It requires ALL dog owners to have liability insurance, and
requires impoundment for any dog that is not covered. Rescues would have to make certain that adopters have insurance before placing the dog.
Katrina
Bills (Summary)
http://assembly.state.ny.us/leg/?bn=A10169"
Bills (Full Text of Bill)
http://assembly.state.ny.us/leg/?bn=A10169&sh=t
Bill Summary:
Bill Summary - A10169
Back | New York State Bill Search | Assembly Home
See Bill Text A10169 Summary:
SAME AS No same as
SPONSOR Rivera P
COSPNSR Hooper
MLTSPNSR Benjamin, Diaz L, Diaz R, Gordon, Green, Mayersohn,
Rivera J Rpld S111 sub 4 (b), amd Ag & Mkts L, generally;
rpld Chap 115 of 1894; add S95-e, St Fin L; add SS342 & 2614, amd
S2402, Ins L; add S837-r, Exec L
Enacts "Elijah`s law"; requires all dogs to be covered by a
liability insurancepolicy; makes licensing and insurance provisions for dogs apply statewide; provides for the designation of dangerous breeds; requires warning be posted where dangerous breeds and dangerous dogs are kept; makes all dog identification tags orange in color; provides for the impoundment of uninsured dogs; establishes the impoundment fee at the rate of $15 per day; increases the redemption period for dogs from 7 days to 10 days; authorizes municipalities toregulate the keeping, control and restraint of dangerous breeds and dangerous dogs; requires all dogs to be insured before sale or adoption; directs the establishment
of a public awareness program of the requirement to insure dogs;
establishes the dog insurance education fund; requires the
superintendent of insurance to establish a list of insurers
offering dog liability insurance; prohibits discrimination in the
offering of such insurance based upon the consumer`s credit history;
requires law enforcement agencies to report dog attacks to the
division of criminal justice services; such division shall annually
compile such information and report to the governor, legislative
leaders and department of agriculture and
markets.
A10169 Actions:
03/10/2004 referred to agriculture
A10169 Votes:
A10169 Memo:
TITLE OF BILL: An act to enact Elijah`s law; to amend the
agriculture and markets law, in relation to requiring dog owners to
have liability insurance for personal injury and death caused by
their dogs, making licensing and insurance requirements for dogs
apply statewide, providing for the designation of dangerous breeds,
requiring owners of dangerous breeds and dangerous dogs to post
warnings where the dogs are kept, making dog identification tags
orange in color, requiring uninsured dogs to be impounded,
increasing the impoundment fee to fifteen dollars a day, increasing
the redemption period for a dog to ten days, authorizing
municipalities to regulate the keeping, control and restraint of
dangerous breeds and dangerous dogs, requires all dogs to be
insured prior to sale or adoption, and directs the commissioner of
agriculture and markets to establish a program for public awareness
of the requirement that dogs be insured; to amend the state finance
law, in relation to establishing the dog insurance education fund;
to amend the insurance law, in relation to directing the
superintendent to establish a list of insurers offering dog
liability insurance and prohibiting consideration of a consumers
credit history in the offering of dog liability insurance; to
amend the executive law, in relation to requiring law enforcement
agencies to report attacks by dogs to the division of
criminal justice services; to repeal paragraph (b) of subdivision 4
of section 111 of the agriculture and markets law relating
to the disposition of licensing fees; to repeal chapter 115 of the
laws of 1894 relating to the better protection of lost and trayed
animals and for securing the rights of owners thereof; and
providing for the repeal of certain provisions upon expiration
thereof
PURPOSE OR GENERAL IDEA OF BILL: This legislation will allow
dog owners protection against liability action if their dog is
deemed dangerous by county municipalities, or if their dog injures
or harms an innocent victim. The purpose of this bill is to
protect all innocent victims of dog attacks by enacting a
liability insurance requirement on all dogs throughout
New York State.
SUMMARY OF SPECIFIC PROVISIONS: The bill amends state law in
relation to requiring all dogs owners of New York State to
obtain liability insurance for their dog upon purchase, adoption,
and licensing.
Specifically, this bill:
1) Will require all canine owners to have liability insurance.
2) The Department of Insurance and Department of Agriculture
and Markets will work with insurers on creating canine
liability insurance. Stated effort will lead to the development
of a premium based on the breed of the canine and documented data of
known dangers of the canine.
3) New York State will develop a special" orange tag" that has to
be worn by every insured canine if it will be dwelling or roaming
in a public place; i.e. a public park. This orange tag must be
worn by the canine at all times.
4) Anyone walking a canine without an "orange tag" will be fined
$100 upon first offense. A judge will not impose fine if on
court date canine owner has proof of insurance.
5) After the first offense, an additional $150 mandatory fine will
be
levied.
6) If a person does not show up to court, upon violation, the
owner`s canine will be impounded.
7) If canine does not have insurance upon court date, the canine
will be
impounded.
8) When the owner`s canine is impounded, the owner will have up to
10 days to purchase liability insurance for their canine. The owner
must also pay $15 dollars a day for each day their canine is
kept in captivity by their local pound for maintenance fees.
9) If the canine remains in a pound for 2 weeks after it
was impounded, the municipality will have the option to put the
canine to sleep or put it up for adoption upon the status of
the canine`s medical condition and
age.
10) In case of adoption, no pet may be adopted unless
liability insurance is possessed by the future owner of the canine.
11) Any entity selling canines or giving them up for adoption,
must inform buyer or recipient they are required by New York
State to obtain insurance before obtaining the canine.
12) A violation of informing the buyer or recipient about
the liability insurance will result in a $250 for the first and
$500 for second
offense.
13) No canine can be sold or adopted without liability insurance.
The penalty will be the same as mentioned above.
14) The Department of Agriculture and Markets should develop
an educational program regarding the requirements for canine
insurance providing a list of insurers that provide canine
insurance, along with data on canine attacks on the residents of
New York State and the breeds that were involved. All this
information should be posted via the internet on a very visible
link so future owners can follow and understand.
15) The Department of Agriculture and Markets will determine
canine licensing procedures and fee structure.
16) For the first year of the program, all fees collected will be
used exclusively for public education and program development costs.
17) Public information campaigns will be created in multiple
languages including, Spanish, Cantonese, Russian, Creole,
Portuguese, Korean and Arabic.
18) Fines collected from violators will be used to fund
municipalities who are operating the impounding and maintenance of
canines.
19) Every store that sells canines will need to post information on
canine breed and percentages of those breeds that are a danger
towards other canines and humans. This information should be
compiled by local law enforcement agencies. This information
must be prominently displayed and approved by the Department of
Agriculture and Markets on a yearly basis.
20) This bill will give the municipalities the power to require
that canines deemed dangerous, based on documented breed and attack
ratios, must have a muzzle placed on the canine`s mouth when the
canine is in a public place.
21) The municipalities will have the authority to set fines and
proper enforcement based on the criteria mentioned above in 18.
22) The only dogs that are exempt from this legislation are guide
dogs for the blind.
23) The Department of Insurance will provide information as to
where residents of New York State can obtain proper liability
canine insurance.
24) No insurance company will be allowed to use any of the
owner`s personal financial information to determine an insurance
premium for the canine`s liability insurance.
25) If an owner has an insured deemed dangerous canine in their
public domain, they must post a sign on the door of their domain
stating to the public, "Beware of Dangerous Dog."
26) The sign/ sticker will be provided by Dept. of Agriculture and
Markets at time of licensing and on determination of breed being
insured.
