Bill Text: NY A02882 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires the micro-chipping of all dogs; creates a state registry to maintain the identification and contact information on all micro-chipped dogs; provides that such registry shall be available twenty-four hours a day.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to agriculture [A02882 Detail]

Download: New_York-2011-A02882-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2882
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 20, 2011
                                      ___________
       Introduced  by M. of A. MILLMAN -- read once and referred to the Commit-
         tee on Agriculture
       AN ACT to amend the agriculture and markets  law,  in  relation  to  the
         microchipping of dogs and the creation of a registry of dogs
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph (c) of subdivision 1 of section 109 of the  agri-
    2  culture and markets law, as amended by section 4 of part T of chapter 59
    3  of the laws of 2010, is amended to read as follows:
    4    (c)  The  application  shall state the sex, actual or approximate age,
    5  breed, color, and municipal identification number of the dog, and  other
    6  identification  marks,  if any, and the name, address, telephone number,
    7  county and town, city or village of residence  of  the  owner  AND  SUCH
    8  INFORMATION  SHALL  BE  TRANSMITTED  TO THE REGISTRY ON DOGS PURSUANT TO
    9  SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.   Municipalities may  also
   10  require  additional  information on such application as deemed appropri-
   11  ate.
   12    S 2. The agriculture and markets law is  amended  by  adding  two  new
   13  sections 112-a and 112-b to read as follows:
   14    S  112-A.  MICROCHIPPING  OF  DOGS. 1. ANY PERSON WHO OWNS A DOG SHALL
   15  ENSURE THAT BY THE AGE OF FOUR MONTHS  SUCH  DOG  IS  IMPLANTED  WITH  A
   16  SPECIAL COMPUTER CHIP DESIGNED TO HOLD INFORMATION RELATING TO IDENTIFI-
   17  CATION  OF  THE  OWNER OR CUSTODIAN OF SUCH DOG, CONTACT INFORMATION AND
   18  SUCH DOG'S DESCRIPTION AND BREED  AND  ANY  OTHER  INFORMATION  REQUIRED
   19  PURSUANT  TO  SECTION ONE HUNDRED NINE OF THIS ARTICLE. SUCH INFORMATION
   20  SHALL BE TRANSMITTED INTO THE  STATE  REGISTRY  ON  DOGS  AND  SHALL  BE
   21  COMPATIBLE  WITH A MICROCHIP SCANNER OPERATED BY THE COMMISSIONER PURSU-
   22  ANT TO SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.
   23    2. WHENEVER ANY DOG IS LICENSED PURSUANT TO SECTION ONE HUNDRED TWELVE
   24  OF THIS ARTICLE, SUCH LICENSING CONTACT INFORMATION SHALL BE TRANSMITTED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01863-01-1
       A. 2882                             2
    1  TO THE REGISTRY OF DOGS AND PLACED ON THE MICROCHIP IN A  METHOD  ESTAB-
    2  LISHED BY THE COMMISSIONER.
    3    S 112-B. REGISTRY OF DOGS. 1. THE COMMISSIONER SHALL ESTABLISH A STATE
    4  REGISTRY  WHICH SHALL CONTAIN IDENTIFICATION INFORMATION RELATING TO ALL
    5  ANIMALS LICENSED PURSUANT TO SECTIONS  ONE  HUNDRED  NINE,  ONE  HUNDRED
    6  TWELVE AND ONE HUNDRED TWELVE-A OF THIS ARTICLE.
    7    2.  SUCH REGISTRY SHALL BE AVAILABLE TWENTY-FOUR HOURS A DAY AND SHALL
    8  BE SIMILAR TO ANY NATIONAL REGISTRY IN EXISTENCE.  A  MICROCHIP  SCANNER
    9  SHALL BE USED TO DETECT THE IDENTIFICATION NUMBER KEPT ON THE CHIP.
   10    3.  IT  SHALL  BE THE RESPONSIBILITY OF THE OWNER OR CUSTODIAN OF SUCH
   11  DOG TO CHANGE WITH THE REGISTRY ANY IDENTIFICATION INFORMATION  RELATING
   12  TO SUCH OWNER OR CUSTODIAN.
   13    S  3. Subdivision 1 of section 118 of the agriculture and markets law,
   14  as amended by section 14 of part T of chapter 59 of the laws of 2010, is
   15  amended to read as follows:
   16    1. It shall be a violation, punishable as provided in subdivision  two
   17  of this section, for:
   18    (a) any owner to fail to license any dog;
   19    (b)  any  owner to fail to have any dog identified as required by this
   20  article;
   21    (c) any person to knowingly affix to any dog  any  false  or  improper
   22  identification  tag,  special  identification tag for identifying guide,
   23  service or hearing dogs or purebred license tag;
   24    (d) any owner or custodian of any dog to fail to confine, restrain  or
   25  present such dog for any lawful purpose pursuant to this article;
   26    (e)  any  person to furnish any false or misleading information on any
   27  form required  to  be  filed  with  any  municipality  pursuant  to  the
   28  provisions of this article or rules and regulations promulgated pursuant
   29  thereto;
   30    (f)  the  owner  or custodian of any dog to fail to exercise due dili-
   31  gence in handling his or her dog if the  handling  results  in  harm  to
   32  another dog that is a guide, hearing or service dog;
   33    (g) any owner of a dog to fail to notify the municipality in which his
   34  or her dog is licensed of any change of ownership or address as required
   35  by section one hundred twelve of this article;
   36    (H) THE OWNER OR CUSTODIAN OF ANY DOG TO FAIL TO MICROCHIP SUCH DOG.
   37    S 4. This act shall take effect on the one hundred eightieth day after
   38  it shall have become a law; provided, however, that if part T of chapter
   39  59  of  the  laws  of  2010  has  not  taken effect as of such date then
   40  sections one and three of this act shall take effect on  the  same  date
   41  and  in the same manner as such chapter takes effect; provided, however,
   42  that effective immediately, the addition, amendment and/or repeal of any
   43  rule or regulation necessary for the implementation of this act  on  its
   44  effective  date  are authorized and directed to be made and completed on
   45  or before such effective date.
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