S T A T E O F N E W Y O R K
________________________________________________________________________
8116
I N S E N A T E
June 9, 2010
___________
Introduced by Sen. AUBERTINE -- 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 the
transfer of a lifetime license for hunting, fishing and trapping
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 2 of section 11-0703 of the environmental
conservation law, as amended by chapter 344 of the laws of 2008, is
amended to read as follows:
2. [No] EXCEPT AS PROVIDED IN SECTION 11-0704 OF THIS TITLE, NO
license, permit, tag or stamp is transferable. No person shall alter,
change, lend to another or attempt to transfer to another any license or
any button, permit, tag or stamp issued therewith. No person, while
hunting, shall possess a license, button, permit, tag or stamp which was
issued to another person unless actually accompanied by the person to
whom such license, button, permit, tag or stamp was issued. No person
shall purchase, possess or use more than one junior archery, junior
hunting, small and big game, big game, bowhunting, muzzle-loading,
sportsman, or resident super-sportsman license or stamp, non-resident
bowhunting or muzzle-loading license, non-resident super-sportsman
license, non-resident bear tag or special permit for the current license
year, except as permitted by regulation of the department. Notwithstand-
ing the prohibitions contained in this subdivision, the department may
authorize by rule or regulation the transfer of deer management permits,
issued pursuant to section 11-0913 of this article, to any person
licensed to hunt deer pursuant to this title.
S 2. The environmental conservation law is amended by adding a new
section 11-0704 to read as follows:
S 11-0704. TRANSFER OF A LIFETIME LICENSE.
A LIFETIME LICENSE, AS PROVIDED IN SECTION 11-0702 OF THIS TITLE, IS
NOT TRANSFERABLE TO ANY PERSON UNLESS:
1. THE PERSON TO WHOM SUCH LICENSE AND PERMIT WAS ISSUED DIES WITHIN
ONE YEAR OF THE ISSUANCE DATE OF SUCH LICENSE AND PERMIT; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17445-02-0
S. 8116 2
2. THE PERSON TO WHOM SUCH LICENSE AND PERMIT IS TO BE TRANSFERRED IS
A LEGAL RESIDENT OF THIS STATE PURSUANT TO THIS TITLE; AND
3. THE PERSON TO WHOM SUCH LICENSE AND PERMIT IS TO BE TRANSFERRED
WOULD OTHERWISE BE ELIGIBLE TO PURCHASE SUCH LICENSE AND PERMIT; AND
4. THE PERSON TO WHOM SUCH LICENSE IS TO BE TRANSFERRED IS RELATED TO
THE PERSON TO WHOM SUCH LICENSE WAS ISSUED BY THE FIRST DEGREE OF
CONSANGUINITY, OR LEGAL MARRIAGE TO SUCH PERSON, OR IS THE ADOPTED CHILD
OR STEP CHILD OR STEP SIBLING OF SUCH PERSON; AND
5. DESIGNATION IS MADE BY THE PERSONAL REPRESENTATIVE OF THE
DECEDENT'S ESTATE; AND
6. THE APPLICATION FOR TRANSFER IS MADE WITHIN THREE YEARS OF THE
ISSUANCE OF THE LICENSE; AND
7. THE PERSON TO WHOM SUCH LICENSE AND PERMIT IS TRANSFERRED PAYS THE
FEE AS SET FORTH IN SECTION 11-0702 OF THIS TITLE; AND
8. SUCH LICENSE AND PERMIT HAS NOT BEEN PREVIOUSLY TRANSFERRED.
PROVIDED, HOWEVER, THAT SUBDIVISIONS ONE AND SIX OF THIS SECTION SHALL
NOT APPLY WHEN THE PERSON TO WHOM SUCH LICENSE WAS ISSUED DIED WHILE
SERVING IN THE ACTIVE UNITED STATES MILITARY, NAVAL, OR AIR SERVICES
DURING A PERIOD OF WAR.
S 3. Subdivision 1 of section 11-0702 of the environmental conserva-
tion law, as separately amended by section 2 of parts KK and LL of chap-
ter 59 of the laws of 2009, is amended to read as follows:
1. There are hereby created the following lifetime hunting, fishing,
trapping, archery and muzzle-loading licenses and fees therefor subject
to the same privileges and obligations of a comparable short term
license:
Licenses Fees
a. Lifetime sportsman
license and turkey
permit. If purchased,
for a child four years
of age or younger $380.00
for a child age five through
eleven years of age $535.00
for a person age twelve through
sixty-nine years of age $765.00
for a person age seventy
and over. $65.00
b. Lifetime small and
big game license. $535.00
c. Lifetime fishing
license for a person age
sixty-nine or younger. $460.00
d. Lifetime fishing license
for a person age seventy
and over. $ 65.00
e. Lifetime trapping
license. $395.00
S. 8116 3
f. Lifetime archery
stamp. $235.00
g. Lifetime muzzle-
loading stamp. $235.00
[g.] H. Lifetime recreational
marine fishing license. $150.00
[ h.] I. Lifetime combination fishing
and recreational marine fishing
license. $450.00
J. FOR TRANSFER TO A PERSON PURSUANT
TO SECTION 11-0704 OF THIS TITLE $50.00
The holder of a lifetime small and big game license or fishing license
may, at any time, convert such license to a lifetime sportsman license
and turkey permit for an additional fee equal to the existing differen-
tial.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law; provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized and directed to be made and completed on or before such
effective date.
