senate Bill S2409B

Amended

Provides for the training, examination and certification of dog control officers

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 20 / Jan / 2011
    • REFERRED TO AGRICULTURE
  • 28 / Mar / 2011
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 28 / Mar / 2011
    • PRINT NUMBER 2409A
  • 31 / May / 2011
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 31 / May / 2011
    • PRINT NUMBER 2409B
  • 06 / Jun / 2011
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / Jun / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / Jun / 2011
    • PRINT NUMBER 2409C
  • 13 / Jun / 2011
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 14 / Jun / 2011
    • ORDERED TO THIRD READING CAL.1205
  • 14 / Jun / 2011
    • PASSED SENATE
  • 14 / Jun / 2011
    • DELIVERED TO ASSEMBLY
  • 14 / Jun / 2011
    • REFERRED TO AGRICULTURE
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 05 / Jan / 2012
    • AMEND AND RECOMMIT TO AGRICULTURE
  • 05 / Jan / 2012
    • PRINT NUMBER 2409D
  • 06 / Mar / 2012
    • REPORTED AND COMMITTED TO FINANCE
  • 01 / May / 2012
    • 1ST REPORT CAL.662
  • 02 / May / 2012
    • 2ND REPORT CAL.
  • 07 / May / 2012
    • ADVANCED TO THIRD READING
  • 15 / May / 2012
    • AMENDED ON THIRD READING 2409E
  • 21 / May / 2012
    • PASSED SENATE
  • 21 / May / 2012
    • DELIVERED TO ASSEMBLY
  • 21 / May / 2012
    • REFERRED TO AGRICULTURE

Summary

Provides for the training, examination and certification of dog control officers.

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Bill Details

Versions:
S2409
S2409A
S2409B
S2409C
S2409D
S2409E
Legislative Cycle:
2011-2012
Current Committee:
Assembly Agriculture
Law Section:
Agriculture and Markets Law
Laws Affected:
Add ยง114-a, Ag & Mkts L
Versions Introduced in 2009-2010 Legislative Cycle:
S5675B

Votes

8
0
8
Aye
0
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S2409B

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to training,
examination
and
certification of dog control officers

PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this legislation is to
develop a training, examination and certification program for dog
control officers, police officers and peace officers who deal with
animal control or animal abuse issues when a locality makes such a
requirement.

SUMMARY OF SPECIFIC PROVISIONS:
The agriculture and markets law is
amended by adding a new section 114-a. Training and certification of
dog control officers. The department, in consultation with the
department of education, shall develop a training, examination and
certification program for dog control officers, police officers and
peace officers who deal with animal control or animal abuse issues.
This training shall apply to any locality that enacts such a
requirement and 2. (a) Any person appointed as a dog control officer
shall, before appointment or within one year thereafter, complete a
training course approved by the department and shall take and pass an
examination given by the department. 3. Training program required by
this section shall include training regarding: (a) the role of the
investigator in cases involving animals or animal abuse; (b)
appropriate and humane handling of animals and general animal
control; (c) evaluation of animal cruelty and abuse, (d) evaluation
of facilities where animals are kept, (e) evidentiary issues
including collection of evidence; (f) laws and rules regarding search
and seizure; (g) community policing and interaction; (h) crisis and
intervention safety (i) strategies to ensure that abused
animals are permanently separated from their abusers; (j)
identification of resources to house animals while a criminal case is
resolved; (k) report writing and courtroom testimony; (1) disposal of
the remains of deceased animals; and (n) identification and
notification of an animal's owner. 4. The governing body of a
political subdivision that appoints a dog control officer who fails
to obtain certification within the required time shall terminate the
appointment. 5. The department shall (a) determine the format of the
training and certification exams, including an internet based format
if the department deems such to be appropriate.

JUSTIFICATION:
This legislation was proposed following an incident of
aggravated animal cruelty involving an untrained part time animal
control officer working in Lackawanna, NY. The officer shot and
killed one cat and two kittens in the basement of an apartment
complex after being called to retrieve the animals. The highly
publicized incident brought to light the lack of qualifications and
any training of many appointed animal control officers throughout the
state. These untrained officers often do not make the proper animal


control decisions when confronted with a call. This bill establishes
a mandatory training requirement for all dog control officers and the
taking and passing of an examination of all dog control officers by
July 151 of 2013. Any person employed as a dog control officer shall
complete the training.

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

FISCAL IMPLICATIONS:
None to the state. New fees will be established
to offset the cost of-any training and certification.

