A07140 Summary:

BILL NO    A07140B

SAME AS    SAME AS S07611-A

SPONSOR    Magee

COSPNSR    

MLTSPNSR   

Amd SS108, 109, 110, 116, 117, 117-a & 122, Ag & Mkts L

Relates to fees collected for animal licenses; makes technical corrections
relating thereto.
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A07140 Actions:

BILL NO    A07140B

04/13/2011 referred to agriculture
06/06/2011 reported referred to rules
06/13/2011 reported 
06/13/2011 rules report cal.129
06/13/2011 ordered to third reading rules cal.129
06/13/2011 passed assembly
06/13/2011 delivered to senate
06/13/2011 REFERRED TO RULES
01/04/2012 DIED IN SENATE
01/04/2012 RETURNED TO ASSEMBLY
01/04/2012 ordered to third reading cal.237
06/11/2012 amended on third reading 7140a
06/19/2012 amended on third reading 7140b
06/21/2012 substituted by s7611a
           S07611  AMEND=A  RITCHIE
           06/07/2012 REFERRED TO AGRICULTURE
           06/18/2012 AMEND AND RECOMMIT TO AGRICULTURE
           06/18/2012 PRINT NUMBER 7611A
           06/21/2012 COMMITTEE DISCHARGED AND COMMITTED TO RULES
           06/21/2012 ORDERED TO THIRD READING CAL.1488
           06/21/2012 PASSED SENATE
           06/21/2012 DELIVERED TO ASSEMBLY
           06/21/2012 referred to agriculture
           06/21/2012 substituted for a7140b
           06/21/2012 ordered to third reading cal.237
           06/21/2012 passed assembly
           06/21/2012 returned to senate
           08/06/2012 DELIVERED TO GOVERNOR
           08/17/2012 SIGNED CHAP.446
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A07140 Votes:

A07140 06/13/2011 123/21
AbbateYCastellNOGalefYKatzNOMcKevitYRabbittYStevensY
AbinantYCastroYGanttYKavanagYMcLaughNORaiaNOSweeneyY
AmedoreNOCerettoNOGibsonYKellnerYMengYRamosYTediscoY
ArroyoYClarkYGiglioYKirwanYMill D NOReilichYTenneyNO
AubryYColtonYGlickYKolbYMill JMYReillyYThieleY
BarclayYConteYGoodellNOLancmanERMill MGYRive J YTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N YTitusY
BenedetYCorwinNOGrafNOLavineYMolinarYRive PMYTobaccoY
BingYCrespoYGuntherYLentolYMontesaNORobertsYWeinsteY
BlankenYCrouchYHannaNOLiftonYMorelleYRobinsoYWeisenbY
BoylandYCurranNOHawleyYLinaresYMoyaYRodriguYWeprinY
BoyleYCusickYHayesYLope PDNOMurrayNORosenthYWrightY
BraunstYCymbrowYHeastieYLope VJERNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadYOaksYSaladinNOMr SpkrY
BronsonYDinowitYHikindYLupardoYO'DonneYSaywardY
Brook KYDupreyYHooperYMageeYOrtizYScarborY
BurlingYEnglebrYHoytYMagnareYPalmesaNOSchimelY
ButlerYFarrellYJacobsYMaiselYPaulinYSchimmiY
CahillYFinchYJaffeeYMalliotYPeoplesYSchroedY
CalhounYFitzpatYJeffrieYMarkeyYPerryYSimotasY
CamaraYFriendNOJohnsNOMcDonouYPretlowYSmardzNO
CanestrYGabryszYJordanYMcEnenyYRaYSpanoY

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A07140 Memo:

BILL NUMBER:A7140B

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  S  116  of
Agriculture and Markets Law.

Section  5  makes  technical  changes  to  subdivision  10 of S 117 of
Agriculture and Markets Law.

Section 6 makes technical changes to  subdivision  6  of  S  117-a  of
Agriculture and Markets Law.

Section 7 makes technical changes to paragraph (c) of subdivision 2 of
S 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.
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A07140 Text:

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

                                        7140--B
                                                               Cal. No. 237

                              2011-2012 Regular Sessions

                                 I N  A S S E M B L Y

                                    April 13, 2011
                                      ___________

       Introduced  by M. of A. MAGEE -- read once and referred to the Committee
         on Agriculture -- advanced to a third  reading,  amended  and  ordered
         reprinted,  retaining its place on the order of third reading -- again
         amended on third reading, ordered reprinted, retaining  its  place  on
         the order of third reading

       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:

