Legislation

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Proposed Legislation as of 5/29/2008

Go to the NYS Senate website from the Web Links page for more details.

2008 NYS Legislative Bills

 

Run Date: 06/15/2008

Bill No.

 

A255

 

 

S6292

Morelle (MS) -- The purpose of this measure is to establish conditions where the possession of a dangerous dog would be deemed possession of a weapon in

the fourth degree.

GRIFFO -- The purpose of this measure is to establish conditions where the

possession of a dangerous dog would be deemed possession of a weapon in

the fourth degree.

A519

Cahill -- To allow the release of dogs and cats to other entities in addition to adoptees or owners to increase chances for adoption.

A1346

Englebright -- Increases the annual licensure fee for spayed and neutered dogs and unspayed and unneutered dogs by one dollar each.

A1677

Peralta (MS) -- An amendment that requires dog owners to implant a microchip that includes owner's contact information and dog's medical history. A registry of dogs shall be created at the time of dog licensing. This registry will be made available to veterinarians, shelters and kennels for the purposes of identification.

A1896

 A4455

S1704

 S3112

 S3856

Glick (MS) -- Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for certain policies based on the breed of a dog owned

Seminerio -- Prohibits insurers from cancelling a homeowner's liability insurance based on the ownership of a specific breed of dog

ROBACH -- Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for certain policies based on the breed of a dog owned

SAMPSON -- Prohibits insurers from refusing to issue or renew, cancel, or charge or impose an increased premium for certain policies based on the breed of a dog owned

SKELOS -- Prohibits insurers from cancelling a homeowner's liability insurance based on the ownership of a specific breed of dog

A2197

 S616

Glick (MS) -- This bill would include the theft of a "pet" within the provisions of Grand Larceny in the Fourth Degree.

MARCELLINO -- This bill would include the theft of a "pet" within the provisions of Grand Larceny in the Fourth Degree.

A2517

McDonough (MS) -- Amd S121, Ag & Mkts L Relates to attacks on service dogs; provides for a penalty of $1000 for the attack on a service dog or user of such service dog, a fine of $2000 for an attack on both dog and user; also provides that if the attacking dog has previously been found to be a dangerous dog, then such fines shall be $2000 and $4000 respectively, and such may also be punishable with 90 days imprisonment.

A2611

S1330

Glick (MS) -- To clarify the word 'wildlife' in the laws of New York as not to include cats and dogs.

MALTESE -- To clarify the word 'wildlife' in the laws of New York as not to include cats and dogs.

A2657

 

 

 

  

 

S1439

 

 

 

 

 

 

 

 

Diaz R (MS) -- Bill § 1 adds a new § 11-108 to the General Obligations Law entitled "Liability of owner for dog bites and exceptions." This section makes

the owner of a dog liable for damages suffered by any person who is bitten by the dog while in a public place or lawfully in a private

place, regardless of the former dangerousness or viciousness of the dog or the owner's knowledge of same. Exceptions are provided for dogs

performing military or police work and for cases where the dog was being harassed or provoked or the person bitten was committing or attempting

to commit a crime or offense upon the person or property of the owner or custodian of the dog.

 

KRUGER -- The bill amends the general obligations law to establish owner liability for damages suffered by any person who is bitten by the owner's dog

while in a public place or lawfully in a private place regardless of the former dangerousness or viciousness of the dog or the owner's knowledge

of the dog's propensity for viciousness. An exception to liability exists for a governmental entity or instrumentality using a dog in mili-

tary or police work if the bite or bites occurred while the dog was defending itself from an annoying, harassing or provoking act or assist-

ing an employee in apprehending or holding a suspect of a crime; in investigating a crime; in searching for controlled substances; in

executing a warrant; or in the defense of a peace officer or another person.  Additionally, the owner of the dog shall not be liable civilly

if the dog was coming to the aid or defense of a person being subjected to criminal activity and the person committing the criminal activity is

injured by such dog. Finally, the bill stipulates that this right shall not limit or impair any cause of action authorized pursuant to any other

provision of law and shall be in addition to any other statutory remedy.

A3539

 

  

 

S230

Kirwan -- Section 1: Adds a new Penal Law section 270.25 to create a crime of owning or possessing a vicious dog for those persons that have previous-

ly been convicted of a felony for selling or possessing a controlled substance. A vicious dog is one that weighs more than 20 pounds and has

either been trained to physically attack persons or has exhibited a vicious disposition or propensity. The unlawful possession of a vicious

dog is a class A misdemeanor.

