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A06158 Summary:

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A06158 Floor Votes:

A06158 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6158--A
 
                               2009-2010 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 26, 2009
                                       ___________
 
        Introduced  by  M. of A. ROSENTHAL, KELLNER -- read once and referred to
          the Committee on Agriculture -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        AN  ACT  to amend the agriculture and markets law and the administrative
          code of the city of New York, in relation to establishing a  New  York

          city  animal  population  control  program  and  an  animal population
          control fund; and to amend chapter 115 of the laws of 1894 relating to
          the better protection of lost and strayed animals and for securing the
          rights of owners thereof, in relation to licensing fees
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1 of section 107 of the agriculture and markets
     2  law,  as  amended by chapter 473 of the laws of 1995, is amended to read
     3  as follows:
     4    1. This article shall apply to all areas of the state except any  city
     5  having  a  population of over two million [except that the provisions in
     6  this article relating to the animal population control program shall  be
     7  applicable to the entire state].

     8    §  2.  The  administrative  code of the city of New York is amended by
     9  adding a new section 17-811 to read as follows:
    10    § 17-811 Animal population control program. The department  of  health
    11  and  mental  hygiene shall promulgate rules and regulations to establish
    12  and implement an animal population control program  within  one  hundred
    13  twenty days from the effective date of this section. The purpose of this
    14  program  shall  be  to  reduce the population of unwanted stray dogs and
    15  cats thereby reducing potential threats to public health and safety  and
    16  reducing  the costs of caring for these animals. This program shall seek
    17  to accomplish its purpose by encouraging residents of the  city  of  New

    18  York who are the owners of dogs and cats to have them spayed or neutered
    19  by  providing  no  or  low-cost  spaying  and neutering services to such
    20  owners. The department shall promulgate rules and regulations  necessary
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07076-06-9
        A. 6158--A                          2
 
     1  to  establish  an  animal  population control program including, but not
     2  limited, to creating clinics or mobile units where such  services  shall
     3  be  performed and establishing criteria for pet owner eligibility to use

     4  such  services.    Indicia  of  eligibility for pet owners seeking no or
     5  low-cost spay and neuter services shall include but not  be  limited  to
     6  any  criteria deemed acceptable by the agencies performing the services.
     7  The commissioner of the department of  health  and  mental  hygiene  may
     8  solicit  and accept funds from the animal population control fund estab-
     9  lished pursuant to section 17-812 of this chapter and any  other  public
    10  or private source to help carry out the provisions of this section.
    11    §  3.  The  administrative  code of the city of New York is amended by
    12  adding a new section 17-812 to read as follows:
    13    § 17-812 Animal population control fund. 1.  There  is  hereby  estab-
    14  lished  in the joint custody of the city comptroller and commissioner of

    15  finance a fund to be known as the "animal population control fund" which
    16  shall be used by the department to subsidize  the  city's  animal  popu-
    17  lation control program as established by section 17-811 of this chapter.
    18    2.  Such  fund  shall  consist of all moneys collected from the animal
    19  population control program established pursuant  to  section  17-811  of
    20  this  chapter  and section three-a of chapter one hundred fifteen of the
    21  laws of eighteen hundred ninety-four, and all other moneys  credited  or
    22  transferred thereto from any other fund or source pursuant to law.
    23    3.  Moneys  of  the fund shall be made available to the department and
    24  shall be expended for the purposes of  carrying  out  animal  population

    25  control  programs  pursuant  to the provisions of section 17-811 of this
    26  chapter. Moneys shall be paid out of the fund on the audit  and  warrant
    27  of  the city comptroller and approved by the commissioner of the depart-
    28  ment of health and mental hygiene. Any interest  received  by  the  city
    29  comptroller  on  moneys on deposit in the animal population control fund
    30  shall be retained in and become part of such fund.
    31    § 4. Section 3-a of chapter 115 of the laws of 1894  relating  to  the
    32  better  protection  of  lost  and  strayed  animals and for securing the
    33  rights of owners thereof, as amended by chapter 180 of the laws of 2002,
    34  is amended to read as follows:
    35    § 3-a. In addition to the fee charged pursuant to sections one and two

    36  of this chapter, any person applying for a dog license shall pay  a  fee
    37  of three dollars, or such greater amount as determined by the city coun-
    38  cil  or  the  board of health in the code of such city, for any dog four
    39  months of age or older which has not been spayed or neutered  unless  an
    40  owner  presents  with the license application a statement certified by a
    41  licensed veterinarian stating that he or she has examined  the  dog  and
    42  found  that  because  of  old  age or other reasons, the life of the dog
    43  would be endangered by spaying or neutering. All fees collected pursuant
    44  to the provisions of this section shall be forwarded to the [state] city
    45  comptroller for deposit in the animal population  control  fund  created
    46  pursuant to section [97-xx of the state finance law and section 117-a of

    47  the  agriculture  and  markets law] 17-812 of the administrative code of
    48  the city of New York.
    49    § 5. Any unspent moneys collected in prior fiscal  years  attributable
    50  to  dog  licensing  fees in cities having a population of two million or
    51  more and collected and deposited in the New York state animal population
    52  control fund pursuant to section 97-xx of the state finance law shall be
    53  transferred to and  retained  in  the  animal  population  control  fund
    54  created  pursuant  to  section  17-812 of the administrative code of the
    55  city of New York.
    56    § 6. This act shall take effect immediately.