senate Bill S2409D

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:S2409D

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, 2014,
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--D

                       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  --  reported
  favorably  from  said  committee  and  committed  to  the Committee on
  Finance -- committee discharged, bill amended,  ordered  reprinted  as
  amended  and  recommitted  to  said  committee  --  recommitted to the
  Committee on Agriculture in accordance with Senate Rule 6, sec.  8  --
  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 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  FOURTEEN. THE TRAINING AND
CERTIFICATION SHALL BE AVAILABLE TO, BUT NOT REQUIRED FOR  POLICE  OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-07-2

S. 2409--D                          2

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:
  (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. GOVERNING BODIES OF POLITICAL SUBDIVISIONS  THAT  REQUIRE  TRAINING
AND  CERTIFICATION  PURSUANT  TO  SUBDIVISION  TWO OF THIS SECTION SHALL
TERMINATE THE APPOINTMENT OF ANY DOG CONTROL OFFICER WHO FAILS TO OBTAIN
SUCH TRAINING AND CERTIFICATION WITHIN THE REQUIRED PERIOD OF TIME.
  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, 2014, 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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