S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1699--A
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by Sens. GALLIVAN, GRIFFO, LANZA, LARKIN, LIBOUS, MARCHIONE,
         MAZIARZ, O'MARA, SEWARD, VALESKY -- read twice  and  ordered  printed,
         and  when  printed  to  be committed to the Committee on Environmental
         Conservation -- committee discharged, bill amended, ordered  reprinted
         as amended and recommitted to said committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         authorizing crossbow hunting in certain regions of the state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivision  25  of  section 11-0103 of the environmental
    2  conservation law, as amended by chapter 595 of  the  laws  of  1984,  is
    3  amended to read as follows:
    4    25. "Hunting accident" means the injury to or death of a person caused
    5  by  the  discharge  of  a firearm, CROSSBOW, or longbow while the person
    6  causing such injury or death, or the person injured or killed, is taking
    7  or attempting to take game, wildlife or fish.
    8    S 2. Section 11-0713 of the environmental conservation law is  amended
    9  by adding a new subdivision 6 to read as follows:
   10    6. THE DEPARTMENT SHALL ADOPT REGULATIONS FOR TRAINING IN THE SAFE USE
   11  OF  HUNTING  WITH  A  CROSSBOW  AND  RESPONSIBLE HUNTING PRACTICES. SUCH
   12  TRAINING SHALL BE INCLUDED IN THE BASIC HUNTER EDUCATION COURSE REQUIRED
   13  OF ALL NEW HUNTERS. UPON COMPLETION OF THE TRAINING BY AN INDIVIDUAL THE
   14  DEPARTMENT SHALL PROVIDE DOCUMENTATION OF THE SUCCESSFUL  COMPLETION  OF
   15  THE COURSE. ALL PERSONS WHO HAVE COMPLETED HUNTER EDUCATION PRIOR TO THE
   16  DATE  WHICH  CROSSBOW  TRAINING  HAS  BEEN  INCORPORATED INTO THE HUNTER
   17  EDUCATION PROGRAM SHALL COMPLETE AN ONLINE  OR  OTHER  TRAINING  PROGRAM
   18  APPROVED  BY  THE DEPARTMENT PRIOR TO USING A CROSSBOW TO HUNT BIG GAME.
   19  THE DEPARTMENT MAY ADOPT RULES AND REGULATIONS AS NECESSARY TO  DOCUMENT
   20  COMPLETION  OF  THIS  PROGRAM  AND  MAY REQUIRE A PERSON TO POSSESS SUCH
   21  PROOF WHILE HUNTING WITH A CROSSBOW.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00023-02-3
       S. 1699--A                          2
    1    S 3. Paragraph a of subdivision 1 of section 11-0719 of  the  environ-
    2  mental  conservation law, as amended by chapter 176 of the laws of 1987,
    3  is amended to read as follows:
    4    a.  In  the  circumstances described in paragraph b the department may
    5  revoke any license or stamp, of any  person,  to  hunt,  fish  or  trap,
    6  defined  in  section 11-0701 or issued pursuant to any provision of [the
    7  Fish and Wildlife Law] THIS ARTICLE,  or  it  may  revoke  all  of  such
    8  licenses  or  stamps.    It  may also deny such person, for a period not
    9  exceeding five  years,  the  privilege  of  obtaining  such  license  or
   10  licenses or stamp or stamps or of hunting, trapping or fishing, anywhere
   11  in  the  state  with  or without license or stamp, except as provided in
   12  subdivision 1 of section 11-0707 or in  section  11-0523.  It  may  also
   13  require  that  such  person successfully complete a department-sponsored
   14  course and obtain a certificate of qualification in responsible hunting,
   15  [responsible] CROSSBOW HUNTING,  bowhunting  or  [responsible]  trapping
   16  practices before being issued another license.
