S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3843

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced by M. of A. PAULIN, GALEF, ROBERTS, WEISENBERG -- Multi-Spon-
  sored  by  -- M. of A.  GABRYSZAK, GOTTFRIED -- read once and referred
  to the Committee on Agriculture

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:

  Section 1. Subdivision 4 of section 113 of the agriculture and markets
law, as amended by section 8 of part T of chapter  59  of  the  laws  of
2010, is amended to read as follows:
  4.  Every  dog control officer, peace officer, when acting pursuant to
[his] THE OFFICER'S special duties or police officer, OR SUCH  OFFICER'S
AGENT,  FOLLOWING ANY SEIZURE OF A DOG, OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
ETY, POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI-
PALITY AND IS TAKING POSSESSION OF SUCH DOG, WHICHEVER HAS POSSESSION OF
THE DOG DURING THE APPLICABLE PERIOD, shall [promptly make]:
  (A) NO LATER THAN TWENTY-FOUR HOURS FOLLOWING SUCH SEIZURE  OR  TAKING
POSSESSION, TAKE STEPS TO:
  (1)  CHECK  THE DOG FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICATION
INCLUDING, BUT NOT LIMITED TO, TAGS, MICROCHIPS,  TATTOOS  OR  LICENSES;
AND
  (2)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
SHELTER BY THE MUNICIPAL OR COUNTY GOVERNMENT  IN  WHICH  SUCH  OFFICER,
SOCIETY,  POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, IF PRACTICABLE, AND
A GENERAL DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN  FIND-
ING  THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN, ALTHOUGH INFORMA-
TION ABOUT THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE  TO  FACILITATE
FINDING  THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06462-02-3
              

A. 3843                             2

SUCH OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO COMPARE THE  INFORMA-
TION  KNOWN  ABOUT  THE  DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR
STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE  OF  THIS  ARTICLE  WITHIN
TWENTY-FOUR  HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS  PARAGRAPH
MAY  BE  MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
IMPRACTICABLE.
  (B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS OF A  DOG  HAVE
BEEN DETERMINED, NOTIFY THE OWNER OR OWNERS OF SUCH DOG PERSONALLY OR BY
CERTIFIED  MAIL,  RETURN  RECEIPT  REQUESTED,  OF THE FACTS OF THE DOG'S
IMPOUNDMENT  AND  THE  PROCEDURE  FOR  REDEMPTION.  IF  NOTIFICATION  IS
PERSONALLY  GIVEN,  SUCH  DOG  SHALL  BE HELD FOR A PERIOD OF SEVEN DAYS
AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE DOG MAY BE REDEEMED BY
THE OWNER OR OWNERS. IF SUCH NOTIFICATION IS  MADE  BY  MAIL,  SUCH  DOG
SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE DATE OF MAILING, DURING
WHICH  PERIOD  THE DOG MAY BE REDEEMED BY THE OWNER OR OWNERS. IN EITHER
CASE, THE OWNER OR OWNERS MAY  REDEEM  SUCH  DOG  UPON  PAYMENT  OF  THE
IMPOUNDMENT  FEES  PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED
SEVENTEEN OF THIS ARTICLE AND BY PRODUCING PROOF THAT SUCH DOG HAS  BEEN
LICENSED.
  (C)  MAKE and maintain a complete record of any seizure and subsequent
disposition of any dog.  Such record shall include, but not  be  limited
to,  [a  description  of] ANY IDENTIFICATION FOUND ON the dog, INCLUDING
TAG, MICROCHIP, TATTOO OR LICENSE  NUMBERS,  THE  BREED  OR  BREEDS,  IF
KNOWN,  APPROXIMATE  SIZE  AND WEIGHT, COLORING AND IDENTIFYING MARKS ON
THE DOG, the date and  hour  of  seizure,  the  official  identification
number  of  such  dog, if any, the location where seized, the reason for
seizure, and the owner's name and address, if known.
  S 2. Subdivision 4 of section 117 of the agriculture and markets  law,
as amended by section 12 of part T of chapter 59 of the laws of 2010, is
amended to read as follows:
  4. Each dog which is not identified, whether or not licensed, shall be
held  AT  LEAST for a period of five days from the day [seized] WHEN THE
STEPS REQUIRED BY SUBDIVISION FOUR OF SECTION ONE  HUNDRED  THIRTEEN  OF
THIS ARTICLE, HAVE BEEN TAKEN, during which period the OFFICER, SOCIETY,
POUND  OR  SHELTER SHALL COMPLY WITH THE PROVISIONS OF SUBDIVISION THREE
OF THIS SECTION, AND IN THE EVENT THE OWNER OR  OWNERS  ARE  IDENTIFIED,
THE HOLDING PERIOD SHALL BE EXTENDED PURSUANT TO PARAGRAPH (B) OF SUBDI-
VISION FOUR OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE. THE dog may
be  redeemed  by its owner, provided that such owner produces proof that
the dog has been licensed  and  has  been  identified  pursuant  to  the
provisions  of this article and further provided that the owner pays the
following impoundment fees:
  (a) not less than ten dollars for the first  impoundment  of  any  dog
owned by that person;
  (b)  not  less  than twenty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours  or
part  thereof  for  the second impoundment, within one year of the first
impoundment, of any dog owned by that person; or
  (c) not less than thirty dollars for the first  twenty-four  hours  or
part  thereof and three dollars for each additional twenty-four hours or
part thereof for the third and subsequent impoundments, within one  year
of the first impoundment, of any dog owned by that person.
  The  impoundment fees set forth in paragraphs (a), (b) and (c) of this
subdivision notwithstanding, any municipality may set by  local  law  or
ordinance such fees in any amount.

