Amd S107, Ag & Mkts L; add SS17-811 & 17-812, NYC Ad Cd; amd S3-a, Chap 115 of 1894
Creates an animal population control fund to fund the animal population control program which reduces the population of unwanted stray dogs and cats; encourages neutering of animals.
STATE OF NEW YORK
________________________________________________________________________
4278
2009-2010 Regular Sessions
IN SENATE
April 21, 2009
___________
Introduced by Sen. DUANE -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture
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
21 to establish an animal population control program including, but not
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07076-07-9
S. 4278 2
1 limited, to creating clinics or mobile units where such services shall
2 be performed and establishing criteria for pet owner eligibility to use
3 such services. Indicia of eligibility for pet owners seeking no or
4 low-cost spay and neuter services shall include but not be limited to
5 any criteria deemed acceptable by the agencies performing the services.
6 The commissioner of the department of health and mental hygiene may
7 solicit and accept funds from the animal population control fund estab-
8 lished pursuant to section 17-812 of this chapter and any other public
9 or private source to help carry out the provisions of this section.
10 § 3. The administrative code of the city of New York is amended by
11 adding a new section 17-812 to read as follows:
12 § 17-812 Animal population control fund. 1. There is hereby estab-
13 lished in the joint custody of the city comptroller and commissioner of
14 finance a fund to be known as the "animal population control fund" which
15 shall be used by the department to subsidize the city's animal popu-
16 lation control program as established by section 17-811 of this chapter.
17 2. Such fund shall consist of all moneys collected from the animal
18 population control program established pursuant to section 17-811 of
19 this chapter and section three-a of chapter one hundred fifteen of the
20 laws of eighteen hundred ninety-four, and all other moneys credited or
21 transferred thereto from any other fund or source pursuant to law.
22 3. Moneys of the fund shall be made available to the department and
23 shall be expended for the purposes of carrying out animal population
24 control programs pursuant to the provisions of section 17-811 of this
25 chapter. Moneys shall be paid out of the fund on the audit and warrant
26 of the city comptroller and approved by the commissioner of the depart-
27 ment of health and mental hygiene. Any interest received by the city
28 comptroller on moneys on deposit in the animal population control fund
29 shall be retained in and become part of such fund.
30 § 4. Section 3-a of chapter 115 of the laws of 1894 relating to the
31 better protection of lost and strayed animals and for securing the
32 rights of owners thereof, as amended by chapter 180 of the laws of 2002,
33 is amended to read as follows:
34 § 3-a. In addition to the fee charged pursuant to sections one and two
35 of this chapter, any person applying for a dog license shall pay a fee
36 of three dollars, or such greater amount as determined by the city coun-
37 cil or the board of health in the code of such city, for any dog four
38 months of age or older which has not been spayed or neutered unless an
39 owner presents with the license application a statement certified by a
40 licensed veterinarian stating that he or she has examined the dog and
41 found that because of old age or other reasons, the life of the dog
42 would be endangered by spaying or neutering. All fees collected pursuant
43 to the provisions of this section shall be forwarded to the [state] city
44 comptroller for deposit in the animal population control fund created
45 pursuant to section [97-xx of the state finance law and section 117-a of
46 the agriculture and markets law] 17-812 of the administrative code of
47 the city of New York.
48 § 5. Any unspent moneys collected in prior fiscal years attributable
49 to dog licensing fees in cities having a population of two million or
50 more and collected and deposited in the New York state animal population
51 control fund pursuant to section 97-xx of the state finance law shall be
52 transferred to and retained in the animal population control fund
53 created pursuant to section 17-812 of the administrative code of the
54 city of New York.
55 § 6. This act shall take effect immediately.
