NY State Senate Bill S5917

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
In Committee
On Floor Calendar
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- Passed Assembly
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Actions

view actions (6)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 20, 2018	committed to rules
Feb 05, 2018	advanced to third reading
Jan 30, 2018	2nd report cal.
Jan 29, 2018	1st report cal.311
Jan 03, 2018	referred to environmental conservation
May 05, 2017	referred to environmental conservation

Votes

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Jan 29, 2018 - Environmental Conservation committee Vote

S5917

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S5917 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0533, 71-0921 & 71-0925, En Con L

S5917 (ACTIVE) - Summary

Relates to licensing of guides and outfitters.

S5917 (ACTIVE) - Sponsor Memo

 BILL NUMBER:  S5917

 TITLE OF BILL :  An act to amend the environmental conversation law,
in relation to guides and outfitters

 PURPOSE OF THE BILL :

This bill would amend the Environmental Conservation Law (ECL) to
revise the definition of a guide, prohibit the act of guiding while
under the influence of drugs or alcohol, and increase penalty
provisions related thereto.

 SUMMARY OF PROVISIONS :

Section 1 of this bill would do the following:

*Rename the title of ECL § 11-0533 as "Guides and Outfitters."

*Amend ECL § 11-0533(1) to clarify the definition of a "guide" as an
individual who offers services for hire for recreational activities
and add snowshoeing, cross country skiing, snowmobiling and kayaking
to the list of services and activities and include all canoeing and
rafting. An "outfitter" would be defined to mean any person who
receives consideration for arranging guide services.

*Amend ECL § 11-0533(2) to narrow the exception from licensure for

public vessels licensed by the U.S. Coast Guard or New York State to
include the Hudson River only up to the Governor Malcolm Wilson Tappan
Zee Bridge.

*Amend ECL § 11-0533(5) to provide that the fee for guide licenses
shall not exceed five hundred dollars for nonresidents.

*Add a new ECL § 11-0533(7) that would prohibit outfitters from
providing unlicensed guides for guiding services, and a new ECL §
11-0533(8) would require that guides and outfitters provide written
disclosures stating the terms of service to be provided.

*Add new ECL §§ 11-0533(9) and 11-0533(1) that would prohibit any
person from guiding while in an intoxicated or impaired condition,
prohibit outfitters from providing guides for service who they know or
through the exercise of reasonable diligence should have known are
intoxicated or in an impaired condition, and make violations of these
provisions subject to the standards, procedures and penalties
established for hunting while intoxicated.

*Amend ECL § 11-0533(11) to add submitting false documentation, or
violating the penal law while guiding to the list of reasons a guide's
license may be revoked and allows the Department of Environmental
Conservation (DEC) to suspend a license for up to two years or revoke
a license following a hearing or opportunity to be heard, and
establish certain circumstances when licenses could be immediately
suspended.

*Amend ECL § 11-0533(12) to require DEC to maintain a current list of
licensed guides on DEC's website, instead of publishing it annually.

Section 2 of this bill would add a new ECL § 71-0921(14) to provide
that a first violation of ECL § 110533(2) (guiding without a license),
(7) (an outfitter providing an unlicensed guide) or (10) (an outfitter
knowingly providing guides who are intoxicated or impaired) is a
misdemeanor, punishable by a fine of no more than $1,000 or
imprisonment of no more than 30 days or both. A second violation or
subsequent violations would be a misdemeanor, punishable by a fine of
no more than $2,000 or imprisonment of no more than 90 days or both.
Lastly, for two or more convictions or manslaughter or reckless
endangerment, it would authorize DEC or a court to revoke a guide's
license for a minimum of five years.

Additionally, section 2 would add a new ECL § 71-0921(15) to provide
that, in the case of an outfitter convicted of two or more violations
of ECL § 11-0533(7) or (10), DEC or the Attorney General may seek
injunctive relief from a court to restrain such outfitter from
continuing to operate.

Section 3 of this bill would add a new ECL § 71-0925(15) to establish
a civil penalty of no less than $500 for outfitters who provide
unlicensed guides or knowingly provide guides who are intoxicated or
in an impaired condition.

Section 4 of this bill provides that this bill would take effect on
January 1, 2018 except the changes made to § 11-0533 by section 1
shall take effect on January 1, 2019.

 JUSTIFICATION :

In New York State, there are currently more than 2,100 licensed guides
who offer instructional services in recreational areas such as
fishing, hunting, white water rafting and camping and many others
offering similar services who are not required to be licensed. In many
instances, the individuals hire inexperienced guides without proper
training or qualifications. For the safety and wellbeing of all
parties involved, it is important to ensure that experienced and
responsible guides are at the helm.

