Bill Text: NY S05675 | 2009-2010 | General Assembly | Amended


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

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2010-01-22 - PRINT NUMBER 5675B [S05675 Detail]

Download: New_York-2009-S05675-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5675--B
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                     May 27, 2009
                                      ___________
       Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
         printed to be committed to the Committee on Agriculture  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to  said  committee  -- recommitted to the Committee on Agriculture in
         accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
         amended,  ordered reprinted as amended and recommitted to said commit-
         tee
       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.
   19    3.  THE TRAINING PROGRAM REQUIRED BY THIS SECTION SHALL INCLUDE TRAIN-
   20  ING REGARDING:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11351-07-0
       S. 5675--B                          2
    1    (A) THE SCOPE OF THE RESPONSIBILITIES OF THE DOG CONTROL OFFICER;
    2    (B) APPROPRIATE AND HUMANE HANDLING OF ANIMALS, INCLUDING TRANSPORTING
    3  ANIMALS  SAFELY, GENERAL ANIMAL CONTROL AND PROPER METHODS FOR CAPTURING
    4  ANIMALS;
    5    (C) THE LAWS  AND  RULES  REGARDING  DOG  LICENSING,  AND  SEARCH  AND
    6  SEIZURE;
    7    (D) CRISIS INTERVENTION AND OFFICER SAFETY;
    8    (E) IDENTIFICATION OF RESOURCES TO HOUSE ANIMALS WHILE A CRIMINAL CASE
    9  IS RESOLVED;
   10    (F) REPORT WRITING AND COURTROOM TESTIMONY;
   11    (G) DISPOSAL OF THE REMAINS OF DECEASED ANIMALS;
   12    (H) IDENTIFICATION AND NOTIFICATION OF AN ANIMAL'S OWNER; AND
   13    (I) OTHER RELEVANT PROVISIONS OF THIS CHAPTER.
   14    4.  THE  GOVERNING BODY OF A POLITICAL SUBDIVISION THAT APPOINTS A DOG
   15  CONTROL OFFICER WHO FAILS TO OBTAIN CERTIFICATION  WITHIN  THE  REQUIRED
   16  TIME SHALL TERMINATE THE APPOINTMENT.
   17    5.  THE DEPARTMENT SHALL: (A) DETERMINE THE FORMAT OF THE TRAINING AND
   18  CERTIFICATION EXAMINATIONS, INCLUDING AN INTERNET-BASED  FORMAT  IF  THE
   19  DEPARTMENT DEEMS SUCH TO BE APPROPRIATE;
   20    (B) ESTABLISH THE SCHEDULE FOR OFFERING TRAINING AND EXAMINATIONS;
   21    (C)  ESTABLISH  SUCH FEES AS THE DEPARTMENT DEEMS NECESSARY FOR TRAIN-
   22  ING, ADMISSION TO THE EXAMINATION, RE-EXAMINATION AND CERTIFICATION; AND
   23    (D) PROMULGATE RULES, REGULATIONS AND STANDARDS REGARDING THE APPLICA-
   24  TION OF THE TRAINING AND CERTIFICATION TOWARD RECERTIFICATION OR CONTIN-
   25  UING EDUCATION REQUIREMENTS.
   26    S 2. This act shall take effect July 1, 2011, provided that, effective
   27  immediately, the addition, amendment and/or repeal of any rule or  regu-
   28  lation  necessary  for  the  implementation of this act on its effective
   29  date are authorized and directed to be made and completed on  or  before
   30  such effective date.
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