A10583 Summary:

BILL NO    A10583A

SAME AS    SAME AS S07705-A

SPONSOR    Rules (Sweeney)

COSPNSR    

MLTSPNSR   

Amd S17, rpld S12, amd Chap 483 of 2010; amd SS11-0103 & 11-0719, En Con L

Extends crossbow hunting provisions through 2014.
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A10583 Actions:

BILL NO    A10583A

06/07/2012 referred to environmental conservation
06/13/2012 reported referred to rules
06/14/2012 reported 
06/14/2012 rules report cal.276
06/14/2012 ordered to third reading rules cal.276
06/18/2012 amended on third reading 10583a
06/21/2012 passed assembly
06/21/2012 delivered to senate
06/21/2012 REFERRED TO RULES
06/21/2012 SUBSTITUTED FOR S7705A
06/21/2012 3RD READING CAL.1491
06/21/2012 PASSED SENATE
06/21/2012 RETURNED TO ASSEMBLY
12/05/2012 delivered to governor
12/17/2012 vetoed memo.177
12/17/2012 tabled
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A10583 Votes:

A10583A06/21/2012 92/44
AbbateERCanestrYFriendYJordanYMcDonouYQuartYSimotasY
AbinantERCastellYGabryszNOKatzNOMcEnenyYRaYSkartadY
AmedoreNOCastroERGalefYKavanagNOMcKevitYRabbittYSmardzER
ArroyoYCerettoYGanttYKearnsYMcLaughYRaiaNOStevensER
AubryYClarkYGibsonNOKellnerNOMengERRamosYSweeneyY
BarclayNOColtonYGiglioYKolbNOMill D YReilichNOTediscoY
BarrettYConteERGlickNOLancmanERMill JMNOReillyYTenneyNO
BarronNOCookYGoldfedYLatimerYMill MGYRive J YThieleY
BenedetYCorwinNOGoodellYLavineYMillmanYRive N ERTitoneY
BlankenYCrespoYGottfriYLentolYMontesaYRive PMYTitusY
BoylandERCrouchYGrafERLiftonYMorelleYRobertsYTobaccoNO
BoyleNOCurranYGuntherNOLinaresYMoyaNORobinsoNOWalterNO
BraunstYCusickYHannaNOLope PDYMurrayYRodriguERWeinsteNO
BrennanYCymbrowYHawleyNOLope VJERNolanYRosenthNOWeisenbY
BrindisNODenDekkYHeastieNOLosquadNOOaksNORussellNOWeprinY
BronsonYDinowitNOHevesiYLupardoNOO'DonneNORyanNOWrightY
Brook KYDupreyNOHikindYMageeNOOrtizYSaladinNOZebrowsY
BurlingNOEnglebrYHooperYMagnareNOPalmesaYSaywardYMr SpkrY
ButlerNOEspinalERJacobsYMaiselYPaulinYScarborY
CahillYFarrellYJaffeeYMalliotNOPeoplesYSchimelY
CalhounYFinchNOJeffrieYMarkeyYPerryYSchimmiNO
CamaraYFitzpatYJohnsYMayerYPretlowNOSimanowY

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A10583 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                       10583--A
                                                                  R. R. 276

                                 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
         -- amended on the special order of third reading, ordered reprinted as
         amended, retaining its place on the special order of third reading

       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

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14619-12-2
       A. 10583--A                         2

    1  causing such injury or death, or the person injured or killed, is taking
    2  or attempting to take game, wildlife or fish.
    3    S  4.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
    4  mental conservation law, as amended by chapter 176 of the laws of  1987,
    5  is amended to read as follows:
    6    a.  In  the  circumstances described in paragraph b the department may
    7  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
    8  defined  in  section  11-0701 or issued pursuant to any provision of the
    9  Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.
   10  It may also deny such person, for a period not exceeding five years, the
   11  privilege of obtaining such license or licenses or stamp or stamps or of
   12  hunting,  trapping  or  fishing,  anywhere  in the state with or without
   13  license or stamp, except as provided in subdivision 1 of section 11-0707
   14  or in section 11-0523. It may also require that such person successfully
   15  complete a department-sponsored course and obtain a certificate of qual-
   16  ification  in  responsible  hunting,  [responsible]  CROSSBOW   HUNTING,
   17  bowhunting  or  [responsible]  trapping  practices  before  being issued
   18  another license.
   19    S 5. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   20  of the environmental conservation law, as amended by chapter 436 of  the
   21  laws of 2000, is amended to read as follows:
   22    (4)  is  convicted of an offense involving a violation of subdivisions
   23  one and two of section 11-0901 of this article  relating  to  taking  of
   24  wildlife  when  the person taking is in or on a motor vehicle while such
   25  motor vehicle is on a public highway or an offense involving a violation
   26  of subdivision one of section 11-0901 of this article  and  subparagraph
   27  one  of paragraph a of subdivision four of section 11-0931 of this arti-
   28  cle relating to taking wildlife when the person taking is  in  or  on  a
   29  motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
   30  way that the load or arrow passes over a public highway or a part there-
   31  of or signs an acknowledgment of any such violation for the  purpose  of
   32  affecting a settlement by civil compromise or by stipulation.
   33    S  6.  Subdivision 2 of section 11-0719 of the environmental conserva-
   34  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
   35  opening paragraph of paragraph a as amended by section 33 of part  F  of
   36  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
   37  the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
   38  1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
   39  amended to read as follows:
   40    2.  a.  The department may revoke the licenses, tags, and stamps which
   41  authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
   42  privilege  of obtaining such licenses, tags, and stamps and may deny the
   43  privileges of hunting and/or trapping with or without a license.
   44    (1) of any person who, while engaged in hunting or trapping,
   45    (i) causes death or injury to another by discharging a firearm, CROSS-
   46  BOW, or longbow, or
   47    (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
   48  endanger the life or safety of another, or
   49    (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
   50  longbow as to destroy or damage public or private property; or
   51    (2) of any agent of the department authorized to issue certificates of
   52  qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
   53  trapping  practices  who  improperly  issues any such certification to a
   54  person whom he has not trained, or whom he knows has not  satisfactorily
   55  completed all of the requirements necessary for such certification.
       A. 10583--A                         3

