Assembly Bill A8968

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

                                  8968

                          I N  A S S E M B L Y

                              March 4, 2014
                               ___________

Introduced by M. of A. DiPIETRO -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  authorizing crossbow hunting in the county of Wyoming

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

  Section  1.  Subdivision  25  of  section 11-0103 of the environmental
conservation 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 or longbow OR IN THE COUNTY OF WYOMING, A
CROSSBOW, while the person causing such injury or death, or  the  person
injured  or  killed,  is  taking or attempting to take game, wildlife or
fish.
  S 2. Section 11-0713 of the environmental conservation law is  amended
by adding a new subdivision 6 to read as follows:
  6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
OF  HUNTING  WITH  A  CROSSBOW  AND RESPONSIBLE HUNTING PRACTICES IN THE
COUNTY OF WYOMING. SUCH TRAINING SHALL BE INCLUDED IN THE  BASIC  HUNTER
EDUCATION  COURSE  REQUIRED  OF  ALL NEW HUNTERS. UPON COMPLETION OF THE
TRAINING BY AN INDIVIDUAL THE DEPARTMENT SHALL PROVIDE DOCUMENTATION  OF
THE  SUCCESSFUL COMPLETION OF THE COURSE. ALL PERSONS WHO HAVE COMPLETED
HUNTER EDUCATION PRIOR TO THE DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN
INCORPORATED  INTO THE HUNTER EDUCATION PROGRAM SHALL COMPLETE AN ONLINE
OR OTHER TRAINING PROGRAM APPROVED BY THE DEPARTMENT PRIOR  TO  USING  A
CROSSBOW  TO  HUNT  BIG GAME.   THE DEPARTMENT MAY ADOPT RULES AND REGU-
LATIONS AS NECESSARY TO DOCUMENT COMPLETION  OF  THIS  PROGRAM  AND  MAY
REQUIRE  A PERSON TO POSSESS SUCH PROOF WHILE HUNTING WITH A CROSSBOW IN
THE COUNTY OF WYOMING.
  S 3. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
mental  conservation  law, as amended by section 26 of part R of chapter
58 of the laws of 2013, is amended to read as follows:
  a. In the circumstances described in paragraph b of  this  subdivision
the  department may revoke any license, bowhunting privilege, or muzzle-

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

                                                           LBD14011-01-4

A. 8968                             2

loading privilege, of any person, to hunt,  fish  or  trap,  defined  in
section  11-0701  of  this  title or issued pursuant to any provision of
[the Fish and Wildlife Law] THIS ARTICLE, or it may revoke all  of  such
licenses,  bowhunting  privileges,  or muzzle-loading privileges. It may
also deny such person, for a period not exceeding five years, the privi-
lege of obtaining such license or  licenses,  bowhunting  privilege,  or
muzzle-loading  privilege,  or of hunting, trapping or fishing, anywhere
in the state with or without license, bowhunting privilege,  or  muzzle-
loading  privilege,  except  as  provided  in  subdivision  1 of section
11-0707 of this title or in section 11-0523 of this article. It may also
require that such person successfully  complete  a  department-sponsored
course and obtain a certificate of qualification in responsible hunting,
[responsible]  OR bowhunting OR IN THE COUNTY OF WYOMING, CROSSBOW HUNT-
ING or [responsible] trapping  practices  before  being  issued  another
license.
  S 4. 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 or longbow OR, IN THE COUNTY  OF
WYOMING,  A  CROSSBOW in such a way that the load or arrow passes over a
public highway or a part thereof or signs an acknowledgment of any  such
violation  for the purpose of affecting a settlement by civil compromise
or by stipulation.
  S 5. Subdivision 2 of section 11-0719 of the  environmental  conserva-
tion  law,  as amended by section 27 of part R of chapter 58 of the laws
of 2013, is amended to read as follows:
  2. a. The department may revoke the licenses, tags, bowhunting  privi-
leges,  or muzzle-loading privileges, which authorize the holder to hunt
and/or trap wildlife, and may  deny  the  privilege  of  obtaining  such
licenses, tags, bowhunting privileges, or muzzle-loading privileges, 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  or
longbow, OR, IN THE COUNTY OF WYOMING, A CROSSBOW, 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 or longbow  OR,
IN  THE COUNTY OF WYOMING, A CROSSBOW, 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, or trapping  practices
OR,  IN THE COUNTY OF WYOMING, CROSSBOW HUNTING 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

