Extends crossbow hunting provisions through 2014.

---

S7705A-2011 Actions

• Jun 21, 2012: SUBSTITUTED BY A10583A
• Jun 21, 2012: ORDERED TO THIRD READING CAL.1491
• Jun 18, 2012: PRINT NUMBER 7705A
• Jun 18, 2012: AMEND AND RECOMMIT TO RULES
• Jun 14, 2012: REFERRED TO RULES

S7705A-2011 Meetings

Rules: Jun 21, 2012

S7705A-2011 Calendars

Floor Calendar: Jun 21, 2012

S7705A-2011 Votes

S7705A-2011 Memo

BILL NUMBER:S7705A

TITLE OF BILL:
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

PURPOSE:
The  purpose  of  this  bill is to extend the authorization to hunt by
means of a crossbow.

SUMMARY OF PROVISIONS:
This bill would:
-extend, until December 31, 2014, the authorization to hunt  by  means
of a crossbow;
-authorize  the  Department  of  Environmental  Conservation  (DEC) to
revoke a person's hunting license if such person:
-causes death or injury to another person by discharging a crossbow;
-negligently discharges a crossbow and endangers the life or safety or
another; or,
-negligently and wantonly discharges a crossbow to destroy  or  damage
public   or   private   property;  and,  impose  restrictions  on  the
modification of the existing special early archery only seasons.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
Amends �12 and �17 of Chapter 483 of the Laws of  2010,  �11-0103(25),
�11-0719(1)(a),   �11-0719(1)(a)(4),   and   �11-0719(2),(3)   of  the
Environmental Conservation Law.

JUSTIFICATION:
This  legislation  will  extend   until   December   31,   2014,   the
authorization  to hunt by means of a crossbow. Further the legislation
will permit the Department of Environmental Conservation to  revoke  a
person's  hunting license under appropriate circumstances in line with
the  Departments  authority  for  other  hunting  implements.      The
Department  of  Environmental  Conservation  is  granted  the right to
revoke an individual's crossbow license if the individual is found  to
have  been negligent, causes death or injury to another by discharging
a crossbow, or negligently and wantonly destroys or damages public  or
private property.

Finally, the Department of Environmental Conservation is encouraged to
authorize archery youth hunting days.

LEGISLATIVE HISTORY:
New Bill.

FISCAL IMPLICATIONS:
None to the State.

EFFECTIVE DATE:
This act shall take effect immediately; provided however that sections
three, four, five, six, and seven of this act shall take effect on the
ninetieth day after it shall have become a law.

S7705A-2011 Text

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

                                   7705--A

                              I N  SENATE

                                June 14, 2012
                                 ___________

  Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
    when printed to be committed to the Committee on  Rules  --  committee
    discharged, bill amended, ordered reprinted as amended and recommitted
    to said committee

  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:


    Section 1. Section 17 of chapter 483 of the laws of 2010, amending the
  environmental  conservation  law  relating  to  hunting  by crossbow, is
  amended to read as follows:

    S 17. This act shall take effect October 1, 2010, except that sections
  four and five of this act shall take effect February 1,  2011,  provided
  that any rules or regulations necessary for the timely implementation of
  the provisions of this act on its effective date shall be promulgated on
  or  before  February  1,  2011  and provided further that this act shall
  expire on December 31, [2012] 2014 when upon such date the provisions of
  this act shall be deemed repealed[; provided, however, that  the  amend-
  ments to paragraph a of subdivision 2 of section 11-0907 of the environ-
  mental  conservation  law  made  by  section eleven of this act shall be
  subject to the expiration and reversion of such  paragraph  pursuant  to
  section  13  of  chapter  600 of the laws of 1993, as amended, when upon
  such date the provisions of  section  twelve  of  this  act  shall  take
  effect].
    S 2. Section 12 of chapter 483 of the laws of 2010, amending the envi-
  ronmental conservation law relating to hunting by crossbow is REPEALED.
    S  3. Subdivision 25 of section 11-0103 of the environmental conserva-
  tion law, as amended by chapter 595 of the laws of 1984, is  amended  to
  read as follows:

    25. "Hunting accident" means the injury to or death of a person caused
  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.
                                                             LBD14619-13-2

 S. 7705--A                          2

  causing such injury or death, or the person injured or killed, is taking
  or attempting to take game, wildlife or fish.
    S  4.  Paragraph a of subdivision 1 of section 11-0719 of the environ-
  mental conservation law, as amended by chapter 176 of the laws of  1987,
  is amended to read as follows:

    a.  In  the  circumstances described in paragraph b the department may
  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
  defined  in  section  11-0701 or issued pursuant to any provision of the
  Fish and Wildlife Law, or it may revoke all of such licenses or  stamps.
  It may also deny such person, for a period not exceeding five years, the
  privilege of obtaining such license or licenses or stamp or stamps or of
  hunting,  trapping  or  fishing,  anywhere  in the state with or without
  license or stamp, except as provided in subdivision 1 of section 11-0707
  or in section 11-0523. It may also require that such person successfully
  complete a department-sponsored course and obtain a certificate of qual-
  ification  in  responsible  hunting,  [responsible]  CROSSBOW   HUNTING,
  bowhunting  or  [responsible]  trapping  practices  before  being issued
  another license.
    S 5. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
  of the environmental conservation law, as amended by chapter 436 of  the
  laws of 2000, is amended to read as follows:

