NY State Senate Bill 2017-S2064A

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture
May 08, 2017	print number 2064b
May 08, 2017	amend and recommit to agriculture
Jan 20, 2017	print number 2064a
Jan 20, 2017	amend and recommit to agriculture
Jan 11, 2017	referred to agriculture

Bill Amendments

Original

B (Active)

2017-S2064 - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§113, 117 & 118, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1812
2019-2020: S3305

2017-S2064 - Summary

Relates to owners of lost pets and return of lost pets to their owners; requires the entity with possession to take steps to check the dogs for any identification including tags, tattoos and microchips; makes information available to the public on their website to assist owners in finding their pets.

2017-S2064 - Sponsor Memo

                                 BILL NUMBER:  S2064

 TITLE OF BILL :  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

 PURPOSE :

To improve the process of reuniting lost animals with their owners
when brought to impounding organizations.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 4 of section 113 of the agriculture and
markets law to provide that the record of a seized dog shall include
identifying information from a tag, tattoo or microchip if such can be
reasonably ascertained.

Section 2. Adds a new subdivision 3-a to section 117 of the
agriculture and markets law to provide that within twenty-four hours
or as soon as practicable following such seizure or taking possession
of a lost or stolen dog, certain persons or entities shall check the
dog for all currently possible forms of identification, make available
to the public on a website a photograph, if practicable and a general
description of the dog to assist the owner(s) in finding the dog.
Information about the dog may be withheld if deemed appropriate to

facilitate finding the owner(s) or otherwise protect the safety of the
dog. The notice 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. The information known about the seized dog shall be
compared with records of dogs reported to be lost or stolen within
twenty-four hours after such records become available following
seizure of taking possession of such dog.

Section 3. Amends subdivision 4 of section to specify that the
subdivision applies to dogs that are not identified under the
definition of identified dog provide in subdivision 11 of section one
hundred eight.

Section 4. Amends subdivision 6 of section 117 to provide that
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 such dog shall be notified personally or by mail of the
facts of the dog's impoundment and the procedure for redemption.  If
notification is given personally, such dog shall be held for a period
of seven days after the notice date. If notification is given by mail,
such dog shall be held for a period of nine days from the date of
mailing. In either case, the owner may redeem such dog during the
holding period and upon payment of the impoundment fees and by
producing proof that such 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.

Section 5. Effective date.

 JUSTIFICATION :

While animal shelters are already required to look for lost owners,
this bill expands the methods by which shelters and dog control
officers must identify a lost pet. Additional methods that will be
required to be checked include tags, microchips, tattoos or licenses,
comparing the information known about the dog with records of dogs

reported to be lost or stolen and making the information available to
the public. This will help reunite more lost pets with their owners.

 LEGISLATIVE HISTORY :

2015-16 S.1812/A.141;

2013-2014 A.3843

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall effect on the sixtieth day after it shall have become a
law.

2017-S2064 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2064
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed 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 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:
   (A)  CHECK THE DOG FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT NOT
 LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06542-02-7

 S. 2064                             2
 
   (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.
   § 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
 ARTICLE,  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.
   § 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)  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

 S. 2064                             3
 
 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.
   § 5. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

2017-S2064A - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§113, 117 & 118, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1812
2019-2020: S3305

2017-S2064A - Summary

2017-S2064A - Sponsor Memo

                                 BILL NUMBER:  S2064A

 TITLE OF BILL :  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

 PURPOSE :

To improve the process of reuniting lost animals with their owners
when brought to impounding organizations.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 4 of section 113 of the agriculture and
markets law to provide that the record of a seized dog shall include
identifying information from a tag, tattoo or microchip if such can be
reasonably ascertained.