This bill will add oversight of outfitters to ensure that licensed
guides are provided to tourists, and add disclosure to consumers that
will ensure they know what services they are to receive. It would
expand the list of covered activities and include additional
freshwater charter boats. It would subject those who engage in the act
of guiding while in an intoxicated or impaired condition to the same
standards, procedures and punishments as hunting while intoxicated. It
would also establish more stringent penalties and when violations do
occur to minimize the possibility of tragedies occurring again.

It is essential that individuals engaged in guiding activities be
properly trained, fully licensed, and not under the influence of drugs
and/or alcohol at the time they are providing these services.  It is
equally critical that businesses which offer guides for service are
required to ensure that they offer only sober and licensed guides.
Multiple guiding associations have requested additional statutory
requirements to address the issue of individuals guiding without a
license and punish guides who partake in unethical behavior such as
failing to provide adequate guiding services, and sometimes reckless
behavior such as guiding while under the influence of alcohol and
drugs. Unlicensed and reckless guides endanger citizens and create an
unreasonable risk of injury and death. Such behavior damages the
reputation and livelihoods of highly regarded guides and guiding
associations who enforce strict member guidelines, provide training
programs, and work in conjunction with the DEC Guide Licensing
Program.

 PRIOR LEGISLATIVE HISTORY :

This is new legislation.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect would take effect on January 1, 2018 except
the changes made to section 110533 of the environmental conservation
law by section 1 shall take effect on January 1, 2019.

S5917 (ACTIVE) - Bill Text download pdf


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

                                  5917

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                               May 5, 2017
                               ___________

Introduced  by  Sen. O'MARA -- (at request of the Department of Environ-
  mental Conservation) -- read  twice  and  ordered  printed,  and  when
  printed to be committed to the Committee on Environmental Conservation

AN  ACT  to  amend  the  environmental  conversation law, in relation to
  guides and outfitters

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

  Section  1.  Section 11-0533 of the environmental conservation law, as
added by chapter 398 of the laws of 1985, is amended to read as follows:
§ 11-0533. [Licensing of guides] GUIDES AND OUTFITTERS.
  1. DEFINITIONS. As used in this section[, the term "guide"]:
  A. "GUIDE" shall mean [a person] AN INDIVIDUAL who offers services for
hire part or all of which includes  directing,  instructing,  or  aiding
another in fishing, hunting, camping, hiking, [white water] SNOWSHOEING,
CROSS COUNTRY SKIING, canoeing, KAYAKING, rafting or rock and ice climb-
ing.
  B.  "OUTFITTER"  SHALL  MEAN ANY PERSON WHO RECEIVES CONSIDERATION FOR
ARRANGING GUIDE SERVICES.
  2. All guides engaging in the business of guiding  on  all  lands  and
waters  of  the  state shall possess a license issued by the department,
except for any [persons]  INDIVIDUALS  operating  or  assisting  upon  a
public  vessel  for  hire  (passenger carrying vessels), licensed by the
United States Coast Guard or New York state, upon the Atlantic Ocean and
all other marine and coastal waters,  AND  tidal  waters  including  the
Hudson  river up to the [Troy barrier dam] GOVERNOR MALCOM WILSON TAPPAN
ZEE BRIDGE (INCLUDING ANY REPLACEMENT  THEREOF),  [St.  Lawrence  river,
Great  Lakes  and the navigable portion of their tributaries,] and other
navigable waters, as determined by the department.
  3. Except while guiding for the purposes of hunting and/or fishing, no
license as defined in section 11-0701 OF THIS ARTICLE  is  required  for
such acts.

