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Text   -   S04278
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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4278

                              2009-2010 Regular Sessions

                                   I N  S E N A T E

                                    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    S 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    S  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    S 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    S  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    S  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    S 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    S  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    S 6. This act shall take effect immediately.
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