    1    b.  Action  by  the  department  resulting  in  the revocation of such
    2  license or denial of the privilege to hunt and trap as provided in  this
    3  subdivision  shall  be  only after a hearing held by the department upon
    4  notice to the offender, at which proof of facts indicating the violation
    5  is established to the satisfaction of the commissioner or of the hearing
    6  officer designated by him and concurred in by the commissioner. Provided
    7  that where a person, while hunting, causes death or injury to any person
    8  by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
    9  in his discretion, suspend such person's license or licenses to hunt and
   10  suspend such person's right to hunt without a license for a period of up
   11  to sixty days pending a hearing as provided for in this subdivision.
   12    c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
   13  death or injury to another, the license or licenses shall be revoked and
   14  the  privilege  of obtaining any such license and of hunting or of trap-
   15  ping anywhere in the state with or without a license denied, for a peri-
   16  od not exceeding ten years, except that no revocation shall be  made  in
   17  cases  in  which facts established at the hearing indicate to the satis-
   18  faction of the commissioner that there was no negligence on the part  of
   19  the  shooter or bowman. In all other cases the license or licenses shall
   20  be revoked and the privilege of obtaining such license and of hunting or
   21  of trapping anywhere in the state with or without a license denied for a
   22  period not exceeding five years. The department may  also  require  that
   23  the  person causing such death or injury successfully complete a depart-
   24  ment-sponsored course and  obtain  a  certificate  of  qualification  in
   25  responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
   26  being issued another hunting license.
   27    d. Every person injuring himself, herself or another person in a hunt-
   28  ing accident, as such term is  defined  in  subdivision  25  of  section
   29  11-0103  of  this chapter, and the investigating law enforcement officer
   30  summoned to or arriving at the scene of such accident shall  within  ten
   31  days  from the occurrence of such accident file a report of the accident
   32  in writing with the department. Every such  person  or  law  enforcement
   33  officer  shall  make such other and additional reports as the department
   34  shall require.  Failure to report such accident as  herein  provided  by
   35  the person causing injury or to furnish relevant information required by
   36  the  department  shall  be  a violation and shall constitute grounds for
   37  suspension or revocation of such person's hunting licenses and denial of
   38  the privilege of obtaining any such license and of hunting with or with-
   39  out a license following a hearing or opportunity to be heard.  In  addi-
   40  tion,  the  department may temporarily suspend the license of the person
   41  failing to report a hunting accident within the period prescribed herein
   42  until such report has been filed. In the case  of  a  non-resident,  the
   43  failure  to  report  an  accident  as  herein  provided shall constitute
   44  grounds for suspension or revocation of his or her privileges of hunting
   45  within this state. The report required by this section shall be made  in
   46  such form and number as the department may prescribe.
   47    S  7.  Subdivision 3 of section 11-0719 of the environmental conserva-
   48  tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
   49  read as follows:
   50    3.  A junior hunting license issued to a person who is at least twelve
   51  and less than sixteen years of age or a junior archery license issued to
   52  a person who is between the ages of twelve  and  sixteen  years  may  be
   53  revoked by the department upon proof satisfactory to the department that
   54  such  person,  while  under  the  age of sixteen, has engaged in hunting
   55  wildlife with a gun, CROSSBOW, or longbow, in circumstances in  which  a
   56  license is required, while not accompanied by his or her parent, guardi-
       A. 10583--A                         4

    1  an  or  other  adult  as provided in section 11-0929 of this article. If
    2  such license or privilege is revoked the department shall fix the period
    3  of such revocation, which is not to exceed six years. The department may
    4  require  that  such  person successfully complete a department sponsored
    5  course and obtain a certificate of qualification in responsible hunting,
    6  CROSSBOW HUNTING, or [responsible]  bowhunting  practices  before  being
    7  issued another hunting or bowhunting license.
    8    S  8.  The only junior hunter days for big game hunting the department
    9  of environmental conservation may authorize during archery  seasons  are
   10  junior 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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