Provides for the training, examination and certification of dog control officers

BILL NUMBER:A7978C

Title of bill

An act to amend the agriculture and markets law, in relation to training, examination and certification of dog control offi- cers

Purpose or general idea of bill

The purpose of this legislation is to develop a training, examination and certification program for dog control officers, police officers and peace officers who deal with animal control or animal abuse issues.

Summary of specific provisions

The agriculture and markets law is amended by adding a new section 114-a. Training and certification of dog control officers. The department, in consultation with the department of education, shall develop a training, examination and certification program for dog control officers, police officers and peace officers who deal with animal control or animal abuse issues. 2. (a) Any person appointed as a dog control officer shall, before appointment or within one year thereafter, complete a training course approved by the depart- ment and shall take and pass an examination given by the department. 3. Training program required by this section shall include training regard- ing: (a) the role of the investigator in cases involving animals or animal abuse; (b) appropriate and humane handling of animals and general animal control; (c) evaluation of animal cruelty and abuse, (d) evalu- ation of facilities where animals are kept, (e) evidentiary issues including collection of evidence; (f) laws and rules regarding search and seizure; (g) community policing and interaction; (h) crisis and intervention safety (i) strategies to ensure that abused animals are permanently separated from their abusers; (j) identification of resources to house animals while a criminal case is resolved; (k) report writing and courtroom testimony; (1) disposal of the remains of deceased animals; and (n) identification and notification of an animal's owner. 4. The governing body of a political subdivision that appoints a dog control officer who fails to obtain certification within the required time shall terminate the appointment. 5. The department shall (a) deter- mine the format of the training and certification exams, including an internet based format if the department deems such to be appropriate.

Justification

This legislation was proposed following an incident of aggravated animal cruelty involving an untrained part time animal control officer working in Lackawanna, NY. The officer shot and killed one cat and two kittens in the basement of an apartment complex after being called to retrieve the animals. The highly publicized incident brought to light the lack of qualifications and any training of many appointed animal control officers throughout the state. These untrained officers often do not make the proper animal control decisions when confronted with a call. This bill establishes a mandatory training requirement for all dog control officers and the taking and passing of an examination of all dog control officers by July 151 of 2011. Any person employed as a dog control officer shall complete the training.

Prior legislative history

New bill

Fiscal implications

None to the state. New fees will be established to offset the cost of any training and certification.

Effective date

January 1, 2011