S T A T E O F N E W Y O R K
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2976--A
2023-2024 Regular Sessions
I N A S S E M B L Y
February 1, 2023
___________
Introduced by M. of A. ZEBROWSKI -- read once and referred to the
Committee on Agriculture -- recommitted to the Committee on Agricul-
ture in accordance with Assembly Rule 3, sec. 2 -- 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 volun-
tary contributions in support of municipal animal pounds or shelters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 109 of the agriculture and markets law, as amended
by section 4 of part T of chapter 59 of the laws of 2010, paragraph (b)
of subdivision 1 as amended by chapter 349 of the laws of 2018, subdivi-
sion 3 as amended by chapter 446 of the laws of 2012, is amended to read
as follows:
§ 109. Licensing of dogs required; rabies vaccination required. 1. (a)
The owner of any dog reaching the age of four months shall immediately
make application for a dog license. No license shall be required for any
dog which is under the age of four months and which is not at large, or
that is residing in a pound or shelter maintained by or under contract
or agreement with the state or any county, city, town or village, duly
incorporated society for the prevention of cruelty to animals, duly
incorporated humane society or duly incorporated dog protective associ-
ation. Except as otherwise provided in this subdivision, a license shall
be issued or renewed for a period of at least one year, provided, that
no license shall be issued for a period expiring after the last day of
the eleventh month following the expiration date of the current rabies
certificate for the dog being licensed. All licenses shall expire on the
last day of the last month of the period for which they are issued. In
the event an applicant for a license presents, in lieu of a rabies
certificate, a statement certified by a licensed veterinarian, as
provided in subdivision two of this section, a license shall be issued
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07227-03-4
A. 2976--A 2
or renewed for a period of one year from the date of said statement. Any
municipality may establish a common renewal date for all such licenses.
A license issued by a municipality that has established a common renewal
date shall expire no later than the common renewal date prior to the
expiration date of the rabies certificate for the dog being licensed.
(b) Application for a dog license shall be made to the clerk of the
town, city, or county or, in the counties of Nassau and Westchester,
incorporated village in which the dog is harbored or to the village
clerk of those villages in the county of Rockland with a population of
fifteen thousand or more which have elected to accept applications
pursuant to the provisions of this paragraph or to the village clerk of
the village of Newark in the county of Wayne upon the election of the
village of Newark pursuant to the provisions of this paragraph.
Provided, however, that in the counties of Nassau and Westchester, the
board of trustees of any incorporated village may by resolution provide
that applications for licenses shall no longer be made to the village
clerk, but to the clerk of the town in which the village is situated.
Provided further, however, that in the county of Rockland, the board of
trustees of any incorporated village with a population of fifteen thou-
sand or more may by resolution provide that application for licenses
shall be made to the village clerk. Provided further, however, that in
the county of Wayne, the board of trustees of the village of Newark may
by resolution provide that application for licenses shall be made to the
village clerk. Provided further, however, that in the county of Montgom-
ery, the board of trustees of the village of St. Johnsville may by
resolution provide that application for licenses shall be made to the
village clerk. The governing body of any town or city or, in the coun-
ties of Nassau and Westchester, incorporated village or in the county of
Rockland, those villages with a population of fifteen thousand or more
which have so elected to accept applications, in the county of Wayne,
the village of Newark if such village has so elected to accept applica-
tions or, in the county of Montgomery, the village of St. Johnsville if
such village has so elected to accept applications may, on resolution of
such body, authorize that such application be made to one or more named
dog control officers of any such town, city or village. The issuance of
any license by any such officer shall be under the control and super-
vision of the clerk. In the case of a seized dog being redeemed or a dog
being otherwise obtained from a county animal shelter or pound, such
application may be made to the county dog control officer in charge of
such facility. In the case of a dog being redeemed or a dog being
adopted from a shelter or pound established, maintained or contracted
for, pursuant to section one hundred fourteen of this article, such
application may be made to the manager of such facility, provided such
manager has been authorized by the municipality in which the prospective
owner resides to accept such application. Such authorization shall be
requested by the governing body of the pound or shelter and the granting
or denial of such authorization shall be in the discretion of the muni-
cipality in which the prospective owner resides.
