S T A T E O F N E W Y O R K
________________________________________________________________________
3730
2019-2020 Regular Sessions
I N A S S E M B L Y
January 30, 2019
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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-
PALITY TO ENFORCE ANY LOCAL LAW OR ORDINANCE RELATED TO THE KEEPING AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01460-01-9
A. 3730 2
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.