Requires the establishment and implementation of a training program for dog control officers.
BILL NUMBER:S3537 REVISED 2/19/13
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 1st of 2013. Any person employed as a dog control officer shall complete the training.
PRIOR LEGISLATIVE HISTORY: Passed Assembly in 2009. S. 2409E Passed Senate in 2012
FISCAL IMPLICATIONS: None to the state.
EFFECTIVE DATE: This act shall take effect July 1, 2015, 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 ________________________________________________________________________ 3537 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________Introduced by Sen. GRISANTI -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture 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 FIFTEEN. 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;EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05206-01-3 S. 3537 2
(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, 2015, 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.