senate Bill S7136

2011-2012 Legislative Session

Provides that dogs engaged in hunting and training as authorized by the environmental conservation law, shall not be deemed to be running at large

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.751
May 01, 2012 referred to agriculture

Votes

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May 15, 2012 - Agriculture committee Vote

S7136
9
0
committee
9
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
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Agriculture Committee Vote: May 15, 2012

aye wr (1)

Co-Sponsors

S7136 - Bill Details

See Assembly Version of this Bill:
A10085
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง122, Ag & Mkts L

S7136 - Bill Texts

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Provides that dogs engaged in hunting and training as authorized by the environmental conservation law, shall not be deemed to be running at large in violation of any local law or ordinance.

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BILL NUMBER:S7136 REVISED 05/02/12

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to dogs engaged in
hunting or training

PURPOSE:
The purpose of this bill is to prevent the owner of a dog that has
been separated from its owner or trainer while it is engaged in the
act of legally hunting from being charged with a violation for
allowing a dog to "run at large."

SUMMARY OF PROVISIONS:
Section 122 of the agriculture and markets law is amended by adding a
new subdivision 3 to make it clear that an owner of a dog legally
hunting is not in violation of any law related to the keeping and
running at large of dogs. The bill directs a dog control officer,
peace officer, acting pursuant to his or her special duties, or
police officer, who is authorized by any municipality to assist in
the enforcement of this article for any such violation to make a fair
and reasonable effort to determine whether any dog found or suspected
of running at large is a dog which is engaged in hunting or other
legal activities pursuant the environmental conservation law.

JUSTIFICATION:
The current laws lead to conflict when dogs that are legally hunting
become separated from their owners or wander onto private property.
When this does happen, it is usual for the dog and its owner to
become reconnected within a short period of time. On some occasions,
however, a dog appearing to be at large is recovered by a dog control
officer or other law enforcement officer.
Because the dog is legally hunting with its owner, and not being
allowed to run at large for the lack of caring or prudent ownership,
there should be no violation of the ECL or local law.

The bill attempts to insure that a reasonable effort is made to
determine if indeed a dog appearing to be at large is actually
hunting with its owner.
This could help to prevent the dog from unnecessarily entering the
municipal animal shelter system, stressing the animal and incurring
costs, fines and penalties for the owner who is actually engaging in
a lawful activity.

This legislation is needed to clear up confusion in existing law and
to protect houndsmen and their hunting dogs when legally hunting in
the field.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.


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

                                  7136

                            I N  S E N A T E

                               May 1, 2012
                               ___________

Introduced  by  Sen.  YOUNG  -- 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  dogs
  engaged in hunting or training

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

  Section 1. Section 122 of the agriculture and markets law  is  amended
by adding a new subdivision 3 to read as follows:
  3.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
SECTION OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT  HAS
BEEN  RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES, IN
ACCORDANCE WITH SECTION 11-0923 OF THE ENVIRONMENTAL  CONSERVATION  LAW,
SHALL  BE  DEEMED  TO  BE  UNDER  THE REASONABLE CONTROL OF ITS OWNER OR
TRAINER, AND NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG  CONTROL  OFFI-
CER,  PEACE  OFFICER  ACTING  PURSUANT  TO  HIS OR HER SPECIAL DUTIES OR
POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL
LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND
THE SEIZURE THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT  TO  DETER-
MINE  WHETHER  ANY  DOG  FOUND OR SUSPECTED OF RUNNING AT LARGE IS A DOG
ENGAGED IN HUNTING, TRAINING OR  OTHER  ACTIVITIES  IN  ACCORDANCE  WITH
SECTION  11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO DETER-
MINED, SHALL NOT CHARGE THE OWNER  OR  TRAINER  OF  SUCH  DOG  WITH  ANY
VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION
RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15548-01-2

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