Bill Text: NY A07978 | 2009-2010 | General Assembly | Amended

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Bill Title: Provides for the training, examination and certification of dog control officers.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Engrossed - Dead) 2010-01-12 - amended on third reading 7978c [A07978 Detail]

Download: New_York-2009-A07978-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7978--C
                                                               Cal. No. 544
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      May 1, 2009
                                      ___________
       Introduced  by M. of A. HOYT, BARRON, COOK, MAYERSOHN -- Multi-Sponsored
         by -- M. of A.  BRENNAN, JEFFRIES, PHEFFER, SCHIMEL -- read  once  and
         referred to the Committee on Agriculture -- committee discharged, bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee -- reported and referred to the Committee on  Ways  and  Means  --
         committee  discharged,  bill amended, ordered reprinted as amended and
         recommitted to said committee -- reported from committee, advanced  to
         a third reading, amended and ordered reprinted, retaining its place on
         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:
    1    Section  1. The agriculture and markets law is amended by adding a new
    2  section 114-a to read as follows:
    3    S 114-A. TRAINING AND CERTIFICATION OF DOG CONTROL OFFICERS. 1.    THE
    4  DEPARTMENT  SHALL  DEVELOP  A  TRAINING,  EXAMINATION  AND CERTIFICATION
    5  PROGRAM FOR DOG CONTROL OFFICERS, POLICE OFFICERS AND PEACE OFFICERS WHO
    6  DEAL WITH ANIMAL CONTROL OR ANIMAL ABUSE ISSUES.
    7    2. (A) EXCEPT AS IS PROVIDED IN PARAGRAPH (B) OF THIS SUBDIVISION, ANY
    8  PERSON APPOINTED AS A DOG CONTROL OFFICER SHALL, BEFORE  APPOINTMENT  OR
    9  WITHIN  ONE  YEAR  THEREAFTER, COMPLETE A COURSE OF TRAINING APPROVED BY
   10  THE DEPARTMENT AND SHALL TAKE AND  PASS  AN  EXAMINATION  GIVEN  BY  THE
   11  DEPARTMENT. ANY PERSON CURRENTLY EMPLOYED AS A DOG CONTROL OFFICER SHALL
   12  COMPLETE  THE  TRAINING  AND TAKE AND PASS THE EXAMINATION NO LATER THAN
   13  DECEMBER FIRST, TWO THOUSAND  ELEVEN.  THE  TRAINING  AND  CERTIFICATION
   14  SHALL  BE  AVAILABLE  TO,  BUT NOT REQUIRED FOR POLICE OFFICERS OR PEACE
   15  OFFICERS WHO DEAL WITH ANIMAL CONTROL OR ANIMAL ABUSE ISSUES.
   16    (B)  A  VETERINARIAN  LICENSED  PURSUANT  TO   ARTICLE   ONE   HUNDRED
   17  THIRTY-FIVE  OF  THE  EDUCATION  LAW  SHALL  BE EXEMPT FROM THE TRAINING
   18  REQUIRED BY SUBDIVISION ONE OF THIS SECTION.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11351-06-0
       A. 7978--C                          2
    1    3. THE TRAINING PROGRAM REQUIRED BY THIS SECTION SHALL INCLUDE  TRAIN-
    2  ING REGARDING:
    3    (A) THE SCOPE OF THE RESPONSIBILITIES OF THE DOG CONTROL OFFICER;
    4    (B) APPROPRIATE AND HUMANE HANDLING OF ANIMALS, INCLUDING TRANSPORTING
    5  ANIMALS  SAFELY, GENERAL ANIMAL CONTROL AND PROPER METHODS FOR CAPTURING
    6  ANIMALS;
    7    (C) THE LAWS  AND  RULES  REGARDING  DOG  LICENSING,  AND  SEARCH  AND
    8  SEIZURE;
    9    (D) CRISIS INTERVENTION AND OFFICER SAFETY;
   10    (E) IDENTIFICATION OF RESOURCES TO HOUSE ANIMALS WHILE A CRIMINAL CASE
   11  IS RESOLVED;
   12    (F) REPORT WRITING AND COURTROOM TESTIMONY;
   13    (G) DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
   14    (H) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
   15    (I) OTHER RELEVANT PROVISIONS OF THIS CHAPTER.
   16    4.  THE  GOVERNING BODY OF A POLITICAL SUBDIVISION THAT APPOINTS A DOG
   17  CONTROL OFFICER WHO FAILS TO OBTAIN CERTIFICATION  WITHIN  THE  REQUIRED
   18  TIME SHALL TERMINATE THE APPOINTMENT.
   19    5.  THE DEPARTMENT SHALL: (A) DETERMINE THE FORMAT OF THE TRAINING AND
   20  CERTIFICATION EXAMINATIONS, INCLUDING AN INTERNET-BASED  FORMAT  IF  THE
   21  DEPARTMENT DEEMS SUCH TO BE APPROPRIATE;
   22    (B) ESTABLISH THE SCHEDULE FOR OFFERING TRAINING AND EXAMINATIONS;
   23    (C)  ESTABLISH  SUCH FEES AS THE DEPARTMENT DEEMS NECESSARY FOR TRAIN-
   24  ING, ADMISSION TO THE EXAMINATION, RE-EXAMINATION AND CERTIFICATION; AND
   25    (D) PROMULGATE RULES, REGULATIONS AND STANDARDS REGARDING THE APPLICA-
   26  TION OF THE TRAINING AND CERTIFICATION TOWARD RECERTIFICATION OR CONTIN-
   27  UING EDUCATION REQUIREMENTS.
   28    S 2. This act shall take effect July 1, 2011, provided that, effective
   29  immediately, the addition, amendment and/or repeal of any rule or  regu-
   30  lation  necessary  for  the  implementation of this act on its effective
   31  date are authorized and directed to be made and completed on  or  before
   32  such effective date.