S T A T E O F N E W Y O R K
________________________________________________________________________
227
2015-2016 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2015
___________
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 SEVENTEEN. ANY PERSON APPOINTED AFTER
THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE SUCH TRAINING BY JANU-
ARY FIRST, TWO THOUSAND SEVENTEEN 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04303-01-5
A. 227 2
(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.
(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.