S T A T E   O F   N E W   Y O R K
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                                  2211

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

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 chapter 645 of the laws of 1988,
is amended to read as follows:
  (c) The application shall state the sex, actual  or  approximate  age,
breed,  color,  and official 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.
  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
TO  THE  REGISTRY OF DOGS AND PLACED ON THE MICROCHIP IN A METHOD ESTAB-
LISHED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00090-01-9

              

S. 2211                             2

  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 119 of the agriculture and markets law,
as added by chapter 220 of the laws of 1978, paragraph (c) as amended by
chapter 404 of the laws of 1986, paragraph (g) as amended and  paragraph
(h)  as  added by chapter 263 of the laws of 2000, 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;
  (f) any owner or custodian of any dog to fail to confine, restrain  or
present such dog for any lawful purpose pursuant to this article;
  (g)  any  person to furnish any false or misleading information on any
form required to be filed with  any  municipality  or  the  commissioner
pursuant  to  the  provisions  of  this article or rules and regulations
promulgated pursuant thereto;
  (h) 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;
  (I) 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.