senate Bill S7705A

Extends crossbow hunting provisions through 2014; repealer

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Jun / 2012
    • REFERRED TO RULES
  • 18 / Jun / 2012
    • AMEND AND RECOMMIT TO RULES
  • 18 / Jun / 2012
    • PRINT NUMBER 7705A
  • 21 / Jun / 2012
    • ORDERED TO THIRD READING CAL.1491
  • 21 / Jun / 2012
    • SUBSTITUTED BY A10583A

Summary

Extends crossbow hunting provisions through 2014.

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Bill Details

See Assembly Version of this Bill:
A10583A
Versions:
S7705
S7705A
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation
Laws Affected:
Amd §17, rpld §12, Chap 483 of 2010; amd §§11-0103 & 11-0719, En Con L

Sponsor Memo

BILL NUMBER:S7705A

TITLE OF BILL:
An act to amend section 17 of chapter 483 of the laws of 2010,
amending the environmental conservation law relating to hunting by
crossbow, in relation to the effectiveness thereof; to amend the
environmental conservation law, in relation to crossbow hunting; and
to repeal section 12 of such chapter relating thereto

PURPOSE:
The purpose of this bill is to extend the authorization to hunt by
means of a crossbow.

SUMMARY OF PROVISIONS:
This bill would:
-extend, until December 31, 2014, the authorization to hunt by means
of a crossbow;
-authorize the Department of Environmental Conservation (DEC) to
revoke a person's hunting license if such person:
-causes death or injury to another person by discharging a crossbow;
-negligently discharges a crossbow and endangers the life or safety or
another; or,
-negligently and wantonly discharges a crossbow to destroy or damage
public or private property; and, impose restrictions on the
modification of the existing special early archery only seasons.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends §12 and §17 of Chapter 483 of the Laws of 2010, §11-0103(25),
§11-0719(1)(a), §11-0719(1)(a)(4), and §11-0719(2),(3) of the
Environmental Conservation Law.

JUSTIFICATION:
This legislation will extend until December 31, 2014, the
authorization to hunt by means of a crossbow. Further the legislation
will permit the Department of Environmental Conservation to revoke a
person's hunting license under appropriate circumstances in line with
the Departments authority for other hunting implements. The
Department of Environmental Conservation is granted the right to
revoke an individual's crossbow license if the individual is found to
have been negligent, causes death or injury to another by discharging
a crossbow, or negligently and wantonly destroys or damages public or
private property.

Finally, the Department of Environmental Conservation is encouraged to
authorize archery youth hunting days.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately; provided however that sections
three, four, five, six, and seven of this act shall take effect on the
ninetieth day after it shall have become a law.


view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 7705--A

                            I N  S E N A T E

                              June 14, 2012
                               ___________

Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
  when printed to be committed to the Committee on  Rules  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT to amend section 17 of chapter 483 of the laws of 2010, amending
  the environmental conservation law relating to hunting by crossbow, in
  relation to the effectiveness  thereof;  to  amend  the  environmental
  conservation  law,  in  relation  to  crossbow  hunting; and to repeal
  section 12 of such chapter relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 17 of chapter 483 of the laws of 2010, amending the
environmental  conservation  law  relating  to  hunting  by crossbow, is
amended to read as follows:
  S 17. This act shall take effect October 1, 2010, except that sections
four and five of this act shall take effect February 1,  2011,  provided
that any rules or regulations necessary for the timely implementation of
the provisions of this act on its effective date shall be promulgated on
or  before  February  1,  2011  and provided further that this act shall
expire on December 31, [2012] 2014 when upon such date the provisions of
this act shall be deemed repealed[; provided, however, that  the  amend-
ments to paragraph a of subdivision 2 of section 11-0907 of the environ-
mental  conservation  law  made  by  section eleven of this act shall be
subject to the expiration and reversion of such  paragraph  pursuant  to
section  13  of  chapter  600 of the laws of 1993, as amended, when upon
such date the provisions of  section  twelve  of  this  act  shall  take
effect].
  S 2. Section 12 of chapter 483 of the laws of 2010, amending the envi-
ronmental conservation law relating to hunting by crossbow is REPEALED.
  S  3. Subdivision 25 of section 11-0103 of the environmental conserva-
tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
read as follows:
  25. "Hunting accident" means the injury to or death of a person caused
by  the  discharge  of  a firearm, CROSSBOW, or longbow while the person

