Bill Text: NY A09382 | 2013-2014 | General Assembly | Introduced
Bill Title: Requires the establishment and implementation of a training program for dog control officers.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-04-23 - referred to agriculture [A09382 Detail]
Download: New_York-2013-A09382-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9382
I N A S S E M B L Y
April 23, 2014
___________
Introduced by M. of A. ROSENTHAL -- read once and referred to the
Committee on Agriculture
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:
1 Section 1. The agriculture and markets law is amended by adding a new
2 section 113-a to read as follows:
3 S 113-A. TRAINING PROGRAM FOR DOG CONTROL OFFICERS. 1. THE DEPARTMENT
4 SHALL ESTABLISH AND IMPLEMENT A TRAINING PROGRAM FOR DOG CONTROL OFFI-
5 CERS.
6 2. (A) EXCEPT AS PROVIDED IN PARAGRAPH (B), (C) OR (D) OF THIS SUBDI-
7 VISION, ANY PERSON APPOINTED BY A LOCAL GOVERNMENT AS A DOG CONTROL
8 OFFICER SHALL COMPLETE A COURSE OF TRAINING APPROVED BY THE DEPARTMENT.
9 ANY PERSON EMPLOYED ON THE EFFECTIVE DATE OF THIS SECTION AS A DOG
10 CONTROL OFFICER SHALL COMPLETE THE FIRST SUCH TRAINING PROGRAM NO LATER
11 THAN JANUARY FIRST, TWO THOUSAND SIXTEEN. ANY PERSON APPOINTED AFTER THE
12 EFFECTIVE DATE OF THIS SECTION SHALL COMPLETE SUCH TRAINING BY JANUARY
13 FIRST, TWO THOUSAND SIXTEEN OR WITHIN ONE HUNDRED EIGHTY DAYS OF SUCH
14 APPOINTMENT, WHICHEVER IS LATER. DOCUMENTATION THAT SUCH PERSON HAS
15 COMPLETED SUCH TRAINING SHALL BE MAINTAINED BY THE LOCAL GOVERNMENT AND
16 BE MADE AVAILABLE TO THE DEPARTMENT UPON REQUEST.
17 (B) ANY LOCAL GOVERNMENT, INCLUDING A LOCAL GOVERNMENT THAT PROVIDES
18 DOG CONTROL OFFICER SERVICES BY A CONTRACT PURSUANT TO SUBDIVISION TWO
19 OF SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, AND ANY INCORPORATED
20 HUMANE SOCIETY OR SIMILAR INCORPORATED DOG PROTECTIVE ASSOCIATION THAT
21 PROVIDES DOG CONTROL OFFICER SERVICES BY A CONTRACT WITH A LOCAL GOVERN-
22 MENT PURSUANT TO SUBDIVISION TWO OF SECTION ONE HUNDRED THIRTEEN OF
23 THIS ARTICLE IS RESPONSIBLE FOR ENSURING THAT THE DOG CONTROL TRAINING
24 REQUIRED BY THIS SECTION IS COMPLETED.
25 (C) A VETERINARIAN LICENSED PURSUANT TO ARTICLE ONE HUNDRED
26 THIRTY-FIVE OF THE EDUCATION LAW SHALL BE EXEMPT FROM THE TRAINING
27 PROGRAM REQUIRED BY THIS SECTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14751-01-4
A. 9382 2
1 (D) A LOCAL GOVERNMENT THAT EMPLOYS A DOG CONTROL OFFICER MAY ELECT
2 NOT TO PARTICIPATE IN THE TRAINING PROGRAM REQUIRED BY THIS SECTION IF
3 SUCH LOCAL GOVERNMENT HAS A TRAINING PROGRAM FOR DOG CONTROL OFFICERS
4 THAT MEETS THE REQUIREMENTS SET FORTH IN SUBDIVISION THREE OF THIS