EFFECTIVE DATE:
This act shall take effect July 1, 2013, provided
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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2409--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  --  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  train-
  ing, examination and certification of dog control officers

  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 a  new
section 114-a to read as follows:
  S  114-A.  TRAINING AND CERTIFICATION OF DOG CONTROL OFFICERS. 1.  THE
DEPARTMENT SHALL  DEVELOP  A  TRAINING,  EXAMINATION  AND  CERTIFICATION
PROGRAM FOR DOG CONTROL OFFICERS, POLICE OFFICERS AND PEACE OFFICERS WHO
DEAL WITH ANIMAL CONTROL OR ANIMAL ABUSE ISSUES.
  2. (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, ANY
PERSON  APPOINTED  AS A DOG CONTROL OFFICER SHALL, WHERE REQUIRED BY THE
GOVERNING BODY OF ANY POLITICAL SUBDIVISION, COMPLETE A COURSE OF TRAIN-
ING APPROVED BY THE DEPARTMENT AND SHALL TAKE AND  PASS  AN  EXAMINATION
GIVEN  BY THE DEPARTMENT. ANY PERSON CURRENTLY EMPLOYED AS A DOG CONTROL
OFFICER SHALL, WHERE REQUIRED BY THE GOVERNING  BODY  OF  ANY  POLITICAL
SUBDIVISION,  COMPLETE THE TRAINING AND TAKE AND PASS THE EXAMINATION NO
LATER THAN DECEMBER FIRST,  TWO  THOUSAND  THIRTEEN.  THE  TRAINING  AND
CERTIFICATION  SHALL  BE AVAILABLE TO, BUT NOT REQUIRED FOR POLICE OFFI-
CERS OR PEACE OFFICERS WHO DEAL WITH  ANIMAL  CONTROL  OR  ANIMAL  ABUSE
ISSUES.
  (B)   A   VETERINARIAN   LICENSED  PURSUANT  TO  ARTICLE  ONE  HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW  SHALL  BE  EXEMPT  FROM  THE  TRAINING
REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
  3.  THE TRAINING PROGRAM REQUIRED BY THIS SECTION SHALL INCLUDE TRAIN-
ING REGARDING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-04-1

S. 2409--B                          2

  (A) THE SCOPE OF THE RESPONSIBILITIES OF THE DOG CONTROL OFFICER;
  (B) APPROPRIATE AND HUMANE HANDLING OF ANIMALS, INCLUDING TRANSPORTING
ANIMALS  SAFELY, GENERAL ANIMAL CONTROL AND PROPER METHODS FOR CAPTURING
ANIMALS;
  (C) THE LAWS  AND  RULES  REGARDING  DOG  LICENSING,  AND  SEARCH  AND
SEIZURE;
  (D) CRISIS INTERVENTION AND OFFICER SAFETY;
  (E) IDENTIFICATION OF RESOURCES TO HOUSE ANIMALS WHILE A CRIMINAL CASE
IS RESOLVED;
  (F) REPORT WRITING AND COURTROOM TESTIMONY;
  (G) DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
  (H) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
  (I) OTHER RELEVANT PROVISIONS OF THIS CHAPTER.
  4.  THE  GOVERNING BODY OF A POLITICAL SUBDIVISION THAT APPOINTS A DOG
CONTROL OFFICER WHO FAILS TO OBTAIN CERTIFICATION  WITHIN  THE  REQUIRED
TIME SHALL TERMINATE THE APPOINTMENT.
  5.  THE DEPARTMENT SHALL: (A) DETERMINE THE FORMAT OF THE TRAINING AND
CERTIFICATION EXAMINATIONS, INCLUDING AN INTERNET-BASED  FORMAT  IF  THE
DEPARTMENT DEEMS SUCH TO BE APPROPRIATE;
  (B) ESTABLISH THE SCHEDULE FOR OFFERING TRAINING AND EXAMINATIONS;
  (C)  ESTABLISH  SUCH FEES AS THE DEPARTMENT DEEMS NECESSARY FOR TRAIN-
ING, ADMISSION TO THE EXAMINATION, RE-EXAMINATION AND CERTIFICATION; AND
  (D) PROMULGATE RULES, REGULATIONS AND STANDARDS REGARDING THE APPLICA-
TION OF THE TRAINING AND CERTIFICATION TOWARD RECERTIFICATION OR CONTIN-
UING EDUCATION REQUIREMENTS.
  S 2. This act shall take effect July 1, 2013, provided that, effective
immediately, the addition, amendment and/or repeal of any rule or  regu-
lation  necessary  for  the  implementation of this act on its effective
date are authorized to be made on or before such effective date.

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