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd §§108, 109, 110, 116, 117, 117-a & 122, Ag & Mkts L

S7611A (ACTIVE) - Bill Texts

view summary

Relates to fees collected for animal licenses; makes technical corrections relating thereto.

view sponsor memo
BILL NUMBER:S7611A

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to fees
collected for animal licenses

PURPOSE:
To make technical changes to Part T of Chapter 59 of the Laws of 2010,
which empowered municipalities to design and implement dog licensing
programs best suited to the needs of their locality.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1 clarifies language in subdivisions 19 of Chapter 220 of the
Laws of 1978 and Chapter 170 of the Laws of 1998.

Section 2 clarifies that surcharges on optional purebred dog licenses
be submitted to the Commissioner of Agriculture & Markets to
facilitate the operation of the NYS Animal Population Control Program.

Section 3 clarifies that surcharges for dog licenses, regardless of
duration period, be submitted to the Commissioner of Agriculture &
Markets to facilitate the operation of the NYS Animal Population
Control Program.

Section 4 makes technical changes to subdivision 4 of §116 of
Agriculture and Markets Law.

Section 5 makes technical changes to subdivision 10 of §1l7 of
Agriculture and Markets Law.

Section 6 makes technical changes to subdivision 6 of §1l7-a of
Agriculture and Markets Law.

Section 7 makes technical changes to paragraph (c) of subdivision 2
of §122 of Agriculture and Markets Law.

Section 8 provides the effective date.

JUSTIFICATION:
The SFY 2010-2011 Budget, pursuant to Chapter 59 of the Laws of 2010,
contained an initiative that removed restrictions on municipalities
to allow local governments to design dog licensing programs to suit
community needs and existing services. In addition, the law empowered
towns and cities to ensure licensing programs accurately reflect the
costs associated with providing such services to residents, and
created new grant opportunities for towns and cities for animal
population control initiatives.

Due to oversights in drafting the 2010 legislation, outstanding
issues, such as references to defunct programs and sections of law
that have been renumbered, remain outstanding today. As a result,
this legislation is necessary to provide clear, concise guidance to
local governments regarding implementation of local dog licensing laws.

LEGISLATIVE HISTORY:


New bill.

FISCAL IMPACT:
None.

EFFECTIVE DATE:
60 days after enactment.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7611--A

                            I N  S E N A T E

                              June 7, 2012
                               ___________

Introduced  by  Sen. RITCHIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the agriculture and markets law, in relation to fees
  collected for animal licenses

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

  Section  1.  Subdivisions  19 and 25 of section 108 of the agriculture
and markets law, subdivision 19 as added by chapter 220 of the  laws  of
1978 and subdivision 25 as added by chapter 170 of the laws of 1998, are
amended to read as follows:
  19.  "Recognized  registry association" means any registry association
that operates on a nationwide basis[,] AND issues numbered  registration
certificates  [and  keeps such records as may be required by the commis-
sioner].
  25. "Working search dog" means any dog that is trained to aid  in  the
search for missing persons[,] AND is actually used for such purpose [and
is registered with the department; provided, however, that such services
provided by said dog shall be performed without charge or fee].
  S  2. Subdivision 3 of section 109 of the agriculture and markets law,
as added by section 4 of part T of chapter 59 of the laws  of  2010,  is
amended to read as follows:
  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.
  S  3. Subdivision 3 of section 110 of the agriculture and markets law,
as added by section 5 of part T of chapter 59 of the laws  of  2010,  is
amended to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10715-08-2

S. 7611--A                          2

  3.  In addition to the fee charged pursuant to subdivision one of this
section, all municipalities issuing dog licenses pursuant to this  arti-
cle  are  required  to  provide  for  the  assessment  of  an additional
surcharge of at least one dollar for altered dogs  and  at  least  three
dollars for unaltered dogs for the purposes of carrying out animal popu-
lation control efforts as provided in section one hundred seventeen-a of
this  article.   SUCH SURCHARGES SHALL BE SUBMITTED BY MUNICIPALITIES TO
THE COMMISSIONER.
  S 4. Subdivision 4 of section 116 of the agriculture and markets  law,
as amended by chapter 473 of the laws of 1995 and such section as renum-
bered  by  section  10  of  part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  4. In no event shall any of  the  moneys  or  fees  derived  from,  or
collected pursuant to, the provisions of this article except as provided
in  [paragraph c of] subdivision [four] THREE of section one hundred ten
of this article and section one hundred seventeen-a of this  article  be
used to subsidize the spaying or neutering of cats.
  S 5. Subdivision 10 of section 117 of the agriculture and markets law,
as  added  by chapter 220 of the laws of 1978 and such section as renum-
bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  10.  The  seizure  of  any  dog  shall not relieve any person from any
violation provided for by section one  hundred  [nineteen]  EIGHTEEN  of
this article.
  S  6.  Subdivision  6  of section 117-a of the agriculture and markets
law, as added by section 11 of part T of chapter 59 of the laws of 2010,
is amended to read as follows:
  6. Any county which has  created  its  own  program,  which  has  been
approved  by  the  administrative  entity  pursuant to this section, may
receive the funds collected by  the  municipalities  within  the  county
pursuant  to SUBDIVISION THREE OF SECTION ONE HUNDRED NINE OF THIS ARTI-
CLE AND subdivision three of section one hundred ten of this article for
the  sole  purpose  of  administering  such  ANIMAL  POPULATION  CONTROL
program.  Such  county  program shall be subject to this article and the
terms and conditions of the animal population control program, as may be
amended from time to time.
  S 7. Paragraph (c) of subdivision 2 of section 122 of the  agriculture
and  markets  law,  as separately amended by chapters 714 and 843 of the
laws of 1980 and such section as renumbered by section 21 of part  T  of
chapter 59 of the laws of 2010, is amended to read as follows:
  (c) provide for the issuance pursuant to the criminal procedure law of
an  appearance  ticket, or in lieu thereof, a uniform appearance ticket,
or in lieu thereof, a uniform appearance ticket and simplified  informa-
tion,  as  provided  in  section one hundred [fourteen] THIRTEEN of this
article, by any dog control officer, peace officer, acting  pursuant  to
his  special duties, or police officer, who is authorized by any munici-
pality to assist in  the  enforcement  of  this  article  for  any  such
violation.
  S  8.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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