Section 2. Adds a new subdivision 3-a to section 117 of the
agriculture and markets law to provide that within twenty-four hours
or as soon as practicable following such seizure or taking possession
of a lost or stolen dog, certain persons or entities shall check the
dog for all currently possible forms of identification, make available
to the public on a website a photograph, if practicable and a general
description of the dog to assist the owners) in finding the dog.
Information about the dog may be withheld if deemed appropriate to

facilitate finding the owner(s) or otherwise protect the safety of the
dog. The notice 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. The information known about the seized dog shall be
compared with records of dogs reported to be lost or stolen within
twenty-four hours after such records become available following
seizure of taking possession of such dog.

Section 3. Amends subdivision 4 of section 117 to provide that the
subdivision applies to dogs that are not identified under the
definition of identified dog provided in subdivision 11 of section one
hundred eight. This section also provides that promptly upon seizure
of any dog potentially identifiable by a form of identification other
than an identification tag as provided in section one hundred eight of
the agriculture and markets law including a tag, tattoo or microchip
or records pertaining to lost or stolen dogs, reasonable efforts shall
be made to identify and contact the owner of the dog. If unable to
positively identify such owner after having made reasonable efforts to
do so, such dog shall be held for a period of five days. If such owner
is positively identified, such dog may be held for a period of seven
or nine days, depending on the method used to notify the owner.

Section 4. Amends subdivision 6 of section 117 to provide that
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 such dog shall be notified personally or by mail of the
facts of the dog's impoundment and the procedure for redemption. If
notification is given personally, such dog shall be held for a period
of seven days after the notice date. If notification is given by mail,
such dog shall be held for a period of nine days from the date of
mailing. In either case, the owner may redeem such dog during the
holding period and upon payment of the impoundment fees and by
producing proof that such 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.

Section 5. Effective date.
 JUSTIFICATION :

While animal shelters are already required to look for lost owners,
this bill expands the methods by which shelters and dog control
officers must identify a lost pet. Additional methods that will be
required to be checked include tags, microchips, tattoos or licenses,
comparing the information known about the dog with records of dogs
reported to be lost or stolen and making the information available to
the public. This will help reunite more lost pets with their owners.

 LEGISLATIVE HISTORY :

2015-16 S.1812/A.141;
2013-2014 A.3843

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall effect on the sixtieth day after it shall have become a
law.

2017-S2064A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2064--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  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.
   §  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.
                                                            LBD06542-03-7

 S. 2064--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  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 CONTACT THE OWNER OF THE DOG. IF UNABLE TO POSITIVELY IDEN-
 TIFY SUCH OWNER 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, SUCH DOG MAY BE HELD IN  ACCORDANCE
 WITH SUBDIVISION SIX OF THIS SECTION.
   §  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-

 S. 2064--A                          3
 
 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.

co-Sponsors

2017-S2064B (ACTIVE) - Details

Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §§113, 117 & 118, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1812
2019-2020: S3305

2017-S2064B (ACTIVE) - Summary

2017-S2064B (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2064B

 TITLE OF BILL :  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

 PURPOSE :

To improve the process of reuniting lost animals with their owners
when brought to impounding organizations.

 SUMMARY OF PROVISIONS :

Section 1. Amends subdivision 4 of section 113 of the agriculture and
markets law to provide that the record of a seized dog shall include
identifying information from a tag, tattoo or microchip if such can be
reasonably ascertained.

Section 2. Adds a new subdivision 3-a to section 117 of the
agriculture and markets law to provide that within twenty-four hours
or as soon as practicable following such seizure or taking possession
of a lost or stolen dog, certain persons or entities shall check the
dog for all currently possible forms of identification, make available
to the public on a website a photograph, if practicable and a general
description of the dog to assist the owner(s) in finding the dog.
Information about the dog may be withheld if deemed appropriate to

facilitate finding the owner(s) or otherwise protect the safety of the
dog. The notice 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. The information known about the seized dog shall be
compared with records of dogs reported to be lost or stolen within
twenty-four hours after such records become available following
seizure of taking possession of such dog.