    (4)  is  convicted of an offense involving a violation of subdivisions
  one and two of section 11-0901 of this article  relating  to  taking  of
  wildlife  when  the person taking is in or on a motor vehicle while such
  motor vehicle is on a public highway or an offense involving a violation
  of subdivision one of section 11-0901 of this article  and  subparagraph
  one  of paragraph a of subdivision four of section 11-0931 of this arti-
  cle relating to taking wildlife when the person taking is  in  or  on  a
  motor  vehicle and discharging a firearm, CROSSBOW, or longbow in such a
  way that the load or arrow passes over a public highway or a part there-
  of or signs an acknowledgment of any such violation for the  purpose  of
  affecting a settlement by civil compromise or by stipulation.
    S  6.  Subdivision 2 of section 11-0719 of the environmental conserva-
  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
  opening paragraph of paragraph a as amended by section 33 of part  F  of
  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
  the  laws  of 1975, paragraph c as amended by chapter 176 of the laws of
  1987, and paragraph d as amended by chapter 595 of the laws of 1984,  is
  amended to read as follows:

    2.  a.  The department may revoke the licenses, tags, and stamps which
  authorize the holder to hunt and/or trap  wildlife,  and  may  deny  the
  privilege  of obtaining such licenses, tags, and stamps and may deny the
  privileges of hunting and/or trapping with or without a license.
    (1) of any person who, while engaged in hunting or trapping,
    (i) causes death or injury to another by discharging a firearm, CROSS-
  BOW, or longbow, or
    (ii) so negligently discharges a firearm, CROSSBOW, or longbow  as  to
  endanger the life or safety of another, or
    (iii)  so  negligently and wantonly discharges a firearm, CROSSBOW, or
  longbow as to destroy or damage public or private property; or
    (2) of any agent of the department authorized to issue certificates of
  qualification in responsible hunting, bowhunting, CROSSBOW  HUNTING,  or
  trapping  practices  who  improperly  issues any such certification to a
  person whom he has not trained, or whom he knows has not  satisfactorily
  completed all of the requirements necessary for such certification.

 S. 7705--A                          3

    b.  Action  by  the  department  resulting  in  the revocation of such
  license or denial of the privilege to hunt and trap as provided in  this
  subdivision  shall  be  only after a hearing held by the department upon
  notice to the offender, at which proof of facts indicating the violation
  is established to the satisfaction of the commissioner or of the hearing
  officer designated by him and concurred in by the commissioner. Provided
  that where a person, while hunting, causes death or injury to any person
  by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
  in his discretion, suspend such person's license or licenses to hunt and
  suspend such person's right to hunt without a license for a period of up
  to sixty days pending a hearing as provided for in this subdivision.
    c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
  death or injury to another, the license or licenses shall be revoked and
  the  privilege  of obtaining any such license and of hunting or of trap-
  ping anywhere in the state with or without a license denied, for a peri-
  od not exceeding ten years, except that no revocation shall be  made  in
  cases  in  which facts established at the hearing indicate to the satis-
  faction of the commissioner that there was no negligence on the part  of
  the  shooter or bowman. In all other cases the license or licenses shall
  be revoked and the privilege of obtaining such license and of hunting or
  of trapping anywhere in the state with or without a license denied for a
  period not exceeding five years. The department may  also  require  that
  the  person causing such death or injury successfully complete a depart-
  ment-sponsored course and  obtain  a  certificate  of  qualification  in
  responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
  being issued another hunting license.
    d. Every person injuring himself, herself or another person in a hunt-
  ing accident, as such term is  defined  in  subdivision  25  of  section
  11-0103  of  this chapter, and the investigating law enforcement officer
  summoned to or arriving at the scene of such accident shall  within  ten
  days  from the occurrence of such accident file a report of the accident
  in writing with the department. Every such  person  or  law  enforcement
  officer  shall  make such other and additional reports as the department
  shall require.  Failure to report such accident as  herein  provided  by
  the person causing injury or to furnish relevant information required by
  the  department  shall  be  a violation and shall constitute grounds for
  suspension or revocation of such person's hunting licenses and denial of
  the privilege of obtaining any such license and of hunting with or with-
  out a license following a hearing or opportunity to be heard.  In  addi-
  tion,  the  department may temporarily suspend the license of the person
  failing to report a hunting accident within the period prescribed herein
  until such report has been filed. In the case  of  a  non-resident,  the
  failure  to  report  an  accident  as  herein  provided shall constitute
  grounds for suspension or revocation of his or her privileges of hunting
  within this state. The report required by this section shall be made  in
  such form and number as the department may prescribe.
    S  7.  Subdivision 3 of section 11-0719 of the environmental conserva-
  tion law, as amended by chapter 25 of the laws of 2011,  is  amended  to
  read as follows:

    3.  A junior hunting license issued to a person who is at least twelve
  and less than sixteen years of age or a junior archery license issued to
  a person who is between the ages of twelve  and  sixteen  years  may  be
  revoked by the department upon proof satisfactory to the department that
  such  person,  while  under  the  age of sixteen, has engaged in hunting
  wildlife with a gun, CROSSBOW, or longbow, in circumstances in  which  a
  license is required, while not accompanied by his or her parent, guardi-

 S. 7705--A                          4

  an  or  other  adult  as provided in section 11-0929 of this article. If
  such license or privilege is revoked the department shall fix the period
  of such revocation, which is not to exceed six years. The department may
  require  that  such  person successfully complete a department sponsored
  course and obtain a certificate of qualification in responsible hunting,
  CROSSBOW HUNTING, or [responsible]  bowhunting  practices  before  being
  issued another hunting or bowhunting license.
    S  8.  The only junior hunter days for big game hunting the department
  of environmental conservation may authorize during archery  seasons  are
  junior archery days.
    S  9.  This  act  shall take effect immediately; provided however that
  sections three, four, five, six, and seven of this act shall take effect
  on the ninetieth day after it shall have become a law.