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

---

S2409D-2011 Actions

• May 21, 2012: referred to agriculture
• May 21, 2012: DELIVERED TO ASSEMBLY
• May 21, 2012: PASSED SENATE
• May 15, 2012: AMENDED ON THIRD READING 2409E
• May 7, 2012: ADVANCED TO THIRD READING
• May 2, 2012: 2ND REPORT CAL.
• May 1, 2012: 1ST REPORT CAL.662
• Mar 6, 2012: REPORTED AND COMMITTED TO FINANCE
• Jan 5, 2012: PRINT NUMBER 2409D
• Jan 5, 2012: AMEND AND RECOMMIT TO AGRICULTURE
• Jan 4, 2012: REFERRED TO AGRICULTURE
• Jan 4, 2012: returned to senate
• Jan 4, 2012: died in assembly
• Jun 14, 2011: referred to agriculture
• Jun 14, 2011: DELIVERED TO ASSEMBLY
• Jun 14, 2011: PASSED SENATE
• Jun 14, 2011: ORDERED TO THIRD READING CAL.1205
• Jun 13, 2011: COMMITTEE DISCHARGED AND COMMITTED TO RULES
• Jun 7, 2011: PRINT NUMBER 2409C
• Jun 7, 2011: AMEND AND RECOMMIT TO FINANCE
• Jun 6, 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

S2409D-2011 Meetings

Agriculture: Mar 6, 2012, Finance: May 1, 2012

S2409D-2011 Calendars

Active List: May 14, 2012 , Floor Calendar: May 2, 2012 , Floor Calendar: May 7, 2012 , Floor Calendar: May 8, 2012 , Floor Calendar: May 9, 2012 , Floor Calendar: May 14, 2012 , Floor Calendar: May 15, 2012

S2409D-2011 Votes

S2409D-2011 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.

S2409D-2011 Text

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

                                   2409--D

                         2011-2012 Regular Sessions

                              I N  SENATE

                              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.