S T A T E   O F   N E W   Y O R K
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                                  9382

                          I N  A S S E M B L Y

                             April 23, 2014
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing and implementing training programs for dog control officers

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

  Section 1. The agriculture and markets law is amended by adding a  new
section 113-a to read as follows:
  S  113-A. TRAINING PROGRAM FOR DOG CONTROL OFFICERS. 1. THE DEPARTMENT
SHALL ESTABLISH AND IMPLEMENT A TRAINING PROGRAM FOR DOG  CONTROL  OFFI-
CERS.
  2.  (A) EXCEPT AS PROVIDED IN PARAGRAPH (B), (C) OR (D) OF THIS SUBDI-
VISION, ANY PERSON APPOINTED BY A LOCAL  GOVERNMENT  AS  A  DOG  CONTROL
OFFICER  SHALL COMPLETE A COURSE OF TRAINING APPROVED BY THE DEPARTMENT.
ANY PERSON EMPLOYED ON THE EFFECTIVE DATE  OF  THIS  SECTION  AS  A  DOG
CONTROL  OFFICER SHALL COMPLETE THE FIRST SUCH TRAINING PROGRAM NO LATER
THAN JANUARY FIRST, TWO THOUSAND SIXTEEN. ANY PERSON APPOINTED AFTER THE
EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE SUCH TRAINING  BY  JANUARY
FIRST,  TWO  THOUSAND  SIXTEEN OR WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH
APPOINTMENT, WHICHEVER IS LATER.  DOCUMENTATION  THAT  SUCH  PERSON  HAS
COMPLETED  SUCH TRAINING SHALL BE MAINTAINED BY THE LOCAL GOVERNMENT AND
BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
  (B) ANY LOCAL GOVERNMENT, INCLUDING A LOCAL GOVERNMENT  THAT  PROVIDES
DOG  CONTROL  OFFICER SERVICES BY A CONTRACT PURSUANT TO SUBDIVISION TWO
OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE,  AND  ANY  INCORPORATED
HUMANE  SOCIETY  OR SIMILAR INCORPORATED DOG PROTECTIVE ASSOCIATION THAT
PROVIDES DOG CONTROL OFFICER SERVICES BY A CONTRACT WITH A LOCAL GOVERN-
MENT PURSUANT TO SUBDIVISION TWO OF SECTION ONE  HUNDRED    THIRTEEN  OF
THIS  ARTICLE  IS RESPONSIBLE FOR ENSURING THAT THE DOG CONTROL TRAINING
REQUIRED BY THIS SECTION IS COMPLETED.
  (C)  A  VETERINARIAN  LICENSED  PURSUANT  TO   ARTICLE   ONE   HUNDRED
THIRTY-FIVE  OF  THE  EDUCATION  LAW  SHALL  BE EXEMPT FROM THE TRAINING
PROGRAM REQUIRED BY THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14751-01-4
              

A. 9382                             2

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