S T A T E O F N E W Y O R K ________________________________________________________________________ 62 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. DIAZ -- 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 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: 1 Section 1. Paragraph (c) of subdivision 1 of section 109 of the agri- 2 culture and markets law, as amended by section 4 of part T of chapter 59 3 of the laws of 2010, is amended to read as follows: 4 (c) The application shall state the sex, actual or approximate age, 5 breed, color, and municipal identification number of the dog, and other 6 identification marks, if any, and the name, address, telephone number, 7 county and town, city or village of residence of the owner AND SUCH 8 INFORMATION SHALL BE TRANSMITTED TO THE REGISTRY ON DOGS PURSUANT TO 9 SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE. Municipalities may also 10 require additional information on such application as deemed appropri- 11 ate. 12 S 2. The agriculture and markets law is amended by adding two new 13 sections 112-a and 112-b to read as follows: 14 S 112-A. MICROCHIPPING OF DOGS. 1. ANY PERSON WHO OWNS A DOG SHALL 15 ENSURE THAT BY THE AGE OF FOUR MONTHS SUCH DOG IS IMPLANTED WITH A 16 SPECIAL COMPUTER CHIP DESIGNED TO HOLD INFORMATION RELATING TO IDENTIFI- 17 CATION OF THE OWNER OR CUSTODIAN OF SUCH DOG, CONTACT INFORMATION AND 18 SUCH DOG'S DESCRIPTION AND BREED AND ANY OTHER INFORMATION REQUIRED 19 PURSUANT TO SECTION ONE HUNDRED NINE OF THIS ARTICLE. SUCH INFORMATION 20 SHALL BE TRANSMITTED INTO THE STATE REGISTRY ON DOGS AND SHALL BE 21 COMPATIBLE WITH A MICROCHIP SCANNER OPERATED BY THE COMMISSIONER PURSU- 22 ANT TO SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE. 23 2. WHENEVER ANY DOG IS LICENSED PURSUANT TO SECTION ONE HUNDRED TWELVE 24 OF THIS ARTICLE, SUCH LICENSING CONTACT INFORMATION SHALL BE TRANSMITTED EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01863-01-1 S. 62 2 1 TO THE REGISTRY OF DOGS AND PLACED ON THE MICROCHIP IN A METHOD ESTAB- 2 LISHED BY THE COMMISSIONER. 3 S 112-B. REGISTRY OF DOGS. 1. THE COMMISSIONER SHALL ESTABLISH A STATE 4 REGISTRY WHICH SHALL CONTAIN IDENTIFICATION INFORMATION RELATING TO ALL 5 ANIMALS LICENSED PURSUANT TO SECTIONS ONE HUNDRED NINE, ONE HUNDRED 6 TWELVE AND ONE HUNDRED TWELVE-A OF THIS ARTICLE. 7 2. SUCH REGISTRY SHALL BE AVAILABLE TWENTY-FOUR HOURS A DAY AND SHALL 8 BE SIMILAR TO ANY NATIONAL REGISTRY IN EXISTENCE. A MICROCHIP SCANNER 9 SHALL BE USED TO DETECT THE IDENTIFICATION NUMBER KEPT ON THE CHIP. 10 3. IT SHALL BE THE RESPONSIBILITY OF THE OWNER OR CUSTODIAN OF SUCH 11 DOG TO CHANGE WITH THE REGISTRY ANY IDENTIFICATION INFORMATION RELATING 12 TO SUCH OWNER OR CUSTODIAN. 13 S 3. Subdivision 1 of section 118 of the agriculture and markets law, 14 as amended by section 14 of part T of chapter 59 of the laws of 2010, is 15 amended to read as follows: 16 1. It shall be a violation, punishable as provided in subdivision two 17 of this section, for: 18 (a) any owner to fail to license any dog; 19 (b) any owner to fail to have any dog identified as required by this 20 article; 21 (c) any person to knowingly affix to any dog any false or improper 22 identification tag, special identification tag for identifying guide, 23 service or hearing dogs or purebred license tag; 24 (d) any owner or custodian of any dog to fail to confine, restrain or 25 present such dog for any lawful purpose pursuant to this article; 26 (e) any person to furnish any false or misleading information on any 27 form required to be filed with any municipality pursuant to the 28 provisions of this article or rules and regulations promulgated pursuant 29 thereto; 30 (f) the owner or custodian of any dog to fail to exercise due dili- 31 gence in handling his or her dog if the handling results in harm to 32 another dog that is a guide, hearing or service dog; 33 (g) any owner of a dog to fail to notify the municipality in which his 34 or her dog is licensed of any change of ownership or address as required 35 by section one hundred twelve of this article; 36 (H) THE OWNER OR CUSTODIAN OF ANY DOG TO FAIL TO MICROCHIP SUCH DOG. 37 S 4. This act shall take effect on the one hundred eightieth day after 38 it shall have become a law; provided, however, that if part T of chapter 39 59 of the laws of 2010 has not taken effect as of such date then 40 sections one and three of this act shall take effect on the same date 41 and in the same manner as such chapter takes effect; provided, however, 42 that effective immediately, the addition, amendment and/or repeal of any 43 rule or regulation necessary for the implementation of this act on its 44 effective date are authorized and directed to be made and completed on 45 or before such effective date.