Section 3. Amends subdivision 4 of section 117 to provide that the
subdivision applies to dogs that are not identified under the
definition of identified dog provided in subdivision 11 of section one
hundred eight. This section also provides that promptly upon seizure
of any dog potentially identifiable by a form of identification other
than an identification tag as provided in section one hundred eight of
the agriculture and markets law including a tag, tattoo or microchip
or records pertaining to lost or stolen dogs, reasonable efforts shall
be made to identify and contact the owner of the dog. If unable to
positively identify such owner after having made reasonable efforts to
do so, such dog shall be held for a period of five days. If such owner
is positively identified, such dog may be held for a period of seven
or nine days, depending on the method used to notify the owner.

Section 4. Amends subdivision 6 of section 117 to provide that
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 such dog shall be notified personally or by mail of the
facts of the dog's impoundment and the procedure for redemption. If
notification is given personally, such dog shall be held for a period
of seven days after the notice date. If notification is given by mail,
such dog shall be held for a period of nine days from the date of
mailing. In either case, the owner may redeem such dog during the
holding period and upon payment of the impoundment fees and by
producing proof that such 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.


Section 5. Amends section 118 of the agriculture and markets law to
require every dog pound and shelter to promptly make and maintain a
complete records= of any seizure and subsequent disposition of such
dog.

Section 6. Provides the effective date.

 JUSTIFICATION :

While animal shelters are already required to look for lost owners,
this bill expands the methods by which shelters and dog control
officers must identify a lost pet. Additional methods that will be
required to be checked include tags, microchips, tattoos or licenses,
comparing the information known about the dog with records of dogs
reported to be lost or stolen and making the information available to
the public.

Under this legislation, shelters would be required to make reasonable
efforts to identify and provide actual notice to owners when their
pets are seized. The bill also provides that those dogs that do not
have an official identification tag issued by a licensing municipality
must be held for a period of five days from the date of seizure.
However, if such owner is positively identified and notified by a
means reasonable to provide actual notice, the dog shall be held for a
period of five days from the date of notification. The clock on the
five day hold time will start to run once notice goes out to an owner,
for example, once the shelter sends out a notification email.

Ultimately, requiring these efforts will provide greater protections
to lost pets by lessening the risk of dogs being made available for
adoption or even euthanasia if they fail to be reunited with their
owners. This will in turn help reunite more lost pets with their
owners.

 LEGISLATIVE HISTORY :

2015-16 S.1812/A.141;
2013-2014 A.3843

 FISCAL IMPLICATIONS :

None to the State.

 EFFECTIVE DATE :
This act shall effect on the sixtieth day after it shall have become a
law.

2017-S2064B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2064--B
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Agriculture  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  --  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.
   § 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.

                                                            LBD06542-05-7

 S. 2064--B                          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

 S. 2064--B                          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.

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Senate Bill S2064A

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

2017-S2064 - Details

2017-S2064 - Summary

2017-S2064 - Sponsor Memo

2017-S2064 - Bill Text download pdf

2017-S2064A - Details

2017-S2064A - Summary

2017-S2064A - Sponsor Memo

2017-S2064A - Bill Text download pdf

co-Sponsors

2017-S2064B (ACTIVE) - Details

2017-S2064B (ACTIVE) - Summary

2017-S2064B (ACTIVE) - Sponsor Memo

2017-S2064B (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2064A

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Sponsored By

Kenneth P. LaValle

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Bill Amendments

2017-S2064 - Details

2017-S2064 - Summary

2017-S2064 - Sponsor Memo

2017-S2064 - Bill Text download pdf

2017-S2064A - Details

2017-S2064A - Summary

2017-S2064A - Sponsor Memo

2017-S2064A - Bill Text download pdf

co-Sponsors

Luis R. Sepúlveda

2017-S2064B (ACTIVE) - Details

2017-S2064B (ACTIVE) - Summary

2017-S2064B (ACTIVE) - Sponsor Memo

2017-S2064B (ACTIVE) - Bill Text download pdf

Comments