NY State Assembly Bill 2009-A7978

Archive: Last Bill Status - On Floor Calendar

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2010	amended on third reading 7978c
Jan 06, 2010	ordered to third reading cal.544 returned to assembly died in senate
Jun 22, 2009	referred to rules delivered to senate passed assembly
Jun 18, 2009	ordered to third reading rules cal.474 rules report cal.474 reported
Jun 17, 2009	reported referred to rules
Jun 09, 2009	print number 7978b
Jun 09, 2009	amend and recommit to ways and means reported referred to ways and means
Jun 03, 2009	print number 7978a
Jun 03, 2009	amend and recommit to agriculture
May 01, 2009	referred to agriculture

Bill Amendments

Original

C (Active)

2009-A7978 - Details

Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A369

2009-A7978 - Summary

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

2009-A7978 - Bill Text download pdf

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

                                  7978

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by  M. of A. HOYT -- read once and referred 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, 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.
  2. (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, ANY
PERSON  APPOINTED  AS A DOG CONTROL OFFICER SHALL, BEFORE APPOINTMENT OR
WITHIN ONE YEAR THEREAFTER, COMPLETE A COURSE OF  TRAINING  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
COMPLETE THE TRAINING AND TAKE AND PASS THE EXAMINATION  NO  LATER  THAN
JULY  FIRST,  TWO  THOUSAND TEN. THE TRAINING AND CERTIFICATION SHALL BE
AVAILABLE TO, BUT NOT REQUIRED FOR POLICE OFFICERS OR PEACE OFFICERS WHO
DEAL WITH ANIMAL CONTROL OR ANIMAL ABUSE ISSUES.
  (B) THE FOLLOWING PERSONS SHALL BE EXEMPT FROM THE  TRAINING  REQUIRED
BY  SUBDIVISION  ONE  OF THIS SECTION, BUT SHALL BE REQUIRED TO TAKE AND
PASS THE EXAMINATION:
  (1)  A  VETERINARIAN  LICENSED  PURSUANT  TO   ARTICLE   ONE   HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW; AND
  (2)  A  PERSON  WHO  IS  CERTIFIED  OR OTHERWISE APPROVED AS AN ANIMAL
CONTROL OR HUMANE OFFICER BY ANOTHER  STATE  AND  WHO  HAS  COMPLETED  A
COMPARABLE COURSE OF TRAINING.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11351-01-9

A. 7978                             2

  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, INCLUDING ASSESSMENT OF
BODY CONDITION, BEHAVIOR AND CIRCUMSTANCES IN WHICH THE ANIMAL IS  BEING
KEPT;
  (D) EVALUATION OF FACILITIES WHERE ANIMALS ARE KEPT, BRED OR HOUSED;
  (E)  EVIDENTIARY  ISSUES  INCLUDING THE COLLECTION AND PRESERVATION OF
EVIDENCE;
  (F) THE LAWS AND RULES REGARDING SEARCH AND SEIZURE;
  (G) COMMUNITY POLICING AND INTERACTION;
  (H) CRISIS INTERVENTION AND OFFICER 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;
  (L) DISPOSAL OF THE REMAINS OF DECEASED ANIMALS; AND
  (M) 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  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 January 1, 2010, provided that, effec-
tive  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.

2009-A7978A - Details

Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A369

2009-A7978A - Summary

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

2009-A7978A - Sponsor Memo

                                BILL NUMBER:A7978A

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

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.

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.   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 depart-
ment and shall take and pass an examination given by the department.  3.
Training program required by this section shall include training regard-
ing:  (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)  evalu-
ation  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 (m) 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) deter-
mine  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 training requirements  for
all dog control officers and the taking and passing of an examination of
all  dog control officers by July 1st of 2010.  Any person employed as a
dog control officer shall complete the training.

PRIOR LEGISLATIVE HISTORY: New bill

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

EFFECTIVE DATE:. July 1, 2010

2009-A7978A - Bill Text download pdf

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

                                 7978--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. HOYT, BARRON, COOK, MAYERSOHN -- Multi-Sponsored
  by -- M. of A.   BRENNAN, PHEFFER -- read once  and  referred  to  the
  Committee  on  Agriculture  --  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, 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.
  2. (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, ANY
PERSON  APPOINTED  AS A DOG CONTROL OFFICER SHALL, BEFORE APPOINTMENT OR
WITHIN ONE YEAR THEREAFTER, COMPLETE A COURSE OF  TRAINING  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
COMPLETE THE TRAINING AND TAKE AND PASS THE EXAMINATION  NO  LATER  THAN
DECEMBER  FIRST,  TWO THOUSAND TEN. THE TRAINING AND CERTIFICATION SHALL
BE AVAILABLE TO, BUT NOT REQUIRED FOR POLICE OFFICERS OR PEACE  OFFICERS
WHO DEAL WITH ANIMAL CONTROL OR ANIMAL ABUSE ISSUES.
  (B)  THE  FOLLOWING PERSONS SHALL BE EXEMPT FROM THE TRAINING REQUIRED
BY SUBDIVISION ONE OF THIS SECTION:
  (1)  A  VETERINARIAN  LICENSED  PURSUANT  TO   ARTICLE   ONE   HUNDRED
THIRTY-FIVE OF THE EDUCATION LAW; AND
  (2)  A  PERSON  WHO  IS  CERTIFIED  OR OTHERWISE APPROVED AS AN ANIMAL
CONTROL OR HUMANE OFFICER BY ANOTHER STATE THAT HAS COMPARABLE  TRAINING

