S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1771--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  GALEF,  OTIS,  ROSENTHAL, DiPIETRO,
   SEPULVEDA -- 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  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.
   §  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  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06542-04-7

 A. 1771--A                          2
 
   (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 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.
   § 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. (A) Each dog which is not identified BY AN OFFICIAL  IDENTIFICATION
 TAG,  AS  DEFINED  IN SUBDIVISION ELEVEN OF SECTION ONE HUNDRED EIGHT OF
 THIS ARTICLE, whether or not licensed, shall be held  for  a  period  of
 five  days  from  the  day seized, PROVIDED HOWEVER IF SUCH DOG OWNER IS
 POSITIVELY IDENTIFIED AND NOTIFIED BY ANY MEANS REASONABLY CALCULATED TO
 PROVIDE ACTUAL NOTICE TO THE OWNER OR OWNERS THAT THEIR DOG  WAS  SEIZED
 PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVISION SUCH DOG SHALL BE HELD FOR
 A  PERIOD  OF  FIVE DAYS FROM SUCH NOTIFICATION, 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 impoundment fees:
   [(a)] (I) not less than ten dollars for the first impoundment  of  any
 dog owned by that person;
   [(b)]  (II)  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)]  (III)  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)]
 SUBPARAGRAPHS  I,  II,  AND III of this [subdivision] PARAGRAPH notwith-
 standing, any municipality may set by local law or ordinance  such  fees
 in any amount.
   (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 AND PROVIDE ACTUAL NOTICE TO THE OWNER OF THE DOG BY ANY  MEANS
 REASONABLY  CALCULATED  TO PROVIDE ACTUAL NOTICE TO THE OWNER OR OWNERS.
 IF UNABLE TO POSITIVELY IDENTIFY AND PROVIDE ACTUAL NOTICE TO SUCH OWNER

 A. 1771--A                          3
 
 OR OWNERS AFTER HAVING MADE REASONABLE EFFORTS TO DO SO, SUCH DOG  SHALL
 BE  HELD  IN  ACCORDANCE WITH PARAGRAPH (A) OF THIS SUBDIVISION. IF SUCH
 OWNER IS POSITIVELY IDENTIFIED AND NOTIFIED OF THE SEIZURE OF THEIR DOG,
 SUCH  DOG MAY BE HELD IN ACCORDANCE WITH SUBDIVISION SIX OF THIS SECTION
 AND SUCH OWNER SHALL BE NOTIFIED HOW MANY DAYS THEIR DOG WILL BE HELD.
   § 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:
   6.  (A)  Promptly  upon  seizure  of any identified dog, AS DEFINED IN
 SUBDIVISIONS ELEVEN AND TWELVE OF SECTION  ONE  HUNDRED  EIGHT  OF  THIS
 ARTICLE,  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)  If notification is personally given, such dog IDENTIFIED PURSUANT
 TO PARAGRAPH (A) 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 PARAGRAPH (A) OF THIS SUBDIVISION 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.
   §  5.  Section  118  of  the agriculture and markets law is amended by
 adding a new subdivision 6 to read as follows:
   6. EVERY DOG POUND OR SHELTER, AS DESCRIBED  IN  SECTION  ONE  HUNDRED
 FOURTEEN  OF  THIS  ARTICLE  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.
   §  6.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.