LARKIN -- Section 1: Adds a new Penal Law section 270.40 to create a crime of owning or possessing a vicious dog for those persons that have previous-

ly been convicted of a felony for selling or possessing a controlled substance. A vicious dog is one that weighs more than 20 pounds and has

either been trained to physically attack persons or has exhibited a vicious disposition or propensity. The unlawful possession of a vicious

dog is a class A misdemeanor.

A6380

 S723

Benjamin (MS) -- This would provide for owner liability for dog attacks on another dog or cat. Liability to include civil penalties from two hundred dollars to seven hundred fifty dollars depending on the severity of the attack.

BRESLIN -- Section 1 adds a new section 11-108 which would hold dog owners strictly liable for medical costs resulting from

an individual being bitten by a dog. Section 2 creates an exemption for police dogs, hearing dogs or service dogs who are performing their duties.

Section 3 states that this bill would be in addition to other statutory remedies and is not intended to impair or limit other available causes

of action.

A6468

 

  

S923

Bacalles -- The bill amends subdivision 11 of Section 301 of the Agriculture and Markets law to include dog breeding within the

definition of a farm operation for purposes of the Agriculture Districts law. A new subdivision 301(15) is added to define "dog breeding" as the

on farm sale of dogs on a farm that, exclusive of the breeding for sale of dogs, otherwise qualifies for an agricultural exemption.

WINNER -- The bill amends subdivision 11 of Section 301 of the Agriculture and Markets law to include dog breeding within the

definition of a farm operation for purposes of the Agriculture Districts law. A new subdivision 301(15) is added to define "dog breeding" as the

on farm sale of dogs on a farm that, exclusive of the breeding for sale of dogs, otherwise qualifies for an agricultural exemption.

A6553

 

  

S2052

Magee -- Section 1 -- Adds a new section 353-c to the Agriculture and Markets Law to prohibit dogs from being tethered for more than six hours in any

twenty-four hour period.  Anyone violating this provision will be subject to a fine of $50-$100 for a first offense and $100-$250 for a

second or subsequent offense.

DEFRANCISCO -- Section 1 -- Adds a new section 353-c to the Agriculture and Markets Law to prohibit dogs from being tethered for more than six hours in any

twenty-four hour period.  Anyone violating this provision will be subject to a fine of $50-$100 for a first offense and $100-$250 for a

second or subsequent offense.

 

A6601

 

  

S1645

Magee -- This bill would require that pet dealers give notice to purchasers of dogs that the dog residing in the state must be

licensed. It would also require that pet dealers inform purchasers that a license may be obtained from the municipality in which the dog

resides.

SABINI -- This bill would require that pet dealers give notice to purchasers of dogs that the dog residing in the state must be

licensed. It would also require that pet dealers inform purchasers that a license may be obtained from the municipality in which the dog

resides.

A6944

 

S767

 

S4010

Diaz R (MS) -- This bill will make innocent victims of dog attacks eligible to submit claims to the Crime Victims Board for reimbursement of medical bills and

other expenses.

DIAZ -- This bill will make innocent victims of dog attacks eligible to submit claims to the Crime Victims Board for reimbursement of medical bills and

other expenses.

DIAZ -- This bill will make innocent victims of dog attacks eligible to submit claims to the Crime Victims Board for reimbursement of medical bills and

other expenses. (Senate and Assembly combined bill)

A7355

Crouch -- To amend the civil rights law, in relation to the training and socialization of guide dogs.  Clarifies the guide dogs, hearing dogs, and service dogs are allowed in public places during their training and socialization process.

A7790

 

 

 

 

 

 

 

 

 

 

 

 

  

S5423

Weprin (MS) -- The subject legislation adds a new Article 26-A to the agriculture and markets law regarding the care of animals by boarding kennels and groom-

ing establishments. 

SUMMARY OF SPECIFIC PROVISIONS:

 

Section 400 of the bill is a definitional section; Section 401 sets forth minimum standards of care for any animal brought

to a kennel or groomer, as it relates to housing, sanitation, feeding and watering, handling, and veterinary care;

Section 402 requires kennel owners and groomers to maintain detailed records for each animal boarded;

Section 403 requires kennel owners and groomers to obtain a license in order to operate;

Section 404 grants the Commissioner the power to refuse, suspend or revoke an existing license;

Section 405 requires the Department to make annual inspections of all kennels and groomers;

Section 406 provides for civil penalties of from $50 to $1000 for a violation of this Article; and

Section 407 permits officers of the humane society or police officers to also enforce any other law relating to the humane treatment or cruelty

to animals.

