S T A T E   O F   N E W   Y O R K
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                                 3440--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 9, 2015
                               ___________

Introduced  by  Sen.  YOUNG  -- read twice and ordered printed, and when
  printed to be committed 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:

  Section  1.  Section 122 of the agriculture and markets law is amended
by adding a new subdivision 3 to read as follows:
  3. FOR THE PURPOSES OF THIS SECTION A "HUNTING DOG" IS A DOG  THAT  IS
BEING  USED FOR HUNTING OR TRAINING PURPOSES, IN ACCORDANCE WITH SECTION
11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW, IS WEARING A TAG,  COLLAR
OR OTHER DEVICE WHICH INCLUDES CONTACT INFORMATION OF THE OWNER, TRAINER
OR  HANDLER,  AND  IS  IN  COMPLIANCE  WITH SECTION 109 OF THIS ARTICLE.
NOTWITHSTANDING THE PROVISIONS OF  SUBDIVISIONS  ONE  AND  TWO  OF  THIS
SECTION  OR  SECTION ONE HUNDRED THIRTEEN OF THIS ARTICLE, A HUNTING DOG
MAY BE DEEMED TO BE UNDER THE REASONABLE CONTROL OF ITS  OWNER,  TRAINER
OR  HANDLER,  AND NOT BE DEEMED TO BE RUNNING AT LARGE IF AT THE TIME OF
RECOVERY OR SEIZURE BY A  DOG  CONTROL  OFFICER,  PEACE  OFFICER  ACTING
PURSUANT  TO HIS OR HER SPECIAL DUTIES OR POLICE OFFICER, WHO IS AUTHOR-
IZED BY A MUNICIPALITY TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED  TO
THE  KEEPING  AND  RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, (I)
THE HUNTING DOG OWNER, TRAINER OR HANDLER IS ON PROPERTY  WHERE  HUNTING
IS PERMITTED, AND (II) THE HUNTING DOG WAS RELEASED FROM ITS CONFINES BY
THE  OWNER,  TRAINER  OR  HANDLER  TO  HUNT ON PROPERTY WHERE HUNTING IS
PERMITTED, AND (III) THAT THE HUNTING DOG OWNER, TRAINER OR HANDLER  CAN
DEMONSTRATE  THAT  HE OR SHE IS LICENSED TO HUNT WITH DOGS IN ACCORDANCE
WITH SECTION 11-0923 OF THE ENVIRONMENTAL CONSERVATION LAW. IF IT CAN BE
SO DETERMINED AT THE TIME OF RECOVERY OR SEIZURE OF A HUNTING DOG  BY  A
DOG CONTROL OFFICER, PEACE OFFICER ACTING PURSUANT TO HIS OR HER SPECIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08968-11-5
              

S. 3440--A                          2

DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A MUNICIPALITY TO ENFORCE
ANY  LOCAL  LAW OR ORDINANCE RELATED TO THE KEEPING AND RUNNING AT LARGE
OF DOGS AND THE SEIZURE THEREOF, THAT THE OWNER, TRAINER OR HANDLER  AND
HUNTING  DOG  ARE  NOT  IN COMPLIANCE WITH THIS SECTION, THEN THE OWNER,
TRAINER OR HANDLER OF SUCH HUNTING DOG MAY BE CHARGED WITH  A  VIOLATION
OF  ANY  LOCAL LAW OR ORDINANCE ENACTED PURSUANT TO THIS SECTION RELATED
TO THE KEEPING AND RUNNING AT LARGE OF DOGS.
  S 2. This act shall take effect immediately.