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:

  Section 1. Subdivision 1 of section 107 of the agriculture and markets
law, as amended by section 1 of part T of chapter  59  of  the  laws  of
2010, is amended to read as follows:
  1.  This article shall apply to all areas of the state except any city
having a population of over two million, EXCEPT THAT THE  PROVISIONS  OF
SECTION  ONE  HUNDRED  THIRTEEN-A OF THIS ARTICLE SHALL BE APPLICABLE TO
THE ENTIRE STATE.
  S 2. Paragraph (d) of subdivision 1 of section 109 of the  agriculture
and  markets law, as amended by section 4 of part T of chapter 59 of the
laws of 2010, is amended to read as follows:
  (d) The application shall be accompanied by the license fee prescribed
by section one hundred ten of  this  article  [and],  a  certificate  of
rabies vaccination or statement in lieu thereof, as required by subdivi-
sion  two  of  this  section,  AND,  FOR  OWNERS AND DOGS SUBJECT TO THE
PROVISIONS OF SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE, A  CERTIF-
ICATE  OF SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE. In the case
of a spayed or neutered dog, every application shall also be accompanied
by a certificate signed by  a  licensed  veterinarian  or  an  affidavit
signed  by  the owner, showing that the dog has been spayed or neutered,
provided such certificate or affidavit shall not be required if the same
is already on file with the clerk or authorized dog control officer.  In
lieu  of the spay or neuter certificate an owner may present a statement
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

dog  and  found that because of old age or other reason, the life of the
dog would be endangered by spaying  or  neutering.  In  such  case,  the
license  fee  for  the dog shall be the same as for a spayed or neutered
dog  as  set forth in subdivision one of section one hundred ten of this
article.
  S 3.   The agriculture and markets law is  amended  by  adding  a  new
section 113-a to read as follows:
  S  113-A.  OBEDIENCE  TRAINING; REQUIRED. 1. THE COMMISSIONER SHALL BY
RULE OR REGULATION ESTABLISH REQUIREMENTS FOR  BASIC  OBEDIENCE  COURSES
FOR  DOGS AND THEIR OWNERS WHICH MUST BE SUCCESSFULLY COMPLETED PURSUANT
TO THIS SECTION. SUCH REQUIREMENTS SHALL  INCLUDE  INSTRUCTION  FOR  THE
OWNER ON THE PRINCIPLES OF DOG TRAINING, AND INSTRUCTION ON AND PRACTICE
OF  OBEDIENCE  TRAINING  BY BOTH THE DOG AND ITS OWNER. FURTHERMORE, THE
COMMISSIONER SHALL ESTABLISH MINIMUM  REQUIREMENTS  FOR  THE  SUCCESSFUL
COMPLETION OF SUCH BASIC OBEDIENCE COURSES.
  2.  THE  COMMISSIONER  SHALL  ESTABLISH REQUIREMENTS FOR DOG OBEDIENCE
SCHOOLS WHICH ARE AUTHORIZED TO PROVIDE THE BASIC DOG OBEDIENCE  COURSES
FOR DOGS AND THEIR OWNERS AS REQUIRED BY THIS SECTION.
  3.  THE  OWNER  OF  ANY  DOG REACHING THE AGE OF ONE YEAR SHALL, ON OR
BEFORE THE DATE SUCH DOG REACHES ONE YEAR OF AGE OR WITHIN  ONE  HUNDRED
EIGHTY  DAYS  OF  RECEIVING  OWNERSHIP  OF  SUCH DOG, WHICHEVER SHALL BE
LATER, SUCCESSFULLY COMPLETE, WITH HIS OR HER  DOG,  A  BASIC  OBEDIENCE
COURSE.
  4. UPON SUCCESSFUL COMPLETION OF A BASIC OBEDIENCE COURSE FOR DOGS AND
THEIR  OWNERS, THE DOG OBEDIENCE SCHOOL SHALL ISSUE A CERTIFICATE TO THE
OWNER THAT HE OR SHE AND HIS OR HER DOG HAVE COMPLETED SUCH COURSE. UPON
PRESENTATION OF SUCH A CERTIFICATE TO A LICENSING CLERK BY THE OWNER  OF
A DOG, SUCH CLERK SHALL ISSUE, FREE OF CHARGE, TO THE DOG OWNER A YELLOW
METAL  TAG  WHICH  SHALL BE AFFIXED TO A COLLAR ON THE DOG AT ALL TIMES.
SUCH YELLOW METAL TAGS SHALL  BE  ISSUED  TO  LICENSING  CLERKS  BY  THE
DEPARTMENT.
  S  4. Paragraph (g) of subdivision 1 of section 118 of the agriculture
and markets law, as added by section 14 of part T of chapter 59  of  the
laws  of  2010,  is  amended and a new paragraph (h) is added to read as
follows:
  (g) any owner of a dog to fail to notify the municipality in which his
or her dog is licensed of any change of ownership or address as required
by section one hundred twelve of this article[.];
  (H) ANY OWNER TO FAIL TO COMPLETE A BASIC OBEDIENCE COURSE WITH HIS OR
HER DOG PURSUANT TO SECTION ONE HUNDRED THIRTEEN-A OF THIS ARTICLE.
  S 5. This act shall take effect immediately,  provided  that  sections
two and four of this act and subdivision 3 of section 113-a of the agri-
culture  and  markets  law, as added by section three of this act, shall
take effect one year after this act shall have become a  law;  provided,
further  that  if part T of chapter 59 of the laws of 2010 is not yet in
effect, then sections one, two and four of this act shall take effect on
the same date and in the same manner as such chapter, as amended,  takes
effect.