Bill S61-2011

Requires all dogs and their owners to successfully complete obedience training

Requires all dogs and their owners to successfully complete obedience training.

Details

Actions

  • Jan 4, 2012: REFERRED TO AGRICULTURE
  • Mar 30, 2011: DEFEATED IN AGRICULTURE
  • Feb 22, 2011: NOTICE OF COMMITTEE CONSIDERATION - REQUESTED
  • Jan 5, 2011: REFERRED TO AGRICULTURE

Meetings

Votes

VOTE: COMMITTEE VOTE: - Agriculture - Mar 30, 2011
Ayes W/R (1): Huntley
Nays (9): Ritchie, Gallivan, O'Mara, Ranzenhofer, Seward, Young, Kennedy, Avella, Valesky

Memo

BILL NUMBER:S61            REVISED 12/30/11

TITLE OF BILL:

An act to amend the agriculture and markets law, in relation to requiring all dogs and their owners to successfully complete basic obedience training

PURPOSE:

To require all dogs and their owners to successfully complete obedience training.

SUMMARY OF PROVISIONS:

Section 1 Amends Section 107 (1) of the Agriculture and Markets Law that the requirements for basic obedience courses for dogs and their owners shall apply to the entire state.

Section 2 Amends Section 109 (1) (d) of the Agriculture and Markets Law to require a certificate that documents successful completion of a basic obedience course.

Section 3 Amends the Agriculture and Markets Law by adding a new section l13-a to provide that the Commissioner shall establish by rule or regulation requirements for basic obedience courses for dogs and their owners which must be successfully completed pursuant to this section. Such requirements shall include instruction for the owner on the principles of dog training, and instructions on and practice of obedience training by both the dog and its owner. Specifies that a certificate shall be issued upon successful completion of such training.

Section 4 Amends Section 118 (1) (g) of the Agriculture and Markets Law and adds a new paragraph (h) to allow a dog to be seized should any owner fail to complete a basic obedience course with his or her dog.

Section 5 - Effective Date

JUSTIFICATION: The goal of this bill is: to minimize vicious dog attacks, the destruction of property and unnecessary human or canine deaths; to better acquaint dog owners with their dogs; to teach dog owners proper obedience techniques, which will help owners to have better control of their dogs; and to minimize aggressive dog behavior and negligent dog owner behavior.

PRIOR LEGISLATIVE HISTORY:

2011: S.61 - Defeated in Agriculture 2009-2010: S.2219 - Referred to Agriculture

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately, provided that sections two and four of this act and subdivision 3 of section 113-a of the agriculture and markets law, as added by section three of this act, shall take effect one year after this act shall have become law; provided, further that if part T of chapter 59 of the laws of 20 10 is not yet in effect, then sections one, two and four of this act shall take effect on the same date and in the same manner as such chapter, as amended, takes effect.


