Bill Text: NJ SCR139 | 2026-2027 | Regular Session | Introduced
Bill Title: Determines that DEP's 2026-2027 Game Code rules, proposed April 6, 2026, are inconsistent with legislative intent.
Sponsorship: Partisan Bill (Republican 1)
Status: (Failed) 2026-06-24 - Withdrawn from Consideration [SCR139 Detail]
Download: New_Jersey-2026-SCR139-Introduced.html
Sponsored by:
Senator JON M. BRAMNICK
District 21 (Middlesex, Morris, Somerset and Union)
SYNOPSIS
Determines that DEP's 2026-207 Game Code rules, proposed April 6, 2026, are inconsistent with legislative intent.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution concerning legislative review of Department of Environmental Protection rules and regulations pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey.
Whereas, Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Legislature may review any rule or regulation adopted or proposed by an administrative agency to determine if it is consistent with the intent of the Legislature, and invalidate an adopted rule or regulation, or prohibit the adoption of a proposed rule or regulation, if it finds that the rule or regulation is not consistent with legislative intent; and
Whereas, Upon finding that a rule or regulation is not consistent with legislative intent, the Legislature may transmit its findings to the Governor and the head of the Executive Branch agency which promulgated, or plans to promulgate, the rule or regulation; and
Whereas, On April 6, 2026, the Department of Environmental Protection, under the Division of Fish and Wildlife, proposed new rules relating to the Game Code which, in relevant part, make certain changes to the rules concerning weaponry legal for use in hunting in the State; and
Whereas, Specifically, the proposed rule at N.J.A.C.7:25-5.1(k) states that crossbows are required to: be 25 inches long, measured from buttstock to the end of the rail; not be collapsable; have a minimum draw length of 14 inches; have a 16-inch minimum bolt length, measured from the nocking point of the drawstring to the front of the bow; and have a maximum draw weight of 200 pounds; and
Whereas, Crossbows are currently defined in the New Jersey Game Code as "a device capable of propelling an arrow by means of traverse limbs and a string, mounted on a stock of at least 25 inches in length, and having a working safety"; and
Whereas, The proposed rule incorporates changes to the power stroke of a crossbow by setting a minimum draw length and defining draw length as the distance between the nocking point of the drawstring to the front of the crossbow; and
Whereas, The contemporary industry definition of the power stroke of a crossbow measures the distance between the nocking point of the drawstring and the resting point of the drawstring after firing and is the equivalent to the draw length of a conventional bow; and
Whereas, The proposed measurement for draw length runs counter to the contemporary industry measurement of power stroke, and by implementing the proposed minimum draw length a majority of modern crossbows would be classified as illegal or unable to be used; and
Whereas, The proposed rule establishes a maximum draw weight, which is defined as the force required to fully draw the crossbow's string and relates to a crossbow's ability to propel arrows at speed, for reasons of the safety of the archer and other persons and for the more ethical taking of animals; and
Whereas, The proposed addition of a maximum draw weight for crossbows for ethical takings is counterintuitive as heavier draw weights lead to faster bolts, and, therefore, safer and more ethical takings and through advancements in crossbow technology, like cranking wenches, the risk of injury to hunters drawing heavier weights has been minimized; and
Whereas, Pursuant to statute, at N.J.S.13:1B-32, in adopting rules and regulations that prescribe the manner and the means of taking the Fish and Game Council must determine the need for such action on the basis of scientific investigation and research; and
Whereas, In the rule proposal for proposed rule N.J.A.C 7:25-5.1(k), the Fish and Game Council has not provided any scientific investigation and research to support the proposal and in fact the addition of minimum draw length and maximum draw weight do not align with the contemporary consensus; and
Whereas, It is therefore clear that the DEP has overstepped its authority, in a manner inconsistent with the legislative intent behind N.J.S.13:1B-32, in proposing the aforementioned crossbow rules and regulations, and the Legislature urges the DEP to follow the principles of the Constitution; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature declares that the 2026-2027 Game Code rules and regulations proposed by the Department of Environmental Protection on April 6, 2026, are inconsistent with legislative intent.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly or the Secretary of the Senate to the Governor and the Commissioner of Environmental Protection.
3. Pursuant to Article V, Section IV, paragraph 6 of the Constitution of the State of New Jersey, the Department of Environmental Protection shall have 30 days following transmittal of this resolution to amend or withdraw the rules at N.J.A.C. 7:25-5.1(k), or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the regulations in whole or in part.
STATEMENT
This concurrent resolution embodies the finding of the Legislature that the rules and regulations proposed by the Department of Environmental Protection on April 6, 2026, are not consistent with the intent of the Legislature. The Department of Environmental Protection would have 30 days from the date of transmittal of this resolution to amend or withdraw the rules and regulations or the Legislature may, by passage of another concurrent resolution, exercise its authority under the Constitution to invalidate the rules and regulations in whole or in part.
