Bill Text: NY A10583 | 2011-2012 | General Assembly | Introduced


Bill Title: Extends crossbow hunting provisions through 2014.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Vetoed) 2012-12-17 - tabled [A10583 Detail]

Download: New_York-2011-A10583-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         10583
                                 I N  A S S E M B L Y
                                     June 7, 2012
                                      ___________
       Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Sweeney) --
         read once and referred to the Committee on Environmental Conservation
       AN ACT to amend section 17 of chapter 483 of the laws of 2010,  amending
         the environmental conservation law relating to hunting by crossbow, in
         relation  to  the  effectiveness  thereof;  to amend the environmental
         conservation law, in relation  to  crossbow  hunting;  and  to  repeal
         section 12 of such chapter relating thereto
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 17 of chapter 483 of the laws of 2010, amending the
    2  environmental conservation law  relating  to  hunting  by  crossbow,  is
    3  amended to read as follows:
    4    S 17. This act shall take effect October 1, 2010, except that sections
    5  four  and  five of this act shall take effect February 1, 2011, provided
    6  that any rules or regulations necessary for the timely implementation of
    7  the provisions of this act on its effective date shall be promulgated on
    8  or before February 1, 2011 and provided  further  that  this  act  shall
    9  expire on December 31, [2012] 2014 when upon such date the provisions of
   10  this  act  shall be deemed repealed[; provided, however, that the amend-
   11  ments to paragraph a of subdivision 2 of section 11-0907 of the environ-
   12  mental conservation law made by section eleven  of  this  act  shall  be
   13  subject  to  the  expiration and reversion of such paragraph pursuant to
   14  section 13 of chapter 600 of the laws of 1993,  as  amended,  when  upon
   15  such  date  the  provisions  of  section  twelve  of this act shall take
   16  effect].
   17    S 2. Section 12 of chapter 483 of the laws of 2010, amending the envi-
   18  ronmental conservation law relating to hunting by crossbow is REPEALED.
   19    S 3. Subdivision 25 of section 11-0103 of the environmental  conserva-
   20  tion  law,  as amended by chapter 595 of the laws of 1984, is amended to
   21  read as follows:
   22    25. "Hunting accident" means the injury to or death of a person caused
   23  by the discharge of a firearm, CROSSBOW, or  longbow  while  the  person
   24  causing such injury or death, or the person injured or killed, is taking
   25  or attempting to take game, wildlife or fish.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14619-05-2
       A. 10583                            2
    1    S  4.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
    2  mental conservation law, as amended by chapter 176 of the laws of  1987,
    3  is amended to read as follows:
    4    a.  In  the  circumstances described in paragraph b the department may
    5  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
    6  defined  in  section  11-0701 or issued pursuant to any provision of the
    7  Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.
    8  It may also deny such person, for a period not exceeding five years, the
    9  privilege of obtaining such license or licenses or stamp or stamps or of
   10  hunting,  trapping  or  fishing,  anywhere  in the state with or without
   11  license or stamp, except as provided in subdivision 1 of section 11-0707
   12  or in section 11-0523. It may also require that such person successfully
   13  complete a department-sponsored course and obtain a certificate of qual-
   14  ification  in  responsible  hunting,  [responsible]  CROSSBOW   HUNTING,
   15  bowhunting  or  [responsible]  trapping  practices  before  being issued
   16  another license.
   17    S 5. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   18  of the environmental conservation law, as amended by chapter 436 of  the
   19  laws of 2000, is amended to read as follows:
   20    (4)  is  convicted of an offense involving a violation of subdivisions
   21  one and two of section 11-0901 of this article  relating  to  taking  of
   22  wildlife  when  the person taking is in or on a motor vehicle while such
   23  motor vehicle is on a public highway or an offense involving a violation
   24  of subdivision one of section 11-0901 of this article  and  subparagraph
   25  one  of paragraph a of subdivision four of section 11-0931 of this arti-
   26  cle relating to taking wildlife when the person taking is  in  or  on  a
   27  motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
   28  way that the load or arrow passes over a public highway or a part there-
   29  of or signs an acknowledgment of any such violation for the  purpose  of
   30  affecting a settlement by civil compromise or by stipulation.
   31    S  6.  Subdivision 2 of section 11-0719 of the environmental conserva-
   32  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
   33  opening paragraph of paragraph a as amended by section 33 of part  F  of
   34  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
   35  the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
   36  1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
   37  amended to read as follows:
   38    2.  a.  The department may revoke the licenses, tags, and stamps which
   39  authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
   40  privilege  of obtaining such licenses, tags, and stamps and may deny the
   41  privileges of hunting and/or trapping with or without a license.
