S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7220
                              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 -- read once and referred
         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.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISIONS ONE AND TWO OF THIS
    4  SECTION OR SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A DOG THAT  HAS
    5  BEEN  RELEASED FROM ITS CONFINEMENT FOR HUNTING OR TRAINING PURPOSES, IN
    6  ACCORDANCE WITH SECTION 11-0923 OF THE ENVIRONMENTAL  CONSERVATION  LAW,
    7  SHALL  BE  DEEMED  TO  BE  UNDER  THE REASONABLE CONTROL OF ITS OWNER OR
    8  TRAINER, AND NOT BE DEEMED TO BE RUNNING AT LARGE. A DOG  CONTROL  OFFI-
    9  CER,  PEACE  OFFICER  ACTING  PURSUANT  TO  HIS OR HER SPECIAL DUTIES OR
   10  POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL
   11  LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS AND
   12  THE SEIZURE THEREOF, SHALL MAKE A FAIR AND REASONABLE EFFORT  TO  DETER-
   13  MINE  WHETHER  ANY  DOG  FOUND OR SUSPECTED OF RUNNING AT LARGE IS A DOG
   14  ENGAGED IN HUNTING, TRAINING OR  OTHER  ACTIVITIES  IN  ACCORDANCE  WITH
   15  SECTION  11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, AND IF SO DETER-
   16  MINED, SHALL NOT CHARGE THE OWNER  OR  TRAINER  OF  SUCH  DOG  WITH  ANY
   17  VIOLATION OF ANY LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION
   18  RELATED TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
   19    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08968-01-5