S2382A-2011 - NY Senate Open Legislation - Relates to the right to hunt, trap and fish

Relates to the right to hunt, trap and fish; provides for regulation by the state.

Sponsor: SEWARD / Co-sponsor(s): DEFRANCISCO, GALLIVAN, LARKIN, LIBOUS, LITTLE, MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, VALESKY, YOUNG / Committee: JUDICIARY
Law Section: Constitution, Concurrent Resolutions to Amend / Law: Ren Art 20 to be Art 21, add Art 20, Constn

S2382A-2011 Actions

Jan 9, 2012: TO ATTORNEY-GENERAL FOR OPINION
Jan 4, 2012: REFERRED TO JUDICIARY
Jun 22, 2011: OPINION REFERRED TO JUDICIARY
Jun 16, 2011: referred to environmental conservation
Jun 16, 2011: DELIVERED TO ASSEMBLY
Jun 16, 2011: PASSED SENATE
May 26, 2011: TO ATTORNEY-GENERAL FOR OPINION
May 3, 2011: AMENDED ON THIRD READING 2382A
Apr 27, 2011: OPINION REFERRED TO JUDICIARY
Mar 31, 2011: ADVANCED TO THIRD READING
Mar 30, 2011: 2ND REPORT CAL.
Mar 29, 2011: 1ST REPORT CAL.269
Jan 25, 2011: TO ATTORNEY-GENERAL FOR OPINION
Jan 19, 2011: REFERRED TO JUDICIARY

S2382A-2011 Calendars

S2382A-2011 Votes

VOTE: COMMITTEE VOTE: - Judiciary - Mar 29, 2011

Ayes (13): Bonacic, DeFrancisco, Flanagan, Fuschillo, Lanza, Little, Nozzolio, O'Mara, Ranzenhofer, Saland, Zeldin, Adams, Breslin
Ayes W/R (2): LaValle, Dilan
Nays (8): Hassell-Thompson, Espaillat, Gianaris, Krueger, Perkins, Serrano, Squadron, Stavisky

VOTE: FLOOR VOTE: - Jun 16, 2011

Ayes (51): Addabbo, Alesi, Ball, Bonacic, Breslin, Carlucci, DeFrancisco, Diaz, Dilan, Espaillat, Farley, Flanagan, Fuschillo, Gallivan, Golden, Griffo, Grisanti, Hannon, Huntley, Johnson, Kennedy, Klein, Kruger, Lanza, Larkin, LaValle, Libous, Little, Marcellino, Martins, Maziarz, McDonald, Nozzolio, O'Mara, Oppenheimer, Peralta, Ranzenhofer, Ritchie, Robach, Saland, Sampson, Savino, Serrano, Seward, Skelos, Smith, Squadron, Stewart-Cousin, Valesky, Young, Zeldin
Nays (11): Adams, Avella, Duane, Gianaris, Hassell-Thomps, Krueger, Montgomery, Parker, Perkins, Rivera, Stavisky

S2382A-2011 Memo

BILL NUMBER:S2382

TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to the constitution, in relation to the right to
hunt, trap and fish

PURPOSE:
This proposed constitutional amendment would provide within
the New York State Constitution for a right of the people to hunt,
trap and fish.

SUMMARY OF PROVISIONS:
A new Article Twenty would be added to the
state constitution to ensure the right of the law-abiding citizen to
hunt, trap and fish subject to reasonable regulation by the state.

JUSTIFICATION:
The roots of hunting, fishing and trapping go deep into
the soil of our American experience. A way of life to Native
Americans and European settlers and sources of food and commerce,
they have since matured beyond their subsistence origins to become
revered outdoor pastimes enjoyed by 1.7 million New Yorkers and
visitors for the pleasure, challenge, companionship, food and
additional income that our outdoor sporting traditions provide.

New York's outdoor sporting traditions have a significant impact on
New York's economy as well. According to the 1996 National Survey of
Fishing, Hunting, and Wildlife-Associated Recreation conducted by the
U.S. departments of Interior and Commerce, recreational anglers and
hunters spent more than $2.5 billion in pursuit of their pastimes in
New York in 1996. New York hunters and anglers annually spend
millions of dollars for goods and services provided by businesses
located throughout the state. Apart from the cost of their sporting
licenses, outdoorsmen's expenditures support jobs, generate sales and
income taxes, and are integral parts of the tourism industry. Hunters
and anglers come from all over the United States to fish legendary
Catskill and Adirondack streams and enjoy the thrill of the ruffed
grouse flushing in our many forests and state wildlife management
areas.

