Bill Text: NY S04570 | 2017-2018 | General Assembly | Amended

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Bill Title: Directs the commissioner to establish standards regarding microchip technology used for identification of companion animals; requires the veterinarian or organization that implants the microchip to register such microchip with the microchip company; relates to examination of seized animals and animals taken possession of.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-06-21 - SUBSTITUTED BY A1839B [S04570 Detail]

Download: New_York-2017-S04570-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         4570--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    February 17, 2017
                                       ___________
        Introduced  by  Sen. TEDISCO -- 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 estab-
          lishing microchipping standards; in relation to  the  registration  of
          microchips;  and  in relation to the examination of seized animals and
          animals taken possession of
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  The  agriculture and markets law is amended by adding two
     2  new sections 111-a and 111-b to read as follows:
     3    § 111-a. Microchipping standards. 1. The commissioner shall adopt  and
     4  promulgate  rules  and  regulations  that provide for standardization of
     5  technology used in microchips implanted in companion  animals  that  are
     6  dogs  or cats and microchip readers so that such readers used by veteri-
     7  narians, animal shelters, dog control officers, and animal control offi-
     8  cers are capable of reading any chip to identify the animals and/or  the
     9  owner  of record.  Such rules and regulations shall also provide for the
    10  collection, sharing, and dissemination of chip  identification  informa-
    11  tion  by  entities  that  possess  and manage such information solely to
    12  promote timely notification of owners when pets are  lost,  while  main-
    13  taining  privacy  protection  of  personal information and providing for
    14  disclosure to such owners of the sharing of such information.
    15    2. The rules and regulations required by this section may provide  for
    16  an  advisory committee which shall include, but shall not be limited to,
    17  representatives of the animal microchip community who shall  advise  the
    18  commissioner   on  the  technical  requirements  necessary  in  creating
    19  universal standards and access to identifying information.  The  members
    20  of any such advisory committee shall serve without compensation.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06539-11-7
        S. 4570--A                          2
     1    §  111-b.  Registration of microchips.   When microchips are implanted
     2  into companion animals that are dogs or cats and registered  by,  or  on
     3  behalf  of,  such  animals'  owner's  registration  information shall be
     4  managed in compliance with regulations developed pursuant to section one
     5  hundred eleven-a of this article.
     6    §  2.  The  agriculture  and  markets  law  is amended by adding a new
     7  section 380 to read as follows:
     8    § 380. Examination of seized animals or animals taken  possession  of.
     9  1.  Consistent  with  the provisions of section one hundred seventeen of
    10  this chapter and sections three hundred seventy-three and three  hundred
    11  seventy-four  of  this  article,  no later than twenty-four hours, or as
    12  soon as practicable, after a companion animal that is a dog or a cat has
    13  been seized or taken possession of, except for such  animals  that  have
    14  been  surrendered  by  the  owner,  by  any  dog control officer, animal
    15  control officer or peace officer acting pursuant to his or  her  special
    16  duties,  or  police  officer  in  the employ of or under contract with a
    17  municipality, or any duly incorporated society  for  the  prevention  of
    18  cruelty  to  animals, duly incorporated humane society, pound or shelter
    19  that is operated by or under contract to a municipality,  such  officer,
    20  society, pound or shelter shall take steps to:
    21    (a)  Check such animal for all forms of identification, including, but
    22  not limited to, tags, microchips, tattoos or licenses; and
    23    (b) If practicable and if the necessary technology and  equipment  are
    24  available,  for  the  purposes  of this paragraph, make available to the
    25  public on the internet on a website or social  media  maintained  by  or
    26  otherwise  made  available to such officer, society, pound or shelter by
    27  the municipal or county government in which such officer, society, pound
    28  or shelter is located, a photograph, and a general  description  of  the
    29  animal  to  assist  the owner or owners in finding the animal, including
    30  the breed or breeds, if known. Information about the animal may be with-
    31  held if deemed appropriate to facilitate finding the owner or  otherwise
    32  protect  the safety of the animal. The notice required by this paragraph
    33  may be made by means other than the internet if use of the  internet  is
    34  impracticable.
    35    2. No later than twenty-four hours or as soon as practicable after the
    36  seizure  or taking possession of such animal potentially identifiable by
    37  a form of identification, including a license, tag, tattoo or microchip,
    38  or records or reports that are readily available of animals reported  to
    39  be lost, reasonable efforts shall be made to identify and provide actual
    40  notice  to the owner of the animal by any means reasonably calculated to
    41  provide actual notice to the owner.
    42    § 3. This act shall take effect on the one hundred twentieth day after
    43  it shall have become a law; provided however section  two  of  this  act
    44  shall  take  effect upon the adoption of regulations by the commissioner
    45  of agriculture pursuant to section one of this act;  provided,  further,
    46  that  the  commissioner of agriculture shall notify the legislative bill
    47  drafting commission upon the adoption of regulations pursuant to section
    48  one of this act in order that the commission may  maintain  an  accurate
    49  and  timely  effective data base of the official text of the laws of the
    50  state of New York in  furtherance  of  effectuating  the  provisions  of
    51  section  44  of the legislative law and section 70-b of the public offi-
    52  cers law.  Effective immediately, the addition, amendment and/or  repeal
    53  of  any  rule or regulation necessary for the implementation of this act
    54  on its effective date are authorized to be made on or before such date.