senate Bill S783

Provides for the return of lost hunting dogs

download pdf

Sponsor

Co-Sponsors

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 05 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 25 / Jan / 2011
    • 1ST REPORT CAL.12
  • 31 / Jan / 2011
    • 2ND REPORT CAL.
  • 01 / Feb / 2011
    • ADVANCED TO THIRD READING
  • 04 / May / 2011
    • PASSED SENATE
  • 04 / May / 2011
    • DELIVERED TO ASSEMBLY
  • 04 / May / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 04 / Jan / 2012
    • DIED IN ASSEMBLY
  • 04 / Jan / 2012
    • RETURNED TO SENATE
  • 04 / Jan / 2012
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 26 / Apr / 2012
    • 1ST REPORT CAL.589
  • 30 / Apr / 2012
    • 2ND REPORT CAL.
  • 01 / May / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Provides that any dog that has been released from their confinement for hunting purposes shall be deemed to be under the reasonable control of its owner while engaged in hunting or returning from hunting.

do you support this bill?

Bill Details

See Assembly Version of this Bill:
A3296
Versions:
S783
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง11-0923, En Con L
Versions Introduced in Previous Legislative Cycles:
2009-2010: S82, A825
2007-2008: A10630

Sponsor Memo

BILL NUMBER:S783

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to lost
hunting dogs

PURPOSE:
The purpose of this bill is to prevent the owner of a dog from being
held liable if the dog becomes temporarily lost or wanders from its
owner or trainer while hunting.

SUMMARY OF PROVISIONS:
Section 1 seeks to add a subdivision 7 Section 11-0923 of the
Environmental Conservation Law, which would prevent the owner of a
dog being held liable if it "becomes temporarily lost or wanders from
its owner or trainer while hunting."

JUSTIFICATION:
The current laws lead to conflict when temporarily lost or out of
control hunting dogs wander onto private property. In one instance, a
private property owner requested that the local ECO arrest houndsmen
for trespassing when their dogs wandered onto his property. The
huntsmen are liable in such situations, even though the houndsmen did
not "enter the posted, private property nor did they intentionally
release their dogs onto the private property." In the course of
hunting with dogs, although not normally, dogs can become lost or
separated from their owner. If this does happen, usually the dog and
its owner become reconnected within a short period of time. On the
occasion that the dog is not found quickly, it must be understood
that the dog is not being allowed to run at large for the lack of
caring or prudent ownership. These dogs were out hunting with their
owners participating in an allowed hunting activity in New York
State. On occasion some lost dogs have been found by "animal control"
officers, put in dog shelters, and later the owners were fined for
dogs at large with no concern given to why the dogs may have been in
the field. Current penalties for such infringements are imprisonment
for not more than ten days, or a fine of not
less than two hundred dollars, or both fine and imprisonment.
For this reason, this legislation is needed to protect the houndsmen
and their hunting dogs when in the field.

LEGISLATIVE HISTORY:
2008: S.7147/A.10630.
2009: S.82/A.825 Reported to 3rd Reading Calendar
2010: S.82/A.825 Reported to 3rd Calendar

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   783

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation to  lost
  hunting dogs

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 11-0923 of the environmental  conservation  law  is
amended by adding a new subdivision 7 to read as follows:
  7.  ANY  DOG THAT HAS BEEN RELEASED FROM THEIR CONFINEMENT FOR HUNTING
PURPOSES SHALL BE DEEMED TO BE UNDER THE REASONABLE CONTROL OF ITS OWNER
WHILE ENGAGED IN HUNTING OR RETURNING FROM HUNTING. THE OWNER OR TRAINER
OF A DOG THAT HAS BEEN  RELEASED  FROM  THEIR  CONFINEMENT  FOR  HUNTING
PURPOSES  AND  BECOMES  TEMPORARILY  LOST  OR  WANDERS FROM ITS OWNER OR
TRAINER  WHILE  HUNTING  SHALL  NOT  BE  DEEMED  TO  HAVE  VIOLATED  THE
PROVISIONS OF THIS SECTION.
  IT  SHALL  BE  THE  DUTY  OF  ANY  PEACE OFFICER, DOG WARDEN OR ANIMAL
CONTROL OFFICER TO MAKE A FAIR AND REASONABLE EFFORT TO DETERMINE WHETH-
ER ANY DOG FOUND APPARENTLY RUNNING AT LARGE IS A DOG WHICH  HAS  BECOME
LOST TEMPORARILY OR WANDERED WHILE HUNTING FROM THE IMMEDIATE CONTROL OF
ITS OWNER OR TRAINER.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00425-01-1

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.