Bill Text: NY S02064 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to owners of lost pets and return of lost pets to their owners; requires the entity with possession to take steps to check the dogs for any identification including tags, tattoos and microchips; makes information available to the public on their website to assist owners in finding their pets.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2018-01-03 - REFERRED TO AGRICULTURE [S02064 Detail]

Download: New_York-2017-S02064-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         2064--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 11, 2017
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture  --  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 the
          identification of owners of lost pets and return of lost pets to their
          owners
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 4 of section 113 of the agriculture and markets
     2  law,  as  amended  by  section  8 of part T of chapter 59 of the laws of
     3  2010, is amended to read as follows:
     4    4. Every dog control officer, peace officer, when acting  pursuant  to
     5  his  special duties or police officer shall promptly make and maintain a
     6  complete record of any seizure and subsequent disposition  of  any  dog.
     7  Such  record  shall include, but not be limited to, a description of the
     8  dog, the date and hour of seizure, the official identification number of
     9  such dog, if any, or any  other  identifying  information  from  a  tag,
    10  tattoo  or microchip if such can be reasonably ascertained, the location
    11  where seized, the reason for seizure, and the owner's name and  address,
    12  if known.
    13    §  2.  Section  117  of  the agriculture and markets law is amended by
    14  adding a new subdivision 3-a to read as follows:
    15    3-a. No later than twenty-four hours  or as soon as practicable  after
    16  a dog has been seized by any dog control officer or peace officer acting
    17  pursuant  to  his or her special duties, or police officer in the employ
    18  of or under contract to a municipality, or any duly incorporated society
    19  for the prevention of cruelty to animals, duly incorporated humane soci-
    20  ety, pound or shelter that is operated by or under contract to a munici-
    21  pality, such officer, society, pound or shelter shall take steps to:
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06542-03-7
        S. 2064--A                          2
     1    (a) check the dog for all forms of identification, including, but  not
     2  limited to, tags, microchips, tattoos or licenses; and
     3    (b)  if practicable, make available to the public on the internet on a
     4  website maintained by or otherwise made available to such officer, soci-
     5  ety, pound or shelter by the municipal or  county  government  in  which
     6  such  officer, society, pound or shelter is located, a photograph, and a
     7  general description of the dog to assist the owner or owners in  finding
     8  the  dog,  including the breed or breeds, if known, although information
     9  about the dog may be withheld if deemed appropriate to facilitate  find-
    10  ing the owner or owners or otherwise protect the safety of the dog.  The
    11  notice  required  by  this paragraph may be made by means other than the
    12  internet if use of the internet is impracticable. Nothing in this subdi-
    13  vision shall be interpreted as requiring a website to be  maintained  or
    14  equipment  or  technology  to  be  purchased in order to comply with the
    15  provisions of this subdivision.
    16    (c) Such officer shall also compare the information  known  about  the
    17  dog  with  records  of  dogs  reported  to be lost or stolen pursuant to
    18  section one hundred twelve of this article within twenty-four  hours  or
    19  as  soon  as  practicable  after such records become available following
    20  seizure or taking possession of such dog.
    21    § 3. Subdivision 4 of section 117 of the agriculture and markets  law,
    22  as  amended  and  such  section as renumbered by section 12 of part T of
    23  chapter 59 of the laws of 2010, is amended to read as follows:
    24    4. (a) Each dog which is not identified by an official  identification
    25  tag,  as  defined  in subdivision eleven of section one hundred eight of
    26  this article, whether or not licensed, shall be held  for  a  period  of
    27  five  days  from  the  day  seized  during  which  period the dog may be
    28  redeemed by its owner, provided that such owner produces proof that  the
    29  dog has been licensed and has been identified pursuant to the provisions
    30  of  this  article and further provided that the owner pays the following
    31  impoundment fees:
    32    [(a)] (i) not less than ten dollars for the first impoundment  of  any
    33  dog owned by that person;
    34    [(b)]  (ii)  not  less  than  twenty dollars for the first twenty-four
    35  hours or part thereof and three dollars for each additional  twenty-four
    36  hours or part thereof for the second impoundment, within one year of the
    37  first impoundment, of any dog owned by that person; or
    38    [(c)]  (iii)  not  less  than thirty dollars for the first twenty-four
    39  hours or part thereof and three dollars for each additional  twenty-four
    40  hours  or part thereof for the third and subsequent impoundments, within
    41  one year of the first impoundment, of any dog owned by that person.
    42    The impoundment fees set  forth  in  [paragraphs  (a),  (b)  and  (c)]
    43  subparagraphs  i,  ii,  and iii of this [subdivision] paragraph notwith-
    44  standing, any municipality may set by local law or ordinance  such  fees
    45  in any amount.
    46    (b)  Promptly  upon  the  seizure of a dog potentially identifiable by
    47  another form of identification, including a tag, tattoo or microchip, or
    48  records of dogs reported to be lost or stolen pursuant  to  section  one
    49  hundred  twelve  of  this  article,  reasonable efforts shall be made to
    50  identify and contact the owner of the dog. If unable to positively iden-
    51  tify such owner after having made reasonable efforts to do so, such  dog
    52  shall  be held in accordance with paragraph (a) of this subdivision.  If
    53  such owner is positively identified, such dog may be held in  accordance
    54  with subdivision six of this section.
    55    §  4. Subdivision 6 of section 117 of the agriculture and markets law,
    56  as added by chapter 220 of the laws of 1978 and such section  as  renum-
        S. 2064--A                          3
     1  bered  by  section  12  of  part T of chapter 59 of the laws of 2010, is
     2  amended to read as follows:
     3    6.  (a)  Promptly  upon  seizure  of any identified dog, as defined in
     4  subdivisions eleven and twelve of section  one  hundred  eight  of  this
     5  article,  the  owner of record of such dog shall be notified personally;
     6  or by certified mail, return receipt requested, of the facts of  seizure
     7  and the procedure for redemption.
     8    (b)  If notification is personally given, such dog identified pursuant
     9  to paragraph (a) of this subdivision shall be held for a period of seven
    10  days after day of notice, during which period the dog may be redeemed by
    11  the owner. If such notification is made  by  certified  mail,  such  dog
    12  identified  pursuant  to paragraph (a) of this subdivision shall be held
    13  for a period of nine days from the date of mailing, during which  period
    14  the  dog  may  be  redeemed  by the owner. In either case, the owner may
    15  redeem such dog upon payment  of  the  impoundment  fees  prescribed  by
    16  subdivision four of this section and by producing proof that the dog has
    17  been  licensed.  Nothing  in  this  subdivision  shall be interpreted as
    18  requiring the purchase of equipment or technology  to  comply  with  the
    19  provisions of this subdivision.
    20    §  5.  Section  118  of  the agriculture and markets law is amended by
    21  adding a new subdivision 6 to read as follows:
    22    6. Every dog pound or shelter, as described  in  section  one  hundred
    23  fourteen  of  this  article  shall promptly make and maintain a complete
    24  record of any seizure and subsequent  disposition  of  any  dog.    Such
    25  record  shall  include, but not be limited to, a description of the dog,
    26  the date and hour of seizure, the official identification number of such
    27  dog, if any, or any other identifying information from a tag, tattoo  or
    28  microchip  if  such  can  be  reasonably ascertained, the location where
    29  seized, the reason for seizure, and the owner's  name  and  address,  if
    30  known.
    31    §  6.  This  act  shall take effect on the sixtieth day after it shall
    32  have become a law.