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S04203 Summary:

BILL NO    S04203B

SAME AS    No same as 

SPONSOR    GRISANTI

COSPNSR    

MLTSPNSR   

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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S04203 Text:

                           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.
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