Bill Text: NY S04203 | 2013-2014 | General Assembly | Amended
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: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-08 - REFERRED TO AGRICULTURE [S04203 Detail]
Download: New_York-2013-S04203-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
4203--B
2013-2014 Regular Sessions
I N S E N A T E
March 14, 2013
___________
Introduced by Sen. GRISANTI -- 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 -- 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 S 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 AFTER A DOG HAS BEEN SEIZED BY
16 ANY DOG CONTROL OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR HER
17 SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY OF OR UNDER CONTRACT TO
18 A MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
19 CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, POUND OR SHELTER
20 THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY, SUCH OFFICER,
21 SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06462-12-3
S. 4203--B 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. SUCH
11 OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO COMPARE THE INFORMATION
12 KNOWN ABOUT THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN
13 PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS ARTICLE WITHIN
14 TWENTY-FOUR HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
15 OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS PARAGRAPH
16 MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
17 IMPRACTICABLE. NOTHING IN THIS SUBDIVISION SHALL BE INTERPRETED AS
18 REQUIRING A WEBSITE TO BE MAINTAINED OR EQUIPMENT OR TECHNOLOGY TO BE
19 PURCHASED IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
20 S 3. Subdivision 6 of section 117 of the agriculture and markets law,
21 as added by chapter 220 of the laws of 1978 and such section as renum-
22 bered by section 12 of part T of chapter 59 of the laws of 2010, is
23 amended to read as follows:
24 6. Promptly upon seizure of any identified dog, OR A DOG IDENTIFIED BY
25 ANOTHER FORM OF IDENTIFICATION, INCLUDING A TAG, TATTOO OR MICROCHIP,
26 the owner of record of such dog shall be notified personally [or], by
27 [certified] TELEPHONE OR BY mail, [return receipt requested,] of the
28 facts of seizure and the procedure for redemption. If notification is
29 [personally] given PERSONALLY OR BY TELEPHONE, such dog shall be held
30 for a period of seven days after day of notice, during which period the
31 dog may be redeemed by the owner. If such notification is made by mail,
32 such dog shall be held for a period of nine days from the date of mail-
33 ing, during which period the dog may be redeemed by the owner. In either
34 case, the owner may redeem such dog upon payment of the impoundment fees
35 prescribed by subdivision four of this section and by producing proof
36 that the dog has been licensed. NOTHING IN THIS SUBDIVISION SHALL BE
37 INTERPRETED AS REQUIRING THE PURCHASE OF EQUIPMENT OR TECHNOLOGY TO
38 COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
39 S 4. This act shall take effect on the sixtieth day after it shall
40 have become a law.
