S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7220--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2015
                                      ___________
       Introduced by M. of A. GUNTHER, LUPARDO, RYAN, SKOUFIS, BARRETT, SKARTA-
         DOS,  ZEBROWSKI, RAIA, ARROYO, FRIEND, GIGLIO -- Multi-Sponsored by --
         M. of A. COOK, McLAUGHLIN -- read once and referred 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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08968-10-5
       A. 7220--A                          2
    1  DOG CONTROL OFFICER, PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL
    2  DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE
    3  ANY LOCAL LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING  AT  LARGE
    4  OF  DOGS AND THE SEIZURE THEREOF, THAT THE OWNER, TRAINER OR HANDLER AND
    5  HUNTING DOG ARE NOT IN COMPLIANCE WITH THIS  SECTION,  THEN  THE  OWNER,
    6  TRAINER  OR  HANDLER OF SUCH HUNTING DOG MAY BE CHARGED WITH A VIOLATION
    7  OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS  SECTION  RELATED
    8  TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
    9    S 2. This act shall take effect immediately.