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14619-13-2

S. 7705--A                          2

causing such injury or death, or the person injured or killed, is taking
or attempting to take game, wildlife or fish.
  S  4.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
mental conservation law, as amended by chapter 176 of the laws of  1987,
is amended to read as follows:
  a.  In  the  circumstances described in paragraph b the department may
revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
defined  in  section  11-0701 or issued pursuant to any provision of the
Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.
It may also deny such person, for a period not exceeding five years, the
privilege of obtaining such license or licenses or stamp or stamps or of
hunting,  trapping  or  fishing,  anywhere  in the state with or without
license or stamp, except as provided in subdivision 1 of section 11-0707
or in section 11-0523. It may also require that such person successfully
complete a department-sponsored course and obtain a certificate of qual-
ification  in  responsible  hunting,  [responsible]  CROSSBOW   HUNTING,
bowhunting  or  [responsible]  trapping  practices  before  being issued
another license.
  S 5. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
of the environmental conservation law, as amended by chapter 436 of  the
laws of 2000, is amended to read as follows:
  (4)  is  convicted of an offense involving a violation of subdivisions
one and two of section 11-0901 of this article  relating  to  taking  of
wildlife  when  the person taking is in or on a motor vehicle while such
motor vehicle is on a public highway or an offense involving a violation
of subdivision one of section 11-0901 of this article  and  subparagraph
one  of paragraph a of subdivision four of section 11-0931 of this arti-
cle relating to taking wildlife when the person taking is  in  or  on  a
motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
way that the load or arrow passes over a public highway or a part there-
of or signs an acknowledgment of any such violation for the  purpose  of
affecting a settlement by civil compromise or by stipulation.
  S  6.  Subdivision 2 of section 11-0719 of the environmental conserva-
tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
opening paragraph of paragraph a as amended by section 33 of part  F  of
chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
amended to read as follows:
  2.  a.  The department may revoke the licenses, tags, and stamps which
authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
privilege  of obtaining such licenses, tags, and stamps and may deny the
privileges of hunting and/or trapping with or without a license.
  (1) of any person who, while engaged in hunting or trapping,
  (i) causes death or injury to another by discharging a firearm, CROSS-
BOW, or longbow, or
  (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
endanger the life or safety of another, or
  (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
longbow as to destroy or damage public or private property; or
  (2) of any agent of the department authorized to issue certificates of
qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
trapping  practices  who  improperly  issues any such certification to a
person whom he has not trained, or whom he knows has not  satisfactorily
completed all of the requirements necessary for such certification.

S. 7705--A                          3

  b.  Action  by  the  department  resulting  in  the revocation of such
license or denial of the privilege to hunt and trap as provided in  this
subdivision  shall  be  only after a hearing held by the department upon
notice to the offender, at which proof of facts indicating the violation
is established to the satisfaction of the commissioner or of the hearing
officer designated by him and concurred in by the commissioner. Provided
that where a person, while hunting, causes death or injury to any person
by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
in his discretion, suspend such person's license or licenses to hunt and
suspend such person's right to hunt without a license for a period of up
to sixty days pending a hearing as provided for in this subdivision.
  c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
death or injury to another, the license or licenses shall be revoked and
the  privilege  of obtaining any such license and of hunting or of trap-
ping anywhere in the state with or without a license denied, for a peri-
od not exceeding ten years, except that no revocation shall be  made  in
cases  in  which facts established at the hearing indicate to the satis-
faction of the commissioner that there was no negligence on the part  of
the  shooter or bowman. In all other cases the license or licenses shall
be revoked and the privilege of obtaining such license and of hunting or
of trapping anywhere in the state with or without a license denied for a
period not exceeding five years. The department may  also  require  that
the  person causing such death or injury successfully complete a depart-
ment-sponsored course and  obtain  a  certificate  of  qualification  in
responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
being issued another hunting license.
  d. Every person injuring himself, herself or another person in a hunt-
ing accident, as such term is  defined  in  subdivision  25  of  section
11-0103  of  this chapter, and the investigating law enforcement officer
summoned to or arriving at the scene of such accident shall  within  ten
days  from the occurrence of such accident file a report of the accident
in writing with the department. Every such  person  or  law  enforcement
officer  shall  make such other and additional reports as the department
shall require.  Failure to report such accident as  herein  provided  by
the person causing injury or to furnish relevant information required by
the  department  shall  be  a violation and shall constitute grounds for
suspension or revocation of such person's hunting licenses and denial of
the privilege of obtaining any such license and of hunting with or with-
out a license following a hearing or opportunity to be heard.  In  addi-
tion,  the  department may temporarily suspend the license of the person
failing to report a hunting accident within the period prescribed herein
until such report has been filed. In the case  of  a  non-resident,  the
failure  to  report  an  accident  as  herein  provided shall constitute
grounds for suspension or revocation of his or her privileges of hunting
within this state. The report required by this section shall be made  in
such form and number as the department may prescribe.
  S  7.  Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
read as follows:
  3.  A junior hunting license issued to a person who is at least twelve
and less than sixteen years of age or a junior archery license issued to
a person who is between the ages of twelve  and  sixteen  years  may  be
revoked by the department upon proof satisfactory to the department that
such  person,  while  under  the  age of sixteen, has engaged in hunting
wildlife with a gun, CROSSBOW, or longbow, in circumstances in  which  a
license is required, while not accompanied by his or her parent, guardi-

S. 7705--A                          4

an  or  other  adult  as provided in section 11-0929 of this article. If
such license or privilege is revoked the department shall fix the period
of such revocation, which is not to exceed six years. The department may
require  that  such  person successfully complete a department sponsored
course and obtain a certificate of qualification in responsible hunting,
CROSSBOW HUNTING, or [responsible]  bowhunting  practices  before  being
issued another hunting or bowhunting license.
  S  8.  The only junior hunter days for big game hunting the department
of environmental conservation may authorize during archery  seasons  are
junior archery days.
  S  9.  This  act  shall take effect immediately; provided however that
sections three, four, five, six, and seven of this act shall take effect
on the ninetieth day after it shall have become a law.

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