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S07317 Summary:

S07317 Actions:

S07317 Committee Votes:

S07317 Floor Votes:

S07317 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7317
 
                    IN SENATE
 
                                     January 5, 2018
                                       ___________
 
        Introduced  by  Sen. TEDISCO -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
 
        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
        S. 7317                             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.