Requires the establishment and implementation of a training program for dog control officers.
TITLE OF BILL: An act to amend the agriculture and markets law, in relation to establishing and implementing training programs for dog control officers
PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to develop a training program for dog control officers.
SUMMARY OF SPECIFIC PROVISIONS: The agriculture and markets law is amended by adding a new section 113-a. This section requires the department to establish and implement a training program for dog control officers. Allows local governments to elect not to participate in training program if the local government has a training program for dog control officers that meets the appropriate requirements and is approved by the department. Training is required to include, scope of responsibilities for the dco, appropriate and humane handling, laws regarding dog licensing and seizure, proper disposal of the remains of an animal, identification and notification requirements of dog owners, and other appropriate subject matter. Requires the department in conjunction with appropriate animal care organization to approve at least one model training program for dco's. Language is included to offer intent for the training to be made available over the internet, however if it is not the training program must be made available across the State.Further this section allows the commissioner to solicit funds both public and private to help carry out the provisions of this section.
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 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.
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 immediately.
STATE OF NEW YORK ________________________________________________________________________ 3537--B 2013-2014 Regular Sessions IN SENATE February 5, 2013 ___________Introduced by Sens. GRISANTI, AVELLA, BOYLE, ESPAILLAT, GIPSON, HOYLMAN, SERRANO -- read twice and ordered printed, and when printed to be committed to the Committee on Agriculture -- 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 -- 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 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) OR (C) OF THIS SUBDIVISION, 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 FIFTEEN. ANY PERSON APPOINTED AFTER THE EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE SUCH TRAINING BY JANUARY FIRST, TWO THOUSAND FIFTEEN 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) 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.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05206-08-3 S. 3537--B 2
(C) 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. GOVERNING BODIES OF LOCAL GOVERNMENTS SHALL TERMINATE THE APPOINT- MENT OF ANY DOG CONTROL OFFICER WHO FAILS TO COMPLETE THE TRAINING PROGRAM REQUIRED BY THIS SECTION. 5. 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. 6. 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. 7. THE COMMISSIONER MAY SOLICIT AND ACCEPT FUNDS FROM ANY PUBLIC OR PRIVATE SOURCE TO HELP CARRY OUT THE 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.