Bill Text: NY S03440 | 2015-2016 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2015-12-11 - VETOED MEMO.293 [S03440 Detail]

Download: New_York-2015-S03440-Amended.html

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                           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:
    1    Section  1.  Section 122 of the agriculture and markets law is amended
    2  by adding a new subdivision 3 to read as follows:
    3    3. FOR THE PURPOSES OF THIS SECTION A "HUNTING DOG" IS A DOG  THAT  IS
    4  BEING  USED FOR HUNTING OR TRAINING PURPOSES, IN ACCORDANCE WITH SECTION
    5  11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, IS WEARING A TAG,  COLLAR
    6  OR OTHER DEVICE WHICH INCLUDES CONTACT INFORMATION OF THE OWNER, TRAINER
    7  OR  HANDLER,  AND  IS  IN  COMPLIANCE  WITH SECTION 109 OF THIS ARTICLE.
    8  NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISIONS  ONE  AND  TWO  OF  THIS
    9  SECTION  OR  SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A HUNTING DOG
   10  MAY BE DEEMED TO BE UNDER THE REASONABLE CONTROL OF ITS  OWNER,  TRAINER
   11  OR  HANDLER,  AND NOT BE DEEMED TO BE RUNNING AT LARGE IF AT THE TIME OF
   12  RECOVERY OR SEIZURE BY A  DOG  CONTROL  OFFICER,  PEACE  OFFICER  ACTING
   13  PURSUANT  TO HIS OR HER SPECIAL DUTIES OR POLICE OFFICER, WHO IS AUTHOR-
   14  IZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED  TO
   15  THE  KEEPING  AND  RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, (I)
   16  THE HUNTING DOG OWNER, TRAINER OR HANDLER IS ON PROPERTY  WHERE  HUNTING
   17  IS PERMITTED, AND (II) THE HUNTING DOG WAS RELEASED FROM ITS CONFINES BY
   18  THE  OWNER,  TRAINER  OR  HANDLER  TO  HUNT ON PROPERTY WHERE HUNTING IS
   19  PERMITTED, AND (III) THAT THE HUNTING DOG OWNER, TRAINER OR HANDLER  CAN
   20  DEMONSTRATE  THAT  HE OR SHE IS LICENSED TO HUNT WITH DOGS IN ACCORDANCE
   21  WITH SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW. IF IT CAN BE
   22  SO DETERMINED AT THE TIME OF RECOVERY OR SEIZURE OF A HUNTING DOG  BY  A
   23  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
    1  DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE
    2  ANY  LOCAL  LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE
    3  OF DOGS AND THE SEIZURE THEREOF, THAT THE OWNER, TRAINER OR HANDLER  AND
    4  HUNTING  DOG  ARE  NOT  IN COMPLIANCE WITH THIS SECTION, THEN THE OWNER,
    5  TRAINER OR HANDLER OF SUCH HUNTING DOG MAY BE CHARGED WITH  A  VIOLATION
    6  OF  ANY  LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION RELATED
    7  TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
    8    S 2. This act shall take effect immediately.