(c) The application shall state the sex, actual or approximate age,
breed, color, and municipal identification number of the dog, and other
identification marks, if any, and the name, address, telephone number,
county and town, city or village of residence of the owner. THE APPLICA-
TION SHALL INCLUDE SPACE WHERE AN OWNER MAY ELECT TO MAKE A CONTRIBUTION
IN SUPPORT OF THE POUND OR SHELTER MANAGED BY THE MUNICIPALITY WHERE THE
OWNER RESIDES OR ANY ORGANIZATION WHICH IS CONTRACTED BY SUCH MUNICI-
PALITY TO PROVIDE ANIMAL SHELTER SERVICES. THE SPACE FOR CONTRIBUTION
A. 2976--A 3
SHALL BE CLEARLY MARKED AND DISTINCT WITH BOLD LETTERING OR ON A SEPA-
RATE PAGE, TO MAKE CLEAR IT IS A VOLUNTARY CONTRIBUTION AND NOT A PART
OF THE LICENSE FEE. THE APPLICATION SHALL LIST THE ORGANIZATION IN WHICH
THE CONTRIBUTION WILL BE SENT AND MAY LIST SUGGESTED REASONABLE CONTRIB-
UTION AMOUNTS WITH AN OPTION FOR ANY AMOUNT. Municipalities may also
require additional information on such application as deemed appropri-
ate.
(d) The application shall be accompanied by the license fee prescribed
by section one hundred ten of this article, THE CONTRIBUTION, IF ELECTED
BY THE OWNER, and a certificate of rabies vaccination or statement in
lieu thereof, as required by subdivision two of this section. In the
case of a spayed or neutered dog, every application shall also be accom-
panied by a certificate signed by a licensed veterinarian or an affida-
vit signed by the owner, showing that the dog has been spayed or
neutered, provided such certificate or affidavit shall not be required
if the same is already on file with the clerk or authorized dog control
officer. In lieu of the spay or neuter certificate an owner may present
a statement certified by a licensed veterinarian stating that he has
examined the dog and found that because of old age or other reason, the
life of the dog would be endangered by spaying or neutering. In such
case, the license fee for the dog shall be the same as for a spayed or
neutered dog as set forth in subdivision one of section one hundred ten
of this article.
(e) Upon validation by the clerk, authorized dog control officer or
authorized pound or shelter manager, the application shall become a
license for the dog described therein.
(f) The clerk, authorized dog control officer or authorized pound or
shelter manager shall: (i) provide a copy of the license to the owner;
(ii) retain a record of the license that shall be made available upon
request to the commissioner for purposes of rabies and other animal
disease control efforts and actions. In addition, the authorized pound
or shelter manager shall send, within forty-eight hours of validation, a
copy of the license to the licensing municipality within which the dog
is to be harbored.
(g) No license shall be transferable. Upon the transfer of ownership
of any dog, the new owner shall immediately make application for a
license for such dog.
(h) Notwithstanding the provisions of any general, special or local
law, or any rule or regulation to the contrary, the clerk, authorized
dog control officer or authorized pound or shelter manager in munici-
palities having a population of less than one hundred thousand shall
within five business days after the license has been validated, send a
copy of the validated license to the licensing municipality in which the
dog is to be harbored.
2. The clerk, authorized dog control officer or authorized pound or
shelter manager, at the time of issuing any license pursuant to this
article, shall require the applicant to present a statement certified by
a licensed veterinarian showing that the dog or dogs have been vaccinat-
ed to prevent rabies or, in lieu thereof, a statement certified by a
licensed veterinarian stating that because of old age or another reason,
the life of the dog or dogs would be endangered by the administration of
vaccine. The clerk, authorized dog control officer or authorized pound
or shelter manager shall make or cause to be made from such statement a
record of such information and shall file such record with a copy of the
license. Such records shall be made available to the commissioner upon
request for rabies and other animal disease control efforts.
A. 2976--A 4
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.
4. MUNICIPALITIES SHALL DEPOSIT ALL MONIES COLLECTED FROM VOLUNTARY
CONTRIBUTIONS PURSUANT TO PARAGRAPH (C) OF SUBDIVISION ONE OF THIS
SECTION INTO A DEDICATED FUND. THE PROCEEDS OF SUCH FUND SHALL BE PROP-
ERLY ACCOUNTED FOR AND BE GIVEN TO THE ORGANIZATION LISTED ON THE APPLI-
CATION ANNUALLY. IN NO EVENT SHALL THE FUNDS DERIVED FROM VOLUNTARY
CONTRIBUTIONS REPLACE ANY EXISTING FUNDING COMMITMENTS TO SUCH ORGANIZA-
TIONS.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.