Senate Bill S177

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

                                 177--A
    Cal. No. 10

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  reducing the required minimum  age  for  obtaining  a  junior  archery
  license

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

  Section 1. Paragraph c of subdivision 2  of  section  11-0701  of  the
environmental  conservation  law,  as  amended by section 7 of part F of
chapter 82 of the laws of 2002, is amended to read as follows:
  c. A junior archery license entitles a resident holder who is  between
the  ages  of  [fourteen] TWELVE and sixteen years to hunt wild deer and
bear with a longbow during the special archery  season  and  during  the
regular  season,  as  provided  in  title  9 of this article, as if such
person held a license which authorizes the holder to hunt big game  with
a bowhunting stamp affixed, subject to the provisions of section 11-0929
and  subdivision  3  of  section  11-0713 of this article. It entitles a
non-resident holder who is between the ages  of  [fourteen]  TWELVE  and
sixteen  years  to  hunt  wild  deer  and bear with a longbow during the
special archery season and during the regular  season,  as  provided  in
title  9 of this article, as if such person held a non-resident bowhunt-
ing license, a non-resident license which authorizes the holder to  hunt
deer  and  a non-resident bear tag, subject to the provisions of section
11-0929 and subdivision 3 of section 11-0713 of this article.
  S 2. Subdivision 2 of section 11-0713 of the  environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, is amended to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD01682-03-1

S. 177--A                           2

  2. The issuing officer shall not issue a junior archery license  to  a
person  between  the  ages  of [fourteen] TWELVE and sixteen or a junior
hunting license to a person between the ages of twelve and sixteen years
unless at the time of issuance applicant is accompanied by  his  or  her
parent  or  legal  guardian  who  shall  consent  to the issuance of the
license and shall so signify by signing his OR HER name  in  ink  across
the  face  of  it.  At  no time shall such licenses be issued by mail to
persons between the ages of twelve and sixteen years.
  S 3. Subdivision 3 of section 11-0719 of the  environmental  conserva-
tion  law,  as amended by chapter 344 of the laws of 2008, 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  [fourteen or fifteen] BETWEEN THE AGES OF TWELVE AND
SIXTEEN years [of age] 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  or  longbow,  in
circumstances  in  which a license is required, while not accompanied by
his or her parent, guardian  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  [four]  SIX  years.  The department may require that such person
successfully complete a department sponsored course and obtain a certif-
icate of qualification in responsible hunting or responsible  bowhunting
practices before being issued another hunting or bowhunting license.
  S  4. Section 11-0929 of the environmental conservation law is amended
by adding a new subdivision 5 to read as follows:
  5. A JUNIOR ARCHERY LICENSEE, WHO IS TWELVE OR THIRTEEN YEARS OF  AGE,
SHALL NOT HUNT DEER OR BEAR UNLESS:
  (A)  HE  OR SHE IS ACCOMPANIED BY HIS OR HER PARENT OR LEGAL GUARDIAN,
OR BY A PERSON DESIGNATED IN WRITING BY HIS OR HER PARENT OR LEGAL GUAR-
DIAN ON A FORM PRESCRIBED BY THE DEPARTMENT WHO IS TWENTY-ONE  YEARS  OF
AGE OR OLDER AND
  (B)  SUCH  PARENT,  GUARDIAN  OR  PERSON HAS HAD AT LEAST THREE YEAR'S
EXPERIENCE IN HUNTING DEER OR BEAR BY LONGBOW AND
  (C) SUCH PARENT, GUARDIAN OR PERSON HOLDS A  LICENSE  THAT  AUTHORIZES
THE HOLDER TO HUNT BIG GAME AND
  (D)  SUCH  PARENT,  GUARDIAN OR PERSON MAINTAINS PHYSICAL CONTROL OVER
THE MINOR HE OR SHE IS ACCOMPANYING AT ALL TIMES WHILE HUNTING. FOR  THE
PURPOSES  OF THIS PARAGRAPH "PHYSICAL CONTROL" SHALL MEAN THAT THE PHYS-
ICAL PROXIMITY OF THE MINOR TO THE PARENT, GUARDIAN OR  PERSON  IS  SUCH
THAT  THE  PARENT, GUARDIAN OR PERSON IS REASONABLY ABLE TO ISSUE VERBAL
DIRECTIONS AND  INSTRUCTIONS,  MAINTAIN  CONSTANT  VISUAL  CONTACT,  AND
OTHERWISE PROVIDE GUIDANCE AND SUPERVISION TO THE MINOR.
  S  5.  This  act shall take effect on the ninetieth day after it shall
have become a law.