   17    S 4. Subparagraph 4 of paragraph b of subdivision 1 of section 11-0719
   18  of  the environmental conservation law, as amended by chapter 436 of the
   19  laws of 2000, is amended to read as follows:
   20    (4) is convicted of an offense involving a violation  of  subdivisions
   21  one  and  two  of  section 11-0901 of this article relating to taking of
   22  wildlife when the person taking is in or on a motor vehicle  while  such
   23  motor vehicle is on a public highway or an offense involving a violation
   24  of  subdivision  one of section 11-0901 of this article and subparagraph
   25  one of paragraph a of subdivision four of section 11-0931 of this  arti-
   26  cle  relating  to  taking  wildlife when the person taking is in or on a
   27  motor vehicle and discharging a firearm, CROSSBOW, or longbow in such  a
   28  way that the load or arrow passes over a public highway or a part there-
   29  of  or  signs an acknowledgment of any such violation for the purpose of
   30  affecting a settlement by civil compromise or by stipulation.
   31    S 5. Subdivision 2 of section 11-0719 of the  environmental  conserva-
   32  tion law, paragraph a as amended by chapter 119 of the laws of 1999, the
   33  opening  paragraph  of paragraph a as amended by section 33 of part F of
   34  chapter 82 of the laws of 2002, paragraph b as amended by chapter 269 of
   35  the laws of 1975, paragraph c as amended by chapter 176 of the  laws  of
   36  1987  and  paragraph d as amended by chapter 595 of the laws of 1984, is
   37  amended to read as follows:
   38    2. a. The department may revoke the licenses, tags, and  stamps  which
   39  authorize  the  holder  to  hunt  and/or trap wildlife, and may deny the
   40  privilege of obtaining such licenses, tags, and stamps and may deny  the
   41  privileges of hunting and/or trapping with or without a license.
   42    (1) of any person who, while engaged in hunting or trapping,
   43    (i) causes death or injury to another by discharging a firearm, CROSS-
   44  BOW, or longbow, or
   45    (ii)  so  negligently discharges a firearm, CROSSBOW, or longbow as to
   46  endanger the life or safety of another, or
   47    (iii) so negligently and wantonly discharges a firearm,  CROSSBOW,  or
   48  longbow as to destroy or damage public or private property; or
   49    (2) of any agent of the department authorized to issue certificates of
   50  qualification  in  responsible hunting, bowhunting, CROSSBOW HUNTING, or
   51  trapping practices who improperly issues any  such  certification  to  a
   52  person  whom he has not trained, or whom he knows has not satisfactorily
   53  completed all of the requirements necessary for such certification.
   54    b. Action by the  department  resulting  in  the  revocation  of  such
   55  license  or denial of the privilege to hunt and trap as provided in this
   56  subdivision shall be only after a hearing held by  the  department  upon
       S. 1699--A                          3
    1  notice to the offender, at which proof of facts indicating the violation
    2  is established to the satisfaction of the commissioner or of the hearing
    3  officer designated by him and concurred in by the commissioner. Provided
    4  that where a person, while hunting, causes death or injury to any person
    5  by  discharge  of a firearm, CROSSBOW, or longbow, the commissioner may,
    6  in his discretion, suspend such person's license or licenses to hunt and
    7  suspend such person's right to hunt without a license for a period of up
    8  to sixty days pending a hearing as provided for in this subdivision.
    9    c. In case such discharge of a firearm, CROSSBOW,  or  longbow  causes
   10  death or injury to another, the license or licenses shall be revoked and
   11  the  privilege  of obtaining any such license and of hunting or of trap-
   12  ping anywhere in the state with or without a license denied, for a peri-
   13  od not exceeding ten years, except that no revocation shall be  made  in
   14  cases  in  which facts established at the hearing indicate to the satis-
   15  faction of the commissioner that there was no negligence on the part  of
   16  the  shooter or bowman. In all other cases the license or licenses shall
   17  be revoked and the privilege of obtaining such license and of hunting or
   18  of trapping anywhere in the state with or without a license denied for a
   19  period not exceeding five years. The department may  also  require  that
   20  the  person causing such death or injury successfully complete a depart-
   21  ment-sponsored course and  obtain  a  certificate  of  qualification  in
   22  responsible  hunting,  CROSSBOW  HUNTING, or bowhunting practices before
   23  being issued another hunting license.
