senate Bill S3537B

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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actions

  • 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

Versions:
S3537
S3537A
S3537B
S3537C
S3537D
Legislative Cycle:
2013-2014
Law Section:
Agriculture and Markets Law
Laws Affected:
Add §113-a, Ag & Mkts L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2409E
2009-2010: S5675B

Sponsor Memo

BILL NUMBER:S3537B

TITLE OF BILL: An act to amend the agriculture and markets law, in
relation to establishing and implementing training programs for dog
control officers

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to
develop a training program for dog control officers.

SUMMARY OF SPECIFIC PROVISIONS: The agriculture and markets law is
amended by adding a new section 113-a. This section requires the
department to establish and implement a training program for dog
control officers. Allows local governments to elect not to participate
in training program if the local government has a training program for
dog control officers that meets the appropriate requirements and is
approved by the department. Training is required to include, scope of
responsibilities for the dco, appropriate and humane handling, laws
regarding dog licensing and seizure, proper disposal of the remains of
an animal, identification and notification requirements of dog owners,
and other appropriate subject matter. Requires the department in
conjunction with appropriate animal care organization to approve at
least one model training program for dco's. Language is included to
offer intent for the training to be made available over the internet,
however if it is not the training program must be made available
across the State.Further this section allows the commissioner to
solicit funds both public and private to help carry out the provisions
of this section.

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 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.

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 immediately.

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

                                 3537--B

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 5, 2013
                               ___________

Introduced by Sens. GRISANTI, AVELLA, BOYLE, ESPAILLAT, GIPSON, HOYLMAN,
  SERRANO  --  read  twice  and  ordered printed, and when printed to be
  committed to the Committee on Agriculture -- 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  --  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 estab-
  lishing and implementing training programs for 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 113-a to read as follows:
  S 113-A. TRAINING PROGRAM FOR DOG CONTROL OFFICERS. 1. THE  DEPARTMENT
SHALL  ESTABLISH  AND IMPLEMENT A TRAINING PROGRAM FOR DOG CONTROL OFFI-
CERS.
  2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B) OR (C) OF THIS SUBDIVISION,
ANY PERSON APPOINTED BY A LOCAL GOVERNMENT  AS  A  DOG  CONTROL  OFFICER
SHALL  COMPLETE  A  COURSE  OF  TRAINING APPROVED BY THE DEPARTMENT. ANY
PERSON EMPLOYED ON THE EFFECTIVE DATE OF THIS SECTION AS A  DOG  CONTROL
OFFICER  SHALL  COMPLETE  THE  FIRST SUCH TRAINING PROGRAM NO LATER THAN
JANUARY FIRST, TWO THOUSAND FIFTEEN.  ANY  PERSON  APPOINTED  AFTER  THE
EFFECTIVE  DATE  OF THIS SECTION SHALL COMPLETE SUCH TRAINING BY JANUARY
FIRST, TWO THOUSAND FIFTEEN OR WITHIN ONE HUNDRED EIGHTY  DAYS  OF  SUCH
APPOINTMENT  WHICHEVER  IS  LATER.  DOCUMENTATION  THAT  SUCH PERSON HAS
COMPLETED SUCH TRAINING SHALL BE MAINTAINED BY THE LOCAL GOVERNMENT  AND
BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
  (B)   A   VETERINARIAN   LICENSED  PURSUANT  TO  ARTICLE  ONE  HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW  SHALL  BE  EXEMPT  FROM  THE  TRAINING
PROGRAM REQUIRED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05206-08-3

S. 3537--B                          2

  (C)  A  LOCAL  GOVERNMENT THAT EMPLOYS A DOG CONTROL OFFICER MAY ELECT
NOT TO PARTICIPATE IN THE TRAINING PROGRAM REQUIRED BY THIS  SECTION  IF
SUCH  LOCAL  GOVERNMENT  HAS A TRAINING PROGRAM FOR DOG CONTROL OFFICERS
THAT MEETS THE REQUIREMENTS SET  FORTH  IN  SUBDIVISION  THREE  OF  THIS
SECTION,  AND  IS  APPROVED  BY  THE DEPARTMENT. THE GOVERNING BODY OF A
LOCAL GOVERNMENT THAT ELECTS TO CONDUCT  ITS  OWN  DOG  CONTROL  OFFICER
PROGRAM  MUST  DO  SO  BY  ADOPTING  A RESOLUTION DECLARING THAT IT WILL
CONDUCT ITS OWN TRAINING PROGRAM AND PROVIDING SUCH  RESOLUTION  TO  THE
DEPARTMENT.
  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;
  (D)  THE  LAWS  AND RULES REGARDING SEARCH AND SEIZURE RELEVANT TO DOG
CONTROL OFFICERS;
  (E) PROPER DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
  (F) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
  (G) OTHER SUBJECT MATTER RELEVANT TO DOG CONTROL  OFFICERS  AS  DEEMED
NECESSARY OR APPROPRIATE BY THE COMMISSIONER.
  4.  GOVERNING BODIES OF LOCAL GOVERNMENTS SHALL TERMINATE THE APPOINT-
MENT OF ANY DOG CONTROL OFFICER  WHO  FAILS  TO  COMPLETE  THE  TRAINING
PROGRAM REQUIRED BY THIS SECTION.
  5.  THE  DEPARTMENT SHALL, IN CONSULTATION WITH INDIVIDUALS AND ORGAN-
IZATIONS INVOLVED WITH ANIMAL CARE AND  CONTROL  THAT  THE  COMMISSIONER
DEEMS APPROPRIATE, IDENTIFY AND APPROVE A MODEL TRAINING PROGRAM FOR DOG
CONTROL  OFFICERS TO MEET THE REQUIREMENTS OF SUBDIVISIONS TWO AND THREE
OF THIS SECTION THAT IS BOTH COST-EFFECTIVE AND ACCESSIBLE. THE  DEPART-
MENT SHALL MAKE INFORMATION ABOUT SUCH PROGRAM AVAILABLE UPON ITS INTER-
NET  WEBSITE.  SUCH PROGRAM MAY BE PROVIDED IN AN INTERNET-BASED FORMAT.
IF THE DEPARTMENT DOES NOT APPROVE AN INTERNET-BASED FORMAT, THE DEPART-
MENT SHALL ENSURE THAT THE TRAINING  PROGRAM  IS  AVAILABLE  IN  VARIOUS
REGIONS OF THE STATE IN ORDER TO ENSURE REASONABLE ACCESSIBILITY FOR DOG
CONTROL OFFICERS.
  6.  THE  DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES, REGULATIONS AND
STANDARDS FOR IMPLEMENTATION OF THE TRAINING PROGRAM INCLUDING RULES FOR
APPROVAL AND  IMPLEMENTATION  OF  LOCAL  TRAINING  PROGRAMS,  RULES  FOR
COMPLIANCE  BY  DOG  CONTROL  OFFICERS AND THE FREQUENCY WITH WHICH SUCH
OFFICERS SHALL BE REQUIRED TO COMPLETE THE TRAINING PROGRAM.
  7. THE COMMISSIONER MAY SOLICIT AND ACCEPT FUNDS FROM  ANY  PUBLIC  OR
PRIVATE SOURCE TO HELP CARRY OUT THE PROVISIONS OF THIS SECTION.
  S  2.  This act shall take effect immediately; provided that the addi-
tion, amendment and/or repeal of any rule or  regulation  necessary  for
the  implementation of this act on its effective date takes place within
eighteen months of the effective date.

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