Rpld §111-b, amd §111-a, Ag & Mkts L; amd §3, Chap of 2017 (as proposed in S. 4570-A and A. 1839-B)
 
Relates to establishing microchipping standards, registration of microchips and the examination of seized animals; provides for the expiration of an advisory committee on microchipping.
STATE OF NEW YORK
________________________________________________________________________
8951
IN ASSEMBLY
January 9, 2018
___________
Introduced by M. of A. L. ROSENTHAL -- read once and referred to the
Committee on Agriculture
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing microchipping standards, registration of microchips and the
examination of seized animals; and to amend a chapter of the laws of
2017, amending the agriculture and markets law relating to establish-
ing microchipping standards; relating to the registration of micro-
chips; and relating to the examination of seized animals and animals
taken possession of, as proposed in legislative bills numbers S.
4570-A and A. 1839-B, in relation to the effectiveness thereof; and to
repeal certain provisions of the agriculture and markets law relating
thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 111-a of the agriculture and markets law, as added
2 by a chapter of the laws of 2017, amending the agriculture and markets
3 law relating to establishing microchipping standards; relating to the
4 registration of microchips; and relating to the examination of seized
5 animals and animals taken possession of, as proposed in legislative
6 bills numbers S. 4570-A and A. 1839-B, is amended to read as follows:
7 § 111-a. Microchipping standards. 1. The commissioner [shall] may
8 adopt and promulgate rules and regulations that may provide for: stand-
9 ardization of technology used in microchips implanted in companion
10 animals that are dogs or cats; and/or microchip readers so that such
11 readers used by veterinarians, animal shelters, dog control officers,
12 and animal control officers are capable of reading any chip to identify
13 the animals and/or the owner of record; and/or the need for such veteri-
14 narians, animal shelters, dog control officers, and animal control offi-
15 cers to possess or have access to a microchip reader capable of reading
16 any commercially available microchip implanted in a cat or dog. Such
17 rules and regulations [shall] may also provide for the collection, shar-
18 ing, and dissemination of chip identification information by entities
19 that possess and manage such information solely to promote timely
20 notification of owners when pets are lost[,] while maintaining privacy
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06539-12-8
A. 8951 2
1 protection of personal information and providing for disclosure to such
2 owners of the sharing of such information.
3 2. The [rules and regulations required by this section may provide
4 for] commissioner shall appoint an advisory committee which shall
5 include, but shall not be limited to, representatives of the animal
6 microchip [community] industry and animal shelters who shall examine the
7 issues described in subdivision one of this section and advise the
8 commissioner on the [technical requirements necessary in creating
9 universal standards and access to identifying information. The members
10 of any such advisory committee shall serve without compensation] need
11 for such rules and regulations.
12 § 2. Section 111-b of the agriculture and markets law, as added by a
13 chapter of the laws of 2017, amending the agriculture and markets law
14 relating to establishing microchipping standards; relating to the regis-
15 tration of microchips; and relating to the examination of seized animals
16 and animals taken possession of, as proposed in legislative bills
17 numbers S. 4570-A and A. 1839-B, is REPEALED.
18 § 3. Section 3 of a chapter of the laws of 2017, amending the agricul-
19 ture and markets law relating to establishing microchipping standards;
20 relating to the registration of microchips; and relating to the examina-
21 tion of seized animals and animals taken possession of, as proposed in
22 legislative bills numbers S. 4570-A and A. 1839-B, is amended to read as
23 follows:
24 § 3. This act shall take effect immediately, provided, however, that
25 subdivision 2 of section 111-a of the agriculture and markets law, as
26 added by section one of this act, shall expire two years after this act
27 shall have become a law when upon such date the provisions of such
28 subdivision shall be deemed repealed; and provided, further, that
29 section two of this act shall take effect on the one hundred twentieth
30 day after it shall have become a law[; provided however section two of
31 this act shall take effect upon the adoption of regulations by the
32 commissioner of agriculture pursuant to section one of this act;
33 provided, further, that the commissioner of agriculture shall notify the
34 legislative bill drafting commission upon the adoption of regulations
35 pursuant to section one of this act in order that the commission may
36 maintain an accurate and timely effective data base of the official text
37 of the laws of the state of New York in furtherance of effectuating the
38 provisions of section 44 of the legislative law and section 70-b of the
39 public officers law]. Effective immediately, the addition, amendment
40 and/or repeal of any rule or regulation necessary for the implementation
41 of this act on its effective date are authorized to be made on or before
42 such date.
43 § 4. This act shall take effect immediately, provided, however that
44 sections one and two of this act shall take effect on the same date and
45 in the same manner as a chapter of the laws of 2017, amending the agri-
46 culture and markets law relating to establishing microchipping stand-
47 ards; relating to the registration of microchips; and relating to the
48 examination of seized animals and animals taken possession of, as
49 proposed in legislative bills numbers S. 4570-A and A. 1839-B, takes
50 effect.