   42    (1) of any person who, while engaged in hunting or trapping,
   43    (i) causes death or injury to another by discharging a firearm, CROSS-
   44  BOW, or longbow, or
   45    (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
   46  endanger the life or safety of another, or
   47    (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
   48  longbow as to destroy or damage public or private property; or
   49    (2) of any agent of the department authorized to issue certificates of
   50  qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
   51  trapping  practices  who  improperly  issues any such certification to a
   52  person whom he has not trained, or whom he knows has not  satisfactorily
   53  completed all of the requirements necessary for such certification.
   54    b.  Action  by  the  department  resulting  in  the revocation of such
   55  license or denial of the privilege to hunt and trap as provided in  this
   56  subdivision  shall  be  only after a hearing held by the department upon
       A. 10583                            3
    1  notice to the offender, at which proof of facts indicating the violation
    2  is established to the satisfaction of the commissioner or of the hearing
    3  officer designated by him and concurred in by the commissioner. Provided
    4  that where a person, while hunting, causes death or injury to any person
    5  by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
    6  in his discretion, suspend such person's license or licenses to hunt and
    7  suspend such person's right to hunt without a license for a period of up
    8  to sixty days pending a hearing as provided for in this subdivision.
    9    c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
   10  death or injury to another, the license or licenses shall be revoked and
   11  the  privilege  of obtaining any such license and of hunting or of trap-
   12  ping anywhere in the state with or without a license denied, for a peri-
   13  od not exceeding ten years, except that no revocation shall be  made  in
   14  cases  in  which facts established at the hearing indicate to the satis-
   15  faction of the commissioner that there was no negligence on the part  of
   16  the  shooter or bowman. In all other cases the license or licenses shall
   17  be revoked and the privilege of obtaining such license and of hunting or
   18  of trapping anywhere in the state with or without a license denied for a
   19  period not exceeding five years. The department may  also  require  that
   20  the  person causing such death or injury successfully complete a depart-
   21  ment-sponsored course and  obtain  a  certificate  of  qualification  in
   22  responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
   23  being issued another hunting license.
   24    d. Every person injuring himself, herself or another person in a hunt-
   25  ing accident, as such term is  defined  in  subdivision  25  of  section
   26  11-0103  of  this chapter, and the investigating law enforcement officer
   27  summoned to or arriving at the scene of such accident shall  within  ten
   28  days  from the occurrence of such accident file a report of the accident
   29  in writing with the department. Every such  person  or  law  enforcement
   30  officer  shall  make such other and additional reports as the department
   31  shall require.  Failure to report such accident as  herein  provided  by
   32  the person causing injury or to furnish relevant information required by
   33  the  department  shall  be  a violation and shall constitute grounds for
   34  suspension or revocation of such person's hunting licenses and denial of
   35  the privilege of obtaining any such license and of hunting with or with-
   36  out a license following a hearing or opportunity to be heard.  In  addi-
   37  tion,  the  department may temporarily suspend the license of the person
   38  failing to report a hunting accident within the period prescribed herein
   39  until such report has been filed. In the case  of  a  non-resident,  the
   40  failure  to  report  an  accident  as  herein  provided shall constitute
   41  grounds for suspension or revocation of his or her privileges of hunting
   42  within this state. The report required by this section shall be made  in
   43  such form and number as the department may prescribe.
   44    S  7.  Subdivision 3 of section 11-0719 of the environmental conserva-
   45  tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
   46  read as follows:
   47    3.  A junior hunting license issued to a person who is at least twelve
   48  and less than sixteen years of age or a junior archery license issued to
   49  a person who is between the ages of twelve  and  sixteen  years  may  be
   50  revoked by the department upon proof satisfactory to the department that
   51  such  person,  while  under  the  age of sixteen, has engaged in hunting
   52  wildlife with a gun, CROSSBOW, or longbow, in circumstances in  which  a
   53  license is required, while not accompanied by his or her parent, guardi-
   54  an  or  other  adult  as provided in section 11-0929 of this article. If
   55  such license or privilege is revoked the department shall fix the period
   56  of such revocation, which is not to exceed six years. The department may
       A. 10583                            4
    1  require that such person successfully complete  a  department  sponsored
    2  course and obtain a certificate of qualification in responsible hunting,
    3  CROSSBOW  HUNTING,  or  [responsible]  bowhunting practices before being
    4  issued another hunting or bowhunting license.
    5    S  8.  The  department of environmental conservation shall not permit,
    6  authorize, or enact regulations permitting or  authorizing  the  use  of
    7  firearms,  crossbows,  or  muzzleloaders  for big game hunting before or
    8  during archery season. In addition, the  only  youth  hunting  days  the
    9  department  of  environmental  conservation may authorize during special
   10  archery seasons are youth archery days.
   11    S 9. This act shall take effect  immediately;  provided  however  that
   12  sections three, four, five, six, and seven of this act shall take effect
   13  on the ninetieth day after it shall have become a law.
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