Relates to authorizing proxy hunting and/or fishing; provides certain conditions under which a resident holding a valid hunting and/or fishing license may take fish and/or game for another resident holding a valid hunting and/or fishing license who is either visually impaired, physically disabled or over the age of sixty-five.
STATE OF NEW YORK
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5451
2015-2016 Regular Sessions
IN SENATE
May 14, 2015
___________
Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to proxy
hunting and fishing licenses
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 11-0708 to read as follows:
3 § 11-0708. Proxy licenses.
4 1. A resident (proxy) holding a valid hunting and/or fishing license
5 may take fish and/or game for another resident (beneficiary) also hold-
6 ing a valid hunting and/or fishing license who suffers from functional
7 visual impairment, as defined by paragraph b of subdivision one of
8 section two hundred fifteen-a of the elder law, is physically disabled
9 as affirmed by a physician on an affidavit to be prescribed by the
10 commissioner, or is sixty-five years of age or older.
11 2. Both the proxy and the beneficiary shall possess copies of a
12 completed proxy authorization on a form to be prescribed by the commis-
13 sioner which shall include the names, addresses and signatures of the
14 proxy and beneficiary, applicable hunting license identification
15 numbers, and dates during which such authorization is applicable. A
16 proxy authorization may not be used to take a species of fish and/or
17 game for a beneficiary outside of the time specified on the proxy
18 authorization.
19 3. A person may not be a proxy for more than one beneficiary at a
20 time. A proxy who takes fish and/or game for a beneficiary shall be
21 subject to all the conditions and requirements that would apply to the
22 beneficiary if the beneficiary personally hunted and/or fished the fish
23 and/or game. No later than thirty days after taking such fish and/or
24 game, a proxy shall personally deliver all parts of the fish and/or game
25 to the beneficiary. A proxy who takes fish and/or game for a person may
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11142-01-5
S. 5451 2
1 not give or receive remuneration in order to obtain, grant, or influence
2 the granting of a proxy authorization.
3 4. The department is hereby authorized to promulgate all rules and
4 regulations as may be necessary for the implementation of this section.
5 § 2. This act shall take effect on the sixtieth day after it shall
6 have become a law; provided, however, that effective immediately, the
7 addition, amendment and/or repeal of any rule or regulation necessary
8 for the implementation of this act on its effective date is authorized
9 and directed to be made and completed on or before such effective date.
