senate Bill S1699A

Amended

Permits hunting with crossbows in certain circumstances

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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

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 10 / Apr / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 10 / Apr / 2013
    • PRINT NUMBER 1699A
  • 16 / Apr / 2013
    • REPORTED AND COMMITTED TO FINANCE
  • 31 / May / 2013
    • AMEND AND RECOMMIT TO FINANCE
  • 31 / May / 2013
    • PRINT NUMBER 1699B
  • 11 / Jun / 2013
    • REPORTED AND COMMITTED TO RULES
  • 11 / Jun / 2013
    • ORDERED TO THIRD READING CAL.1225
  • 12 / Jun / 2013
    • PASSED SENATE
  • 12 / Jun / 2013
    • DELIVERED TO ASSEMBLY
  • 12 / Jun / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • DIED IN ASSEMBLY
  • 08 / Jan / 2014
    • RETURNED TO SENATE
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Permits hunting with crossbows in certain circumstances.

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Bill Details

Versions:
S1699
S1699A
S1699B
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยงยง11-0103, 11-0713, 11-0719, 11-0901 & 11-0931, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S6747A

Votes

8
4
8
Aye
4
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S1699A

TITLE OF BILL: An act to amend the environmental conservation law, in
relation to authorizing crossbow hunting in certain regions of the
state

PURPOSE:

This bill would allow the Department of Environmental Conservation to
promulgate standards to allow for a legalized crossbow hunting season.

SUMMARY OF PROVISIONS:

Section 1 of this bill expands the definition of hunting accident to
include an injury or death caused by the discharge of a crossbow.

Section 2 and Section 3 of this bill directs the DEC to adopt safety
regulations for crossbows and to include such regulations in basic
hunter education courses.

Section 4 of this bill includes the act of discharging a crossbow from
a motor vehicle where the arrow or load passes over a public highway
as a violation.

Section 5 gives the DEC the authority to revoke a crossbow license for
misuse.

Section 6 regulates the taking of deer.

Section 7 addresses hunting with an artificial light.

Section 8 authorizes the DEC to regulate crossbow hunting.

Section 9 defines regulations for travelling in a motor vehicle with a
crossbow.

Section 10 and Section 11 puts limitations on hunting with a crossbow.

Section 12 sets the effective date.

JUSTIFICATION:

Currently, hunting with a crossbow is not permitted in New York State
except under very limited conditions relating to being almost
completely physically disabled. However, a person is permitted to hunt
with a long bow. In states including Georgia, Michigan, and Ohio that
allow the use of crossbows, crossbows appear to be an important
recruitment and retention tool for hunters.

Many people start out hunting with crossbows and eventually switch to
longbows or compound bows. Also, the sportsmen in these states have
realized that the recruitment of additional hunters outweighs any
differences over hunting tools. The Sportsmen's cause and the future
of hunting are only enhanced by more people entering the ranks of
active and participating Sportsmen. Further, these states found that
crossbow use has not resulted in a decrease in bag limits nor has
poaching increased.


As expected, where crossbow hunting, is permitted, it has been
documented as a safe, responsible and popular means of hunting, and it
has had no ill effect on wildlife resources or on any other group of
sportsmen. Crossbow seasons also create hunting opportunities for
people with disabilities, and those that cannot use a longbow or
compound bow. Many people want to hunt with archery equipment, but
simply are not able to physically maneuver a longbow or a compound bow
- i.e. disabled persons, older persons or persons that lack the upper
body muscle strength needed for longbows or compound bows. Crossbows
can be used by all of these persons, affording them the opportunity
they are now missing. Finally, the bill defines crossbow in accordance
with the standards adopted by the American Crossbow Federation.

LEGISLATIVE HISTORY:

2011-12 S.6747-A/A.9682 Passed Senate/Referred to Environmental
Conservation

FISCAL IMPLICATIONS:

Positive to the State, as there will be an increase in the number of
licenses that are issued.

EFFECTIVE DATE:

This act shall take effect immediately.

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

                                 1699--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. GALLIVAN, GRIFFO, LANZA, LARKIN, LIBOUS, MARCHIONE,
  MAZIARZ, O'MARA, SEWARD, VALESKY -- read twice  and  ordered  printed,
  and  when  printed  to  be committed to the Committee on Environmental
  Conservation -- committee discharged, bill amended, ordered  reprinted
  as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing crossbow hunting in certain regions of the state

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

  Section  1.  Subdivision  25  of  section 11-0103 of the environmental
conservation 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
causing such injury or death, or the person injured or killed, is taking
or attempting to take game, wildlife or fish.
  S 2. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
OF  HUNTING  WITH  A  CROSSBOW  AND  RESPONSIBLE HUNTING PRACTICES. SUCH
TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
DEPARTMENT SHALL PROVIDE DOCUMENTATION OF THE SUCCESSFUL  COMPLETION  OF
THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN  INCORPORATED INTO THE HUNTER
EDUCATION PROGRAM SHALL COMPLETE AN ONLINE  OR  OTHER  TRAINING  PROGRAM
APPROVED  BY  THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT BIG GAME.
THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO  DOCUMENT
COMPLETION  OF  THIS  PROGRAM  AND  MAY REQUIRE A PERSON TO POSSESS SUCH
PROOF WHILE HUNTING WITH A CROSSBOW.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00023-02-3

