Assembly Bill A9431

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

                                  9431

                          I N  A S S E M B L Y

                              March 3, 2016
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Social Services

AN ACT to amend the social services  law,  in  relation  to  authorizing
  domestic  violence  victims  to bring companion animals to residential
  services or for the provision of off-site facilities where residential
  facilities are not equipped for companion animals; to amend the  state
  finance  law, in relation to establishing the domestic violence animal
  sheltering fund; and to amend the vehicle and traffic law, in relation
  to distinctive "protect animals too" license plates

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

  Section  1.  Section  459-b  of the social services law, as amended by
chapter 584 of the laws of 2015, is amended to read as follows:
  S 459-b. Residential services for victims of domestic violence.  1. In
accordance with section one hundred thirty-one-u of this chapter and the
regulations of the office of children  and  family  services,  a  social
services  district shall offer and provide necessary and available emer-
gency shelter and services for  up  to  ninety  days  at  a  residential
program  for  victims  of  domestic  violence  to  a  victim of domestic
violence who was residing in the social services district at the time of
the alleged domestic violence whether or not such victim is eligible for
public assistance. Two forty-five day extensions of necessary and avail-
able emergency shelter may be granted beyond the maximum length of  stay
at  a residential program for victims of domestic violence for residents
who continue to be in need of emergency services and temporary  shelter.
If  the  victim of domestic violence has a service animal or therapy dog
as such terms are defined in section [123-b] ONE HUNDRED  TWENTY-THREE-B
and  section [108] ONE HUNDRED EIGHT of the agriculture and markets law,
respectively, such service animal or therapy dog  shall  be  allowed  to
accompany  the  victim at the residential program authorized pursuant to
this section.
  2. IF THE VICTIM OF DOMESTIC VIOLENCE HAS A COMPANION ANIMAL  AS  SUCH
TERM  IS  DEFINED  IN SECTION THREE HUNDRED FIFTY OF THE AGRICULTURE AND
MARKETS LAW, SUCH COMPANION ANIMAL SHALL BE  ALLOWED  TO  ACCOMPANY  THE

