A08358 Summary:

BILL NOA08358
 
SAME ASSAME AS S05434
 
SPONSORGunther
 
COSPNSRRaia, Barclay, Palmesano, Stec, Crouch
 
MLTSPNSRGalef, Lawrence
 
Amd SS11-0713, 11-0703, 11-0929, 11-0701, 11-0901 & 11-0933, En Con L
 
Relates to lowering the age for universal hunting licenses from 14 years old to 12 years old.
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A08358 Actions:

BILL NOA08358
 
08/12/2015referred to environmental conservation
01/06/2016referred to environmental conservation
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A08358 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          8358
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 12, 2015
                                       ___________
 
        Introduced  by M. of A. GUNTHER -- read once and referred to the Commit-
          tee 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:
 
     1    Section  1.  Subparagraph 3 of paragraph b of subdivision 3 of section
     2  11-0713 of the environmental conservation law, as amended by  section  3
     3  of  part  R  of  chapter  58  of the laws of 2013, is amended to read as
     4  follows:
     5    (3) The issuing officer shall not issue a muzzle-loading privilege  to
     6  any  person  unless  the  applicant presents a hunting license issued to
     7  that person for the corresponding license year and  such  person  is  at
     8  least [fourteen] twelve years old.
     9    §  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
    10  mental conservation law, as amended by section 2 of part R of chapter 58
    11  of the laws of 2013, is amended to read as follows:
    12    b. Except as provided in section 11-0707 and section 11-0709  of  this
    13  title,  no  person  shall  (1) hunt wild deer or bear unless such person
    14  holds and is entitled to exercise the privileges of a  hunting  license,
    15  and  meets  the requirements of this article; (2) hunt wild deer or bear
    16  with a longbow in a special longbow season unless such person holds  and
    17  is  entitled  to  exercise  the  privileges  of a hunting license with a
    18  bowhunting privilege and meets the requirements of this article; or  (3)
    19  hunt  wild  deer  or  bear  with  a  muzzle-loading firearm in a special
    20  muzzle-loading firearm season unless such person is at least  [fourteen]
    21  twelve years old and holds a hunting license with a muzzle-loading priv-
    22  ilege and meets the requirements of this article.
    23    §  3.  Subdivisions  1  and  2 of section 11-0929 of the environmental
    24  conservation law, subdivision 1 as amended by section 20 of part  EE  of
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10722-01-5

        A. 8358                             2
 
     1  chapter  55  of the laws of 2014, subdivision 2 as amended by section 13
     2  of part R of chapter 58 of the laws of 2013, paragraph a and the opening
     3  paragraph of paragraph b of subdivision 2 as amended by  section  11  of
     4  part  EE  of  chapter  55  of  the  laws of 2014, are amended to read as
     5  follows:
     6    1. A licensee who is twelve or thirteen years of age  shall  not  hunt
     7  wildlife  with a gun or a longbow unless he or she is accompanied by his
     8  or her parent or legal guardian, or by a person twenty-one years of  age
     9  or older designated in writing by his or her parent or legal guardian on
    10  a  form  prescribed  by  the department, who holds a hunting license. [A
    11  licensee who is twelve or thirteen years of age shall not  hunt  with  a
    12  crossbow.]
    13    2. A licensee who is fourteen or fifteen years of age shall not[:
    14    a.]  hunt  wildlife  with  a gun, crossbow or longbow, other than wild
    15  deer or bear as provided in [paragraph  b]  subdivision  three  of  this
    16  [subdivision]  section,  unless  he  or she is accompanied by his or her
    17  parent or legal guardian holding a hunting license, or by a person eigh-
    18  teen years of age or older, designated in writing by his or  her  parent
    19  or legal guardian, holding such license;
    20    [b.]  3. a licensee who is twelve, thirteen, fourteen or fifteen years
    21  of age, shall not hunt wild deer or bear with a crossbow or gun unless:
    22    [(1)] a. he or she is accompanied by his or  her  parent  or  a  legal
    23  guardian,  or  a  youth  mentor  who is twenty-one years of age or older
    24  designated in writing by the parent or legal guardian of the licensee on
    25  a form prescribed by the department; and
    26    [(2)] b. such parent, guardian or youth mentor has had at least  three
    27  years of experience in hunting big game; and
    28    [(3)]  c.  such  parent,  guardian  or  youth  mentor  holds a hunting
    29  license; and
    30    [(4)] d. such parent, guardian  or  youth  mentor  maintains  physical
    31  control  over  the  minor  he  or she is accompanying at all times while
    32  hunting; and
    33    [(5)] e. such parent, guardian or youth mentor and the minor he or she
    34  is accompanying remain at ground level at all times while hunting; and
    35    [(6)] f. such parent, guardian or youth mentor and the minor he or she
    36  is accompanying shall each display either a minimum total of two hundred
    37  fifty square inches of solid fluorescent orange or patterned fluorescent
    38  orange consisting of no less than fifty percent fluorescent orange mate-
    39  rial worn above the waist and visible from all directions, or a  hat  or
    40  cap  with no less than fifty percent of the exterior consisting of solid
    41  fluorescent  orange  material  and  visible  from  all  directions.  For
    42  purposes of this paragraph, "physical control" shall mean that the phys-
    43  ical  proximity  of the minor to the parent, guardian or youth mentor is
    44  such that the parent, guardian or youth mentor  is  reasonably  able  to
    45  issue  verbal  directions  and  instructions,  maintain  constant visual
    46  contact, and otherwise provide guidance and supervision to the minor.
    47    § 4. Paragraph a of subdivision 1 of section 11-0701 of  the  environ-
    48  mental  conservation law, as amended by section 21 of part EE of chapter
    49  55 of the laws of 2014, is amended to read as follows:
    50    a. entitles a holder who is twelve or thirteen years of  age  to  hunt
    51  wildlife,  [except  big  game,]  as  provided in title 9 of this article
    52  subject, specifically, to the provisions  of  section  11-0929  of  this
    53  article.  It  entitles  such  holder  to possess firearms as provided in
    54  section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
    55  years of age shall not hunt with a crossbow.]

        A. 8358                             3
 
     1    § 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
     2  of  the environmental conservation law, as amended by section 19 of part
     3  EE of chapter 55 of the laws of 2014, is amended to read as follows:
     4    (3)  crossbows  may  be  used but only by licensees who are [fourteen]
     5  twelve years of age or older.
     6    § 6. Section 11-0933 of the environmental conservation law,  as  added
     7  by  section  22 of part EE of chapter 55 of the laws of 2014, is amended
     8  to read as follows:
     9  § 11-0933. Taking small game by crossbow.
    10    Notwithstanding any provision of this chapter, or any  prior  notwith-
    11  standing  language  in  this article, the department may, by regulation,
    12  authorize the taking of small game and wild upland game birds by the use
    13  of a crossbow by any licensed person [fourteen] twelve years of  age  or
    14  older,  in  any  small game season, in any area designated in items (a),
    15  (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
    16  two of section 11-0907 of this title in which a shotgun or muzzle loader
    17  is permitted.
    18    § 7. This act shall take effect immediately.
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