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

                                                           LBD10110-01-7

S. 5917                             2

  4.  Employees  of  children's  camps  as defined in subdivision one of
section one thousand four hundred of the  public  health  law  shall  be
exempt  from the provisions of subdivisions one and two of this section,
provided such activities are  carried  out  within  the  scope  of  said
employment.
  5.  A  license as required under subdivision two of this section shall
be issued for a period of UP TO five calendar years and the fee therefor
shall be established by  the  department,  not  to  exceed  two  hundred
dollars FOR RESIDENTS OR FIVE HUNDRED DOLLARS FOR NON-RESIDENTS.
  6.  Every  licensed guide while engaged in guiding shall wear in plain
sight identification furnished OR AUTHORIZED by the department. Licensed
guides shall be at least eighteen years of age. They shall be skilled in
the use of boats and [canoes] OTHER WATERCRAFT  whenever  use  of  these
craft is required and shall be persons competent to guide one or more of
the   following:   camping,   hunting,  fishing,  hiking,  [white  water
canoeing/rafting,] SNOWSHOEING, CROSS COUNTY SKIING, CANOEING,  RAFTING,
KAYAKING,  rock or ice climbing or other similar activities. The depart-
ment shall by regulation establish standards and procedures for  testing
and licensing of guides.
  7.  [Any] NO OUTFITTER SHALL PROVIDE FOR GUIDE SERVICES A GUIDE WHO IS
NOT LICENSED PURSUANT TO THIS SECTION.
  8. EVERY LICENSED GUIDE OR THE OUTFITTER  PROVIDING  THE  SERVICES  OF
SUCH  A  GUIDE  SHALL, PRIOR TO ENGAGING IN GUIDING OR PROVIDING A GUIDE
FOR SERVICE, PROVIDE A WRITTEN DISCLOSURE OF THE TERMS OF EMPLOYMENT  OF
THE GUIDE BY THE CLIENT, INCLUDING THE DATE, TIME PERIOD, COST AND CHAR-
ACTER  OF  THE SERVICES TO BE PROVIDED. SUCH WRITTEN DISCLOSURE SHALL BE
SIGNED BY THE CLIENT PRIOR TO THE GUIDE SERVICES AND  BE  MAINTAINED  BY
THE  GUIDE  OR  THE  OUTFITTER  FOR  A  PERIOD OF TWO YEARS. ALL WRITTEN
DISCLOSURES OF THE OUTFITTER AND LICENSED GUIDE SHALL BE MADE  AVAILABLE
FOR INSPECTION BY THE DEPARTMENT WHEN REQUESTED.
  9.  NO  INDIVIDUAL  SHALL ENGAGE IN GUIDING WHILE IN AN INTOXICATED OR
IMPAIRED CONDITION, AS DEFINED IN SECTION 11-1201 OF  THIS  ARTICLE.  NO
INDIVIDUAL  SHALL  ENGAGE  IN  GUIDING  WHEN HIS OR HER ABILITY TO GUIDE
CREATES AN UNREASONABLE RISK OF INJURY OR DEATH TO HIMSELF  OR  HERSELF,
OR ANOTHER HUMAN LIFE. ANY INDIVIDUAL WHO GUIDES WHILE IN AN INTOXICATED
OR AN IMPAIRED CONDITION SHALL BE SUBJECT TO THE SAME RULES OF EVIDENCE,
STANDARDS, PROCEDURES AND PENALTIES ESTABLISHED PURSUANT TO TITLE TWELVE
OF THIS ARTICLE AS IF HE OR SHE WERE HUNTING WHILE INTOXICATED.
  10.  NO  OUTFITTER  SHALL PROVIDE A GUIDE WHO THEY KNOW OR THROUGH THE
EXERCISE OF REASONABLE DILIGENCE SHOULD HAVE KNOWN IS INTOXICATED OR  IN
AN IMPAIRED CONDITION, AS DEFINED IN SECTION 11-1201 OF THIS ARTICLE.
  11.  FOR ANY licensed guide who violates any provision of this chapter
or who makes any false statement OR SUBMITS FALSE DOCUMENTATION  in  his
OR  HER  application for a license [shall], OR IS CONVICTED OF VIOLATING
ANY PROVISION OF THE PENAL LAW WHILE GUIDING, in addition to  any  other
penalties,  [immediately  surrender  his  license  to]  the department[,
which] may [be revoked by the department] SUSPEND SUCH  GUIDE'S  LICENSE
for  up to [one year following the date of such surrender] TWO YEARS, OR
REVOKE SUCH LICENSE; PROVIDED THAT SUCH SUSPENSION OR  REVOCATION  SHALL
BE  MADE  IN  ACCORDANCE  WITH  SECTION  SEVEN  HUNDRED FIFTY-TWO OF THE
CORRECTION LAW AND BECOME EFFECTIVE AFTER AN OPPORTUNITY FOR  A  HEARING
PURSUANT  TO  THE  DEPARTMENT'S REGULATIONS. IF THE ALLEGED VIOLATION IS
FOR GUIDING WHILE IN AN INTOXICATED OR IMPAIRED CONDITION, OR THE  GUIDE
REFUSES  TO  TAKE A BREATH TEST OR CHEMICAL TEST, AND THERE WAS A THREAT
OF HARM OR LOSS OF LIFE TO THE GUIDE'S CLIENT, THE DEPARTMENT MAY  IMME-
DIATELY  SUSPEND  THE  GUIDE'S LICENSE PENDING ANY PROSECUTION, PROVIDED

