Senate Bill S5842

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

                                  5842

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 22, 2011
                               ___________

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

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 PER YEAR PER DOG for
the  purposes  of  carrying  out  animal  population  control efforts as
provided in section one hundred seventeen-a  of  this  article.  MUNICI-
PALITIES  WHICH  ISSUE  PUREBRED  LICENSES  SHALL  REMIT  SUCH SURCHARGE
COLLECTED TO THE COMMISSIONER ON A MONTHLY BASIS.
  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.
                                                           LBD10715-02-1
              

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  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 PER YEAR for EACH altered [dogs] DOG
and  at  least  three dollars PER YEAR for EACH unaltered [dogs] DOG for
the purposes of  carrying  out  animal  population  control  efforts  as
provided  in  section  one  hundred  seventeen-a of this article.   SUCH
SURCHARGES SHALL BE SUBMITTED BY MUNICIPALITIES TO THE COMMISSIONER ON A
MONTHLY BASIS.
  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

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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.