S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    288
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 6, 2021
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, BRABENEC -- 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:
 
   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 ONE HUNDRED NINE  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
 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,  (A)  THE  HUNTING DOG OWNER, TRAINER OR HANDLER IS ON PROPERTY
 WHERE HUNTING IS PERMITTED, AND (B) THE HUNTING DOG  WAS  RELEASED  FROM
 ITS  CONFINES BY THE OWNER, TRAINER OR HANDLER TO HUNT ON PROPERTY WHERE
 HUNTING IS PERMITTED, AND (C) 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 HUNT-
 ING  DOG  BY A DOG CONTROL OFFICER, PEACE OFFICER ACTING PURSUANT TO HIS
 OR HER SPECIAL DUTIES OR POLICE OFFICER, WHO IS AUTHORIZED BY A  MUNICI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD02722-01-1

 A. 288                              2
 
 PALITY  TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED TO THE KEEPING AND
 RUNNING AT LARGE OF DOGS AND THE SEIZURE THEREOF, THAT THE OWNER, TRAIN-
 ER 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.
   § 2. This act shall take effect immediately.