S T A T E O F N E W Y O R K ________________________________________________________________________ 61 2011-2012 Regular Sessions I N S E N A T E (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: 1 Section 1. Subdivision 1 of section 107 of the agriculture and markets 2 law, as amended by section 1 of part T of chapter 59 of the laws of 3 2010, is amended to read as follows: 4 1. This article shall apply to all areas of the state except any city 5 having a population of over two million, EXCEPT THAT THE PROVISIONS OF 6 SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE SHALL BE APPLICABLE TO 7 THE ENTIRE STATE. 8 S 2. Paragraph (d) of subdivision 1 of section 109 of the agriculture 9 and markets law, as amended by section 4 of part T of chapter 59 of the 10 laws of 2010, is amended to read as follows: 11 (d) The application shall be accompanied by the license fee prescribed 12 by section one hundred ten of this article [and], a certificate of 13 rabies vaccination or statement in lieu thereof, as required by subdivi- 14 sion two of this section, AND, FOR OWNERS AND DOGS SUBJECT TO THE 15 PROVISIONS OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE, A CERTIF- 16 ICATE OF SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE. In the case 17 of a spayed or neutered dog, every application shall also be accompanied 18 by a certificate signed by a licensed veterinarian or an affidavit 19 signed by the owner, showing that the dog has been spayed or neutered, 20 provided such certificate or affidavit shall not be required if the same 21 is already on file with the clerk or authorized dog control officer. In 22 lieu of the spay or neuter certificate an owner may present a statement 23 certified by a licensed veterinarian stating that he has examined the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01884-01-1 S. 61 2 1 dog and found that because of old age or other reason, the life of the 2 dog would be endangered by spaying or neutering. In such case, the 3 license fee for the dog shall be the same as for a spayed or neutered 4 dog as set forth in subdivision one of section one hundred ten of this 5 article. 6 S 3. The agriculture and markets law is amended by adding a new 7 section 113-a to read as follows: 8 S 113-A. OBEDIENCE TRAINING; REQUIRED. 1. THE COMMISSIONER SHALL BY 9 RULE OR REGULATION ESTABLISH REQUIREMENTS FOR BASIC OBEDIENCE COURSES 10 FOR DOGS AND THEIR OWNERS WHICH MUST BE SUCCESSFULLY COMPLETED PURSUANT 11 TO THIS SECTION. SUCH REQUIREMENTS SHALL INCLUDE INSTRUCTION FOR THE 12 OWNER ON THE PRINCIPLES OF DOG TRAINING, AND INSTRUCTION ON AND PRACTICE 13 OF OBEDIENCE TRAINING BY BOTH THE DOG AND ITS OWNER. FURTHERMORE, THE 14 COMMISSIONER SHALL ESTABLISH MINIMUM REQUIREMENTS FOR THE SUCCESSFUL 15 COMPLETION OF SUCH BASIC OBEDIENCE COURSES. 16 2. THE COMMISSIONER SHALL ESTABLISH REQUIREMENTS FOR DOG OBEDIENCE 17 SCHOOLS WHICH ARE AUTHORIZED TO PROVIDE THE BASIC DOG OBEDIENCE COURSES 18 FOR DOGS AND THEIR OWNERS AS REQUIRED BY THIS SECTION. 19 3. THE OWNER OF ANY DOG REACHING THE AGE OF ONE YEAR SHALL, ON OR 20 BEFORE THE DATE SUCH DOG REACHES ONE YEAR OF AGE OR WITHIN ONE HUNDRED 21 EIGHTY DAYS OF RECEIVING OWNERSHIP OF SUCH DOG, WHICHEVER SHALL BE 22 LATER, SUCCESSFULLY COMPLETE, WITH HIS OR HER DOG, A BASIC OBEDIENCE 23 COURSE. 24 4. UPON SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE FOR DOGS AND 25 THEIR OWNERS, THE DOG OBEDIENCE SCHOOL SHALL ISSUE A CERTIFICATE TO THE 26 OWNER THAT HE OR SHE AND HIS OR HER DOG HAVE COMPLETED SUCH COURSE. UPON 27 PRESENTATION OF SUCH A CERTIFICATE TO A LICENSING CLERK BY THE OWNER OF 28 A DOG, SUCH CLERK SHALL ISSUE, FREE OF CHARGE, TO THE DOG OWNER A YELLOW 29 METAL TAG WHICH SHALL BE AFFIXED TO A COLLAR ON THE DOG AT ALL TIMES. 30 SUCH YELLOW METAL TAGS SHALL BE ISSUED TO LICENSING CLERKS BY THE 31 DEPARTMENT. 32 S 4. Paragraph (g) of subdivision 1 of section 118 of the agriculture 33 and markets law, as added by section 14 of part T of chapter 59 of the 34 laws of 2010, is amended and a new paragraph (h) is added to read as 35 follows: 36 (g) any owner of a dog to fail to notify the municipality in which his 37 or her dog is licensed of any change of ownership or address as required 38 by section one hundred twelve of this article[.]; 39 (H) ANY OWNER TO FAIL TO COMPLETE A BASIC OBEDIENCE COURSE WITH HIS OR 40 HER DOG PURSUANT TO SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE. 41 S 5. This act shall take effect immediately, provided that sections 42 two and four of this act and subdivision 3 of section 113-a of the agri- 43 culture and markets law, as added by section three of this act, shall 44 take effect one year after this act shall have become a law; provided, 45 further that if part T of chapter 59 of the laws of 2010 is not yet in 46 effect, then sections one, two and four of this act shall take effect on 47 the same date and in the same manner as such chapter, as amended, takes 48 effect.