senate Bill S2382A

2011-2012 Legislative Session

Relates to the right to hunt, trap and fish

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Archive: Last Bill Status - In Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2012 to attorney-general for opinion
Jan 04, 2012 referred to judiciary
Jun 22, 2011 opinion referred to judiciary
Jun 16, 2011 referred to environmental conservation
delivered to assembly
passed senate
May 26, 2011 to attorney-general for opinion
May 03, 2011 amended on third reading 2382a
Apr 27, 2011 opinion referred to judiciary
Mar 31, 2011 advanced to third reading
Mar 30, 2011 2nd report cal.
Mar 29, 2011 1st report cal.269
Jan 25, 2011 to attorney-general for opinion
Jan 19, 2011 referred to judiciary

Votes

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Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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S2382 - Bill Details

See Assembly Version of this Bill:
A6864A
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20, Constn
Versions Introduced in 2009-2010 Legislative Session:
S3049

S2382 - Bill Texts

view summary

Relates to the right to hunt, trap and fish; provides for regulation by the state.

view sponsor memo
BILL NUMBER:S2382

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to the right to
hunt, trap and fish

PURPOSE:
This proposed constitutional amendment would provide within
the New York State Constitution for a right of the people to hunt,
trap and fish.

SUMMARY OF PROVISIONS:
A new Article Twenty would be added to the
state constitution to ensure the right of the law-abiding citizen to
hunt, trap and fish subject to reasonable regulation by the state.

JUSTIFICATION:
The roots of hunting, fishing and trapping go deep into
the soil of our American experience. A way of life to Native
Americans and European settlers and sources of food and commerce,
they have since matured beyond their subsistence origins to become
revered outdoor pastimes enjoyed by 1.7 million New Yorkers and
visitors for the pleasure, challenge, companionship, food and
additional income that our outdoor sporting traditions provide.

New York's outdoor sporting traditions have a significant impact on
New York's economy as well. According to the 1996 National Survey of
Fishing, Hunting, and Wildlife-Associated Recreation conducted by the
U.S. departments of Interior and Commerce, recreational anglers and
hunters spent more than $2.5 billion in pursuit of their pastimes in
New York in 1996. New York hunters and anglers annually spend
millions of dollars for goods and services provided by businesses
located throughout the state. Apart from the cost of their sporting
licenses, outdoorsmen's expenditures support jobs, generate sales and
income taxes, and are integral parts of the tourism industry. Hunters
and anglers come from all over the United States to fish legendary
Catskill and Adirondack streams and enjoy the thrill of the ruffed
grouse flushing in our many forests and state wildlife management
areas.

Sportsmen spend money for equipment, bait and tackle, hotels and
motels, restaurants, lodges and camps, grocery and hardware stores,
vehicles, boats, fuel and guide services. The survey found that these
expenditures and their associated economic impact supported 43,000
jobs and generated $100 million in state sales taxes and $32 million
in state income taxes in New York State in 1996.

New York has invested considerable sums of tax dollars in the
acquisition of land for outdoor recreation, including canoeing,
kayaking and hiking, fishing rights, and hunting. Habitat restoration
projects, funded by the state, are designed in part to enhance fish
spawning and the proliferation of game species.

Because of the public dollars and license fees that have supported
game reintroductions and habitat improvements, the increasing
suburbanization of the state, continued loss of open and wild areas,


the distance between the population and our subsistence roots, and their
foundation in our culture and history, particularly in our rural
areas, the time honored and respected pastimes of hunting, fishing and
trapping should be recognized in our constitution as rights of the
people.

LEGISLATIVE HISTORY:
S.3049 of 2009-10; S.2639 of 2007-08.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after
the next succeeding general election of members of the assembly,
and, in conformity with section 1 of article 19 of the constitution,
be published for 3 months previous to the time of such election.

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

                                  2382

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced  by  Sens.  SEWARD,  DeFRANCISCO,  LARKIN,  LITTLE,  MAZIARZ,
  O'MARA, RANZENHOFER -- read twice and ordered printed, and when print-
  ed to be committed to the Committee on Judiciary

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing an amendment to the constitution, in relation to the right  to
  hunt, trap and fish

  Section  1.  Resolved (if the Assembly concur), That article 20 of the
constitution be renumbered article 21 and a new article 20 be  added  to
read as follows:

                               ARTICLE XX
                      RIGHT TO HUNT, TRAP AND FISH

  SECTION  1.    HUNTING,  TRAPPING,  AND FISHING AND THE TAKING OF WILD
ANIMALS, BIRDS AND FISH ARE A VALUED PART OF OUR HERITAGE  AND  WILL  BE
FOREVER  PRESERVED FOR THE PEOPLE. FISH AND WILDLIFE SHALL BE MANAGED BY
LAWS AND REGULATIONS THAT PROVIDE  PERSONS WITH THE  CONTINUED  OPPORTU-
NITY  TO  TAKE,  BY TRADITIONAL MEANS AND METHODS, SPECIES TRADITIONALLY
PURSUED BY HUNTERS, ANGLERS AND TRAPPERS. FISH AND WILDLIFE  MANAGEMENT,
INCLUDING  TAKING,  SHALL BE CONSISTENT WITH THE STATE'S DUTY TO PROTECT
THIS HERITAGE AND ITS DUTY TO CONSERVE WILD ANIMALS,  BIRDS,  AND  FISH,
AND  NO COUNTY, MUNICIPALITY OR POLITICAL SUBDIVISION OF THE STATE SHALL
REGULATE AN INCIDENT OF THE RIGHT TO HUNT, TRAP AND FISH.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the Assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89065-01-1

Co-Sponsors

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S2382A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A6864A
Current Committee:
Law Section:
Constitution, Concurrent Resolutions to Amend
Laws Affected:
Ren Art 20 to be Art 21, add Art 20, Constn
Versions Introduced in 2009-2010 Legislative Session:
S3049

S2382A (ACTIVE) - Bill Texts

view summary

Relates to the right to hunt, trap and fish; provides for regulation by the state.

view sponsor memo
BILL NUMBER:S2382A

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to the right to
hunt, trap and fish

PURPOSE:
To provide within the New York State Constitution a right of
the people to hunt, trap and fish.

