S T A T E O F N E W Y O R K
I N S E N A T E
February 25, 2014
Introduced by Sen. LITTLE -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
guides and outfitters
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 11-0533 of the environmental conservation law, as
added by chapter 398 of the laws of 1985, is amended to read as follows:
S 11-0533. [Licensing of guides] GUIDES AND OUTFITTERS.
1. DEFINITIONS. As used in this section[, the term "guide"]:
A. "GUIDE" shall mean [a person] AN INDIVIDUAL who offers services for
hire part or all of which includes directing, instructing, or aiding
another in fishing, hunting, camping, hiking, white water canoeing,
KAYAKING AND rafting, or rock and ice climbing.
B. "OUTFITTER" SHALL MEAN ANY PERSON SOLICITING TO PROVIDE OR WHO
PROVIDES, FOR COMPENSATION, A GUIDE.
2. All guides engaging in the business of guiding on all lands and
waters of the state shall possess a license issued by the department,
except for any [persons] INDIVIDUALS operating or assisting upon a
public vessel for hire (passenger carrying vessels), licensed by the
United States Coast Guard or New York state, upon the Atlantic Ocean and
all other marine and coastal waters, tidal waters including the Hudson
river up to the Troy barrier dam, St. Lawrence river, Great Lakes and
the navigable portion of their tributaries, and other navigable waters,
as determined by the department.
3. Except while guiding for the purposes of hunting and/or fishing, no
license as defined in section 11-0701 OF THIS ARTICLE is required for
4. Employees of children's camps as defined in subdivision one of
section one thousand four hundred of the public health law shall be
exempt from the provisions of subdivisions one and two of this section,
provided such activities are carried out within the scope of said
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
S. 6663 2
5. A license as required under subdivision two of this section shall
be issued for a period of five calendar years and the fee therefor shall
be established by the department, not to exceed two hundred dollars FOR
RESIDENTS AND FIVE HUNDRED DOLLARS FOR NON-RESIDENTS.
6. Every licensed guide while engaged in guiding shall wear in plain
sight identification furnished by the department. Licensed guides shall
be at least eighteen years of age. They shall be skilled in the use of
boats and canoes whenever use of these craft is required and shall be
persons competent to guide one or more of the following: camping, hunt-
ing, fishing, hiking, white water canoeing/rafting, rock or ice climbing
or other similar activities. The department shall by regulation estab-
lish standards and procedures for testing and licensing of guides.
7. [Any] NO OUTFITTER SHALL PROVIDE FOR GUIDE SERVICES A GUIDE WHO IS
NOT LICENSED PURSUANT TO THIS SECTION.
8. EVERY LICENSED GUIDE OR THE OUTFITTER PROVIDING THE SERVICES OF
SUCH A GUIDE SHALL, PRIOR TO ENGAGING IN GUIDING OR PROVIDING A GUIDE
FOR SERVICE, PROVIDE A WRITTEN DISCLOSURE OF THE TERMS OF EMPLOYMENT OF
THE GUIDE BY THE CLIENT, INCLUDING THE DATE, TIME PERIOD, COST AND CHAR-
ACTER OF THE SERVICES TO BE PROVIDED. SUCH WRITTEN DISCLOSURE SHALL BE
SIGNED BY THE CLIENT PRIOR TO THE PROVISION OF GUIDE SERVICES AND BE
MAINTAINED FOR INSPECTION BY THE GUIDE OR THE OUTFITTER FOR A PERIOD OF
9. NO INDIVIDUAL SHALL ENGAGE IN GUIDING WHILE IN AN INTOXICATED
CONDITION, AS DEFINED IN SECTION 11-1201 OF THIS ARTICLE. NO INDIVIDUAL
SHALL ENGAGE IN GUIDING WHEN HIS OR HER ABILITY TO GUIDE CREATES AN
UNREASONABLE RISK OF INJURY OR DEATH TO HIMSELF OR HERSELF, OR ANOTHER
HUMAN LIFE. ANY INDIVIDUAL WHO GUIDES WHILE IN AN INTOXICATED CONDITION
OR AN IMPAIRED CONDITION, AS DEFINED IN SECTION 11-1201 OF THIS ARTICLE,
SHALL BE SUBJECT TO THE SAME RULES OF EVIDENCE, STANDARDS, PROCEDURES
AND PENALTIES ESTABLISHED PURSUANT TO SECTIONS 11-1205 AND 11-1209 OF
THIS ARTICLE AS IF HE OR SHE WERE HUNTING WHILE INTOXICATED.
10. NO OUTFITTER SHALL KNOWINGLY PROVIDE GUIDES WHO ARE, APPEAR TO BE
OR ARE SUSPECTED TO BE IN AN INTOXICATED OR IMPAIRED CONDITION, AS
DEFINED IN SECTION 11-1201 OF THIS ARTICLE.
