S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    551
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2017
                                ___________
 
 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:
   §  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 NINETEEN. ANY  PERSON  APPOINTED  AFTER
 THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE SUCH TRAINING BY JANU-
 ARY  FIRST,  TWO  THOUSAND NINETEEN 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.
                                                            LBD04936-01-7
              

 A. 551                              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.
   § 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.