NY State Senate Bill 2009-S5675

Archive: Last Bill Status - In Senate Committee Agriculture Committee

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 22, 2010	print number 5675b
Jan 22, 2010	amend and recommit to agriculture
Jan 06, 2010	referred to agriculture
Jun 08, 2009	print number 5675a
Jun 08, 2009	amend and recommit to agriculture
May 27, 2009	referred to agriculture

Bill Amendments

Original

B (Active)

2009-S5675 - Details

Current Committee:: Senate Agriculture
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2409
2013-2014: S3537

2009-S5675 - Summary

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

2009-S5675 - Sponsor Memo

                                 BILL NUMBER:  S5675

 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.

 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 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 o f
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) 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 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 :
January 1, 2010

2009-S5675 - Bill Text download pdf

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

                                  5675

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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, 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

S. 5675                             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-S5675A - Details

Current Committee:: Senate Agriculture
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2409
2013-2014: S3537

2009-S5675A - Summary

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

2009-S5675A - Sponsor Memo

2009-S5675A - Bill Text download pdf

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

                                 5675--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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

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:
  (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.
                                                           LBD11351-05-9

S. 5675--A                          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. 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-S5675B (ACTIVE) - Details

Current Committee:: Senate Agriculture
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2409
2013-2014: S3537

2009-S5675B (ACTIVE) - Summary

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

2009-S5675B (ACTIVE) - Sponsor Memo

2009-S5675B (ACTIVE) - Bill Text download pdf

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

                                 5675--B

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                              May 27, 2009
                               ___________

Introduced  by Sen. THOMPSON -- 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  -- 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 commit-
  tee

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.
  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.
                                                           LBD11351-07-0

S. 5675--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, 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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Senate Bill S5675

Sponsored By

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2009-S5675 - Details

2009-S5675 - Summary

2009-S5675 - Sponsor Memo

2009-S5675 - Bill Text download pdf

2009-S5675A - Details

2009-S5675A - Summary

2009-S5675A - Sponsor Memo

2009-S5675A - Bill Text download pdf

2009-S5675B (ACTIVE) - Details

2009-S5675B (ACTIVE) - Summary

2009-S5675B (ACTIVE) - Sponsor Memo

2009-S5675B (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Antoine M. Thompson

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Actions

Bill Amendments

2009-S5675 - Details

2009-S5675 - Summary

2009-S5675 - Sponsor Memo

2009-S5675 - Bill Text download pdf

2009-S5675A - Details

2009-S5675A - Summary

2009-S5675A - Sponsor Memo

2009-S5675A - Bill Text download pdf

2009-S5675B (ACTIVE) - Details

2009-S5675B (ACTIVE) - Summary

2009-S5675B (ACTIVE) - Sponsor Memo

2009-S5675B (ACTIVE) - Bill Text download pdf

Comments