S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4896
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2017
                                ___________
 
 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.
   § 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
 dog  and  found that because of old age or other reason, the life of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07301-01-7

 S. 4896                             2
 
 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.
   §  3.    The  agriculture  and  markets law is amended by adding a new
 section 113-a to read as follows:
   § 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.
   § 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.
   §  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.