Provides that any dog that has been released from their confinement for hunting purposes shall be deemed to be under the reasonable control of its owner while engaged in hunting or returning from hunting.
Ayes (13): Thompson, Oppenheimer, Schneiderman, Serrano, Perkins, Stewart-Cousins, Foley, Marcellino, Leibell, Johnson O, Little, Young, Padavan
Nays (1): Parker
BILL NUMBER: S82
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 o f 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.
FISCAL IMPLICATIONS : None.
EFFECTIVE DATE : Immediately.
STATE OF NEW YORK ________________________________________________________________________ 82 2009-2010 Regular Sessions IN SENATE (PREFILED) January 7, 2009 ___________Introduced by Sen. VOLKER -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to lost hunting dogs THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 11-0923 of the environmental conservation law is amended by adding a new subdivision 7 to read as follows: 7. ANY DOG THAT HAS BEEN RELEASED FROM THEIR CONFINEMENT FOR HUNTING PURPOSES SHALL BE DEEMED TO BE UNDER THE REASONABLE CONTROL OF ITS OWNER WHILE ENGAGED IN HUNTING OR RETURNING FROM HUNTING. THE OWNER OR TRAINER OF A DOG THAT HAS BEEN RELEASED FROM THEIR CONFINEMENT FOR HUNTING PURPOSES AND BECOMES TEMPORARILY LOST OR WANDERS FROM ITS OWNER OR TRAINER WHILE HUNTING SHALL NOT BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION. IT SHALL BE THE DUTY OF ANY PEACE OFFICER, DOG WARDEN OR ANIMAL CONTROL OFFICER TO MAKE A FAIR AND REASONABLE EFFORT TO DETERMINE WHETH- ER ANY DOG FOUND APPARENTLY RUNNING AT LARGE IS A DOG WHICH HAS BECOME LOST TEMPORARILY OR WANDERED WHILE HUNTING FROM THE IMMEDIATE CONTROL OF ITS OWNER OR TRAINER. S 2. This act shall take effect immediately.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01138-01-9