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S04203 Summary:

BILL NOS04203B
 
SAME ASNo same as
 
SPONSORGRISANTI
 
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:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         4203--B
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                     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    § 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 twenty-
    14  four hours after such records  become  available  following  seizure  or
    15  taking possession of such dog. The notice required by this paragraph may

    16  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    § 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    § 4. This act shall take effect on the sixtieth  day  after  it  shall
    40  have become a law.
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