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.
BILL NUMBER:S62 REVISED 12/30/11
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 the Agriculture and Markets Law to require information that contains specific identifiable features to be transmitted to the registry on dogs.
Section 2 adds two new sections 112-a and 112-b to the Agriculture and Markets law. 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 Provides that it shall be a violation for any owner or custodian of a dog who fails to implant a microchip in such dog.
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:
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
To be determined.
This act shall take effect on the one hundred eightieth day after it shall have become a law; provided, however, that if Part T of Chapter 59 of the Laws of2010 has not taken effect as of such date then sections 1 and 3 of this act shall take effect on the same date and in the same manner as such Chapter takes effect; 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.
STATE OF NEW YORK ________________________________________________________________________ 62 2011-2012 Regular Sessions IN SENATE (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: 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 TRANSMITTEDEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01863-01-1 S. 62 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 if part T of chapter 59 of the laws of 2010 has not taken effect as of such date then sections one and three of this act shall take effect on the same date and in the same manner as such chapter takes effect; 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.