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S3305Senate2019-2020 Session

Help Return Lost Pets

Official title

“Relates to owners of lost pets and return of lost pets to their owners”

Sponsor Kenneth P. LaValleSD-1+1 co-sponsor
Status
In Senate Committee
Domestic Animal Welfare
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Domestic Animal Welfare

What's happening

This bill requires animal control officers and shelters to promptly identify and publicize lost dogs using tags, microchips, or other identifiers to help reunite them with their owners.

Why it matters

  1. Increases accountability and record-keeping. The bill requires animal control officers, shelters, and pounds to create and maintain detailed records (including all possible forms of identification like tags, tattoos, or microchips) for every seized dog, improving transparency and traceability in the system.

  2. Accelerates and standardizes notification efforts. The legislation mandates prompt and reasonable efforts to identify and notify owners when a lost dog is found, including comparing the dog to lost/stolen reports and using any available contact method—potentially reducing the time dogs spend in shelters and increasing reunification rates.

  3. Boosts public awareness through online postings. By requiring, where practicable, the posting of photographs and descriptions of found dogs on publicly accessible websites, the bill leverages technology to help owners locate their pets, while also allowing for exceptions to safeguard the animal’s safety or privacy.

  4. Adjusts holding periods based on owner identification. The holding period for seized dogs is linked to when the owner is notified, ensuring that identified owners have a fairer and more predictable window to reclaim their pets—potentially decreasing unnecessary euthanasia or rehoming of pets with known owners.

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Who cares

Headline styles

Help Return Lost Pets

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

1 Co-sponsor

History

  1. Referred to domestic animal welfare
  2. Referred to domestic animal welfare

Full text

3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3305

2019-2020 Regular Sessions

IN SENATE

February 5, 2019

Introduced by Sens. LAVALLE, SEPULVEDA -- read twice and ordered printed, and when printed to be committed to the Committee on Domestic Animal Welfare

AN ACT to amend the agriculture and markets law, in relation to the identification of owners of lost pets and return of lost pets to their owners

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 4 of section 113 of the agriculture and markets law, as amended by section 8 of part T of chapter 59 of the laws of 2010, is amended to read as follows:

4. Every dog control officer, peace officer, when acting pursuant to his special duties or police officer shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, or any other identifying information from a tag, tattoo or microchip if such can be reasonably ascertained, the location where seized, the reason for seizure, and the owner's name and address, if known.

§ 2. Section 117 of the agriculture and markets law is amended by adding a new subdivision 3-a to read as follows:

3-a. No later than twenty-four hours or as soon as practicable after a dog has been seized by any dog control officer or peace officer acting pursuant to his or her special duties, or police officer in the employ of or under contract to 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 the dog for all forms of identification, including, but not limited to, tags, microchips, tattoos or licenses; and

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD08477-01-9

S. 3305 2

(b) if practicable, make available to the public on the internet on a website 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 dog to assist the owner or owners in finding the dog, including the breed or breeds, if known, although information about the dog may be withheld if deemed appropriate to facilitate finding the owner or owners or otherwise protect the safety of the dog. The notice required by this paragraph may be made by means other than the internet if use of the internet is impracticable. Nothing in this subdivision shall be interpreted as requiring a website to be maintained or equipment or technology to be purchased in order to comply with the provisions of this subdivision; and

(c) Such officer shall also compare the information known about the dog with records of dogs reported to be lost or stolen pursuant to section one hundred twelve of this article within twenty-four hours or as soon as practicable after such records become available following seizure or taking possession of such dog.

§ 3. Subdivision 4 of section 117 of the agriculture and markets law, as amended and such section as renumbered by section 12 of part T of chapter 59 of the laws of 2010, is amended to read as follows:

4. (a) Each dog which is not identified by an official identification tag, as defined in subdivision eleven of section one hundred eight of this article, whether or not licensed, shall be held for a period of five days from the day seized, provided however if such dog owner is positively identified and notified by any means reasonably calculated to provide actual notice to the owner or owners that their dog was seized pursuant to paragraph (b) of this subdivision such dog shall be held for a period of five days from such notification, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of this article and further provided that the owner pays the following impoundment fees:

[(a)] (i) not less than ten dollars for the first impoundment of any dog owned by that person;

[(b)] (ii) not less than twenty dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours or part thereof for the second impoundment, within one year of the first impoundment, of any dog owned by that person; or

[(c)] (iii) not less than thirty dollars for the first twenty-four hours or part thereof and three dollars for each additional twenty-four hours or part thereof for the third and subsequent impoundments, within one year of the first impoundment, of any dog owned by that person.

The impoundment fees set forth in [paragraphs (a), (b) and (c)] subparagraphs i, ii, and iii of this [subdivision] paragraph notwithstanding, any municipality may set by local law or ordinance such fees in any amount.

(b) Promptly upon the seizure of a dog potentially identifiable by another form of identification, including a tag, tattoo or microchip, or records of dogs reported to be lost or stolen pursuant to section one hundred twelve of this article, reasonable efforts shall be made to identify and provide actual notice to the owner of the dog by any means reasonably calculated to provide actual notice to the owner or owners. If unable to positively identify and provide actual notice to such owner or owners after having made reasonable efforts to do so, such dog shall be held in accordance with paragraph (a) of this subdivision. If such

S. 3305 3

owner is positively identified and notified of the seizure of their dog, such dog may be held in accordance with subdivision six of this section and such owner shall be notified how many days their dog will be held.

