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.