New York State Assembly

 
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A08646 Summary:

A08646 Actions:

A08646 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:06/07/2018AYE/NAY:27/0  Action: Favorable refer to committee Ways and Means        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Excused
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Palumbo
Aye
Lifton
Aye
Miller ML
Aye
O'Donnell
Excused
Miller B 
Aye
Peoples-Stokes
Aye
Garbarino
Aye
Gunther
Aye
Walter
Aye
Jaffee
Excused
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye
Pellegrino
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:06/18/2018AYE/NAY:31/2  Action: Favorable refer to committee Rules        
Weinstein
Nay
Oaks
Aye
Lentol
Aye
Crouch
Aye
Schimminger
Aye
Barclay
Aye
Gantt
Excused
Fitzpatrick
Aye
Glick
Nay
Hawley
Aye
Nolan
Aye
Malliotakis
Aye
Pretlow
Aye
Walter
Aye
Perry
Aye
Montesano
Aye
Colton
Aye
Curran
Aye
Cook
Aye
Ra
Aye
Cahill
Aye
Aubry
Aye
Hooper
Excused
Thiele
Aye
Cusick
Aye
Ortiz
Aye
Benedetto
Aye
Weprin
Aye
Rodriguez
Aye
Ramos
Aye
Braunstein
Aye
McDonald
Aye
Rozic
Aye
Peoples-Stokes
Aye
Simotas
Aye

Committee:RULES   Chair:Heastie      
DATE:06/18/2018AYE/NAY:30/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Gantt
Excused
Crouch
Aye
Nolan
Aye
Finch
Aye
Weinstein
Aye
Barclay
Aye
Hooper
Aye
Raia
Aye
Ortiz
Aye
Hawley
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Aye
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye
Benedetto
Aye

A08646 Floor Votes:

A08646 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8646--C
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    September 1, 2017
                                       ___________
 
        Introduced  by M. of A. HUNTER, TITONE, D'URSO, MAGNARELLI, FAHY, LUPAR-
          DO, HAWLEY, GALEF, COOK,  RAIA,  WILLIAMS,  ERRIGO,  HYNDMAN,  STIRPE,
          BLAKE  -- Multi-Sponsored by -- M. of A. BARCLAY, McDONOUGH, THIELE --
          read once and referred to the Committee on Environmental  Conservation
          --  recommitted  to  the  Committee  on  Environmental Conservation in
          accordance with Assembly Rule 3, sec. 2 -- committee discharged,  bill
          amended,  ordered reprinted as amended and recommitted to said commit-
          tee -- again reported from said  committee  with  amendments,  ordered
          reprinted as amended and recommitted to said committee -- reported and
          referred  to  the Committee on Ways and Means -- committee discharged,
          bill amended, ordered reprinted as amended  and  recommitted  to  said
          committee
 
        AN ACT to amend the environmental conservation law, in relation to wild-
          life damage management
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 11-0522 to read as follows:
     3  § 11-0522. Cull permits to certified nuisance wildlife specialists.
     4    1.  For  the  purposes  of  this section, "certified nuisance wildlife
     5  specialist" shall mean an employee of a land  grant  university,  or  an
     6  employee  of  or a contractor for the federal or state government or any
     7  city, town, village or county, responsible for wildlife  management  and
     8  acting  pursuant  to  a  wildlife management plan, who complies with the
     9  criteria established by the department, in rules and  regulations,  that
    10  at a minimum require:
    11    a.  a  minimum  level of marksmanship certification, including ongoing
    12  certification;
    13    b. liability insurance coverage levels or other financial arrangements
    14  approved by the department; and
    15    c. reporting requirements.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13398-10-8
        A. 8646--C                          2
 
