NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8905
SPONSOR: Weprin TITLE OF BILL:
An act to amend the highway law, in relation to notifying the owner of
an animal killed on a highway
PURPOSE::
This bill would allow for the owners of a deceased animal to be notified
if the death occurred on a stretch of highway.
SUMMARY OF SPECIFIC PROVISIONS::
Section (1.) The highway law is amended by adding a new section 332 to
read as follows, 5.322, to establish the notifying of an owner of an
animal killed on a highway. Subsection (a) reading that if the animal in
question has a tag with the family's contact information and/or a
license number, the department shall (i.) make a reasonable attempt to
notify the family using the contact information and (ii.) notify the
issuer of the license, if any, so that the issuer will attempt to notify
the family.
Subsection (b) reading that the department shall scan the animal's
remains for an identification chip and, should a chip be found, notify
the chip registry through website or phone, in accordance with the
information on the I.D. Chip.
Subsection (c) reading that in the case the animal is missing a tag or
I.D. Chip, the department shall use a publicly available website to post
a description of the animal and the circumstances related to death; and
to post a photograph of the animal if the department believes it can be
done with due respect for personal and community sensibilities.
Subsection (d) reading that if the department has a suitable temporary
storage facility it shall store the animal's remains for at least seven
days (i.)after pick up or (ii.) make actual contact directly with the
animal's owners, whichever is longer. Subsection (e) reading that the
department can delegate the above functions to another entity such as a
shelter or veterinarian.
JUSTIFICATION::
In most cases if a pet is killed in an accident on the highway the
remains are not taken to a shelter and scanned for identification marks
such as an identification tag/chip but rather the remains are disposed
of by highway maintenance. Furthermore the highway maintenance crews
have no legal responsibility, nor do they possess the resources, to scan
the remains for identification marks and report the death to the
owner(s). This bill would allow for the owner's to receive piece of mind
by creating several standards for the notification in cases of death on
a highway.
PRIOR LEGISLATIVE HISTORY::
02/10/17 referred to transportation
01/03/18 referred to transportation
FISCAL IMPLICATIONS::
To be determined.
EFFECTIVE DATE:: This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
8905
IN ASSEMBLY
January 19, 2022
___________
Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. ENGLE-
BRIGHT -- read once and referred to the Committee on Transportation
AN ACT to amend the highway law, in relation to notifying the owner of
an animal killed on a highway
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The highway law is amended by adding a new section 332 to
2 read as follows:
3 § 332. Notifying the owner of an animal killed on a highway. (a) Tags.
4 If the animal has a tag with the family's contact information and/or a
5 license number, the department shall: (i) make a reasonable attempt to
6 notify the family using the contact information and (ii) notify the
7 issuer of the license, if any, so that the issuer will attempt to notify
8 the family.
9 (b) Chips. The department shall scan the animal's remains for an iden-
10 tification chip and, should a chip be found, notify the chip registry
11 through the registry website or by telephone, in accordance with the
12 information on the identification chip.
13 (c) Web posting. Absent a tag or identification chip, the department
14 shall use a publicly available website to post a description of the
15 animal and the circumstances of its death; and to post a photograph if
16 the department believes this can be done with due respect for personal
17 and community sensibilities.
18 (d) Storage. If the department has a suitable temporary storage facil-
19 ity it shall store the animal's remains for at least seven days after
20 the department: (i) collects the remains or (ii) makes actual contact
21 directly with the animal's owners, whichever is longer.
22 (e) Alternatives. The department can delegate the above functions to
23 another entity such as a shelter or veterinarian.
24 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14208-01-2
