Provides for the training, examination and certification of dog control officers.
Ayes (59): Adams, Addabbo, Alesi, Avella, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Duane, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Gianaris, Golden, Griffo, Grisanti, Hannon, Hassell-Thomps, Johnson, Kennedy, Klein, Krueger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Montgomery, Nozzolio, O'Mara, Oppenheimer, Parker, Peralta, Perkins, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stavisky, Stewart-Cousin, Valesky, Young, Zeldin
Excused (2): Huntley, Rivera
BILL NUMBER:S2409E REVISED 05/21/12
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 shall develop a training, examination and certification program for dog control officers. This training shall apply to any locality that enacts such a requirement. After such enactment, any person appointed as a dog control officer shall complete a training course approved by the department and shall take and pass an examination given by the department. The training program required by this section shall include training regarding: the scope and responsibilities of the dog control officer; appropriate and humane handling of animals and general animal control; dog licensure and search and seizure; crisis intervention and officer safety; identification of resources to house animals while a criminal case is resolved; report writing and courtroom testimony; disposal of the remains of deceased animals; and identification and notification of an animal's owner. The governing body of a political subdivision that appoints a dog control officer who fails to obtain a required certification within the required time shall terminate the appointment. This program would also be available to, but not required for, police officers and peace officers who deal with animal control or animal abuse issues. The department shall 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 training program for dog control officers that localities may choose to adopt at no cost to them.
PRIOR LEGISLATIVE HISTORY: Passed Assembly in 2009.
FISCAL IMPLICATIONS: Minimal to the state.
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.
STATE OF NEW YORK ________________________________________________________________________ 2409--E Cal. No. 662 2011-2012 Regular Sessions IN 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 -- reported favorably from said commit- tee and committed to the Committee on Finance -- reported favorably from said committee, ordered to first and second report, ordered to a third reading, amended and ordered reprinted, retaining its place in the order of third reading 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 POLITICALEXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01150-08-2 S. 2409--E 2
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- 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; AND (C) 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.