Senate Bill S2219

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

                                  2219

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 13, 2009
                               ___________

Introduced  by  Sen.  DIAZ  --  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  requir-
  ing all dogs and their owners to successfully complete basic obedience
  training

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 107 of the agriculture and markets
law, as amended by chapter 473 of the laws of 1995, is amended  to  read
as follows:
  1.  This article shall apply to all areas of the state except any city
having a population of over two million, except that the  provisions  in
this  article  relating to the animal population control program AND THE
PROVISIONS OF SECTION ONE HUNDRED THIRTEEN-A OF THIS  ARTICLE  shall  be
applicable to the entire state.
  S  2. Paragraph (d) of subdivision 1 of section 109 of the agriculture
and markets law, as amended by chapter 645  of  the  laws  of  1988,  is
amended to read as follows:
  (d) The application shall be accompanied by the license fee prescribed
by  section  one  hundred  ten  of  this article [and], a certificate of
rabies vaccination or statement in lieu thereof, as required by subdivi-
sion three of this section, AND, FOR OWNERS  AND  DOGS  SUBJECT  TO  THE
PROVISIONS  OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE, A CERTIF-
ICATE OF SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE.  In the case
of a spayed or neutered dog, every application shall also be accompanied
by a certificate signed by  a  licensed  veterinarian  or  an  affidavit
signed  by  the owner, showing that the dog has been spayed or neutered,
provided such certificate or affidavit shall not be required if the same
is already on file with the clerk or authorized dog control officer.  In
lieu  of the spay or neuter certificate an owner may present a statement
certified by a licensed veterinarian stating that he  has  examined  the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03995-01-9
              

S. 2219                             2

dog  and  found that because of old age or other reason, the life of the
dog would be endangered by spaying  or  neutering.  In  such  case,  the
license  fee  for  the dog shall be the same as for a spayed or neutered
dog  as  set  forth  in  paragraph (a) of subdivision one of section one
hundred ten of this article.
  S 3. Paragraph (d) of subdivision 2 of section 109 of the  agriculture
and markets law, as added by chapter 220 of the laws of 1978, is amended
to read as follows:
  (d) The application shall be accompanied by the license fee prescribed
by  section  one  hundred  ten  of  this article [and], a certificate of
rabies vaccination or statement in lieu thereof, as required by subdivi-
sion three of this section, AND, FOR OWNERS  AND  DOGS  SUBJECT  TO  THE
PROVISIONS  OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE, A CERTIF-
ICATE OF SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE.
  S 4. The agriculture and markets  law  is  amended  by  adding  a  new
section 113-a to read as follows:
  S  113-A.  OBEDIENCE  TRAINING; REQUIRED. 1. THE COMMISSIONER SHALL BY
RULE OR REGULATION ESTABLISH REQUIREMENTS FOR  BASIC  OBEDIENCE  COURSES
FOR  DOGS AND THEIR OWNERS WHICH MUST BE SUCCESSFULLY COMPLETED PURSUANT
TO THIS SECTION. SUCH REQUIREMENTS SHALL  INCLUDE  INSTRUCTION  FOR  THE
OWNER ON THE PRINCIPLES OF DOG TRAINING, AND INSTRUCTION ON AND PRACTICE
OF  OBEDIENCE  TRAINING  BY BOTH THE DOG AND ITS OWNER. FURTHERMORE, THE
COMMISSIONER SHALL ESTABLISH MINIMUM  REQUIREMENTS  FOR  THE  SUCCESSFUL
COMPLETION OF SUCH BASIC OBEDIENCE COURSES.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH REQUIREMENTS FOR DOG OBEDIENCE
SCHOOLS WHICH ARE AUTHORIZED TO PROVIDE THE BASIC DOG OBEDIENCE  COURSES
FOR DOGS AND THEIR OWNERS AS REQUIRED BY THIS SECTION.
  3.  THE  OWNER  OF  ANY  DOG REACHING THE AGE OF ONE YEAR SHALL, ON OR
BEFORE THE DATE SUCH DOG REACHES ONE YEAR OF AGE OR WITHIN  ONE  HUNDRED
EIGHTY  DAYS  OF  RECEIVING  OWNERSHIP  OF  SUCH DOG, WHICHEVER SHALL BE
LATER, SUCCESSFULLY COMPLETE, WITH HIS OR HER  DOG,  A  BASIC  OBEDIENCE
COURSE.
  4. UPON SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE FOR DOGS AND
THEIR  OWNERS, THE DOG OBEDIENCE SCHOOL SHALL ISSUE A CERTIFICATE TO THE
OWNER THAT HE OR SHE AND HIS OR HER DOG HAVE COMPLETED SUCH COURSE. UPON
PRESENTATION OF SUCH A CERTIFICATE TO A LICENSING CLERK BY THE OWNER  OF
A DOG, SUCH CLERK SHALL ISSUE, FREE OF CHARGE, TO THE DOG OWNER A YELLOW
METAL  TAG  WHICH  SHALL BE AFFIXED TO A COLLAR ON THE DOG AT ALL TIMES.
SUCH YELLOW METAL TAGS SHALL  BE  ISSUED  TO  LICENSING  CLERKS  BY  THE
DEPARTMENT.
  S  5.  Subdivision 1 of section 119 of the agriculture and markets law
is amended by adding a new paragraph (d) to read as follows:
  (D) ANY OWNER TO FAIL TO COMPLETE A BASIC OBEDIENCE COURSE WITH HIS OR
HER DOG PURSUANT TO SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE;
  S 6. This act shall take effect immediately,  provided  that  sections
two,  three  and  five of this act and subdivision 3 of section 113-a of
the agriculture and markets law, as added by section four of  this  act,
shall take effect one year after this act shall have become a law.