S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2976--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 1, 2023
                                ___________
 
 Introduced  by  M.  of  A.  ZEBROWSKI  --  read once and referred to the
   Committee on Agriculture -- recommitted to the Committee  on  Agricul-
   ture  in  accordance  with  Assembly  Rule  3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the agriculture and markets law, in relation  to  volun-
   tary contributions in support of municipal animal pounds or shelters
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 109 of the agriculture and markets law, as  amended
 by  section 4 of part T of chapter 59 of the laws of 2010, paragraph (b)
 of subdivision 1 as amended by chapter 349 of the laws of 2018, subdivi-
 sion 3 as amended by chapter 446 of the laws of 2012, is amended to read
 as follows:
   § 109. Licensing of dogs required; rabies vaccination required. 1. (a)
 The owner of any dog reaching the age of four months  shall  immediately
 make application for a dog license. No license shall be required for any
 dog  which is under the age of four months and which is not at large, or
 that is residing in a pound or shelter maintained by or  under  contract
 or  agreement  with the state or any county, city, town or village, duly
 incorporated society for the prevention  of  cruelty  to  animals,  duly
 incorporated  humane society or duly incorporated dog protective associ-
 ation. Except as otherwise provided in this subdivision, a license shall
 be issued or renewed for a period of at least one year,  provided,  that
 no  license  shall be issued for a period expiring after the last day of
 the eleventh month following the expiration date of the  current  rabies
 certificate for the dog being licensed. All licenses shall expire on the
 last  day  of the last month of the period for which they are issued. In
 the event an applicant for a license  presents,  in  lieu  of  a  rabies
 certificate,  a  statement  certified  by  a  licensed  veterinarian, as
 provided in subdivision two of this section, a license shall  be  issued
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07227-03-4
              

 A. 2976--A                          2
 
 or renewed for a period of one year from the date of said statement. Any
 municipality  may establish a common renewal date for all such licenses.
 A license issued by a municipality that has established a common renewal
 date  shall  expire  no  later than the common renewal date prior to the
 expiration date of the rabies certificate for the dog being licensed.
   (b) Application for a dog license shall be made to the  clerk  of  the
 town,  city,  or  county  or, in the counties of Nassau and Westchester,
 incorporated village in which the dog is  harbored  or  to  the  village
 clerk  of  those villages in the county of Rockland with a population of
 fifteen thousand or more  which  have  elected  to  accept  applications
 pursuant  to the provisions of this paragraph or to the village clerk of
 the village of Newark in the county of Wayne upon the  election  of  the
 village  of  Newark  pursuant  to  the  provisions  of  this  paragraph.
 Provided, however, that in the counties of Nassau and  Westchester,  the
 board  of trustees of any incorporated village may by resolution provide
 that applications for licenses shall no longer be made  to  the  village
 clerk,  but  to  the clerk of the town in which the village is situated.
 Provided further, however, that in the county of Rockland, the board  of
 trustees  of any incorporated village with a population of fifteen thou-
 sand or more may by resolution provide  that  application  for  licenses
 shall  be  made to the village clerk. Provided further, however, that in
 the county of Wayne, the board of trustees of the village of Newark  may
 by resolution provide that application for licenses shall be made to the
 village clerk. Provided further, however, that in the county of Montgom-
 ery,  the  board  of  trustees  of  the village of St. Johnsville may by
 resolution provide that application for licenses shall be  made  to  the
 village  clerk.  The governing body of any town or city or, in the coun-
 ties of Nassau and Westchester, incorporated village or in the county of
 Rockland, those villages with a population of fifteen thousand  or  more
 which  have  so  elected to accept applications, in the county of Wayne,
 the village of Newark if such village has so elected to accept  applica-
 tions or, in the county of Montgomery, the village of St.  Johnsville if
 such village has so elected to accept applications may, on resolution of
 such  body, authorize that such application be made to one or more named
 dog control officers of any such town, city or village.  The issuance of
 any license by any such officer shall be under the  control  and  super-
 vision of the clerk. In the case of a seized dog being redeemed or a dog
 being  otherwise  obtained  from  a county animal shelter or pound, such
 application may be made to the county dog control officer in  charge  of
 such  facility.  In  the  case  of  a  dog being redeemed or a dog being
 adopted from a shelter or pound established,  maintained  or  contracted
 for,  pursuant  to  section  one  hundred fourteen of this article, such
 application may be made to the manager of such facility,  provided  such
 manager has been authorized by the municipality in which the prospective
 owner  resides  to  accept such application. Such authorization shall be
 requested by the governing body of the pound or shelter and the granting
 or denial of such authorization shall be in the discretion of the  muni-
 cipality in which the prospective owner resides.
   (c)  The  application  shall state the sex, actual or approximate age,
 breed, color, and municipal identification number of the dog, and  other
 identification  marks,  if any, and the name, address, telephone number,
 county and town, city or village of residence of the owner. THE APPLICA-
 TION SHALL INCLUDE SPACE WHERE AN OWNER MAY ELECT TO MAKE A CONTRIBUTION
 IN SUPPORT OF THE POUND OR SHELTER MANAGED BY THE MUNICIPALITY WHERE THE
 OWNER RESIDES OR ANY ORGANIZATION WHICH IS CONTRACTED  BY  SUCH  MUNICI-
 PALITY  TO  PROVIDE  ANIMAL SHELTER SERVICES. THE SPACE FOR CONTRIBUTION
 A. 2976--A                          3
 