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

                                                           LBD13420-02-6

A. 9431                             2

VICTIM  AT  THE  RESIDENTIAL PROGRAM AUTHORIZED PURSUANT TO THIS SECTION
FOR SUCH PERIOD OF TIME  AS  THE  VICTIM  RESIDES  AT  SUCH  RESIDENTIAL
PROGRAM  PROVIDED SUCH RESIDENTIAL PROGRAM HAS FACILITIES FOR THE HUMANE
CARE OF COMPANION ANIMALS. IF SUCH ON-SITE FACILITIES ARE NOT AVAILABLE,
SUCH SOCIAL SERVICES DISTRICT SHALL PROVIDE OFF-SITE ANIMAL CARE FACILI-
TIES,  INCLUDING  BOARDING  AT  A  VETERINARY HOSPITAL OR BOARDING AT OR
UNDER THE AUSPICES OF A DULY INCORPORATED SOCIETY FOR THE PREVENTION  OF
CRUELTY  TO  ANIMALS, DULY INCORPORATED HUMANE SOCIETY, OR DULY INCORPO-
RATED ANIMAL PROTECTION ASSOCIATION, APPROVED FOR THIS  PURPOSE  BY  THE
DEPARTMENT  OF  AGRICULTURE  AND MARKETS, FOR SUCH PERIOD OF TIME AS THE
VICTIM RESIDES AT SUCH RESIDENTIAL PROGRAM.
  3. THE OFFICE OF CHILDREN AND FAMILY SERVICES IS AUTHORIZED TO PROMUL-
GATE ANY AND ALL RULES AND  REGULATIONS  AND  TAKE  ANY  OTHER  MEASURES
NECESSARY TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
  S 2. The state finance law is amended by adding a new section 92-gg to
read as follows:
  S  92-GG. DOMESTIC VIOLENCE ANIMAL SHELTERING FUND. 1. THERE IS HEREBY
ESTABLISHED IN THE JOINT  CUSTODY  OF  THE  STATE  COMPTROLLER  AND  THE
COMMISSIONER  OF  TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN AS THE
"DOMESTIC VIOLENCE ANIMAL SHELTERING FUND."
  2. SUCH FUND SHALL CONSIST OF ALL REVENUES  RECEIVED  PURSUANT  TO  AN
APPROPRIATION  BY  THE  LEGISLATURE,  ALL  MONIES  COLLECTED PURSUANT TO
SECTION FOUR HUNDRED FOUR-X OF THE VEHICLE AND TRAFFIC LAW AND ALL OTHER
MONIES APPROPRIATED, CREDITED, OR TRANSFERRED  THERETO  FROM  ANY  OTHER
FUND  OR  SOURCE PURSUANT TO LAW. NOTHING CONTAINED HEREIN SHALL PREVENT
THE STATE FROM RECEIVING GRANTS, GIFTS OR BEQUESTS FOR THE  PURPOSES  OF
THE  FUND  AS  DEFINED IN THIS SECTION AND DEPOSITING THEM INTO THE FUND
ACCORDING TO LAW.
  3. MONIES OF THE FUND, FOLLOWING APPROPRIATION BY THE LEGISLATURE  AND
ALLOCATION  BY  THE  DIRECTOR  OF THE BUDGET, SHALL BE AVAILABLE FOR THE
PURPOSE OF FUNDING EXPENSES OF THE OFFICE FOR THE PREVENTION OF DOMESTIC
VIOLENCE FOR THE SHELTERING OF ANIMALS OF DOMESTIC VIOLENCE VICTIMS  WHO
ARE  RESIDING  AT A RESIDENTIAL PROGRAM FOR VICTIMS OF DOMESTIC VIOLENCE
PURSUANT TO SECTION FOUR HUNDRED FIFTY-NINE-B  OF  THE  SOCIAL  SERVICES
LAW.
  S  3.  The  vehicle and traffic law is amended by adding a new section
404-x to read as follows:
  S 404-X. DISTINCTIVE "PROTECT ANIMALS TOO" LICENSE  PLATES.  1.    ANY
PERSON  RESIDING IN THIS STATE SHALL, UPON REQUEST, BE ISSUED A DISTINC-
TIVE "PROTECT ANIMALS TOO" LICENSE PLATE OF A  DESIGN  APPROVED  BY  THE
COMMISSIONER  IN  SUPPORT  OF  PROGRAMS FOR THE SHELTERING OF ANIMALS OF
DOMESTIC VIOLENCE VICTIMS.  APPLICATION FOR SAID LICENSE PLATE SHALL  BE
FILED  WITH THE COMMISSIONER IN SUCH FORM AND DETAIL AS THE COMMISSIONER
SHALL PRESCRIBE.
  2. (A) A DISTINCTIVE "PROTECT ANIMALS TOO" LICENSE PLATE ISSUED PURSU-
ANT TO THIS SECTION SHALL BE ISSUED IN THE SAME MANNER AS  OTHER  NUMBER
PLATES  UPON  THE  PAYMENT OF THE REGULAR REGISTRATION FEE PRESCRIBED BY
SECTION FOUR HUNDRED ONE OF THIS ARTICLE,  PROVIDED,  HOWEVER,  THAT  AN
ADDITIONAL ANNUAL SERVICE CHARGE OF TWENTY-FIVE DOLLARS SHALL BE CHARGED
FOR  SUCH  PLATE.    EACH TWENTY-FIVE DOLLARS RECEIVED AS ANNUAL SERVICE
CHARGES UNDER THIS SECTION SHALL BE  DEPOSITED  TO  THE  CREDIT  OF  THE
DOMESTIC VIOLENCE ANIMAL SHELTERING FUND ESTABLISHED PURSUANT TO SECTION
NINETY-TWO-GG  OF  THE  STATE  FINANCE  LAW AND SHALL BE USED FOR ANIMAL
SHELTERING  PROGRAMS  UNDERTAKEN  PURSUANT  TO  SECTION   FOUR   HUNDRED
FIFTY-NINE-B OF THE SOCIAL SERVICES LAW.

A. 9431                             3

  (B)  PROVIDED, HOWEVER, THAT ONE YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION FUNDS IN THE AMOUNT OF FIVE THOUSAND DOLLARS, OR SO MUCH THEREOF
AS MAY BE AVAILABLE, SHALL BE ALLOCATED  TO  THE  DEPARTMENT  TO  OFFSET
COSTS ASSOCIATED WITH THE PRODUCTION OF SUCH LICENSE PLATES.
  S  4.  This  act shall take effect on the ninetieth day after it shall
have become a law.