S. 5917                             3

THAT THE DEPARTMENT SHALL OFFER THE GUIDE AN OPPORTUNITY TO HAVE A HEAR-
ING WITHIN FIFTEEN DAYS. FOR PURPOSES OF THIS  SUBDIVISION,  "THREAT  OF
HARM  OR  LOSS OF LIFE" SHALL INCLUDE TAKING A CLIENT BOATING, KAYAKING,
CANOEING,  RAFTING,  HUNTING WITH A FIREARM OR BOW, ROCK CLIMBING OR ICE
CLIMBING WHILE IN AN INTOXICATED OR IMPAIRED CONDITION.
  [8.] 12. The department shall [publish] MAINTAIN  a  CURRENT  list  of
LICENSED guides [annually] ON THE DEPARTMENT'S WEBSITE.
  §  2. Section 71-0921 of the environmental conservation law is amended
by adding three new subdivisions 14, 15 and 16 to read as follows:
  14. VIOLATION OF SUBDIVISION TWO, SEVEN OR TEN OF SECTION  11-0533  OF
THIS  CHAPTER  SHALL,  IN  THE CASE OF A FIRST VIOLATION, BE GUILTY OF A
MISDEMEANOR AND, UPON CONVICTION THEREOF, BE PUNISHED BY A FINE  NOT  TO
EXCEED ONE  THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN THIRTY
DAYS,  OR BY BOTH SUCH FINE AND IMPRISONMENT; IN THE CASE OF A SECOND OR
SUBSEQUENT VIOLATION, SUCH PERSON SHALL BE GUILTY OF A MISDEMEANOR  AND,
UPON  CONVICTION THEREOF, SHALL BE PUNISHED  BY A FINE NOT TO EXCEED TWO
THOUSAND DOLLARS OR BY IMPRISONMENT FOR NOT MORE THAN ONE  YEAR,  OR  BY
BOTH SUCH FINE AND IMPRISONMENT.
  15.  UPON  THE    SECOND OR   SUBSEQUENT CONVICTION OF AN OUTFITTER OF
SUBDIVISIONS SEVEN OR TEN  OF  SECTION  11-0533  OF  THIS  CHAPTER,  THE
DEPARTMENT  OR  THE  ATTORNEY GENERAL MAY SEEK FROM A COURT OF COMPETENT
JURISDICTION INJUNCTIVE RELIEF TO RESTRAIN SUCH OUTFITTER FROM  CONTINU-
ING  TO  OPERATE FOR A PERIOD OF UP TO TEN YEARS. UPON SUCH APPLICATION,
THE COURT SHALL HAVE JURISDICTION TO GRANT THE DEPARTMENT  WITHOUT  BOND
OR  OTHER  UNDERTAKING, SUCH PROHIBITORY OR MANDATORY INJUNCTIONS AS THE
FACTS MAY WARRANT, INCLUDING TEMPORARY RESTRAINING ORDERS OR PRELIMINARY
INJUNCTIONS. IN DETERMINING THE LENGTH OF SUCH INJUNCTION, A COURT SHALL
TAKE INTO CONSIDERATION THE SERIOUSNESS OF THE OFFENSE.
  16. THE DEPARTMENT OR A COURT MAY REVOKE OR PROHIBIT THE ISSUANCE OF A
LICENSE TO A GUIDE FOR NOT LESS THAN FIVE YEARS FOLLOWING  A  CONVICTION
OF MANSLAUGHTER OR RECKLESS ENDANGERMENT WHILE GUIDING.
  §  3. Section 71-0925 of the environmental conservation law is amended
by adding a new subdivision 17 to read as follows:
  17. IF THE VIOLATION WAS A VIOLATION OF SUBDIVISION SEVEN  OR  TEN  OF
SECTION 11-0533 OF THIS CHAPTER, NOT LESS THAN FIVE HUNDRED DOLLARS.
  §  4. This act shall take effect January 1, 2018; provided however the
amendments to section 11-0533 of the environmental conservation law made
by section one of this act shall take effect on January 1, 2019.

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The New York State Senate

senate Bill S5917

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

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Votes

Jan 29, 2018 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 29, 2018

Co-Sponsors

S5917 (ACTIVE) - Details

S5917 (ACTIVE) - Summary

S5917 (ACTIVE) - Sponsor Memo

S5917 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S5917

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Sponsored By

Thomas F. O'Mara

Archive: Last Bill Status - In Senate Committee Rules Committee

Your Voice

Actions

Votes

Jan 29, 2018 - Environmental Conservation committee Vote

Environmental Conservation Committee Vote: Jan 29, 2018

Co-Sponsors

Betty Little

S5917 (ACTIVE) - Details

S5917 (ACTIVE) - Summary

S5917 (ACTIVE) - Sponsor Memo

S5917 (ACTIVE) - Bill Text download pdf

Comments