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11351-02-9

A. 7978--A                          2

AND  CERTIFICATION  REQUIREMENTS  TO  THIS  STATE,  AS DETERMINED BY 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)  EVALUATION  OF  ANIMAL CRUELTY AND ABUSE, INCLUDING ASSESSMENT OF
BODY CONDITION, BEHAVIOR AND CIRCUMSTANCES IN WHICH THE ANIMAL IS  BEING
KEPT;
  (D) EVALUATION OF FACILITIES WHERE ANIMALS ARE KEPT, BRED OR HOUSED;
  (E)  EVIDENTIARY  ISSUES  INCLUDING THE COLLECTION AND PRESERVATION OF
EVIDENCE;
  (F) THE LAWS AND RULES REGARDING DOG LICENSING AND SEARCH AND SEIZURE;
  (G) COMMUNITY POLICING AND INTERACTION INCLUDING WORKING  WITH  ANIMAL
SHELTERS AND RESCUE ORGANIZATIONS;
  (H) CRISIS INTERVENTION AND OFFICER 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;
  (L) DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
  (M) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
  (N) 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, 2010, 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 and directed to be made and completed on  or  before
such effective date.

2009-A7978B - Details

Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A369

2009-A7978B - Summary

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

2009-A7978B - Sponsor Memo

2009-A7978B - Bill Text download pdf

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

                                 7978--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. HOYT, BARRON, COOK, MAYERSOHN -- Multi-Sponsored
  by -- M. of A.   BRENNAN, PHEFFER -- read once  and  referred  to  the
  Committee  on  Agriculture  --  committee  discharged,  bill  amended,
  ordered reprinted as amended and  recommitted  to  said  committee  --
  reported  and referred to the Committee on Ways and Means -- 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, BEFORE APPOINTMENT OR
WITHIN ONE YEAR THEREAFTER, COMPLETE A COURSE OF  TRAINING  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
COMPLETE THE TRAINING AND TAKE AND PASS THE EXAMINATION  NO  LATER  THAN
DECEMBER  FIRST,  TWO THOUSAND TEN. THE TRAINING AND CERTIFICATION SHALL
BE AVAILABLE TO, BUT NOT REQUIRED FOR POLICE OFFICERS 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.
                                                           LBD11351-04-9

A. 7978--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, 2010, 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 and directed to be made and completed on  or  before
such effective date.

2009-A7978C (ACTIVE) - Details

Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:: A369

2009-A7978C (ACTIVE) - Summary

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

2009-A7978C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A7978C

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

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.

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. 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 depart-
ment and shall take and pass an examination given by the department.  3.
Training program required by this section shall include training regard-
ing:  (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)  evalu-
ation  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) deter-
mine  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  2011.  Any
person employed as a dog control officer shall complete the training.

PRIOR LEGISLATIVE HISTORY: New bill

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

EFFECTIVE DATE: January 1, 2011

2009-A7978C (ACTIVE) - Bill Text download pdf

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

                                 7978--C
                                                        Cal. No. 544

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

Introduced  by M. of A. HOYT, BARRON, COOK, MAYERSOHN -- Multi-Sponsored
  by -- M. of A.  BRENNAN, JEFFRIES, PHEFFER, SCHIMEL -- read  once  and
  referred to the Committee on Agriculture -- committee discharged, bill
  amended,  ordered reprinted as amended and recommitted to said commit-
  tee -- reported and referred to the Committee on  Ways  and  Means  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported from committee, advanced  to
  a third reading, amended and ordered reprinted, retaining its place on
  the order of third reading

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, BEFORE  APPOINTMENT  OR
WITHIN  ONE  YEAR  THEREAFTER, COMPLETE A COURSE OF TRAINING 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
COMPLETE  THE  TRAINING  AND TAKE AND PASS THE EXAMINATION NO LATER THAN
DECEMBER FIRST, TWO THOUSAND  ELEVEN.  THE  TRAINING  AND  CERTIFICATION
SHALL  BE  AVAILABLE  TO,  BUT NOT REQUIRED FOR POLICE OFFICERS 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.

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

                                                           LBD11351-06-0

A. 7978--C                          2

  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.  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, 2011, 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 and directed to be made and completed on  or  before
such effective date.

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