Sportsmen spend money for equipment, bait and tackle, hotels and
motels, restaurants, lodges and camps, grocery and hardware stores,
vehicles, boats, fuel and guide services. The survey found that these
expenditures and their associated economic impact supported 43,000
jobs and generated $100 million in state sales taxes and $32 million
in state income taxes in New York State in 1996.

New York has invested considerable sums of tax dollars in the
acquisition of land for outdoor recreation, including canoeing,
kayaking and hiking, fishing rights, and hunting. Habitat restoration
projects, funded by the state, are designed in part to enhance fish
spawning and the proliferation of game species.

Because of the public dollars and license fees that have supported
game reintroductions and habitat improvements, the increasing
suburbanization of the state, continued loss of open and wild areas,


the distance between the population and our subsistence roots, and their
foundation in our culture and history, particularly in our rural
areas, the time honored and respected pastimes of hunting, fishing and
trapping should be recognized in our constitution as rights of the
people.

LEGISLATIVE HISTORY:
S.3049 of 2009-10; S.2639 of 2007-08.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after
the next succeeding general election of members of the assembly,
and, in conformity with section 1 of article 19 of the constitution,
be published for 3 months previous to the time of such election.

S2382A-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 2382--A
 Cal. No. 269
 2011-2012 Regular Sessions
 I N  SENATE
 January 19, 2011
 
 Introduced   by  Sens.  SEWARD,  DeFRANCISCO,  LARKIN,  LIBOUS,  LITTLE,
 MAZIARZ, NOZZOLIO, O'MARA, RANZENHOFER, RITCHIE, YOUNG --  read  twice
 and ordered printed, and when printed to be committed to the Committee
 on  Judiciary  --  reported  favorably from said committee, ordered to
 first and second report, ordered  to  a  third  reading,  amended  and
 ordered reprinted, retaining its place in the order of third reading
 CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
 proposing  an amendment to the constitution, in relation to the right to
 hunt, trap and fish
 

Section 1. Resolved (if the Assembly concur), That article 20  of  the
 constitution  be  renumbered article 21 and a new article 20 be added to
 read as follows:

 ARTICLE XX
 RIGHT TO HUNT, TRAP AND FISH
 SECTION 1.   HUNTING, TRAPPING, AND FISHING AND  THE  TAKING  OF  WILD
 ANIMALS,  BIRDS  AND  FISH ARE A VALUED PART OF OUR HERITAGE AND WILL BE
 FOREVER PRESERVED FOR THE PEOPLE. FISH AND WILDLIFE SHALL BE MANAGED  BY
 STATE  LAWS  AND  REGULATIONS  THAT PROVIDE   PERSONS WITH THE CONTINUED
 OPPORTUNITY TO TAKE, BY TRADITIONAL MEANS AND  METHODS,  SPECIES  TRADI
 TIONALLY  PURSUED  BY  HUNTERS,  ANGLERS AND TRAPPERS. FISH AND WILDLIFE
 MANAGEMENT, INCLUDING TAKING, SHALL BE CONSISTENT WITH THE STATE'S  DUTY
 TO  PROTECT  THIS HERITAGE AND ITS DUTY TO CONSERVE WILD ANIMALS, BIRDS,
 AND FISH, AND SHALL BE SUBJECT TO REASONABLE REGULATION AS PRESCRIBED BY
 STATE STATUTE.
 

S 2. Resolved (if the Assembly concur), That the  foregoing  amendment
 be referred to the first regular legislative session convening after the
 next  succeeding  general  election  of members of the Assembly, and, in
 conformity with  section  1  of  article  19  of  the  constitution,  be
 published for 3 months previous to the time of such election.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD89065-02-1

S2382A-2011: Relates to the right to hunt, trap and fish

S2382A-2011 Actions

S2382A-2011 Calendars

S2382A-2011 Votes

S2382A-2011 Memo

S2382A-2011 Text

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