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.