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.Go to top
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 tabledGo to top
|Barron||NO||Cook||Y||Goldfed||Y||Latimer||Y||Mill MG||Y||Rive J||Y||Thiele||Y|
Go to top
Go to top
STATE OF NEW YORK ________________________________________________________________________ 10583--A R. R. 276 IN ASSEMBLY 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 § 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this act shall 9 expire on December 31, [ 2012] 2014 when upon such date the provisions of 10 this act shall be deemed repealed[ ; provided, however, that the amend-11 ments to paragraph a of subdivision 2 of section 11-0907 of the environ-12 mental conservation law made by section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 be13 subject to the expiration and reversion of such paragraph pursuant to14 section 13 of chapter 600 of the laws of 1993, as amended, when upon15 such date the provisions of section twelve of this act shall take16 effect]. 17 § 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 § 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. LBD14619-12-2A. 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 § 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 § 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 § 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 § 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 § 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 § 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.