Bill Text: NY S05498 | 2023-2024 | General Assembly | Introduced

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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: (Introduced) 2024-01-03 - REFERRED TO AGRICULTURE [S05498 Detail]

Download: New_York-2023-S05498-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5498

                               2023-2024 Regular Sessions

                    IN SENATE

                                      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:

     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 one hundred nine  of  this
     8  article.  Notwithstanding  the provisions of subdivisions one and two of
     9  this section or section one hundred thirteen of this article, a  hunting
    10  dog  may  be  deemed  to  be  under the reasonable control of its owner,
    11  trainer or handler, and not be deemed to be running at large if  at  the
    12  time  of  recovery  or  seizure  by a dog control officer, peace officer
    13  acting pursuant to his or her special duties or police officer,  who  is
    14  authorized  by  a  municipality  to  enforce  any local law or ordinance
    15  related to the keeping and running at large  of  dogs  and  the  seizure
    16  thereof,  (a)  the  hunting dog owner, trainer or handler is on property
    17  where hunting is permitted, and (b) the hunting dog  was  released  from
    18  its  confines by the owner, trainer or handler to hunt on property where
    19  hunting is permitted, and (c) that the hunting  dog  owner,  trainer  or
    20  handler  can demonstrate that he or she is licensed to hunt with dogs in
    21  accordance with section 11-0923 of the environmental  conservation  law.
    22  If it can be so determined at the time of recovery or seizure of a hunt-
    23  ing  dog  by a dog control officer, peace officer acting pursuant to his
    24  or her special duties or police officer, who is authorized by a  munici-
    25  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

     1  running at large of dogs and the seizure thereof, that the owner, train-
     2  er or handler and hunting dog are not in compliance with  this  section,
     3  then  the  owner,  trainer or handler of such hunting dog may be charged
     4  with  a violation of any local law or ordinance enacted pursuant to this
     5  section related to the keeping and running at large of dogs.
     6    § 2. This act shall take effect immediately.