NY State Senate Bill 2011-S2409

Archive: Last Bill Status - In Assembly 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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 21, 2012	referred to agriculture delivered to assembly passed senate
May 15, 2012	amended on third reading 2409e
May 07, 2012	advanced to third reading
May 02, 2012	2nd report cal.
May 01, 2012	1st report cal.662
Mar 06, 2012	reported and committed to finance
Jan 05, 2012	print number 2409d
Jan 05, 2012	amend and recommit to agriculture
Jan 04, 2012	referred to agriculture returned to senate died in assembly
Jun 14, 2011	referred to agriculture delivered to assembly passed senate ordered to third reading cal.1205
Jun 13, 2011	committee discharged and committed to rules
Jun 07, 2011	print number 2409c
Jun 07, 2011	amend and recommit to finance
Jun 06, 2011	reported and committed to finance
May 31, 2011	print number 2409b
May 31, 2011	amend and recommit to agriculture
Mar 28, 2011	print number 2409a
Mar 28, 2011	amend and recommit to agriculture
Jan 20, 2011	referred to agriculture

Votes

- May 21, 2012 - Floor Vote
  S2409
  
  Aye
  
  59
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  2
  
  Abstained
  
  0
  - - Floor Vote: May 21, 2012
      
      aye (59)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Huntley
      
      Rivera
  Jun 14, 2011 - Floor Vote
  S2409
  
  Aye
  
  62
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Floor Vote: Jun 14, 2011
      
      aye (62)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Avella
      
      Ball
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espaillat
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Kennedy
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Martins
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Nozzolio
      
      O'Mara
      
      Oppenheimer
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      Zeldin
  Jun 14, 2011 - Rules Committee Vote
  S2409
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Rules Committee Vote: Jun 14, 2011
      
      aye (22)
      
      Alesi
      
      Breslin
      
      Dilan
      
      Duane
      
      Farley
      
      Hannon
      
      Hassell-Thompson
      
      Johnson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Marcellino
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Sampson
      
      Skelos
      
      Smith
      
      Stewart-Cousins
      
      aye wr (2)
      
      Saland
      
      Seward
  May 1, 2012 - Finance Committee Vote
  S2409
  
  Aye
  
  31
  
  Nay
  
  1
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  1
  
  Abstained
  
  0
  - - Finance Committee Vote: May 1, 2012
      
      aye (31)
      
      Alesi
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Farley
      
      Flanagan
      
      Fuschillo
      
      Gianaris
      
      Golden
      
      Griffo
      
      Johnson
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Oppenheimer
      
      Peralta
      
      Perkins
      
      Rivera
      
      Robach
      
      Saland
      
      Seward
      
      Squadron
      
      Stavisky
      
      Young
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Little
      
      Stewart-Cousins
      
      excused (1)
      
      Hannon
  Mar 6, 2012 - Agriculture Committee Vote
  S2409
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Agriculture Committee Vote: Mar 6, 2012
      
      aye (8)
      
      Avella
      
      Huntley
      
      Kennedy
      
      O'Mara
      
      Ranzenhofer
      
      Seward
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Gallivan
      
      Ritchie
  Jun 6, 2011 - Agriculture Committee Vote
  S2409
  
  Aye
  
  8
  
  Nay
  
  0
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Agriculture Committee Vote: Jun 6, 2011
      
      aye (8)
      
      Avella
      
      Gallivan
      
      Huntley
      
      Kennedy
      
      O'Mara
      
      Seward
      
      Valesky
      
      Young
      
      aye wr (2)
      
      Ranzenhofer
      
      Ritchie

Bill Amendments

Original

E (Active)

2011-S2409 - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409 - Summary

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

2011-S2409 - Sponsor Memo

                                BILL NUMBER:S2409

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 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 15, of 2013. Any person employed as a dog control officer shall
complete the training.

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

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

EFFECTIVE DATE:
This act shall take effect July 1, 2013, 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.

2011-S2409 - Bill Text download pdf

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

                                  2409

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

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 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:
  (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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-01-1

S. 2409                             2

  (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, 2013, 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.

2011-S2409A - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409A - Summary

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

2011-S2409A - Sponsor Memo

                                BILL NUMBER:S2409A

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 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 15, of 2013. Any person employed as a
dog control officer shall complete the training.