5 SECTION, AND IS APPROVED BY THE DEPARTMENT. THE GOVERNING BODY OF A
6 LOCAL GOVERNMENT THAT ELECTS TO CONDUCT ITS OWN DOG CONTROL OFFICER
7 PROGRAM MUST DO SO BY ADOPTING A RESOLUTION DECLARING THAT IT WILL
8 CONDUCT ITS OWN TRAINING PROGRAM AND PROVIDING SUCH RESOLUTION TO THE
9 DEPARTMENT.
10 3. THE TRAINING PROGRAM REQUIRED BY THIS SECTION SHALL INCLUDE TRAIN-
11 ING REGARDING:
12 (A) THE SCOPE OF THE RESPONSIBILITIES OF THE DOG CONTROL OFFICER;
13 (B) APPROPRIATE AND HUMANE HANDLING OF ANIMALS, INCLUDING TRANSPORTING
14 ANIMALS SAFELY, GENERAL ANIMAL CONTROL AND PROPER METHODS FOR CAPTURING
15 ANIMALS;
16 (C) THE LAWS AND RULES REGARDING DOG LICENSING;
17 (D) THE LAWS AND RULES REGARDING SEARCH AND SEIZURE RELEVANT TO DOG
18 CONTROL OFFICERS;
19 (E) PROPER DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
20 (F) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
21 (G) OTHER SUBJECT MATTER RELEVANT TO DOG CONTROL OFFICERS AS DEEMED
22 NECESSARY OR APPROPRIATE BY THE COMMISSIONER.
23 4. THE DEPARTMENT SHALL, IN CONSULTATION WITH INDIVIDUALS AND ORGAN-
24 IZATIONS INVOLVED WITH ANIMAL CARE AND CONTROL THAT THE COMMISSIONER
25 DEEMS APPROPRIATE, IDENTIFY AND APPROVE A MODEL TRAINING PROGRAM FOR DOG
26 CONTROL OFFICERS TO MEET THE REQUIREMENTS OF SUBDIVISIONS TWO AND THREE
27 OF THIS SECTION THAT IS BOTH COST-EFFECTIVE AND ACCESSIBLE. THE DEPART-
28 MENT SHALL MAKE INFORMATION ABOUT SUCH PROGRAM AVAILABLE UPON ITS INTER-
29 NET WEBSITE. SUCH PROGRAM MAY BE PROVIDED IN AN INTERNET-BASED FORMAT.
30 IF THE DEPARTMENT DOES NOT APPROVE AN INTERNET-BASED FORMAT, THE DEPART-
31 MENT SHALL ENSURE THAT THE TRAINING PROGRAM IS AVAILABLE IN VARIOUS
32 REGIONS OF THE STATE IN ORDER TO ENSURE REASONABLE ACCESSIBILITY FOR DOG
33 CONTROL OFFICERS.
34 5. THE DEPARTMENT IS AUTHORIZED TO PROMULGATE RULES, REGULATIONS AND
35 STANDARDS FOR IMPLEMENTATION OF THE TRAINING PROGRAM INCLUDING RULES FOR
36 APPROVAL AND IMPLEMENTATION OF LOCAL TRAINING PROGRAMS, RULES FOR
37 COMPLIANCE BY DOG CONTROL OFFICERS AND THE FREQUENCY WITH WHICH SUCH
38 OFFICERS SHALL BE REQUIRED TO COMPLETE THE TRAINING PROGRAM.
39 6. THE COMMISSIONER OR ANY LOCAL GOVERNMENT THAT ESTABLISHES ITS OWN
40 TRAINING PROGRAM MAY SOLICIT AND ACCEPT FUNDS FROM ANY PRIVATE SOURCE OR
41 FROM ANY DULY INCORPORATED NOT-FOR-PROFIT HUMANE SOCIETY, SOCIETY FOR
42 THE PREVENTION OF CRUELTY TO ANIMALS OR ANIMAL PROTECTIVE ASSOCIATION TO
43 CARRY OUT THE TRAINING PROVISIONS OF THIS SECTION.
44 S 2. This act shall take effect immediately; provided that the addi-
45 tion, amendment and/or repeal of any rule or regulation necessary for
46 the implementation of this act on its effective date takes place within
47 eighteen months of the effective date.