S. 1699--A                          2

  S 3. 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] THIS ARTICLE,  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 qualification in responsible hunting,
[responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
practices before being issued another license.
  S 4. 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 5. 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.
  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

S. 1699--A                          3

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  6.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
environmental conservation law, as amended by chapter 600 of the laws of
1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
follows:
  b. No person shall hunt deer:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or  a  single  slug,
provided  however, the use of a shotgun of twenty gauge or larger having

S. 1699--A                          4

a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
loaded  with  shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only  shells  having  a  non-metallic
case, except for the base, are used; or
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  c. No person shall hunt bear:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
other  than  shells  each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger  having
a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a  single  slug,
shall  not  be  prohibited  so long as only shells having a non-metallic
case, except for the base, are used; or
  (5) with [a bow other than] a long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  S  7.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 600 of the laws of  1993,
is amended to read as follows:
  d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
light or other type of artificial light by  any  person  who  is  or  is
accompanied  by  a person who is in possession, at the time of such use,
of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
evidence  that  such person is hunting deer or bear with the aid of such
light, in violation of this subdivision, unless:
  (1) such long bow is unstrung, or such a firearm OR CROSSBOW is  taken
down,  or securely fastened in a case, or locked in the trunk of a vehi-
cle, or
  (2) the firearm is a pistol or revolver, or
  (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
designed  or  adapted  for  use  of  rim-fire ammunition and neither the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two cali-
ber rim-fire ammunition, or
  (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
neither  the  person  in  possession  of  the gun, nor any member of his
party, has in his possession ammunition other than  shells  loaded  with
scatter shot of size number four or smaller.
  S  8. Section 11-0901 of the environmental conservation law is amended
by adding a new subdivision 17 to read as follows:

S. 1699--A                          5

  17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE BY THE
USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY HUNTING SEASON. A SUMMA-
RY  OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING SYLLABUS OF THE DEPART-
MENT ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  S 9. Subdivision 2 of section 11-0931 of the  environmental  conserva-
tion law, as amended by section 7 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
  2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
firearm which may be legally used for taking migratory game birds may be
carried  or possessed in a motorboat while being legally used in hunting
migratory game birds, and no person except a law enforcement officer  in
the  performance  of  his  official duties shall, while in or on a motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited by deer if he is in possession or is accompanied by  a  person
who is in possession, at the time of such use, of a longbow, crossbow or
a  firearm  of any kind except a pistol or revolver, unless such longbow
is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
fastened  in  a case or locked in the trunk of the vehicle. For purposes
of this subdivision, motor vehicle shall mean  every  vehicle  or  other
device  operated  by  any power other than muscle power, and which shall
include but not be limited to automobiles,  trucks,  motorcycles,  trac-
tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
operated on or off public highways. Notwithstanding  the  provisions  of
this subdivision, the department may issue a permit to any person who is
non-ambulatory,  except  with  the use of a mechanized aid, to possess a
loaded firearm in or on a motor vehicle  as  defined  in  this  section,
subject to such restrictions as the department may deem necessary in the
interest   of  public  safety.  Nothing  in  this  section  permits  the
possession of a pistol or a revolver contrary to the penal law.
  S 10. Subdivision 4 of section 11-0931 of the environmental  conserva-
tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
the laws of 1976, is amended to read as follows:
  4. a. No person shall:
  (1) discharge a firearm, CROSSBOW or long bow in such a  way  as  will
result  in the load, BOLT or arrow thereof passing over a public highway
or any part thereof;
  (2) discharge a firearm, CROSSBOW or long bow within five hundred feet
from a dwelling house, farm building or farm structure actually occupied
or used, school building, school  playground,  or  occupied  factory  or
church;
  (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
game  birds  in Larchmont Harbor, specifically those portions bounded by
the following points of land:
  BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.

S. 1699--A                          6

  (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
tory  game  birds in Udall's Cove, specifically those portions of Little
Neck Bay within Nassau and Queens counties lying east of a line  running
north from the foot of Douglaston Parkway to the shore opposite.
  b.  The  prohibitions contained in subparagraph 2 of paragraph a above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in  his  employ,  or
the  guest  of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that  nothing  herein
shall be deemed to authorize such persons to discharge a firearm, CROSS-
BOW  or longbow within five hundred feet of any other dwelling house, or
a farm building or farm structure actually occupied or used, or a school
building or playground or occupied factory or church;
  (2) Programs conducted by  public  schools  offering  instruction  and
training in the use of firearms, CROSSBOW or long bow;
  (3)  The  authorized  use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law  enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry  game  birds  if  no dwelling house or public structure, livestock or
person is situated in the line of discharge less than five hundred  feet
from the point of discharge.
  S  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
paragraph does not apply to persons, engaged in coyote hunts  with  dogs
during any open season on coyotes established pursuant to the provisions
of section 11-0903.
  S 12. This act shall take effect immediately.

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