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A07140 Summary:

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A07140 Floor Votes:

A07140 Text:

 
                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.