S T A T E O F N E W Y O R K
________________________________________________________________________
10330
I N A S S E M B L Y
March 18, 2010
___________
Introduced by M. of A. TITONE -- read once and referred to the Committee
on Agriculture
AN ACT to amend the agriculture and markets law, in relation to the
microchipping of dogs and the creation of a registry of dogs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (c) of subdivision 1 of section 109 of the agri-
culture and markets law, as amended by chapter 645 of the laws of 1988,
is amended to read as follows:
(c) The application shall state the sex, actual or approximate age,
breed, color, and official identification number of the dog, and other
identification marks, if any, and the name, address, telephone number,
county and town, city or village of residence of the owner AND SUCH
INFORMATION SHALL BE TRANSMITTED TO THE REGISTRY ON DOGS PURSUANT TO
SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.
S 2. The agriculture and markets law is amended by adding two new
sections 112-a and 112-b to read as follows:
S 112-A. MICROCHIPPING OF DOGS. 1. ANY PERSON WHO OWNS A DOG SHALL
ENSURE THAT BY THE AGE OF FOUR MONTHS SUCH DOG IS IMPLANTED WITH A
SPECIAL COMPUTER CHIP DESIGNED TO HOLD INFORMATION RELATING TO IDENTIFI-
CATION OF THE OWNER OR CUSTODIAN OF SUCH DOG, CONTACT INFORMATION AND
SUCH DOG'S DESCRIPTION AND BREED AND ANY OTHER INFORMATION REQUIRED
PURSUANT TO SECTION ONE HUNDRED NINE OF THIS ARTICLE. SUCH INFORMATION
SHALL BE TRANSMITTED INTO THE STATE REGISTRY ON DOGS AND SHALL BE
COMPATIBLE WITH A MICROCHIP SCANNER OPERATED BY THE COMMISSIONER PURSU-
ANT TO SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.
2. WHENEVER ANY DOG IS LICENSED PURSUANT TO SECTION ONE HUNDRED TWELVE
OF THIS ARTICLE, SUCH LICENSING CONTACT INFORMATION SHALL BE TRANSMITTED
TO THE REGISTRY OF DOGS AND PLACED ON THE MICROCHIP IN A METHOD ESTAB-
LISHED BY THE COMMISSIONER.
S 112-B. REGISTRY OF DOGS. 1. THE COMMISSIONER SHALL ESTABLISH A STATE
REGISTRY WHICH SHALL CONTAIN IDENTIFICATION INFORMATION RELATING TO ALL
ANIMALS LICENSED PURSUANT TO SECTIONS ONE HUNDRED NINE, ONE HUNDRED
TWELVE AND ONE HUNDRED TWELVE-A OF THIS ARTICLE.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00090-01-9
A. 10330 2
2. SUCH REGISTRY SHALL BE AVAILABLE TWENTY-FOUR HOURS A DAY AND SHALL
BE SIMILAR TO ANY NATIONAL REGISTRY IN EXISTENCE. A MICROCHIP SCANNER
SHALL BE USED TO DETECT THE IDENTIFICATION NUMBER KEPT ON THE CHIP.
3. IT SHALL BE THE RESPONSIBILITY OF THE OWNER OR CUSTODIAN OF SUCH
DOG TO CHANGE WITH THE REGISTRY ANY IDENTIFICATION INFORMATION RELATING
TO SUCH OWNER OR CUSTODIAN.
S 3. Subdivision 1 of section 119 of the agriculture and markets law,
as added by chapter 220 of the laws of 1978, paragraph (c) as amended by
chapter 404 of the laws of 1986, paragraph (g) as amended and paragraph
(h) as added by chapter 263 of the laws of 2000, is amended to read as
follows:
1. It shall be a violation, punishable as provided in subdivision two
of this section, for:
(a) any owner to fail to license any dog;
(b) any owner to fail to have any dog identified as required by this
article;
(c) any person to knowingly affix to any dog any false or improper
identification tag, special identification tag for identifying guide,
service or hearing dogs or purebred license tag;
(f) any owner or custodian of any dog to fail to confine, restrain or
present such dog for any lawful purpose pursuant to this article;
(g) any person to furnish any false or misleading information on any
form required to be filed with any municipality or the commissioner
pursuant to the provisions of this article or rules and regulations
promulgated pursuant thereto;
(h) the owner or custodian of any dog to fail to exercise due dili-
gence in handling his or her dog if the handling results in harm to
another dog that is a guide, hearing or service dog;
(I) THE OWNER OR CUSTODIAN OF ANY DOG TO FAIL TO MICROCHIP SUCH DOG.
S 4. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.