 SHALL BE CLEARLY MARKED AND DISTINCT WITH BOLD LETTERING OR ON  A  SEPA-
 RATE  PAGE,  TO MAKE CLEAR IT IS A VOLUNTARY CONTRIBUTION AND NOT A PART
 OF THE LICENSE FEE. THE APPLICATION SHALL LIST THE ORGANIZATION IN WHICH
 THE CONTRIBUTION WILL BE SENT AND MAY LIST SUGGESTED REASONABLE CONTRIB-
 UTION  AMOUNTS  WITH  AN  OPTION FOR ANY AMOUNT. Municipalities may also
 require additional information on such application as  deemed  appropri-
 ate.
   (d) The application shall be accompanied by the license fee prescribed
 by section one hundred ten of this article, THE CONTRIBUTION, IF ELECTED
 BY  THE  OWNER,  and a certificate of rabies vaccination or statement in
 lieu thereof, as required by subdivision two of  this  section.  In  the
 case of a spayed or neutered dog, every application shall also be accom-
 panied  by a certificate signed by a licensed veterinarian or an affida-
 vit signed by the owner,  showing  that  the  dog  has  been  spayed  or
 neutered,  provided  such certificate or affidavit shall not be required
 if the same is already on file with the clerk or authorized dog  control
 officer.  In lieu of the spay or neuter certificate an owner may present
 a statement certified by a licensed veterinarian  stating  that  he  has
 examined  the dog and found that because of old age or other reason, the
 life of the dog would be endangered by spaying  or  neutering.  In  such
 case,  the  license fee for the dog shall be the same as for a spayed or
 neutered dog as set forth in subdivision one of section one hundred  ten
 of this article.
   (e)  Upon  validation  by the clerk, authorized dog control officer or
 authorized pound or shelter manager,  the  application  shall  become  a
 license for the dog described therein.
   (f)  The  clerk, authorized dog control officer or authorized pound or
 shelter manager shall: (i) provide a copy of the license to  the  owner;
 (ii)  retain  a  record of the license that shall be made available upon
 request to the commissioner for purposes  of  rabies  and  other  animal
 disease  control  efforts and actions. In addition, the authorized pound
 or shelter manager shall send, within forty-eight hours of validation, a
 copy of the license to the licensing municipality within which  the  dog
 is to be harbored.
   (g)  No  license shall be transferable. Upon the transfer of ownership
 of any dog, the new owner  shall  immediately  make  application  for  a
 license for such dog.
   (h)  Notwithstanding  the  provisions of any general, special or local
 law, or any rule or regulation to the contrary,  the  clerk,  authorized
 dog  control  officer  or authorized pound or shelter manager in munici-
 palities having a population of less than  one  hundred  thousand  shall
 within  five  business days after the license has been validated, send a
 copy of the validated license to the licensing municipality in which the
 dog is to be harbored.
   2. The clerk, authorized dog control officer or  authorized  pound  or
 shelter  manager,  at  the  time of issuing any license pursuant to this
 article, shall require the applicant to present a statement certified by
 a licensed veterinarian showing that the dog or dogs have been vaccinat-
 ed to prevent rabies or, in lieu thereof, a  statement  certified  by  a
 licensed veterinarian stating that because of old age or another reason,
 the life of the dog or dogs would be endangered by the administration of
 vaccine.  The  clerk, authorized dog control officer or authorized pound
 or shelter manager shall make or cause to be made from such statement  a
 record of such information and shall file such record with a copy of the
 license.  Such  records shall be made available to the commissioner upon
 request for rabies and other animal disease control efforts.
 A. 2976--A                          4
 
   3. Municipalities may provide for the establishment  and  issuance  of
 purebred  licenses  and,  in the event they do so, shall provide for the
 assessment of a surcharge of at least three dollars for the purposes  of
 carrying  out  animal  population control efforts as provided in section
 one  hundred  seventeen-a  of  this  article. Municipalities which issue
 purebred licenses shall remit such surcharge collected  to  the  commis-
 sioner.
   4.  MUNICIPALITIES  SHALL  DEPOSIT ALL MONIES COLLECTED FROM VOLUNTARY
 CONTRIBUTIONS PURSUANT TO PARAGRAPH  (C)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION  INTO A DEDICATED FUND. THE PROCEEDS OF SUCH FUND SHALL BE PROP-
 ERLY ACCOUNTED FOR AND BE GIVEN TO THE ORGANIZATION LISTED ON THE APPLI-
 CATION ANNUALLY. IN NO EVENT SHALL  THE  FUNDS  DERIVED  FROM  VOLUNTARY
 CONTRIBUTIONS REPLACE ANY EXISTING FUNDING COMMITMENTS TO SUCH ORGANIZA-
 TIONS.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.