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A03843 Summary:

BILL NO    A03843B

SAME AS    SAME AS S04203-B

SPONSOR    Paulin (MS)

COSPNSR    Galef, Roberts, Weisenberg, DiPietro, Otis, Rosenthal

MLTSPNSR   Gottfried

Amd SS113 & 117, Ag & Mkts L

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.
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A03843 Text:

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

                                        3843--B

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 29, 2013
                                      ___________

       Introduced  by  M.  of  A. PAULIN, GALEF, ROBERTS, WEISENBERG, DIPIETRO,
         OTIS -- Multi-Sponsored by -- M. of A. GABRYSZAK,  GOTTFRIED  --  read
         once  and  referred  to  the  Committee  on  Agriculture  -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee -- reported and referred to the Committee  on  Codes
         --  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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06462-11-3
       A. 3843--B                          2

    1  THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY,  SUCH  OFFICER,
    2  SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
    3    (A)  CHECK THE DOG FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT NOT
    4  LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND
    5    (B) IF PRACTICABLE, MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON  A
    6  WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCI-
    7  ETY,  POUND  OR  SHELTER  BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
    8  SUCH OFFICER, SOCIETY, POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, AND  A
    9  GENERAL  DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FINDING
   10  THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
   11  ABOUT  THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FIND-
   12  ING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG. SUCH
   13  OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO  COMPARE  THE  INFORMATION
   14  KNOWN  ABOUT  THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN
   15  PURSUANT  TO  SECTION  ONE  HUNDRED  TWELVE  OF  THIS   ARTICLE   WITHIN
   16  TWENTY-FOUR  HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
   17  OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS  PARAGRAPH
   18  MAY  BE  MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
   19  IMPRACTICABLE. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  INTERPRETED  AS
   20  REQUIRING  A  WEBSITE  TO BE MAINTAINED OR EQUIPMENT OR TECHNOLOGY TO BE
   21  PURCHASED IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
   22    S 3. Subdivision 6 of section 117 of the agriculture and markets  law,
   23  as  added  by chapter 220 of the laws of 1978 and such section as renum-
   24  bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
   25  amended to read as follows:
   26    6. Promptly upon seizure of any identified dog, OR A DOG IDENTIFIED BY
   27  ANOTHER  FORM  OF  IDENTIFICATION, INCLUDING A TAG, TATTOO OR MICROCHIP,
   28  the owner of record of such dog shall be notified  personally  [or],  by
   29  [certified]  TELEPHONE  OR  BY  mail, [return receipt requested,] of the
   30  facts of seizure and the procedure for redemption.  If  notification  is
   31  [personally]  given  PERSONALLY  OR BY TELEPHONE, such dog shall be held
   32  for a period of seven days after day of notice, during which period  the
   33  dog  may be redeemed by the owner. If such notification is made by mail,
   34  such dog shall be held for a period of nine days from the date of  mail-
   35  ing, during which period the dog may be redeemed by the owner. In either
   36  case, the owner may redeem such dog upon payment of the impoundment fees
   37  prescribed  by  subdivision  four of this section and by producing proof
   38  that the dog has been licensed. NOTHING IN  THIS  SUBDIVISION  SHALL  BE
   39  INTERPRETED  AS  REQUIRING  THE  PURCHASE  OF EQUIPMENT OR TECHNOLOGY TO
   40  COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
   41    S 4. This act shall take effect on the sixtieth  day  after  it  shall
   42  have become a law.
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