S T A T E O F N E W Y O R K ________________________________________________________________________ 10085 I N A S S E M B L Y May 3, 2012 ___________ Introduced by M. of A. LUPARDO -- Multi-Sponsored by -- M. of A. GIGLIO, KELLNER, MAGEE, McENENY, REILLY, SALADINO -- 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. LBD15548-01-2