§ 4. Subdivision 6 of section 117 of the agriculture and markets law, as added by chapter 220 of the laws of 1978 and such section as renumbered by section 12 of part T of chapter 59 of the laws of 2010, is amended to read as follows:

6. (a) Promptly upon seizure of any identified dog, as defined in subdivisions eleven and twelve of section one hundred eight of this article, the owner of record of such dog shall be notified personally; or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption.

(b) If notification is personally given, such dog identified pursuant to paragraph (a) of this subdivision shall be held for a period of seven days after day of notice, during which period the dog may be redeemed by the owner. If such notification is made by certified mail, such dog identified pursuant to paragraph (a) of this subdivision shall be held for a period of nine days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees prescribed by subdivision four of this section and by producing proof that the dog has been licensed. Nothing in this subdivision shall be interpreted as requiring the purchase of equipment or technology to comply with the provisions of this subdivision.

§ 5. Section 118 of the agriculture and markets law is amended by adding a new subdivision 6 to read as follows:

6. Every dog pound or shelter, as described in section one hundred fourteen of this article shall promptly make and maintain a complete record of any seizure and subsequent disposition of any dog. Such record shall include, but not be limited to, a description of the dog, the date and hour of seizure, the official identification number of such dog, if any, or any other identifying information from a tag, tattoo or microchip if such can be reasonably ascertained, the location where seized, the reason for seizure, and the owner's name and address, if known.

§ 6. This act shall take effect on the sixtieth day after it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the agriculture and markets law, in relation to the identification of owners of lost pets and return of lost pets to their owners

Purpose

To improve the process of reuniting lost animals with their owners when brought to impounding organizations.

Summary of provisions

Section 1. Amends subdivision 4 of section 113 of the agriculture and markets law to provide that the record of a seized dog shall include identifying information from a tag, tattoo or microchip if such can be reasonably ascertained.

Read the full memo (899 words)

Section 2. Adds a new subdivision 3-a to section 117 of the agriculture and markets law to provide that within twenty-four hours or as soon as practicable following such seizure or taking possession of a lost or stolen dog, certain persons or entities shall check the dog for all currently possible forms of identification, make available to the public on a website a photograph, if practicable and a general description of the dog to assist the owner(s) in finding the dog. Information about the dog may be withheld if deemed appropriate to facilitate finding the owner(s) or otherwise protect the safety of the dog. The notice may be made by means other than the internet if use of the internet is imprac- ticable. Nothing in this subdivision shall be interpreted as requiring a website to be maintained; or equipment or technology to be purchased in order to comply with the provisions of this subdivision. The information known about the seized dog shall be compared with records of dogs reported to be lost or stolen within twenty-four hours after such records become available following seizure of taking possession of such dog.

Section 3. Amends subdivision 4 of section 117 to provide that the subdivision applies to dogs that are not identified under the definition of identified dog provided in subdivision 11 of section one hundred eight. This section also provides that promptly upon seizure of any dog potentially identifiable by a form of identification other than an iden- tification tag as provided in section one hundred eight of the agricul- ture and markets law including a tag, tattoo or microchip or records pertaining to lost or stolen dogs, reasonable efforts shall be made to identify and contact the owner of the dog. If unable to positively iden- tify such owner after having made reasonable efforts to do so, such dog shall be held for a period of five days. If such owner is positively identified, such dog may be held for a period of seven or nine days, depending on the method used to notify the owner.

Section 4. Amends subdivision 6 of section 117 to provide that promptly upon seizure of any identified dog or a dog identified by another form of identification, including a tag, tattoo or microchip, the owner of such dog shall be notified personally or by mail of the facts of the dog's impoundment and the procedure for redemption. If notification is given personally, such dog shall be held for a period of seven days after the notice date. If notification is given by mail, such dog shall be held for a period of nine days from the date of mailing. In either case, the owner may redeem such dog during the holding period and upon payment of the impoundment fees and by producing proof that such dog has been licensed. Nothing in this subdivision shall be interpreted as requiring the purchase of equipment or technology to comply with the provisions of this subdivision.

Section 5. Amends section 118 of the agriculture and markets law to require every dog pound and shelter to promptly make and maintain a complete records= of any seizure and subsequent disposition of such dog.

Section 6. Provides the effective date.

Justification

While animal shelters are already required to look for lost owners, this bill expands the methods by which shelters and dog control officers must identify a lost pet. Additional methods that will be required to be checked include tags, microchips, tattoos or licenses, comparing the information known about the dog with records of dogs reported to be lost or stolen and making the information available to the public.

Under this legislation, shelters would be required to make reasonable efforts to identify and provide actual notice to owners when their pets are seized. The bill also provides that those dogs that do not have an official identification tag issued by a licensing municipality must be held for a period of five days from the date of seizure. However, if such owner is positively identified and notified by a means reasonable to provide actual notice, the dog shall be held for a period of five days from the date of notification. The clock on the five day hold time will start to run once notice goes out to an owner, for example, once the shelter sends out a notification email.

Ultimately, requiring these efforts will provide greater protections to lost pets by lessening the risk of dogs being made available for adoption or even euthanasia if they fail to be reunited with their owners. This will in turn help reunite more lost pets with their owners.

Legislative history

2017-18 S.2064; 2015-16 S.1812/A.141; 2013-2014 A.3843

Fiscal implications

None to the State.

Effective date

This act shall effect on the sixtieth day after it shall have become a law.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.