NY State Senate Bill S76

Archive: Last Bill Status - In Senate Committee Transportation Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to transportation
Jan 09, 2019	referred to transportation

Co-Sponsors

S76 (ACTIVE) - Details

See Assembly Version of this Bill:: A3916
Current Committee:: Senate Transportation
Law Section:: Highway Law
Laws Affected:: Add §332, Hway L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4877, A7183
2017-2018: S385, A5549

S76 (ACTIVE) - Summary

Relates to notifying the owner of an animal killed on a highway.

S76 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S76

SPONSOR: ROBACH
 
TITLE OF BILL:  An act to amend the highway law, in relation to noti-
fying 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 func-
tions 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, nos 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:

2016 passed Senate
2017-2018 Referred to Rules

 
FISCAL IMPLICATIONS:
To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S76 (ACTIVE) - Bill Text download pdf


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

                                   76

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2019
                               ___________

Introduced  by  Sen.  ROBACH -- read twice and ordered printed, and when
  printed to be committed 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:

  Section 1. The highway law is amended by adding a new section  332  to
read as follows:
  § 332. NOTIFYING THE OWNER OF AN ANIMAL KILLED ON A HIGHWAY. (A) TAGS.
IF  THE  ANIMAL 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.
  (B) CHIPS. THE DEPARTMENT SHALL SCAN THE ANIMAL'S REMAINS FOR AN IDEN-
TIFICATION CHIP AND, SHOULD A CHIP BE FOUND, NOTIFY  THE  CHIP  REGISTRY
THROUGH  THE  REGISTRY  WEBSITE  OR BY TELEPHONE, IN ACCORDANCE WITH THE
INFORMATION ON THE IDENTIFICATION CHIP.
  (C) WEB POSTING. ABSENT A TAG OR IDENTIFICATION CHIP,  THE  DEPARTMENT
SHALL  USE  A  PUBLICLY  AVAILABLE  WEBSITE TO POST A DESCRIPTION OF THE
ANIMAL AND THE CIRCUMSTANCES OF ITS DEATH; AND TO POST A  PHOTOGRAPH  IF
THE  DEPARTMENT  BELIEVES THIS CAN BE DONE WITH DUE RESPECT FOR PERSONAL
AND COMMUNITY SENSIBILITIES.
  (D) STORAGE. IF THE DEPARTMENT HAS A SUITABLE TEMPORARY STORAGE FACIL-
ITY IT SHALL STORE THE ANIMAL'S REMAINS FOR AT LEAST  SEVEN  DAYS  AFTER
THE  DEPARTMENT:  (I)  COLLECTS THE REMAINS OR (II) MAKES ACTUAL CONTACT
DIRECTLY WITH THE ANIMAL'S OWNERS, WHICHEVER IS LONGER.
  (E) ALTERNATIVES. THE DEPARTMENT CAN DELEGATE THE ABOVE  FUNCTIONS  TO
ANOTHER ENTITY SUCH AS A SHELTER OR VETERINARIAN.
  § 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                      [ ] is old law to be omitted.
                                                           LBD05216-01-9

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The New York State Senate

senate Bill S76

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Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

S76 (ACTIVE) - Details

S76 (ACTIVE) - Summary

S76 (ACTIVE) - Sponsor Memo

S76 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S76

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Sponsored By

Joseph E. Robach

Archive: Last Bill Status - In Senate Committee Transportation Committee

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Co-Sponsors

Michael H. Ranzenhofer

S76 (ACTIVE) - Details

S76 (ACTIVE) - Summary

S76 (ACTIVE) - Sponsor Memo

S76 (ACTIVE) - Bill Text download pdf

Comments