     1    2. The department may,  after  reviewing  the  site-specific  wildlife
     2  management plan, and upon a finding that wildlife has become a nuisance,
     3  destructive  to  public or private property or a threat to public health
     4  or welfare, issue a certified nuisance wildlife specialist a cull permit
     5  for the following wildlife:
     6    a.  for  areas  at  an  airport, wildlife shall mean wild game and all
     7  other animal life existing in a wild state at an airport, as defined  in
     8  subdivision  five  of  section two hundred forty of the general business
     9  law, that may pose a risk to aircraft.
    10    b. for all other areas, wildlife shall mean only deer and coyote.
    11    3. Each cull permit application shall comply with the criteria  estab-
    12  lished  by  the  department  in  rules and regulations that at a minimum
    13  include requirements for: the timeframe during which the permit must  be
    14  used, a site-specific wildlife management plan, a geographic description
    15  of  the area for which the permit is being requested, a written contract
    16  with the airport or entity requesting the cull, requests for any author-
    17  ization pursuant to subdivisions three and nine of  section  11-0505  of
    18  this  title,  subdivision  two  of  section 11-0901 of this article, and
    19  subdivisions two and four of section 11-0931 of this  article,  provided
    20  that  any  such  authorization  subsequently granted shall be explicitly
    21  included on any cull permit, and details regarding  expected  local  law
    22  enforcement participation.
    23    4. Nothing in this section shall be construed as requiring or obligat-
    24  ing  the  department  to  issue  a permit to take wildlife or direct the
    25  taking of any wildlife when in its opinion the nuisance, destruction  of
    26  property  or threat to public health and welfare will not be effectively
    27  abated thereby.
    28    § 2. Subdivision 3 of section 11-0505 of the  environmental  conserva-
    29  tion  law, as amended by chapter 135 of the laws of 1982, is amended and
    30  a new subdivision 9 is added to read as follows:
    31    3. No deer or bear traps shall be made, set or used upon land inhabit-
    32  ed by deer or bear. No salt lick shall be made, set or  used  upon  land
    33  inhabited by deer or bear, except that:
    34    a.  the  department  may  do so on state wildlife refuges and wildlife
    35  management areas; and
    36    b. a certified nuisance  wildlife  specialist  with  a  permit  issued
    37  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    38  this title may do so provided that such activities are in furtherance of
    39  the site-specific wildlife management plan.
    40    9. A certified nuisance  wildlife  specialist  with  a  permit  issued
    41  pursuant  to  paragraph  a or b of subdivision two of section 11-0522 of
    42  this title may, in accordance with the parameters of such permit and the
    43  participation of local  law  enforcement,  entice  deer  in  the  manner
    44  prohibited  in  subdivision  eight  of  this  section provided that such
    45  activities are in furtherance of the site-specific  wildlife  management
    46  plan.
    47    §  3.  Subdivision 2 of section 11-0901 of the environmental conserva-
    48  tion law is amended to read as follows:
    49    2. Wildlife shall not be taken on or from any public highway, except:
    50    a. that in the forest preserve counties it may be taken from  highways
    51  other than state, county or town highways; and
    52    b.  by  a  certified nuisance wildlife specialist with a permit issued
    53  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
    54  this  article  provided  that  such activities are in furtherance of the
    55  site-specific wildlife management plan.
        A. 8646--C                          3
 
     1    § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
     2  of  section 11-0931 of the environmental conservation law, as amended by
     3  section 8 of part EE of chapter 55 of the laws of 2014, are  amended  to
     4  read as follows:
     5    2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
     6  carried or possessed in or on a motor vehicle unless it is uncocked, for
     7  a crossbow or unloaded, for a firearm in both the chamber and the  maga-
     8  zine,  except that a loaded firearm which may be legally used for taking
     9  migratory game birds may be carried or possessed in  a  motorboat  while
    10  being  legally  used  in  hunting migratory game birds, and b. no person
    11  except a law enforcement officer in  the  performance  of  his  official
    12  duties  or a certified nuisance wildlife specialist with a permit issued
    13  pursuant to paragraph a or b of subdivision two of  section  11-0522  of
    14  this  article,  provided  that such activities are in furtherance of the
    15  site-specific wildlife management plan, shall, while in or  on  a  motor
    16  vehicle, use a jacklight, spotlight or other artificial light upon lands
    17  inhabited  by  deer if he or she is in possession or is accompanied by a
    18  person who is in possession, at the time of  such  use,  of  a  longbow,
    19  crossbow  or  a  firearm of any kind except a pistol or revolver, unless
    20  such longbow or crossbow is unstrung or  such  firearm  or  crossbow  is
    21  taken  down or securely fastened in a case or locked in the trunk of the
    22  vehicle. For purposes of this  subdivision,  motor  vehicle  shall  mean
    23  every  vehicle  or  other device operated by any power other than muscle
    24  power, and which shall  include  but  not  be  limited  to  automobiles,
    25  trucks,  motorcycles, tractors, trailers and motorboats, snowmobiles and
    26  snowtravelers, whether operated on or off public highways. Notwithstand-
    27  ing the provisions of this  subdivision,  the  department  may  issue  a
    28  permit  to  any  person  who is non-ambulatory, except with the use of a
    29  mechanized aid, to possess a loaded firearm in or on a motor vehicle  as
    30  defined  in this section, subject to such restrictions as the department
    31  may deem necessary in the interest of public  safety.  Nothing  in  this
    32  section permits the possession of a pistol or a revolver contrary to the
    33  penal law.
    34    (1) The owner or lessee of the dwelling house, or members of his imme-
    35  diate  family  actually  residing therein, or a person in his employ, or
    36  the guest of the owner or lessee of the dwelling house acting  with  the
    37  written  consent of said owner or lessee, including a certified nuisance
    38  wildlife specialist with a permit issued  pursuant  to  paragraph  b  of
    39  subdivision  two  of section 11-0522 of this article, provided that such
    40  activities are in furtherance of the site-specific  wildlife  management
    41  plan, provided however, that nothing herein shall be deemed to authorize
    42  such persons to discharge a firearm within five hundred feet, a long bow
    43  within  one  hundred  fifty feet, or a crossbow within two hundred fifty
    44  feet of any other dwelling house, or a farm building or  farm  structure
    45  actually  occupied  or  used, or a school building or playground, public
    46  structure, or occupied factory or church;
    47    § 5. This act shall take effect on the ninetieth day  after  it  shall
    48  have  become a law. Effective immediately the addition, amendment and/or
    49  repeal of any rule or regulation necessary  for  the  implementation  of
    50  this  act  on its effective date are authorized to be made and completed
    51  on or before such effective date.