NY State Senate Bill 2015-S3440

Senate Bill S3440

Vetoed By Governor

2015-2016 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 - Vetoed by Governor

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 11, 2015	vetoed memo.293
Nov 30, 2015	delivered to governor
Jun 16, 2015	returned to senate passed assembly ordered to third reading rules cal.379 substituted for a7220a
Jun 15, 2015	referred to codes delivered to assembly passed senate ordered to third reading cal.1529 committee discharged and committed to rules
Jun 05, 2015	print number 3440a
Jun 05, 2015	amend and recommit to agriculture
Feb 09, 2015	referred to agriculture

Votes

- Jun 15, 2015 - Floor Vote
  S3440
  
  59
  
  Aye
  
  3
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2015
      
      aye (59)
      
      Addabbo Jr.
      
      Amedore
      
      Avella
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Hassell-Thompson
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Montgomery
      
      Murphy
      
      Nozzolio
      
      O'Mara
      
      Ortt
      
      Panepinto
      
      Parker
      
      Peralta
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Skelos
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Valesky
      
      Venditto
      
      Young
      
      nay (3)
      
      Espaillat
      
      Hoylman-Sigal
      
      Perkins
      
      excused (1)
      
      Libous
  Jun 15, 2015 - Rules Committee Vote
  S3440
  
  23
  
  Aye
  
  1
  
  Nay
  
  1
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 15, 2015
      
      aye (23)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Farley
      
      Flanagan
      
      Gianaris
      
      Hannon
      
      Hassell-Thompson
      
      LaValle
      
      Larkin
      
      Little
      
      Marcellino
      
      Montgomery
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      Young
      
      nay (1)
      
      Espaillat
      
      aye wr (1)
      
      Krueger

Bill Amendments

Original

A (Active)

2015-S3440 - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §122, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7136
2013-2014: S2688
2017-2018: S2900

2015-S3440 - 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.

2015-S3440 - Sponsor Memo

                                BILL NUMBER:S3440

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:  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.

2015-S3440 - Bill Text download pdf

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

                                  3440

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

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.
                                                           LBD08968-01-5

2015-S3440A (ACTIVE) - Details

Law Section:: Agriculture and Markets Law
Laws Affected:: Amd §122, Ag & Mkts L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S7136
2013-2014: S2688
2017-2018: S2900

2015-S3440A (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.

2015-S3440A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S3440A

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.

2015-S3440A (ACTIVE) - Bill Text download pdf

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

                                 3440--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Agriculture  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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 109 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 AUTHOR-
IZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED  TO
THE  KEEPING  AND  RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, (I)
THE HUNTING DOG OWNER, TRAINER OR HANDLER IS ON PROPERTY  WHERE  HUNTING
IS PERMITTED, AND (II) THE HUNTING DOG WAS RELEASED FROM ITS CONFINES BY
THE  OWNER,  TRAINER  OR  HANDLER  TO  HUNT ON PROPERTY WHERE HUNTING IS
PERMITTED, AND (III) 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 HUNTING DOG  BY  A
DOG CONTROL OFFICER, PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08968-11-5

S. 3440--A                          2

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, THAT THE OWNER, TRAINER 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.
  S 2. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.