SUMMARY OF PROVISIONS:
A new Article Twenty would be added to the
state constitution to ensure the right of the law-abiding citizen to
hunt, trap and fish subject to reasonable regulation by the state.

JUSTIFICATION:
The roots of hunting, fishing and trapping go deep into
the soil of our American experience. A way of life to Native
Americans and European settlers and sources of food and commerce,
they have since matured beyond their subsistence origins to become
revered outdoor pastimes enjoyed by 1.7 million New Yorkers and
visitors for the pleasure, challenge, companionship, food and
additional income that our outdoor sporting traditions provide.

New York's outdoor sporting traditions have a significant impact on
New York's economy as well. According to the 1996 National Survey of
Fishing, Hunting, and Wildlife-Associated Recreation conducted by the
u.s. departments of Interior and Commerce, recreational anglers and
hunters spent more than $2.5 billion in pursuit of their pastimes in
New York in 1996. New York hunters and anglers annually spend
millions of dollars for goods and services provided by businesses
located throughout the state. Apart from the cost of their sporting
licenses, outdoorsmen's expenditures support jobs, generate sales and
income taxes, and are integral parts of the tourism industry. Hunters
and anglers come from all over the United States to fish legendary
Catskill and Adirondack streams and enjoy the thrill of the ruffed
grouse or American woodcock flushing in our many forests and state
wildlife management areas.

Sportsmen spend money for equipment, bait and tackle, hotels and
motels, restaurants, lodges and camps, grocery and hardware stores,
vehicles, boats, fuel and guide services. The survey found that these
expenditures and their associated economic impact supported 43,000
jobs and generated $100 million in state sales taxes and $32 million
in state income taxes in New York State in 1996.

New York has invested considerable sums of tax dollars in the
acquisition of land for outdoor recreation, including canoeing,
kayaking and hiking, fishing rights, and hunting; as well as the
construction and maintenance of hatcheries. Habitat restoration

projects, funded by the state, are designed in part to enhance fish
spawning and the proliferation of game species.

Because of the public dollars and license fees that have supported
game reintroductions and habitat improvements, the increasing
suburbanization of the state, continued loss of open and wild areas,
the distance between the population and our subsistence roots, and
their foundation in our culture and history, particularly in our
rural areas, the time honored and respected pastimes of hunting,
fishing and trapping should be recognized in our constitution as
rights of the people.

Currently, the state's environmental conservation law declares that
the state owns and manages game and wildlife (§ 11-0105) and
pre-empts local governments from regulating or managing wildlife
species or seasons (§ 11-0111). The proposed amendment does not
alter the relationship between the state and local governments in the
regulation
and management of fish and game, nor does it prohibit local
governments from delineating appropriate uses for their
municipally-owned property, such as parks. By enshrining the state's
statutory policy in the constitution, the right to engage in outdoor
pursuits will be protected by an act of the people and not be subject
to the one-time act of an adverse legislature when, for a moment in
time, traditional outdoor pastimes might fall out of favor.

LEGISLATIVE HISTORY:
S.3049 of 2009-10; S.2639 of 2007-08.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This amendment would take effect upon approval of the
voters at a general election succeeding the passage of such amendment
by two separately elected legislatures.

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

                                 2382--A
    Cal. No. 269

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced   by  Sens.  SEWARD,  DeFRANCISCO,  LARKIN,  LIBOUS,  LITTLE,
  MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, YOUNG --  read  twice
  and ordered printed, and when printed to be committed to the Committee
  on  Judiciary  --  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

            CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY

proposing  an amendment to the constitution, in relation to the right to
  hunt, trap and fish

  Section 1. Resolved (if the Assembly concur), That article 20  of  the
constitution  be  renumbered article 21 and a new article 20 be added to
read as follows:

                               ARTICLE XX
                      RIGHT TO HUNT, TRAP AND FISH

  SECTION 1.   HUNTING, TRAPPING, AND FISHING AND  THE  TAKING  OF  WILD
ANIMALS,  BIRDS  AND  FISH ARE A VALUED PART OF OUR HERITAGE AND WILL BE
FOREVER PRESERVED FOR THE PEOPLE. FISH AND WILDLIFE SHALL BE MANAGED  BY
STATE  LAWS  AND  REGULATIONS  THAT PROVIDE   PERSONS WITH THE CONTINUED
OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND  METHODS,  SPECIES  TRADI-
TIONALLY  PURSUED  BY  HUNTERS,  ANGLERS AND TRAPPERS. FISH AND WILDLIFE
MANAGEMENT, INCLUDING TAKING, SHALL BE CONSISTENT WITH THE STATE'S  DUTY
TO  PROTECT  THIS HERITAGE AND ITS DUTY TO CONSERVE WILD ANIMALS, BIRDS,
AND FISH, AND SHALL BE SUBJECT TO REASONABLE REGULATION AS PRESCRIBED BY
STATE STATUTE.
  S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
be referred to the first regular legislative session convening after the
next  succeeding  general  election  of members of the Assembly, and, in
conformity with  section  1  of  article  19  of  the  constitution,  be
published for 3 months previous to the time of such election.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD89065-02-1

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