A. 3843                             3

  S  3.  Section  373  of  the agriculture and markets law is amended by
adding a new subdivision 1-b to read as follows:
  1-B.  ANY OFFICER, AGENT OR SOCIETY AS DESCRIBED IN SUBDIVISION ONE OF
THIS SECTION OR POUND OR SHELTER OPERATED BY  OR  UNDER  CONTRACT  TO  A
MUNICIPALITY  THAT  IS  TAKING  POSSESSION  OF A LOST, STRAY OR HOMELESS
ANIMAL UNDER THE PROVISIONS OF THIS SECTION, WHICHEVER HAS POSSESSION OF
THE ANIMAL DURING THE APPLICABLE PERIOD, SHALL:
  (A) NO LATER THAN TWENTY-FOUR HOURS  AFTER  TAKING  POSSESSION  OF  AN
ANIMAL TAKE STEPS TO:
  (1)  CHECK  THE ANIMAL FOR ALL CURRENTLY POSSIBLE FORMS OF IDENTIFICA-
TION INCLUDING,  BUT  NOT  LIMITED  TO,  TAGS,  MICROCHIPS,  TATTOOS  OR
LICENSES; AND
  (2)  MAKE  AVAILABLE  TO THE PUBLIC ON THE INTERNET ON A WEBSITE MAIN-
TAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR
SHELTER BY THE MUNICIPALITY OR COUNTY IN WHICH  SUCH  OFFICER,  SOCIETY,
POUND OR SHELTER, IS LOCATED, OR BY AN ANIMAL RESCUE ORGANIZATION PURSU-
ANT  TO  SUBDIVISION THREE OF SECTION THREE HUNDRED SEVENTY-FOUR OF THIS
ARTICLE, A PHOTOGRAPH, IF PRACTICABLE, AND A GENERAL DESCRIPTION OF  THE
ANIMAL  TO  ASSIST  THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING
THE SPECIES, TYPE, AND BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
ABOUT  THE  ANIMAL  MAY  BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE
FINDING THE OWNER OR OWNERS OR OTHERWISE TO PROTECT THE  SAFETY  OF  THE
ANIMAL.  THE  OFFICER,  SOCIETY, POUND OR SHELTER SHALL ALSO COMPARE THE
INFORMATION KNOWN ABOUT THE ANIMAL WITH RECORDS OF ANIMALS  REPORTED  TO
BE  LOST  OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS CHAP-
TER, WITHIN  TWENTY-FOUR  HOURS  AFTER  SUCH  RECORDS  BECOME  AVAILABLE
FOLLOWING  SEIZURE  OR  TAKING  POSSESSION  OF  SUCH  ANIMAL. THE NOTICE
REQUIRED BY THIS SUBPARAGRAPH MAY BE MADE BY MEANS OTHER THAN THE INTER-
NET IF USE OF THE INTERNET IS IMPRACTICABLE.
  (B) WITHIN TWENTY-FOUR HOURS AFTER THE OWNER OR OWNERS  OF  AN  ANIMAL
HAVE  BEEN  DETERMINED,  NOTIFY  THE  OWNER  OR  OWNERS  OF  SUCH ANIMAL
PERSONALLY OR BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, OF THE  FACTS
OF THE ANIMAL'S IMPOUNDMENT AND THE PROCEDURE FOR REDEMPTION. IF NOTIFI-
CATION  IS  PERSONALLY  GIVEN, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF
SEVEN DAYS AFTER THE DATE OF NOTICE, DURING WHICH PERIOD THE ANIMAL  MAY
BE  REDEEMED  BY  THE  OWNER  OR OWNERS. IF SUCH NOTIFICATION IS MADE BY