 

PADAVAN -- The subject legislation adds a new Article 26-A to the agriculture and markets law regarding the care of animals by boarding kennels and groom-

ing establishments.

 

 

 

 

 

 

  

 

 

 

 

 

 

A7560

A7869A

 S5377A

The Raccoon Dog (Nyctereutes procyonoides "nycto-" = Gr. "night," "ereutes" = Gr. "wanderer," "procyon" = "raccoon," "-oides" = Gr. "-oid") is a member of the canid family (which includes dogs, wolves, and foxes) and is indigenous to east Asia. It is not a true dog, and is the only extant species in its genus Nyctereutes. It is named for its superficial resemblance to the non-canid raccoon. When they live in the arctic the fur changes color to white so it can blend in with its surroundings.

Raccoon Dogs are native to China, Korea, Japan, and southeastern Siberia. Average adult head and body length is about 65 cm (2 ft) and weight ranges from 4 to 10 kg (9 to 22 lb). Average litters are large, up to 15 or more pups. Longevity is 3–4 years in the wild and up to 11 years in captivity. They are found in both plains and mountainous regions and are especially common in woodlands. Raccoon Dogs are commonly seen near villages and in rural areas.

Native East Asia raccoon dog populations have declined in recent years due to hunting, fur trade and fur trapping, urbanization, an increase of animals associated with human civilization such as pets and abandoned animals, and diseases that may be transmitted between them.[citation needed]

According to the Humane Society of the United States,

many fur or fur-trimmed jackets sold in the United States as having

"faux fur" are actually made from dog fur. The Humane Society's random

sampling of 25 fur trimmed jackets discovered that 24 of the 25 were

made, at least in part, with dog fur. The use of this type of fur to

make jackets will undoubtedly increase the demand leading to the

creation of dog slaughter houses, an absolutely grim and inhumane

scenario.

Ball -- Prohibits sale of foreign dog hair or hide includes but not limited to racoon dog

Rosenthal (MS) -- Adds the raccoon dog to domesticated dogs and cats in banning the use or sale of such animal's fur or flesh

MALTESE -- Adds the raccoon dog to domesticated dogs and cats in banning the use or sale of such animal's fur or flesh

A8032

Kavanagh -- An act to amend the agriculture and markets law, in relation to the licensing of dogs and to repeal certain provisions of

chapter 115 of the laws of 1894, relating to the better protection of lost and strayed animals and for securing the rights of owners thereof,

relating to licensing of dogs in certain cities PURPOSE OR GENERAL IDEA OF BILL: This bill creates article 26-B in the

agriculture and markets law covering dog licensing in New York City.

A8502A

S5608A

Titone -- Provides that pet dealers or other persons shall not sell dogs purchased from or received from a puppy mill.

LANZA -- Provides that pet dealers or other persons shall not sell dogs purchased from or received from a puppy mill.

A9439A

Eddington -- To establish a training program for persons adopting a dog or cat and imposing additional penalties for the abuse and cruelty to animals;

establish guidelines for reporting animal abuse.

A9889

 S6891

Giglio -- Designates the dog control officer of the city of Salamanca as a peace officer for purposes of enforcing article 26 of the agriculture and markets law and issuing appearance tickets pursuant to article 7 of such law.

YOUNG -- Designates the dog control officer of the city of Salamanca as a peace officer for purposes of enforcing article 26 of the agriculture and markets law and issuing appearance tickets pursuant to article 7 of such law.


 

S6666

DEFRANCISCO -- To enable dog control officers in the City of Syracuse to enforce provisions of the Agriculture and Markets Law relating to the treatment

of animals.

A10196

BALL -- This piece of legislation will enable animal control officers to access the identical database that all other law enforcement agencies have access to. Since these officers are combating the same types of criminals specifically in the dog fighting world, they should also be equipped with the necessary technology to understand what level criminal they are handling.  Furthermore this bill would punish the possession of any dog fighting paraphernalia as a misdemeanor which
will play a crucial role in bringing an end to this barbaric practice. 
A11509

S8546

Rules (Eddington) -- Makes provisions relating to the care of animals by pet dealers and the sale of dogs

LANZA -- Makes provisions relating to the care of animals by pet dealers and the sale of dogs

A11106
S7907
Magee -- Relating to dog license fees and the spaying and neutering of dogs and cats
YOUNG -- Relating to dog license fees and the spaying and neutering of dogs and cats

 

 

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This page last modified on 07/02/2008.

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