Requires the micro-chipping of all dogs; creates a state registry to maintain the identification and contact information on all micro-chipped dogs; provides that such registry shall be available twenty-four hours a day.

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S342-2013 Actions

• Jan 9, 2013: REFERRED TO AGRICULTURE

S342-2013 Memo

BILL NUMBER:S342

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to the
microchipping of dogs and the creation of a registry of dogs

PURPOSE OR GENERAL IDEA OF BILL:
Requires that by the age of four months any person who owns a dog
shall implant such dog with a microchip. Creates a state registry to
maintain contact information.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1. Amends Section 109 Subdivision 1 (c) of the Agriculture and
Markets Law. Requires information that contains specific identifiable
features to be transmitted to the registry on dogs.

Section 2. Amends the Agriculture and Markets Law by adding two new
sections 112-a and 112b. Requires dog owners, by the time such dog is
four months of age, to implant a microchip that includes the owner's
contact information and the dog's medical history. Requires the
Commissioner of Agriculture and Markets to establish a state registry
of all animals licensed pursuant to this article. Provides that such
registry shall be available twenty-four hours a day.

Section 3. Amends the Agriculture and Markets Law, Section 118,
subdivision 1. Establishes a violation for any owner or custodian of
a dog who fails to implant a microchip in such dog.

Section 4. Effective Date

EXISTING LAW:
None.

JUSTIFICATION:
Micro-chipping is a relatively inexpensive and harmless procedure that
would provide a safety net for dog owners in case of loss or theft of
dog. At the time of mandatory licensing, the dog's information and
micro-chip number will be added to a newly created registry which
will be available twenty-four hours a day.

PRIOR LEGISLATIVE HISTORY:
2012: S. Referred to Agriculture/A.2882 - Referred to Agriculture
2011: S.62 - Defeated in Agriculture/A.2882 - Referred to Agriculture
2010: S.2211 - Referred to Agriculture/A.11070 - Referred to Agriculture
2009: S.2211 - Referred to Agriculture/A.255 - Enacting
Clause Stricken/A.11070 - Referred to Agriculture
2007-08: A. 1677 - Referred to Agriculture
2006: A.9775 - Held for Consideration in Agriculture

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law;


provided, however, that effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

S342-2013 Text

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

                                     342

                         2013-2014 Regular Sessions

                              I N  SENATE

                                 (PREFILED)

                               January 9, 2013
                                 ___________

  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:


    Section 1. Paragraph (c) of subdivision 1 of section 109 of the  agri-
  culture and markets law, as amended by section 4 of part T of chapter 59
  of the laws of 2010, is amended to read as follows:

    (c)  The  application  shall state the sex, actual or approximate age,
  breed, color, and municipal identification number of the dog, and  other
  identification  marks,  if any, and the name, address, telephone number,
  county and town, city or village of residence  of  the  owner  AND  SUCH
  INFORMATION  SHALL  BE  TRANSMITTED  TO THE REGISTRY ON DOGS PURSUANT TO
  SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.   Municipalities may  also
  require  additional  information on such application as deemed appropri-
  ate.
    S 2. The agriculture and markets law is  amended  by  adding  two  new
  sections 112-a and 112-b to read as follows:

    S  112-A.  MICROCHIPPING  OF  DOGS. 1. ANY PERSON WHO OWNS A DOG SHALL
  ENSURE THAT BY THE AGE OF FOUR MONTHS  SUCH  DOG  IS  IMPLANTED  WITH  A
  SPECIAL COMPUTER CHIP DESIGNED TO HOLD INFORMATION RELATING TO IDENTIFI-
  CATION  OF  THE  OWNER OR CUSTODIAN OF SUCH DOG, CONTACT INFORMATION AND
  SUCH DOG'S DESCRIPTION AND BREED  AND  ANY  OTHER  INFORMATION  REQUIRED
  PURSUANT  TO  SECTION ONE HUNDRED NINE OF THIS ARTICLE. SUCH INFORMATION
  SHALL BE TRANSMITTED INTO THE  STATE  REGISTRY  ON  DOGS  AND  SHALL  BE
  COMPATIBLE  WITH A MICROCHIP SCANNER OPERATED BY THE COMMISSIONER PURSU-
  ANT TO SECTION ONE HUNDRED TWELVE-B OF THIS ARTICLE.
    2. WHENEVER ANY DOG IS LICENSED PURSUANT TO SECTION ONE HUNDRED TWELVE
  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.
                                                             LBD00319-01-3

 S. 342                              2

  TO THE REGISTRY OF DOGS AND PLACED ON THE MICROCHIP IN A  METHOD  ESTAB-
  LISHED BY THE COMMISSIONER.
    S 112-B. REGISTRY OF DOGS. 1. THE COMMISSIONER SHALL ESTABLISH A STATE
  REGISTRY  WHICH SHALL CONTAIN IDENTIFICATION INFORMATION RELATING TO ALL
  ANIMALS LICENSED PURSUANT TO SECTIONS  ONE  HUNDRED  NINE,  ONE  HUNDRED
  TWELVE AND ONE HUNDRED TWELVE-A OF THIS ARTICLE.
    2.  SUCH REGISTRY SHALL BE AVAILABLE TWENTY-FOUR HOURS A DAY AND SHALL
  BE SIMILAR TO ANY NATIONAL REGISTRY IN EXISTENCE.  A  MICROCHIP  SCANNER
  SHALL BE USED TO DETECT THE IDENTIFICATION NUMBER KEPT ON THE CHIP.
    3.  IT  SHALL  BE THE RESPONSIBILITY OF THE OWNER OR CUSTODIAN OF SUCH
  DOG TO CHANGE WITH THE REGISTRY ANY IDENTIFICATION INFORMATION  RELATING
  TO SUCH OWNER OR CUSTODIAN.
    S  3. Subdivision 1 of section 118 of the agriculture and markets law,
  as amended by section 14 of part T of chapter 59 of the laws of 2010, is
  amended to read as follows:

    1. It shall be a violation, punishable as provided in subdivision  two
  of this section, for:

    (a) any owner to fail to license any dog;
    (b)  any  owner to fail to have any dog identified as required by this
  article;
    (c) any person to knowingly affix to any dog  any  false  or  improper
  identification  tag,  special  identification tag for identifying guide,
  service or hearing dogs or purebred license tag;
    (d) any owner or custodian of any dog to fail to confine, restrain  or
  present such dog for any lawful purpose pursuant to this article;
    (e)  any  person to furnish any false or misleading information on any
  form required  to  be  filed  with  any  municipality  pursuant  to  the
  provisions of this article or rules and regulations promulgated pursuant
  thereto;
    (f)  the  owner  or custodian of any dog to fail to exercise due dili-
  gence in handling his or her dog if the  handling  results  in  harm  to
  another dog that is a guide, hearing or service dog;
    (g) any owner of a dog to fail to notify the municipality in which his
  or her dog is licensed of any change of ownership or address as required
  by section one hundred twelve of this article;
    (H) THE OWNER OR CUSTODIAN OF ANY DOG TO FAIL TO MICROCHIP SUCH DOG.
    S 4. This act shall take effect on the one hundred eightieth day after
  it shall have become a law; provided, however, that effective immediate-
  ly,  the  addition,  amendment  and/or  repeal of any rule or regulation
  necessary for the implementation of this act on its effective  date  are
  authorized  and  directed  to  be  made  and completed on or before such
  effective date.