NY State Senate Bill 2023-S5498

Senate Bill S5498

2023-2024 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

Current 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, 2024	referred to agriculture
Mar 06, 2023	referred to agriculture

2023-S5498 (ACTIVE) - Details

See Assembly Version of this Bill:: A2224
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: A10085
2013-2014: A7851
2015-2016: A7220
2017-2018: A6860
2019-2020: A3730
2021-2022: A288

2023-S5498 (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.

2023-S5498 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5498

SPONSOR: HELMING
 
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 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 recon-
nect within a short period of time. On some occasions, however, a hunt-
ing 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 offi-
cers can determine if a dog is legally hunting or is in violation of
local laws regulating loose dogs. The bill will not restrict munici-
palities' 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:

2021-2022: A288 referred to Agriculture

2019-20: A3730 referred to Agriculture

2017-18: A6860 referred to Agriculture/S2900 referred to Agriculture

2015: A722CA/S3440A Veto 293

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:
This act shall take effect immediately.

2023-S5498 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5498
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2023
                                ___________
 
 Introduced  by  Sen. HELMING -- 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.
                                                            LBD07078-01-3

 S. 5498                             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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