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.
