senate Bill S2688

2013-2014 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 - Passed Senate


  • 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 19, 2014 referred to agriculture
delivered to assembly
passed senate
ordered to third reading cal.1598
committee discharged and committed to rules
Jan 08, 2014 referred to agriculture
returned to senate
died in assembly
Jun 13, 2013 referred to agriculture
delivered to assembly
passed senate
Jun 12, 2013 ordered to third reading cal.1321
committee discharged and committed to rules
Jan 23, 2013 referred to agriculture

Votes

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Jun 19, 2014 - Rules committee Vote

S2688
20
1
committee
20
Aye
1
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 17, 2013 - Rules committee Vote

S2688
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Jun 12, 2013 - Rules committee Vote

S2688
19
1
committee
19
Aye
1
Nay
4
Aye with Reservations
0
Absent
1
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S2688 - Bill Details

See Assembly Version of this Bill:
A7851
Current Committee:
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง122, Ag & Mkts L
Versions Introduced in 2011-2012 Legislative Session:
S7136, A10085

S2688 - 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.

view sponsor memo
BILL NUMBER:S2688

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 hunt-
ing 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 fox 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 deter-
mine if indeed a dog appearing to be at large is actually hunting with
its owner. This could help to prevent the dog from unnecessarily enter-
ing the municipal animal shelter system, stressing the animal and incur-
ring costs, fines and penalties for the owner who is actually engaging
in a lawful activity.

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

LEGISLATIVE HISTORY: 2012: S. 7136/A.10085 Advanced to Third
Reading/Committed to Rules

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE: Immediately.

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

                                  2688

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced by Sens. YOUNG, O'MARA -- 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.
                                                           LBD07136-01-3

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