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A03843 Summary:

BILL NOA03843C
 
SAME ASNo same as
 
SPONSORPaulin (MS)
 
COSPNSRGalef, Roberts, Weisenberg, DiPietro, Otis, Rosenthal
 
MLTSPNSRGottfried
 
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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         3843--C
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 29, 2013
                                       ___________
 
        Introduced  by  M.  of  A. PAULIN, GALEF, ROBERTS, WEISENBERG, DiPIETRO,
          OTIS, ROSENTHAL -- Multi-Sponsored by -- M. of A.  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 -- recommitted to the  Committee  on
          Agriculture in accordance with Assembly Rule 3, sec. 2 -- reported and
          referred  to  the  Committee  on  Codes  -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets

                              [ ] is old law to be omitted.
                                                                   LBD06462-24-4

        A. 3843--C                          2
 
     1    3-a. No later than twenty-four hours  or as soon as practicable  after
     2  a dog has been seized by any dog control officer or peace officer acting
     3  pursuant  to  his or her special duties, or police officer in the employ
     4  of or under contract to a municipality, or any duly incorporated society
     5  for the prevention of cruelty to animals, duly incorporated humane soci-
     6  ety, pound or shelter that is operated by or under contract to a munici-
     7  pality, such officer, society, pound or shelter shall take steps to:
     8    (a)  check the dog for all forms of identification, including, but not

     9  limited to, tags, microchips, tattoos or licenses; and
    10    (b) if practicable, make available to the public on the internet on  a
    11  website maintained by or otherwise made available to such officer, soci-
    12  ety,  pound  or  shelter  by the municipal or county government in which
    13  such officer, society, pound or shelter is located, a photograph, and  a
    14  general  description of the dog to assist the owner or owners in finding
    15  the dog, including the breed or breeds, if known,  although  information
    16  about  the dog may be withheld if deemed appropriate to facilitate find-
    17  ing the owner or owners or otherwise protect the safety of the dog.  The
    18  notice required by this paragraph may be made by means  other  than  the

    19  internet if use of the internet is impracticable. Nothing in this subdi-
    20  vision  shall  be interpreted as requiring a website to be maintained or
    21  equipment or technology to be purchased in  order  to  comply  with  the
    22  provisions of this subdivision.
    23    (c)  Such  officer,  pound,  shelter or society shall also compare the
    24  information known about the dog with records of dogs reported to be lost
    25  or stolen pursuant to section one hundred twelve of this article  within
    26  twenty-four  hours  or  as soon as practicable after such records become
    27  available following seizure or taking possession of such dog.
    28    § 3. Subdivision 4 of section 117 of the agriculture and markets  law,
    29  as  amended  and  such  section as renumbered by section 12 of part T of

    30  chapter 59 of the laws of 2010, is amended to read as follows:
    31    4. Each dog which is not identified by an official identification tag,
    32  as defined in subdivision eleven of section one hundred  eight  of  this
    33  chapter,  whether  or  not  licensed, shall be held for a period of five
    34  days from the day seized during which period the dog may be redeemed  by
    35  its owner, provided that such owner produces proof that the dog has been
    36  licensed  and  has  been  identified  pursuant to the provisions of this
    37  article and further provided that the owner pays the following  impound-
    38  ment fees:
    39    (a)  not  less  than  ten dollars for the first impoundment of any dog
    40  owned by that person;
    41    (b) not less than twenty dollars for the first  twenty-four  hours  or
    42  part  thereof and three dollars for each additional twenty-four hours or

    43  part thereof for the second impoundment, within one year  of  the  first
    44  impoundment, of any dog owned by that person; or
    45    (c)  not  less  than thirty dollars for the first twenty-four hours or
    46  part thereof and three dollars for each additional twenty-four hours  or
    47  part  thereof for the third and subsequent impoundments, within one year
    48  of the first impoundment, of any dog owned by that person.
    49    The impoundment fees set forth in paragraphs (a), (b) and (c) of  this
    50  subdivision  notwithstanding,  any  municipality may set by local law or
    51  ordinance such fees in any amount.
    52    § 4. Subdivision 6 of section 117 of the agriculture and markets  law,
    53  as  added  by chapter 220 of the laws of 1978 and such section as renum-
    54  bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
    55  amended to read as follows:


        A. 3843--C                          3
 
     1    6.  (a)  Promptly  upon  seizure  of any identified dog, as defined in
     2  subdivisions eleven and twelve of section  one  hundred  eight  of  this
     3  chapter,  the  owner of record of such dog shall be notified personally;
     4  or by certified mail, return receipt requested, of the facts of  seizure
     5  and the procedure for redemption.
     6    (b)  Promptly  upon  the  seizure of a dog potentially identifiable by
     7  another form of identification, including a tag, tattoo or microchip, or
     8  records of dogs reported to be lost or stolen pursuant  to  section  one
     9  hundred  twelve  of  this  article,  reasonable efforts shall be made to
    10  identify the owner of the dog. Once the owner is identified,  the  owner

    11  shall  be  notified  personally  or  by  certified  mail, return receipt
    12  requested. If unable to identify such owner after having made reasonable
    13  efforts to do so, such dog shall be held in accordance with  subdivision
    14  four of this section.
    15    (c)  If notification is personally given, such dog identified pursuant
    16  to paragraphs (a) and (b) of this subdivision shall be held for a period
    17  of seven days after day of notice, during which period the  dog  may  be
    18  redeemed  by  the owner. If such notification is made by certified mail,
    19  such dog identified pursuant to paragraphs (a) and (b) of this  subdivi-
    20  sion  shall  be held for a period of nine days from the date of mailing,
    21  during which period the dog may be redeemed  by  the  owner.  In  either

    22  case, the owner may redeem such dog upon payment of the impoundment fees
    23  prescribed  by  subdivision  four of this section and by producing proof
    24  that the dog has been licensed. Nothing in  this  subdivision  shall  be
    25  interpreted  as  requiring  the  purchase  of equipment or technology to
    26  comply with the provisions of this subdivision.
    27    § 5. This act shall take effect on the sixtieth  day  after  it  shall
    28  have become a law.
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