NY State Senate Bill 2017-S2900

Senate Bill S2900

2017-2018 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Agriculture Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to agriculture returned to senate died in assembly
Jun 07, 2017	referred to agriculture delivered to assembly passed senate
Jun 05, 2017	ordered to third reading cal.1436 committee discharged and committed to rules
Jan 18, 2017	referred to agriculture

Votes

- Jun 7, 2017 - Floor Vote
  S2900
  
  60
  
  Aye
  
  2
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 7, 2017
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      nay (2)
      
      Hoylman-Sigal
      
      Krueger
      
      excused (1)
      
      LaValle
  Jun 5, 2017 - Rules Committee Vote
  S2900
  
  23
  
  Aye
  
  0
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 5, 2017
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      LaValle
      
      Lanza
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Ranzenhofer
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (1)
      
      Krueger
      
      excused (1)
      
      Parker

2017-S2900 (ACTIVE) - Details

See Assembly Version of this Bill:: A6860
Current Committee:: Senate Agriculture
Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §122, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7136, A10085
2013-2014: S2688, A7851
2015-2016: S3440, A7220
2019-2020: A3730
2021-2022: A288
2023-2024: A2224

2017-S2900 (ACTIVE) - Summary

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.

2017-S2900 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2900

 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 clarify the relationship between the
law regulating dogs that are legally hunting and local laws regulating
dogs "running at large."

 SUMMARY OF PROVISIONS :

Section one amends Section 122 of the Agriculture and Markets Law by
adding a new subdivision three to define hunting dogs as a dog used
for hunting or training purposes, in accordance with section 11-0923
of the Environmental Conservation Law, wearing a tag, collar or other
device which has contact information for the owner, and in compliance
with licensing requirements. It states the circumstances in which a
hunting dog may be deemed to be under the reasonable control of its
owner. If a hunting dog is not in compliance with this section, a dog
control officer may charge the owner with a violation.

Section two establishes an immediate effective date.

 JUSTIFICATION :

Current law does not make a distinction between dogs legally engaged
in the act of hunting under Environmental Conservation Law and dogs
running at large as regulated by local laws authorized under
Agriculture and Markets Law.

When hunting dogs become separated from their owners, they often
reconnect within a short period of time. On some occasions, however, a
hunting dog appearing to be at large is recovered by a dog control or
other law enforcement officer. Owners who are lawfully hunting should
not be penalized for their dogs that may appear to be at large, but
are legally hunting. This bill would define hunting dogs, clarify that
dogs are currently legally authorized to hunt under State law, and
that law officers can determine if a dog is legally hunting or is in
violation of local laws regulating loose dogs. The bill will not
restrict municipalities' ability to regulate loose or dangerous dogs
or the licensing of dogs. This bill may help prevent the dog from
unnecessarily entering the municipal animal shelter system if an
officer finds a hunting dog and can locate the owner before taking the
dog to the shelter.

 LEGISLATIVE HISTORY :

2013,2014: S.2688/A.7851 Passed Senate
2012: S.7136/A.10085 Advanced to Third Reading/Committed to Rules

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.

2017-S2900 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2900
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2017
                                ___________
 
 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.  FOR  THE PURPOSES OF THIS SECTION A "HUNTING DOG" IS A DOG THAT IS
 BEING USED FOR HUNTING OR TRAINING PURPOSES, IN ACCORDANCE WITH  SECTION
 11-0923  OF THE ENVIRONMENTAL CONSERVATION LAW, IS WEARING A TAG, COLLAR
 OR OTHER DEVICE WHICH INCLUDES CONTACT INFORMATION OF THE OWNER, TRAINER
 OR HANDLER, AND IS IN COMPLIANCE WITH SECTION ONE HUNDRED NINE  OF  THIS
 ARTICLE.  NOTWITHSTANDING  THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF
 THIS SECTION OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A  HUNTING
 DOG  MAY  BE  DEEMED  TO  BE  UNDER THE REASONABLE CONTROL OF ITS OWNER,
 TRAINER OR HANDLER, AND NOT BE DEEMED TO BE RUNNING AT LARGE IF  AT  THE
 TIME  OF  RECOVERY  OR  SEIZURE  BY A DOG CONTROL OFFICER, 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,  (A)  THE  HUNTING DOG OWNER, TRAINER OR HANDLER IS ON PROPERTY
 WHERE HUNTING IS PERMITTED, AND (B) THE HUNTING DOG  WAS  RELEASED  FROM
 ITS  CONFINES BY THE OWNER, TRAINER OR HANDLER TO HUNT ON PROPERTY WHERE
 HUNTING IS PERMITTED, AND (C) THAT THE HUNTING  DOG  OWNER,  TRAINER  OR
 HANDLER  CAN DEMONSTRATE THAT HE OR SHE IS LICENSED TO HUNT WITH DOGS IN
 ACCORDANCE WITH SECTION 11-0923 OF THE ENVIRONMENTAL  CONSERVATION  LAW.
 IF IT CAN BE SO DETERMINED AT THE TIME OF RECOVERY OR SEIZURE OF A HUNT-
 ING  DOG  BY A DOG CONTROL OFFICER, PEACE OFFICER ACTING PURSUANT TO HIS
 OR HER SPECIAL DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A  MUNICI-
 PALITY  TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED TO THE KEEPING AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD08491-01-7

 S. 2900                             2
 
 RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, THAT THE OWNER, TRAIN-
 ER OR HANDLER AND HUNTING DOG ARE NOT IN COMPLIANCE WITH  THIS  SECTION,
 THEN  THE  OWNER,  TRAINER OR HANDLER OF SUCH HUNTING DOG MAY BE CHARGED
 WITH  A VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS
 SECTION RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
   § 2. This act shall take effect immediately.

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