MAIL, SUCH ANIMAL SHALL BE HELD FOR A PERIOD OF NINE DAYS FROM THE  DATE
OF  MAILING, DURING WHICH PERIOD THE ANIMAL MAY BE REDEEMED BY THE OWNER
OR OWNERS. IN EITHER CASE, THE OWNER OR OWNERS MAY  REDEEM  SUCH  ANIMAL
UPON  PAYMENT  OF THE IMPOUNDMENT FEES PRESCRIBED BY SUBDIVISION FOUR OF
SECTION ONE HUNDRED SEVENTEEN OF THIS CHAPTER.
  (C) MAKE AND MAINTAIN A COMPLETE RECORD OF ANY SEIZURE AND  SUBSEQUENT
DISPOSITION OF SUCH ANIMAL. SUCH RECORD SHALL INCLUDE, BUT NOT BE LIMIT-
ED TO, ANY IDENTIFICATION FOUND ON THE ANIMAL, INCLUDING TAG, MICROCHIP,
TATTOO  OR  LICENSE  NUMBERS, THE BREED OR BREEDS, IF KNOWN, APPROXIMATE
SIZE AND WEIGHT, COLORING AND IDENTIFYING MARKS ON THE ANIMAL, THE  DATE
AND  HOUR OF SEIZURE, THE OFFICIAL IDENTIFICATION NUMBER OF SUCH ANIMAL,
IF ANY, THE LOCATION WHERE SEIZED,  THE  REASON  FOR  SEIZURE,  AND  THE
OWNER'S NAME AND ADDRESS, IF KNOWN.
  (D)  EXCEPT AS OTHERWISE PROVIDED BY LAW, WHERE THE OWNER OR OWNERS OF
AN ANIMAL HAVE NOT BEEN IDENTIFIED, HOLD SUCH  ANIMAL,  WHETHER  OR  NOT
LICENSED,  AND  IN ACCORDANCE WITH AND SUBJECT TO SUBDIVISIONS EIGHT AND
NINE OF SECTION ONE HUNDRED SEVENTEEN AND  SUBDIVISION  TWO  OF  SECTION
THREE  HUNDRED  SEVENTY-FOUR  OF THIS ARTICLE, AT LEAST FOR A REDEMPTION
PERIOD OF FIVE DAYS BEGINNING WHEN THE STEPS REQUIRED BY  THIS  SUBDIVI-
SION HAVE BEEN TAKEN, DURING WHICH PERIOD THE OFFICER, SOCIETY, POUND OR

A. 3843                             4

SHELTER,  WHICHEVER  HAS  POSSESSION OF THE ANIMAL DURING THE APPLICABLE
PERIOD, SHALL COMPLY WITH PARAGRAPH (A) OF THIS  SUBDIVISION.    IN  THE
EVENT  THE  OWNER  OR OWNERS ARE IDENTIFIED, THE HOLDING PERIOD SHALL BE
EXTENDED  PURSUANT  TO PARAGRAPH (B) OF THIS SUBDIVISION. THE ANIMAL MAY
BE REDEEMED BY ITS OWNER OR OWNERS, UPON PAYMENT OF THE IMPOUNDMENT FEES
PRESCRIBED BY SUBDIVISION FOUR OF SECTION ONE HUNDRED SEVENTEEN OF  THIS
CHAPTER.  NOTWITHSTANDING  THE  FOREGOING,  ANIMALS MAY BE PLACED SOONER
THAN FIVE DAYS WITH AN ANIMAL RESCUE ORGANIZATION, SUBJECT TO REDEMPTION
BY THE OWNER OR OWNERS AS DESCRIBED IN THIS PARAGRAPH.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3843--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, GALEF, ROBERTS, WEISENBERG, DIPIETRO,
  OTIS -- Multi-Sponsored by -- M. of A. GABRYSZAK,  GOTTFRIED  --  read
  once  and  referred  to  the  Committee  on  Agriculture  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported and referred to the Committee  on  Codes
  --  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:

  Section 1. Subdivision 4 of section 113 of the agriculture and markets
law, as amended by section 8 of part T of chapter  59  of  the  laws  of
2010, is amended to read as follows:
  4.  Every  dog control officer, peace officer, when acting pursuant to
his special duties or police officer shall promptly make and maintain  a
complete  record  of  any seizure and subsequent disposition of any dog.
Such record shall include, but not be limited to, a description  of  the
dog, the date and hour of seizure, the official identification number of
such  dog,  if  any,  OR  ANY  OTHER IDENTIFYING INFORMATION FROM A TAG,
TATTOO OR MICROCHIP IF SUCH CAN BE REASONABLY ASCERTAINED, the  location
where  seized, the reason for seizure, and the owner's name and address,
if known.
  S 2. Section 117 of the agriculture and  markets  law  is  amended  by
adding a new subdivision 3-a to read as follows:
  3-A.  NO  LATER  THAN TWENTY-FOUR HOURS AFTER A DOG HAS BEEN SEIZED BY
ANY DOG CONTROL OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS  OR  HER
SPECIAL  DUTIES, OR POLICE OFFICER IN THE EMPLOY OF OR UNDER CONTRACT TO
A MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY FOR THE  PREVENTION  OF
CRUELTY  TO  ANIMALS, DULY INCORPORATED HUMANE SOCIETY, POUND OR SHELTER

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06462-11-3
              

A. 3843--B                          2

THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY,  SUCH  OFFICER,
SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
  (A)  CHECK THE DOG FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT NOT
LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND
  (B) IF PRACTICABLE, MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON  A
WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCI-
ETY,  POUND  OR  SHELTER  BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
SUCH OFFICER, SOCIETY, POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, AND  A
GENERAL  DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FINDING
THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
ABOUT  THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FIND-
ING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG. SUCH
OFFICER, POUND, SHELTER OR SOCIETY SHALL ALSO  COMPARE  THE  INFORMATION
KNOWN  ABOUT  THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN
PURSUANT  TO  SECTION  ONE  HUNDRED  TWELVE  OF  THIS   ARTICLE   WITHIN
TWENTY-FOUR  HOURS AFTER SUCH RECORDS BECOME AVAILABLE FOLLOWING SEIZURE
OR TAKING POSSESSION OF SUCH DOG. THE NOTICE REQUIRED BY THIS  PARAGRAPH
MAY  BE  MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
IMPRACTICABLE. NOTHING IN  THIS  SUBDIVISION  SHALL  BE  INTERPRETED  AS
REQUIRING  A  WEBSITE  TO BE MAINTAINED OR EQUIPMENT OR TECHNOLOGY TO BE
PURCHASED IN ORDER TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 3. Subdivision 6 of section 117 of the agriculture and markets  law,
as  added  by chapter 220 of the laws of 1978 and such section as renum-
bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:
  6. Promptly upon seizure of any identified dog, OR A DOG IDENTIFIED BY
ANOTHER  FORM  OF  IDENTIFICATION, INCLUDING A TAG, TATTOO OR MICROCHIP,
the owner of record of such dog shall be notified  personally  [or],  by
[certified]  TELEPHONE  OR  BY  mail, [return receipt requested,] of the
facts of seizure and the procedure for redemption.  If  notification  is
[personally]  given  PERSONALLY  OR BY TELEPHONE, such dog shall be held
for a period of seven days after day of notice, during which period  the
dog  may be redeemed by the owner. If such notification is made by mail,
such dog shall be held for a period of nine days from the date of  mail-
ing, during which period the dog may be redeemed by the owner. In either
case, the owner may redeem such dog upon payment of the impoundment fees
prescribed  by  subdivision  four of this section and by producing proof
that the dog has been licensed. NOTHING IN  THIS  SUBDIVISION  SHALL  BE
INTERPRETED  AS  REQUIRING  THE  PURCHASE  OF EQUIPMENT OR TECHNOLOGY TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 4. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3843--C

