senate Bill S3049

2013-2014 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
Feb 11, 2014 opinion referred to judiciary
Jan 13, 2014 to attorney-general for opinion
Jan 08, 2014 referred to judiciary
Feb 21, 2013 opinion referred to judiciary
Jan 31, 2013 to attorney-general for opinion
Jan 29, 2013 referred to judiciary

S3049 - Bill Details

See Assembly Version of this Bill:
A1704
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 Previous Legislative Sessions:
2011-2012: S2382A, A6864A
2009-2010: S3049

S3049 - Bill Texts

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

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BILL NUMBER:S3049

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 OUT 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 preempts
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.2382-A of 2011-12; S.3049 of 2009-10; S2639 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
________________________________________________________________________

                                  3049

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 29, 2013
                               ___________

Introduced  by  Sen.  SEWARD -- read twice and ordered printed, and when
  printed 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
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.
                                                           LBD89025-01-3

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