A. 8968                             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 or longbow, OR, IN THE COUNTY OF WYOMING, A
CROSSBOW, 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 or longbow OR, IN THE COUNTY OF
WYOMING, A CROSSBOW, causes death or injury to another, the  license  or
licenses,  bowhunting  privilege,  and muzzle-loading privilege shall be
revoked and the ability to obtain any such license and of hunting or  of
trapping  anywhere  in the state with or without a license denied, for a
period not exceeding ten years, except that no revocation shall be  made
in  cases  in  which  facts  established  at the hearing indicate to the
satisfaction of the commissioner that there was  no  negligence  on  the
part  of  the  shooter  or  bowman.  In  all  other cases the license or
licenses, bowhunting privilege, or muzzle-loading  privilege,  shall  be
revoked  and  the privilege of obtaining such license, bowhunting privi-
lege, or  muzzle-loading  privilege,  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 department-spon-
sored course and obtain a certificate of  qualification  in  responsible
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 article, 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  bowhunt-
ing  and  muzzle-loading  privileges and denial of the ability to obtain
any such license and of hunting with or without a  license  following  a
hearing  or  opportunity  to  be  heard. In addition, the department may
temporarily suspend the license of the person failing to report a  hunt-
ing  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  6.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
environmental conservation law, as amended by chapter 600 of the laws of
1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
follows:
  b. No person shall hunt deer:
  (1) with the aid of a dog, or aircraft of any kind; or

A. 8968                             4

  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
other than shells each carrying a single round ball or  a  single  slug,
provided  however, the use of a shotgun of twenty gauge or larger having
a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
loaded  with  shells each carrying a single round ball or a single slug,
shall not be prohibited so long as only  shells  having  a  non-metallic
case, except for the base, are used; or
  (5)  with [a bow other than] a long bow with a draw weight [in excess]
of LESS THAN thirty-five pounds; or
  (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
seven-eighths  of an inch at its widest point or that has fewer than two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  c. No person shall hunt bear:
  (1) with the aid of a dog, or aircraft of any kind; or
  (2) with the aid of a jacklight, spotlight, headlight or other type of
artificial light; or
  (3) with a pistol, revolver or rifle using rim-fire ammunition; or
  (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
other  than  shells  each carrying a single round ball or a single slug,
provided however, the use of a shotgun of twenty gauge or larger  having
a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
loaded with shells each carrying a single round ball or a  single  slug,
shall  not  be  prohibited  so long as only shells having a non-metallic
case, except for the base, are used; or
  (5) with [a bow other than] a long bow with a draw weight [in  excess]
of LESS THAN thirty-five pounds; or
  (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
seven-eighths of an inch at its widest point or that has fewer than  two
sharp cutting edges; or
  (7) with the aid of a pre-established bait pile other than those areas
established by standard agricultural production practices; or
  (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
  S  7.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
mental conservation law, as amended by chapter 600 of the laws of  1993,
is amended to read as follows:
  d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
light or other type of artificial light by  any  person  who  is  or  is
accompanied  by  a person who is in possession, at the time of such use,
of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
evidence  that  such person is hunting deer or bear with the aid of such
light, in violation of this subdivision, unless:
  (1) such long bow is unstrung, or such a firearm OR, IN  THE  CASE  OF
THE  COUNTY OF WYOMING CROSSBOW is taken down, or securely fastened in a
case, or locked in the trunk of a vehicle, or
  (2) the firearm is a pistol or revolver, or
  (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
designed  or  adapted  for  use  of  rim-fire ammunition and neither the
person in possession of the gun, nor any member of his party, has in his
possession any twenty-two caliber ammunition other than twenty-two cali-
ber rim-fire ammunition, or