11. FOR ANY licensed guide who violates any provision of this chapter
or who makes any false statement OR SUBMITS FALSE DOCUMENTATION in his
OR HER application for a license [shall], OR VIOLATES ANY PROVISION OF
THE PENAL LAW WHILE GUIDING, in addition to any other penalties, [imme-
diately surrender his license to] the department[, which] may [be
revoked by the department] SUSPEND SUCH GUIDE'S LICENSE for up to [one
year following the date of such surrender] TWO YEARS, OR REVOKE SUCH
LICENSE; PROVIDED THAT SUCH SUSPENSION OR REVOCATION SHALL BECOME EFFEC-
TIVE AFTER A HEARING OR OPPORTUNITY TO BE HEARD PURSUANT TO THE
PROVISIONS OF DEPARTMENT REGULATIONS, UNLESS A HEARING IS WAIVED BY SUCH
GUIDE. IF THE ALLEGED VIOLATION IS FOR GUIDING WHILE IN AN INTOXICATED
OR IMPAIRED CONDITION, OR THE GUIDE REFUSES TO TAKE A BREATH TEST OR
CHEMICAL TEST, AND THERE WAS A THREAT OF HARM OR LOSS OF LIFE TO THE
GUIDE'S CLIENT, THE DEPARTMENT MAY IMMEDIATELY SUSPEND THE GUIDE'S
LICENSE PENDING ANY PROSECUTION, PROVIDED THAT THE DEPARTMENT SHALL
OFFER THE GUIDE AN OPPORTUNITY TO HAVE A HEARING WITHIN FIFTEEN DAYS.
FOR PURPOSES OF THIS SUBDIVISION, "THREAT OF HARM OR LOSS OF LIFE" SHALL
INCLUDE TAKING A CLIENT BOATING, KAYAKING, CANOEING, RAFTING, HUNTING
WITH A FIREARM OR BOW, ROCK CLIMBING OR ICE CLIMBING WHILE IN AN INTOXI-
CATED OR IMPAIRED CONDITION.
[8.] 12. The department shall [publish] MAINTAIN a CURRENT list of
LICENSED guides [annually] ON THE DEPARTMENT'S WEBSITE.
S. 6663 3
S 2. Section 71-0921 of the environmental conservation law is amended
by adding three new subdivisions 14, 15 and 16 to read as follows:
14. VIOLATION OF SUBDIVISION TWO, SEVEN OR TEN OF SECTION 11-0533 OF
THIS CHAPTER SHALL, IN THE CASE OF A FIRST VIOLATION, BE GUILTY OF A
MISDEMEANOR AND, UPON CONVICTION THEREOF, BE PUNISHED BY A FINE NOT TO
EXCEED FIVE THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN NINETY
DAYS, OR BY BOTH SUCH FINE AND IMPRISONMENT; IN THE CASE OF A SECOND OR
SUBSEQUENT VIOLATION, SUCH PERSON SHALL BE GUILTY OF A MISDEMEANOR AND,
UPON CONVICTION THEREOF, SHALL BE PUNISHED BY A FINE NOT TO EXCEED TEN
THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE YEAR, OR BY
BOTH SUCH FINE AND IMPRISONMENT.
15. THE DEPARTMENT OR A COURT MAY, FOR CAUSE AND AFTER TWO OR MORE
VIOLATIONS OF SUBDIVISION SEVEN OR TEN OF SECTION 11-0533 OF THIS CHAP-
TER, SUSPEND AN OUTFITTER'S PRIVILEGE TO PROVIDE GUIDES FOR AT LEAST ONE
YEAR AND NO MORE THAN TEN YEARS. IN DETERMINING THE LENGTH OF SUCH
SUSPENSION, THE DEPARTMENT OR A COURT SHALL TAKE INTO CONSIDERATION THE
SERIOUSNESS OF THE OFFENSE.
16. THE DEPARTMENT OR A COURT MAY REVOKE THE LICENSE OF A GUIDE, OR
THE PRIVILEGE OF AN OUTFITTER TO PROVIDE GUIDES, FOR NOT LESS THAN FIVE
YEARS UPON A CONVICTION OF MANSLAUGHTER OR RECKLESS ENDANGERMENT WHILE
GUIDING BY A GUIDE OR BY A PERSON ACTING AS A GUIDE WHILE WORKING FOR
S 3. Section 71-0925 of the environmental conservation law is amended
by adding a new subdivision 16 to read as follows:
16. IF THE VIOLATION WAS A VIOLATION OF SUBDIVISION SIX, SEVEN OR
EIGHT OF SECTION 11-0533 OF THIS CHAPTER, NOT LESS THAN FIVE HUNDRED
S 4. This act shall take effect immediately.