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2013
                               ___________

Introduced  by  M.  of  A. PAULIN, GALEF, ROBERTS, WEISENBERG, DiPIETRO,
  OTIS, ROSENTHAL -- Multi-Sponsored by -- M. of A.  GOTTFRIED  --  read
  once  and  referred  to  the  Committee  on  Agriculture  -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee -- reported and referred to the Committee  on  Codes
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee -- recommitted to the  Committee  on
  Agriculture in accordance with Assembly Rule 3, sec. 2 -- reported and
  referred  to  the  Committee  on  Codes  -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

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:

  Section 1. Subdivision 4 of section 113 of the agriculture and markets
law,  as  amended  by  section  8 of part T of chapter 59 of the laws of
2010, is amended to read as follows:
  4. Every dog control officer, peace officer, when acting  pursuant  to
his  special duties or police officer shall promptly make and maintain a
complete record of any seizure and subsequent disposition  of  any  dog.
Such  record  shall include, but not be limited to, a description of the
dog, the date and hour of seizure, the official identification number of
such dog, if any, OR ANY  OTHER  IDENTIFYING  INFORMATION  FROM  A  TAG,
TATTOO  OR MICROCHIP IF SUCH CAN BE REASONABLY ASCERTAINED, the location
where seized, the reason for seizure, and the owner's name and  address,
if known.
  S  2.  Section  117  of  the agriculture and markets law is amended by
adding a new subdivision 3-a to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06462-24-4

              

A. 3843--C                          2

  3-A. NO LATER THAN TWENTY-FOUR HOURS  OR AS SOON AS PRACTICABLE  AFTER
A DOG HAS BEEN SEIZED BY ANY DOG CONTROL OFFICER OR PEACE OFFICER ACTING
PURSUANT  TO  HIS OR HER SPECIAL DUTIES, OR POLICE OFFICER IN THE EMPLOY
OF OR UNDER CONTRACT TO A MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY
FOR THE PREVENTION OF CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCI-
ETY, POUND OR SHELTER THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICI-
PALITY, SUCH OFFICER, SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
  (A)  CHECK THE DOG FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT NOT
LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND
  (B) IF PRACTICABLE, MAKE AVAILABLE TO THE PUBLIC ON THE INTERNET ON  A
WEBSITE MAINTAINED BY OR OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCI-
ETY,  POUND  OR  SHELTER  BY THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH
SUCH OFFICER, SOCIETY, POUND OR SHELTER IS LOCATED, A PHOTOGRAPH, AND  A
GENERAL  DESCRIPTION OF THE DOG TO ASSIST THE OWNER OR OWNERS IN FINDING
THE DOG, INCLUDING THE BREED OR BREEDS, IF KNOWN,  ALTHOUGH  INFORMATION
ABOUT  THE DOG MAY BE WITHHELD IF DEEMED APPROPRIATE TO FACILITATE FIND-
ING THE OWNER OR OWNERS OR OTHERWISE PROTECT THE SAFETY OF THE DOG.  THE
NOTICE REQUIRED BY THIS PARAGRAPH MAY BE MADE BY MEANS  OTHER  THAN  THE
INTERNET IF USE OF THE INTERNET IS IMPRACTICABLE. NOTHING IN THIS SUBDI-
VISION  SHALL  BE INTERPRETED AS REQUIRING A WEBSITE TO BE MAINTAINED OR
EQUIPMENT OR TECHNOLOGY TO BE PURCHASED IN  ORDER  TO  COMPLY  WITH  THE
PROVISIONS OF THIS SUBDIVISION.
  (C)  SUCH  OFFICER,  POUND,  SHELTER OR SOCIETY SHALL ALSO COMPARE THE
INFORMATION KNOWN ABOUT THE DOG WITH RECORDS OF DOGS REPORTED TO BE LOST
OR STOLEN PURSUANT TO SECTION ONE HUNDRED TWELVE OF THIS ARTICLE  WITHIN
TWENTY-FOUR  HOURS  OR  AS SOON AS PRACTICABLE AFTER SUCH RECORDS BECOME
AVAILABLE FOLLOWING SEIZURE OR TAKING POSSESSION OF SUCH DOG.
  S 3. Subdivision 4 of section 117 of the agriculture and markets  law,
as  amended  and  such  section as renumbered by section 12 of part T of
chapter 59 of the laws of 2010, is amended to read as follows:
  4. Each dog which is not identified BY AN OFFICIAL IDENTIFICATION TAG,
AS DEFINED IN SUBDIVISION ELEVEN OF SECTION ONE HUNDRED  EIGHT  OF  THIS
CHAPTER,  whether  or  not  licensed, shall be held for a period of five
days from the day seized during which period the dog may be redeemed  by
its owner, provided that such owner produces proof that the dog has been
licensed  and  has  been  identified  pursuant to the provisions of this
article and further provided that the owner pays the following  impound-
ment fees:
  (a)  not  less  than  ten dollars for the first impoundment of any dog
owned by that person;
  (b) not less than twenty dollars for the first  twenty-four  hours  or
part  thereof and three dollars for each additional twenty-four hours or
part thereof for the second impoundment, within one year  of  the  first
impoundment, of any dog owned by that person; or
  (c)  not  less  than thirty dollars for the first twenty-four hours or
part thereof and three dollars for each additional twenty-four hours  or
part  thereof for the third and subsequent impoundments, within one year
of the first impoundment, of any dog owned by that person.
  The impoundment fees set forth in paragraphs (a), (b) and (c) of  this
subdivision  notwithstanding,  any  municipality may set by local law or
ordinance such fees in any amount.
  S 4. Subdivision 6 of section 117 of the agriculture and markets  law,
as  added  by chapter 220 of the laws of 1978 and such section as renum-
bered by section 12 of part T of chapter 59 of  the  laws  of  2010,  is
amended to read as follows:

A. 3843--C                          3

  6.  (A)  Promptly  upon  seizure  of any identified dog, AS DEFINED IN
SUBDIVISIONS ELEVEN AND TWELVE OF SECTION  ONE  HUNDRED  EIGHT  OF  THIS
CHAPTER,  the  owner of record of such dog shall be notified personally;
or by certified mail, return receipt requested, of the facts of  seizure
and the procedure for redemption.
  (B)  PROMPTLY  UPON  THE  SEIZURE OF A DOG POTENTIALLY IDENTIFIABLE BY
ANOTHER FORM OF IDENTIFICATION, INCLUDING A TAG, TATTOO OR MICROCHIP, OR
RECORDS OF DOGS REPORTED TO BE LOST OR STOLEN PURSUANT  TO  SECTION  ONE
HUNDRED  TWELVE  OF  THIS  ARTICLE,  REASONABLE EFFORTS SHALL BE MADE TO
IDENTIFY THE OWNER OF THE DOG. ONCE THE OWNER IS IDENTIFIED,  THE  OWNER
SHALL  BE  NOTIFIED  PERSONALLY  OR  BY  CERTIFIED  MAIL, RETURN RECEIPT
REQUESTED. IF UNABLE TO IDENTIFY SUCH OWNER AFTER HAVING MADE REASONABLE
EFFORTS TO DO SO, SUCH DOG SHALL BE HELD IN ACCORDANCE WITH  SUBDIVISION
FOUR OF THIS SECTION.
  (C)  If notification is personally given, such dog IDENTIFIED PURSUANT
TO PARAGRAPHS (A) AND (B) OF THIS SUBDIVISION shall be held for a period
of seven days after day of notice, during which period the  dog  may  be
redeemed  by  the owner. If such notification is made by CERTIFIED mail,
such dog IDENTIFIED PURSUANT TO PARAGRAPHS (A) AND (B) OF THIS  SUBDIVI-
SION  shall  be held for a period of nine days from the date of mailing,
during which period the dog may be redeemed  by  the  owner.  In  either
case, the owner may redeem such dog upon payment of the impoundment fees
prescribed  by  subdivision  four of this section and by producing proof
that the dog has been licensed. NOTHING IN  THIS  SUBDIVISION  SHALL  BE
INTERPRETED  AS  REQUIRING  THE  PURCHASE  OF EQUIPMENT OR TECHNOLOGY TO
COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION.
  S 5. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.