A. 8968                             5

  (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
neither  the  person  in  possession  of  the gun, nor any member of his
party, has in his possession ammunition other than  shells  loaded  with
scatter shot of size number four or smaller.
  S  8. Section 11-0901 of the environmental conservation law is amended
by adding a new subdivision 17 to read as follows:
  17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE IN THE
COUNTY OF WYOMING BY THE USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY
HUNTING SEASON.   A SUMMARY OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS
SUBDIVISION  SHALL  BE  PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING
SYLLABUS OF THE DEPARTMENT ISSUED PURSUANT TO SECTION  11-0323  OF  THIS
ARTICLE.
  S  9.  Subdivision 2 of section 11-0931 of the environmental conserva-
tion law, as amended by section 7 of part H of chapter 58 of the laws of
2012, is amended to read as follows:
  2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
or possessed in or on a motor vehicle  unless  it  is  unloaded,  FOR  A
FIREARM  in  both  the  chamber  and  the magazine, except that a loaded
firearm which may be legally used for taking migratory game birds may be
carried or possessed in a motorboat while being legally used in  hunting
migratory  game birds, and no person except a law enforcement officer in
the performance of his official duties shall, while in  or  on  a  motor
vehicle, use a jacklight, spotlight or other artificial light upon lands
inhabited  by  deer if he is in possession or is accompanied by a person
who is in possession, at the time of such use, of a longbow, crossbow or
a firearm of any kind except a pistol or revolver, unless  such  longbow
is  unstrung  or  such  firearm  OR  CROSSBOW  is taken down or securely
fastened in a case or locked in the trunk of the vehicle.  For  purposes
of  this  subdivision,  motor  vehicle shall mean every vehicle or other
device operated by any power other than muscle power,  and  which  shall
include  but  not  be limited to automobiles, trucks, motorcycles, trac-
tors, trailers and motorboats, snowmobiles  and  snowtravelers,  whether
operated  on  or  off public highways. Notwithstanding the provisions of
this subdivision, the department may issue a permit to any person who is
non-ambulatory, except with the use of a mechanized aid,  to  possess  a
loaded  firearm  in  or  on  a motor vehicle as defined in this section,
subject to such restrictions as the department may deem necessary in the
interest  of  public  safety.  Nothing  in  this  section  permits   the
possession of a pistol or a revolver contrary to the penal law.
  S  10. Subdivision 4 of section 11-0931 of the environmental conserva-
tion law, subparagraph 3 of paragraph a as added by chapter 400  of  the
laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
the laws of 1976, is amended to read as follows:
  4. a. No person shall:
  (1)  discharge  a  firearm or long bow, OR IN THE COUNTY OF WYOMING, A
CROSSBOW in such a way as will result in the load, BOLT or arrow thereof
passing over a public highway or any part thereof;
  (2) discharge a firearm or long bow, OR IN THE COUNTY  OF  WYOMING,  A
CROSSBOW  within  five hundred feet from a dwelling house, farm building
or farm structure actually occupied or  used,  school  building,  school
playground, or occupied factory or church;
  (3)  use  a  firearm  or  a long bow for the hunting of migratory game
birds in Larchmont Harbor, specifically those portions  bounded  by  the
following points of land:

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  BEGINNING  AT  A  POINT  KNOWN  AS UMBRELLA POINT ON THE EAST SHORE OF
LARCHMONT HARBOR THEN PROCEEDING  IN  A  NORTHERLY  DIRECTION  TO  CEDAR
ISLAND;  THENCE  NORTHWESTERLY  TO MONROE INLET; THENCE NORTHEASTERLY TO
DELANCY COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A  SOUTHWESTERLY
DIRECTION  FROM  DELANCY  COVE TO GREACEN POINT; THENCE RUNNING THE AREA
BETWEEN DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST;  THENCE
SOUTHEAST  THEN  ALONG  THE  WEST SHORE OF SATANS TOE SOUTHWEST AND THEN
SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
  (4) Use of a firearm or a long bow for the hunting of  migratory  game
birds  in  Udall's  Cove, specifically those portions of Little Neck Bay
within Nassau and Queens counties lying east of  a  line  running  north
from the foot of Douglaston Parkway to the shore opposite.
  b.  The  prohibitions contained in subparagraph 2 of paragraph a above
shall not apply to:
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate family actually residing therein, or a person in  his  employ,  or
the  guest  of the owner or lessee of the dwelling house acting with the
consent of said owner or lessee, provided however, that  nothing  herein
shall  be  deemed  to  authorize  such persons to discharge a firearm or
longbow, OR IN THE COUNTY OF WYOMING, A  CROSSBOW  within  five  hundred
feet  of  any other dwelling house, or a farm building or farm structure
actually occupied or used, or a school building or playground  or  occu-
pied factory or church;
  (2)  Programs  conducted  by  public  schools offering instruction and
training in the use of firearms or long bow, OR IN THE COUNTY  OF  WYOM-
ING, A CROSSBOW;
  (3)  The  authorized  use of a pistol, rifle or target range regularly
operated and maintained by a police department or other law  enforcement
agency or by any duly organized membership corporation;
  (4) The discharge of a shotgun over water by a person hunting migrato-
ry  game  birds  if  no dwelling house or public structure, livestock or
person is situated in the line of discharge less than five hundred  feet
from the point of discharge.
  S  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
mental conservation law, as amended by chapter 309 of the laws of  2006,
is amended to read as follows:
  c.  In  the Northern Zone no person, while engaged in hunting with the
aid of a dog or while afield accompanied by a dog, shall possess a rifle
larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
loaded  with  a  slug,  ball  or buckshot, OR, IN THE COUNTY OF WYOMING,
POSSESS A CROSSBOW; but  this  paragraph  does  not  apply  to  persons,
engaged  in  coyote  hunts  with  dogs during any open season on coyotes
established pursuant to the provisions of section 11-0903.
  S 12. This act shall take effect immediately.