    1    Section  1.  Subdivisions  19 and 25 of section 108 of the agriculture
    2  and markets law, subdivision 19 as added by chapter 220 of the  laws  of
    3  1978 and subdivision 25 as added by chapter 170 of the laws of 1998, are
    4  amended to read as follows:
    5    19.  "Recognized  registry association" means any registry association
    6  that operates on a nationwide basis[,] AND issues numbered  registration
    7  certificates  [and  keeps such records as may be required by the commis-
    8  sioner].
    9    25. "Working search dog" means any dog that is trained to aid  in  the
   10  search for missing persons[,] AND is actually used for such purpose [and
   11  is registered with the department; provided, however, that such services
   12  provided by said dog shall be performed without charge or fee].
   13    S  2. Subdivision 3 of section 109 of the agriculture and markets law,
   14  as added by section 4 of part T of chapter 59 of the laws  of  2010,  is
   15  amended to read as follows:
   16    3.  Municipalities  may  provide for the establishment and issuance of
   17  purebred licenses and, in the event they do so, shall  provide  for  the
   18  assessment  of a surcharge of at least three dollars for the purposes of
   19  carrying out animal population control efforts as  provided  in  section
   20  one  hundred  seventeen-a  of  this  article. MUNICIPALITIES WHICH ISSUE
   21  PUREBRED LICENSES SHALL REMIT SUCH SURCHARGE COLLECTED  TO  THE  COMMIS-
   22  SIONER.

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10715-09-2
       A. 7140--B                          2

    1    S  3. Subdivision 3 of section 110 of the agriculture and markets law,
    2  as added by section 5 of part T of chapter 59 of the laws  of  2010,  is
    3  amended to read as follows:
    4    3.  In addition to the fee charged pursuant to subdivision one of this
    5  section, all municipalities issuing dog licenses pursuant to this  arti-
    6  cle  are  required  to  provide  for  the  assessment  of  an additional
    7  surcharge of at least one dollar for altered dogs  and  at  least  three
    8  dollars for unaltered dogs for the purposes of carrying out animal popu-
    9  lation control efforts as provided in section one hundred seventeen-a of
   10  this  article.   SUCH SURCHARGES SHALL BE SUBMITTED BY MUNICIPALITIES TO
   11  THE COMMISSIONER.
   12    S 4. Subdivision 4 of section 116 of the agriculture and markets  law,
   13  as amended by chapter 473 of the laws of 1995 and such section as renum-
   14  bered  by  section  10  of  part T of chapter 59 of the laws of 2010, is
   15  amended to read as follows:
   16    4. In no event shall any of  the  moneys  or  fees  derived  from,  or
   17  collected pursuant to, the provisions of this article except as provided
   18  in  [paragraph c of] subdivision [four] THREE of section one hundred ten
   19  of this article and section one hundred seventeen-a of this  article  be
   20  used to subsidize the spaying or neutering of cats.
   21    S 5. Subdivision 10 of section 117 of the agriculture and markets law,
   22  as  added  by chapter 220 of the laws of 1978 and such section as renum-
   23  bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
   24  amended to read as follows:
   25    10.  The  seizure  of  any  dog  shall not relieve any person from any
   26  violation provided for by section one  hundred  [nineteen]  EIGHTEEN  of
   27  this article.
   28    S  6.  Subdivision  6  of section 117-a of the agriculture and markets
   29  law, as added by section 11 of part T of chapter 59 of the laws of 2010,
   30  is amended to read as follows:
   31    6. Any county which has  created  its  own  program,  which  has  been
   32  approved  by  the  administrative  entity  pursuant to this section, may
   33  receive the funds collected by  the  municipalities  within  the  county
   34  pursuant  to SUBDIVISION THREE OF SECTION ONE HUNDRED NINE OF THIS ARTI-
   35  CLE AND subdivision three of section one hundred ten of this article for
   36  the  sole  purpose  of  administering  such  ANIMAL  POPULATION  CONTROL
   37  program.  Such  county  program shall be subject to this article and the
   38  terms and conditions of the animal population control program, as may be
   39  amended from time to time.
   40    S 7. Paragraph (c) of subdivision 2 of section 122 of the  agriculture
   41  and  markets  law,  as separately amended by chapters 714 and 843 of the
   42  laws of 1980 and such section as renumbered by section 21 of part  T  of
   43  chapter 59 of the laws of 2010, is amended to read as follows:
   44    (c) provide for the issuance pursuant to the criminal procedure law of
   45  an  appearance  ticket, or in lieu thereof, a uniform appearance ticket,
   46  or in lieu thereof, a uniform appearance ticket and simplified  informa-
   47  tion,  as  provided  in  section one hundred [fourteen] THIRTEEN of this
   48  article, by any dog control officer, peace officer, acting  pursuant  to
   49  his  special duties, or police officer, who is authorized by any munici-
   50  pality to assist in  the  enforcement  of  this  article  for  any  such
   51  violation.
   52    S  8.  This  act  shall take effect on the sixtieth day after it shall
   53  have become a law.
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