S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2968
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2019
                                ___________
 
 Introduced  by  Sens.  GRIFFO, AKSHAR, FUNKE, GALLIVAN, HELMING, O'MARA,
   ORTT, RANZENHOFER, RITCHIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   lowering  the  age  for universal hunting licenses from fourteen years
   old to twelve years old
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 3 of paragraph b of subdivision 3 of section
 11-0713 of the environmental conservation law, as amended by  section  3
 of  part  R  of  chapter  58  of the laws of 2013, is amended to read as
 follows:
   (3) The issuing officer shall not issue a muzzle-loading privilege  to
 any  person  unless  the  applicant presents a hunting license issued to
 that person for the corresponding license year and  such  person  is  at
 least [fourteen] TWELVE years old.
   §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
 mental conservation law, as amended by section 2 of part R of chapter 58
 of the laws of 2013, is amended to read as follows:
   b. Except as provided in section 11-0707 and section 11-0709  of  this
 title,  no  person  shall  (1) hunt wild deer or bear unless such person
 holds and is entitled to exercise the privileges of a  hunting  license,
 and  meets  the requirements of this article; (2) hunt wild deer or bear
 with a longbow in a special longbow season unless such person holds  and
 is  entitled  to  exercise  the  privileges  of a hunting license with a
 bowhunting privilege and meets the requirements of this article; or  (3)
 hunt  wild  deer  or  bear  with  a  muzzle-loading firearm in a special
 muzzle-loading firearm season unless such person is at least  [fourteen]
 TWELVE years old and holds a hunting license with a muzzle-loading priv-
 ilege and meets the requirements of this article.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00666-01-9
              

 S. 2968                             2
 
   §  3.  Subdivisions  1  and  2 of section 11-0929 of the environmental
 conservation law, subdivision 1 as amended by section 20 of part  EE  of
 chapter  55  of the laws of 2014, subdivision 2 as amended by section 13
 of part R of chapter 58 of the laws of 2013, paragraph a and the opening
 paragraph  of  paragraph  b of subdivision 2 as amended by section 11 of
 part EE of chapter 55 of the laws of 2014, subparagraph 6 of paragraph b
 of subdivision 2 as amended by chapter 192 of  the  laws  of  2016,  are
 amended to read as follows:
   1.  A  licensee  who is twelve or thirteen years of age shall not hunt
 wildlife with a gun or a longbow unless he or she is accompanied by  his
 or  her parent or legal guardian, or by a person twenty-one years of age
 or older designated in writing by his or her parent or legal guardian on
 a form prescribed by the department, who holds  a  hunting  license.  [A
 licensee  who  is  twelve or thirteen years of age shall not hunt with a
 crossbow.]
   2. A licensee who is fourteen or fifteen years of age shall not[:
   a.] hunt wildlife with a gun, crossbow or  longbow,  other  than  wild
 deer  or  bear  as  provided  in [paragraph b] SUBDIVISION THREE of this
 [subdivision] SECTION, unless he or she is accompanied  by  his  or  her
 parent or legal guardian holding a hunting license, or by a person eigh-
 teen  years  of age or older, designated in writing by his or her parent
 or legal guardian, holding such license;
   [b.] 3. A LICENSEE WHO IS TWELVE, THIRTEEN, FOURTEEN OR FIFTEEN  YEARS
 OF AGE, SHALL NOT hunt wild deer or bear with a crossbow or gun unless:
   [(1)]  A.  he  or  she  is accompanied by his or her parent or a legal
 guardian, or a youth mentor who is twenty-one  years  of  age  or  older
 designated in writing by the parent or legal guardian of the licensee on
 a form prescribed by the department; and
   [(2)]  B. such parent, guardian or youth mentor has had at least three
 years of experience in hunting big game; and
   [(3)] C. such  parent,  guardian  or  youth  mentor  holds  a  hunting
 license; and
   [(4)]  D.  such  parent,  guardian  or youth mentor maintains physical
 control over the minor he or she is  accompanying  at  all  times  while
 hunting; and
   [(5)] E. such parent, guardian or youth mentor and the minor he or she
 is accompanying remain at ground level at all times while hunting; and
   [(6)] F. such parent, guardian or youth mentor and the minor he or she
 is accompanying shall each display either a minimum total of two hundred
 fifty  square  inches  of  solid fluorescent orange or pink or patterned
 fluorescent orange or pink consisting of  no  less  than  fifty  percent
 fluorescent  orange  or  pink  material worn above the waist and visible
 from all directions, or a hat or cap with no less than fifty percent  of
 the exterior consisting of solid fluorescent orange or pink material and
 visible  from  all directions. For purposes of this [paragraph] SUBDIVI-
 SION, "physical control" shall mean that the physical proximity  of  the
 minor  to  the parent, guardian or youth mentor is such that the parent,
 guardian or youth mentor is reasonably able to issue  verbal  directions
 and  instructions,  maintain  constant  visual  contact,  and  otherwise
 provide guidance and supervision to the minor.
   § 4. Paragraph a of subdivision 1 of section 11-0701 of  the  environ-
 mental  conservation law, as amended by section 21 of part EE of chapter
 55 of the laws of 2014, is amended to read as follows:
   a. entitles a holder who is twelve or thirteen years of  age  to  hunt
 wildlife,  [except  big  game,]  as  provided in title 9 of this article
 subject, specifically, to the provisions  of  section  11-0929  of  this

 S. 2968                             3
 
 article.  It  entitles  such  holder  to possess firearms as provided in
 section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
 years of age shall not hunt with a crossbow.]
   § 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
 of  the environmental conservation law, as amended by section 19 of part
 EE of chapter 55 of the laws of 2014, is amended to read as follows:
   (3) crossbows may be used but only by  licensees  who  are  [fourteen]
 TWELVE years of age or older.
   §  6.  Section 11-0933 of the environmental conservation law, as added
 by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
 to read as follows:
 § 11-0933. Taking small game by crossbow.
   Notwithstanding  any  provision of this chapter, or any prior notwith-
 standing language in this article, the department  may,  by  regulation,
 authorize the taking of small game and wild upland game birds by the use
 of  a  crossbow by any licensed person [fourteen] TWELVE years of age or
 older, in any small game season, in any area designated  in  items  (a),
 (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
 two of section 11-0907 of this title in which a shotgun or muzzle loader
 is permitted.
   § 7. This act shall take effect immediately.