S T A T E O F N E W Y O R K
________________________________________________________________________
4570--A
2017-2018 Regular Sessions
I N S E N A T E
February 17, 2017
___________
Introduced by Sen. TEDISCO -- read twice and ordered printed, and when
printed to be committed to the Committee on Agriculture -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the agriculture and markets law, in relation to estab-
lishing microchipping standards; in relation to the registration of
microchips; and in relation to the examination of seized animals and
animals taken possession of
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The agriculture and markets law is amended by adding two
new sections 111-a and 111-b to read as follows:
§ 111-A. MICROCHIPPING STANDARDS. 1. THE COMMISSIONER SHALL ADOPT AND
PROMULGATE RULES AND REGULATIONS THAT PROVIDE FOR STANDARDIZATION OF
TECHNOLOGY USED IN MICROCHIPS IMPLANTED IN COMPANION ANIMALS THAT ARE
DOGS OR CATS AND MICROCHIP READERS SO THAT SUCH READERS USED BY VETERI-
NARIANS, ANIMAL SHELTERS, DOG CONTROL OFFICERS, AND ANIMAL CONTROL OFFI-
CERS ARE CAPABLE OF READING ANY CHIP TO IDENTIFY THE ANIMALS AND/OR THE
OWNER OF RECORD. SUCH RULES AND REGULATIONS SHALL ALSO PROVIDE FOR THE
COLLECTION, SHARING, AND DISSEMINATION OF CHIP IDENTIFICATION INFORMA-
TION BY ENTITIES THAT POSSESS AND MANAGE SUCH INFORMATION SOLELY TO
PROMOTE TIMELY NOTIFICATION OF OWNERS WHEN PETS ARE LOST, WHILE MAIN-
TAINING PRIVACY PROTECTION OF PERSONAL INFORMATION AND PROVIDING FOR
DISCLOSURE TO SUCH OWNERS OF THE SHARING OF SUCH INFORMATION.
2. THE RULES AND REGULATIONS REQUIRED BY THIS SECTION MAY PROVIDE FOR
AN ADVISORY COMMITTEE WHICH SHALL INCLUDE, BUT SHALL NOT BE LIMITED TO,
REPRESENTATIVES OF THE ANIMAL MICROCHIP COMMUNITY WHO SHALL ADVISE THE
COMMISSIONER ON THE TECHNICAL REQUIREMENTS NECESSARY IN CREATING
UNIVERSAL STANDARDS AND ACCESS TO IDENTIFYING INFORMATION. THE MEMBERS
OF ANY SUCH ADVISORY COMMITTEE SHALL SERVE WITHOUT COMPENSATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06539-11-7
S. 4570--A 2
§ 111-B. REGISTRATION OF MICROCHIPS. WHEN MICROCHIPS ARE IMPLANTED
INTO COMPANION ANIMALS THAT ARE DOGS OR CATS AND REGISTERED BY, OR ON
BEHALF OF, SUCH ANIMALS' OWNER'S REGISTRATION INFORMATION SHALL BE
MANAGED IN COMPLIANCE WITH REGULATIONS DEVELOPED PURSUANT TO SECTION ONE
HUNDRED ELEVEN-A OF THIS ARTICLE.
§ 2. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
§ 380. EXAMINATION OF SEIZED ANIMALS OR ANIMALS TAKEN POSSESSION OF.
1. CONSISTENT WITH THE PROVISIONS OF SECTION ONE HUNDRED SEVENTEEN OF
THIS CHAPTER AND SECTIONS THREE HUNDRED SEVENTY-THREE AND THREE HUNDRED
SEVENTY-FOUR OF THIS ARTICLE, NO LATER THAN TWENTY-FOUR HOURS, OR AS
SOON AS PRACTICABLE, AFTER A COMPANION ANIMAL THAT IS A DOG OR A CAT HAS
BEEN SEIZED OR TAKEN POSSESSION OF, EXCEPT FOR SUCH ANIMALS THAT HAVE
BEEN SURRENDERED BY THE OWNER, BY ANY DOG CONTROL OFFICER, ANIMAL
CONTROL OFFICER OR PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL
DUTIES, OR POLICE OFFICER IN THE EMPLOY OF OR UNDER CONTRACT WITH A
MUNICIPALITY, OR ANY DULY INCORPORATED SOCIETY FOR THE PREVENTION OF
CRUELTY TO ANIMALS, DULY INCORPORATED HUMANE SOCIETY, POUND OR SHELTER
THAT IS OPERATED BY OR UNDER CONTRACT TO A MUNICIPALITY, SUCH OFFICER,
SOCIETY, POUND OR SHELTER SHALL TAKE STEPS TO:
(A) CHECK SUCH ANIMAL FOR ALL FORMS OF IDENTIFICATION, INCLUDING, BUT
NOT LIMITED TO, TAGS, MICROCHIPS, TATTOOS OR LICENSES; AND
(B) IF PRACTICABLE AND IF THE NECESSARY TECHNOLOGY AND EQUIPMENT ARE
AVAILABLE, FOR THE PURPOSES OF THIS PARAGRAPH, MAKE AVAILABLE TO THE
PUBLIC ON THE INTERNET ON A WEBSITE OR SOCIAL MEDIA MAINTAINED BY OR
OTHERWISE MADE AVAILABLE TO SUCH OFFICER, SOCIETY, POUND OR SHELTER BY
THE MUNICIPAL OR COUNTY GOVERNMENT IN WHICH SUCH OFFICER, SOCIETY, POUND
OR SHELTER IS LOCATED, A PHOTOGRAPH, AND A GENERAL DESCRIPTION OF THE
ANIMAL TO ASSIST THE OWNER OR OWNERS IN FINDING THE ANIMAL, INCLUDING
THE BREED OR BREEDS, IF KNOWN. INFORMATION ABOUT THE ANIMAL MAY BE WITH-
HELD IF DEEMED APPROPRIATE TO FACILITATE FINDING THE OWNER OR OTHERWISE
PROTECT THE SAFETY OF THE ANIMAL. THE NOTICE REQUIRED BY THIS PARAGRAPH
MAY BE MADE BY MEANS OTHER THAN THE INTERNET IF USE OF THE INTERNET IS
IMPRACTICABLE.
2. NO LATER THAN TWENTY-FOUR HOURS OR AS SOON AS PRACTICABLE AFTER THE
SEIZURE OR TAKING POSSESSION OF SUCH ANIMAL POTENTIALLY IDENTIFIABLE BY
A FORM OF IDENTIFICATION, INCLUDING A LICENSE, TAG, TATTOO OR MICROCHIP,
OR RECORDS OR REPORTS THAT ARE READILY AVAILABLE OF ANIMALS REPORTED TO
BE LOST, REASONABLE EFFORTS SHALL BE MADE TO IDENTIFY AND PROVIDE ACTUAL
NOTICE TO THE OWNER OF THE ANIMAL BY ANY MEANS REASONABLY CALCULATED TO
PROVIDE ACTUAL NOTICE TO THE OWNER.
§ 3. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided however section two of this act
shall take effect upon the adoption of regulations by the commissioner
of agriculture pursuant to section one of this act; provided, further,
that the commissioner of agriculture shall notify the legislative bill
drafting commission upon the adoption of regulations pursuant to section
one of this act in order that the commission may maintain an accurate
and timely effective data base of the official text of the laws of the
state of New York in furtherance of effectuating the provisions of
section 44 of the legislative law and section 70-b of the public offi-
cers law. 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 to be made on or before such date.