Text

STATE OF NEW YORK ________________________________________________________________________ 61 2011-2012 Regular Sessions IN SENATE (PREFILED) January 5, 2011 ___________
Introduced by Sen. DIAZ -- 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 requir- ing all dogs and their owners to successfully complete basic obedience training THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 107 of the agriculture and markets law, as amended by section 1 of part T of chapter 59 of the laws of 2010, is amended to read as follows: 1. This article shall apply to all areas of the state except any city having a population of over two million, EXCEPT THAT THE PROVISIONS OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE SHALL BE APPLICABLE TO THE ENTIRE STATE. S 2. Paragraph (d) of subdivision 1 of section 109 of the agriculture and markets law, as amended by section 4 of part T of chapter 59 of the laws of 2010, is amended to read as follows: (d) The application shall be accompanied by the license fee prescribed by section one hundred ten of this article [and], a certificate of rabies vaccination or statement in lieu thereof, as required by subdivi- sion two of this section, AND, FOR OWNERS AND DOGS SUBJECT TO THE PROVISIONS OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE, A CERTIF- ICATE OF SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered, provided such certificate or affidavit shall not be required if the same is already on file with the clerk or authorized dog control officer. In lieu of the spay or neuter certificate an owner may present a statement certified by a licensed veterinarian stating that he has examined the
dog and found that because of old age or other reason, the life of the dog would be endangered by spaying or neutering. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in subdivision one of section one hundred ten of this article. S 3. The agriculture and markets law is amended by adding a new section 113-a to read as follows: S 113-A. OBEDIENCE TRAINING; REQUIRED. 1. THE COMMISSIONER SHALL BY RULE OR REGULATION ESTABLISH REQUIREMENTS FOR BASIC OBEDIENCE COURSES FOR DOGS AND THEIR OWNERS WHICH MUST BE SUCCESSFULLY COMPLETED PURSUANT TO THIS SECTION. SUCH REQUIREMENTS SHALL INCLUDE INSTRUCTION FOR THE OWNER ON THE PRINCIPLES OF DOG TRAINING, AND INSTRUCTION ON AND PRACTICE OF OBEDIENCE TRAINING BY BOTH THE DOG AND ITS OWNER. FURTHERMORE, THE COMMISSIONER SHALL ESTABLISH MINIMUM REQUIREMENTS FOR THE SUCCESSFUL COMPLETION OF SUCH BASIC OBEDIENCE COURSES. 2. THE COMMISSIONER SHALL ESTABLISH REQUIREMENTS FOR DOG OBEDIENCE SCHOOLS WHICH ARE AUTHORIZED TO PROVIDE THE BASIC DOG OBEDIENCE COURSES FOR DOGS AND THEIR OWNERS AS REQUIRED BY THIS SECTION. 3. THE OWNER OF ANY DOG REACHING THE AGE OF ONE YEAR SHALL, ON OR BEFORE THE DATE SUCH DOG REACHES ONE YEAR OF AGE OR WITHIN ONE HUNDRED EIGHTY DAYS OF RECEIVING OWNERSHIP OF SUCH DOG, WHICHEVER SHALL BE LATER, SUCCESSFULLY COMPLETE, WITH HIS OR HER DOG, A BASIC OBEDIENCE COURSE. 4. UPON SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE FOR DOGS AND THEIR OWNERS, THE DOG OBEDIENCE SCHOOL SHALL ISSUE A CERTIFICATE TO THE OWNER THAT HE OR SHE AND HIS OR HER DOG HAVE COMPLETED SUCH COURSE. UPON PRESENTATION OF SUCH A CERTIFICATE TO A LICENSING CLERK BY THE OWNER OF A DOG, SUCH CLERK SHALL ISSUE, FREE OF CHARGE, TO THE DOG OWNER A YELLOW METAL TAG WHICH SHALL BE AFFIXED TO A COLLAR ON THE DOG AT ALL TIMES. SUCH YELLOW METAL TAGS SHALL BE ISSUED TO LICENSING CLERKS BY THE DEPARTMENT. S 4. Paragraph (g) of subdivision 1 of section 118 of the agriculture and markets law, as added by section 14 of part T of chapter 59 of the laws of 2010, is amended and a new paragraph (h) is added to read as follows: (g) any owner of a dog to fail to notify the municipality in which his or her dog is licensed of any change of ownership or address as required by section one hundred twelve of this article[.]; (H) ANY OWNER TO FAIL TO COMPLETE A BASIC OBEDIENCE COURSE WITH HIS OR HER DOG PURSUANT TO SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE. S 5. This act shall take effect immediately, provided that sections two and four of this act and subdivision 3 of section 113-a of the agri- culture and markets law, as added by section three of this act, shall take effect one year after this act shall have become a law; provided, further that if part T of chapter 59 of the laws of 2010 is not yet in effect, then sections one, two and four of this act shall take effect on the same date and in the same manner as such chapter, as amended, takes effect.

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