NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7140B
SPONSOR: Magee 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 subdi-
visions 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 § 116 of Agricul-
ture and Markets Law.
Section 5 makes technical changes to subdivision 10 of § 117 of Agricul-
ture and Markets Law.
Section 6 makes technical changes to subdivision 6 of § 117-a of Agri-
culture and Markets Law.
Section 7 makes technical changes to paragraph (c) of subdivision 2 of §
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 muni-
cipalities 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.
STATE OF NEW YORK
________________________________________________________________________
7140--B
Cal. No. 237
2011-2012 Regular Sessions
IN ASSEMBLY
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 § 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 § 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 § 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 § 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 § 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 § 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 § 8. This act shall take effect on the sixtieth day after it shall
53 have become a law.