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

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

EFFECTIVE DATE:
This act shall take effect July 1, 2013, 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.

2011-S2409A - Bill Text download pdf

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

                                 2409--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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 THIRTEEN. 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.
                                                           LBD01150-02-1

S. 2409--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, 2013, 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.

2011-S2409B - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409B - Summary

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

2011-S2409B - Sponsor Memo

                                BILL NUMBER:S2409B

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

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

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

 EFFECTIVE DATE:
This act shall take effect July 1, 2013, 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.

2011-S2409B - Bill Text download pdf

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

                                 2409--B

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  --  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, 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  THIRTEEN.  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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-04-1

S. 2409--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, 2013, 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.

2011-S2409C - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409C - Summary

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

2011-S2409C - Sponsor Memo

                                BILL NUMBER:S2409C

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

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

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

EFFECTIVE DATE:
This act shall take effect July 1, 2013, 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.

2011-S2409C - Bill Text download pdf

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

                                 2409--C

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  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

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  THIRTEEN.  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-05-1

S. 2409--C                          2

  (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;
  (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;
  (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, 2013, 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.

2011-S2409D - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409D - Summary

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

2011-S2409D - Sponsor Memo

                                BILL NUMBER:S2409D

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

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

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

EFFECTIVE DATE:
This act shall take effect July 1, 2014,
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.

2011-S2409D - Bill Text download pdf

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

                                 2409--D

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  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  --  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 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 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  FOURTEEN. THE TRAINING AND
CERTIFICATION SHALL BE AVAILABLE TO, BUT NOT REQUIRED FOR  POLICE  OFFI-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01150-07-2

S. 2409--D                          2

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;
  (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;
  (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, 2014, 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.

2011-S2409E (ACTIVE) - Details

See Assembly Version of this Bill:: A369
Current Committee:: Assembly Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Add §114-a, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S5675, A7978
2013-2014: S3537

2011-S2409E (ACTIVE) - Summary

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

2011-S2409E (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2409E              REVISED 05/21/12

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 shall develop a  training,  examination  and  certification
program  for  dog  control  officers. This training shall apply to any
locality that enacts such a requirement.  After  such  enactment,  any
person  appointed  as  a dog control officer shall complete a training
course  approved  by  the  department  and  shall  take  and  pass  an
examination  given by the department. The training program required by
this  section  shall  include  training  regarding:  the   scope   and
responsibilities  of  the  dog control officer; appropriate and humane
handling of animals and general  animal  control;  dog  licensure  and
search   and   seizure;   crisis   intervention  and  officer  safety;
identification of resources to house animals while a criminal case  is

resolved;  report  writing  and  courtroom  testimony; disposal of the
remains of deceased animals; and identification and notification of an
animal's owner.  The governing body of a  political  subdivision  that
appoints  a  dog  control  officer  who  fails  to  obtain  a required
certification  within  the   required   time   shall   terminate   the
appointment. This program would also be available to, but not required
for,  police  officers and peace officers who deal with animal control
or animal abuse issues. The department shall 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  training  program  for  dog  control
officers that localities may choose to adopt at no cost to them.

PRIOR LEGISLATIVE HISTORY:
Passed Assembly in 2009.

FISCAL IMPLICATIONS:
Minimal to the state.

EFFECTIVE DATE:


This  act  shall  take  effect  July 1, 2014, 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.

2011-S2409E (ACTIVE) - Bill Text download pdf

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

                                 2409--E
    Cal. No. 662

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 20, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  --  committee  discharged,  bill amended, ordered
  reprinted as amended and recommitted to  said  committee  --  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  --  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 committee -- reported favorably from said  commit-
  tee  and  committed  to the Committee on Finance -- reported favorably
  from said committee, ordered to first and second report, ordered to  a
  third  reading,  amended and ordered reprinted, retaining its place in
  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 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

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

                                                           LBD01150-08-2

S. 2409--E                          2

SUBDIVISION, COMPLETE THE TRAINING AND TAKE AND PASS THE EXAMINATION  NO
LATER  THAN  DECEMBER  FIRST,  TWO  THOUSAND  FOURTEEN. 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;
  (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, 2014, 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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Archive: Last Bill Status - In Assembly Committee

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