senate Bill S3537

Amended

Requires the establishment and implementation of a training program for 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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  • 05 / Feb / 2013
    • REFERRED TO AGRICULTURE
  • 23 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 07 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / May / 2013
    • PRINT NUMBER 3537A
  • 04 / Jun / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 04 / Jun / 2013
    • PRINT NUMBER 3537B
  • 11 / Jun / 2013
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1251
  • 12 / Jun / 2013
    • AMENDED ON THIRD READING 3537C
  • 17 / Jun / 2013
    • AMENDED ON THIRD READING 3537D
  • 20 / Jun / 2013
    • SUBSTITUTED BY A1657E

Summary

Requires the establishment and implementation of a training program for dog control officers.

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Bill Details

See Assembly Version of this Bill:
A1657
Versions:
S3537
S3537A
S3537B
S3537C
S3537D
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §114-a, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2409E, A10652
2009-2010: S5675B, S5675B

Votes

9
0
9
Aye
0
Nay
1
aye with reservations
1
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S3537 REVISED 2/19/13

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 1st of 2013. Any person employed as a dog control officer shall
complete the training.


PRIOR LEGISLATIVE HISTORY: Passed Assembly in 2009. S. 2409E Passed
Senate in 2012

FISCAL IMPLICATIONS: None to the state.

EFFECTIVE DATE: This act shall take effect July 1, 2015, 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
________________________________________________________________________

                                  3537

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture

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  FIFTEEN.  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:
  (A) THE SCOPE OF THE RESPONSIBILITIES OF THE DOG CONTROL OFFICER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05206-01-3

S. 3537                             2

  (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; AND
  (C) 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, 2015, 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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