S T A T E O F N E W Y O R K
________________________________________________________________________
7705
I N S E N A T E
June 14, 2012
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend section 17 of chapter 483 of the laws of 2010, amending
the environmental conservation law relating to hunting by crossbow, in
relation to the effectiveness thereof; to amend the environmental
conservation law, in relation to crossbow hunting; and to repeal
section 12 of such chapter relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 17 of chapter 483 of the laws of 2010, amending the
environmental conservation law relating to hunting by crossbow, is
amended to read as follows:
S 17. This act shall take effect October 1, 2010, except that sections
four and five of this act shall take effect February 1, 2011, provided
that any rules or regulations necessary for the timely implementation of
the provisions of this act on its effective date shall be promulgated on
or before February 1, 2011 and provided further that this act shall
expire on December 31, [2012] 2014 when upon such date the provisions of
this act shall be deemed repealed[; provided, however, that the amend-
ments to paragraph a of subdivision 2 of section 11-0907 of the environ-
mental conservation law made by section eleven of this act shall be
subject to the expiration and reversion of such paragraph pursuant to
section 13 of chapter 600 of the laws of 1993, as amended, when upon
such date the provisions of section twelve of this act shall take
effect].
S 2. Section 12 of chapter 483 of the laws of 2010, amending the envi-
ronmental conservation law relating to hunting by crossbow is REPEALED.
S 3. Subdivision 25 of section 11-0103 of the environmental conserva-
tion 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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14619-08-2
S. 7705 2
S 4. 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, 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 qual-
ification in responsible hunting, [responsible] CROSSBOW HUNTING,
bowhunting or [responsible] trapping practices before being issued
another license.
S 5. 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 6. 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. 7705 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 7. Subdivision 3 of section 11-0719 of the environmental conserva-
tion law, as amended by chapter 25 of the laws of 2011, 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 between the ages of twelve and sixteen years 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, CROSSBOW, or longbow, in circumstances in which a
license is required, while not accompanied by his or her parent, guardi-
an 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 six years. The department may
S. 7705 4
require that such person successfully complete a department sponsored
course and obtain a certificate of qualification in responsible hunting,
CROSSBOW HUNTING, or [responsible] bowhunting practices before being
issued another hunting or bowhunting license.
S 8. The department of environmental conservation shall not permit,
authorize, or enact regulations permitting or authorizing the use of
firearms, crossbows, or muzzleloaders for big game hunting before or
during the special early archery only seasons. In addition, the only
youth hunting days for big game hunting the department of environmental
conservation may authorize during special archery seasons are youth
archery days.
S 9. This act shall take effect immediately; provided however that
sections three, four, five, six, and seven of this act shall take effect
on the ninetieth day after it shall have become a law.