   24    d. Every person injuring himself, herself or another person in a hunt-
   25  ing accident, as such term is  defined  in  subdivision  25  of  section
   26  11-0103  of  this chapter, and the investigating law enforcement officer
   27  summoned to or arriving at the scene of such accident shall  within  ten
   28  days  from the occurrence of such accident file a report of the accident
   29  in writing with the department. Every such  person  or  law  enforcement
   30  officer  shall  make such other and additional reports as the department
   31  shall require.  Failure to report such accident as  herein  provided  by
   32  the person causing injury or to furnish relevant information required by
   33  the  department  shall  be  a violation and shall constitute grounds for
   34  suspension or revocation of such person's hunting licenses and denial of
   35  the privilege of obtaining any such license and of hunting with or with-
   36  out a license following a hearing or opportunity to be heard.  In  addi-
   37  tion,  the  department may temporarily suspend the license of the person
   38  failing to report a hunting accident within the period prescribed herein
   39  until such report has been filed. In the case  of  a  non-resident,  the
   40  failure  to  report  an  accident  as  herein  provided shall constitute
   41  grounds for suspension or revocation of his or her privileges of hunting
   42  within this state. The report required by this section shall be made  in
   43  such form and number as the department may prescribe.
   44    S  6.  Paragraphs  b  and c of subdivision 4 of section 11-0901 of the
   45  environmental conservation law, as amended by chapter 600 of the laws of
   46  1993, subparagraph 5 of paragraph b and subparagraph 5 of paragraph c as
   47  amended by chapter 430 of the laws of  2000,  are  amended  to  read  as
   48  follows:
   49    b. No person shall hunt deer:
   50    (1) with the aid of a dog, or aircraft of any kind; or
   51    (2) with the aid of a jacklight, spotlight, headlight or other type of
   52  artificial light; or
   53    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
   54    (4)  with  a  shotgun  of less than twenty gauge or loaded with shells
   55  other than shells each carrying a single round ball or  a  single  slug,
   56  provided  however, the use of a shotgun of twenty gauge or larger having
       S. 1699--A                          4
    1  a rifled barrel or a smooth bore barrel  fitted  with  a  rifled  choke,
    2  loaded  with  shells each carrying a single round ball or a single slug,
    3  shall not be prohibited so long as only  shells  having  a  non-metallic
    4  case, except for the base, are used; or
    5    (5)  with [a bow other than] a long bow with a draw weight [in excess]
    6  of LESS THAN thirty-five pounds; or
    7    (6) with an arrow OR BOLT with an arrowhead that  measures  less  than
    8  seven-eighths  of an inch at its widest point or that has fewer than two
    9  sharp cutting edges; or
   10    (7) with the aid of a pre-established bait pile other than those areas
   11  established by standard agricultural production practices; or
   12    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   13    c. No person shall hunt bear:
   14    (1) with the aid of a dog, or aircraft of any kind; or
   15    (2) with the aid of a jacklight, spotlight, headlight or other type of
   16  artificial light; or
   17    (3) with a pistol, revolver or rifle using rim-fire ammunition; or
   18    (4) with a shotgun of less than twenty gauge  or  loaded  with  shells
   19  other  than  shells  each carrying a single round ball or a single slug,
   20  provided however, the use of a shotgun of twenty gauge or larger  having
   21  a  rifled  barrel  or  a  smooth bore barrel fitted with a rifled choke,
   22  loaded with shells each carrying a single round ball or a  single  slug,
   23  shall  not  be  prohibited  so long as only shells having a non-metallic
   24  case, except for the base, are used; or
   25    (5) with [a bow other than] a long bow with a draw weight [in  excess]
   26  of LESS THAN thirty-five pounds; or
   27    (6)  with  an  arrow OR BOLT with an arrowhead that measures less than
   28  seven-eighths of an inch at its widest point or that has fewer than  two
   29  sharp cutting edges; or
   30    (7) with the aid of a pre-established bait pile other than those areas
   31  established by standard agricultural production practices; or
   32    (8) with an arrow OR BOLT with a barbed broadhead arrowhead.
   33    S  7.  Paragraph d of subdivision 4 of section 11-0901 of the environ-
   34  mental conservation law, as amended by chapter 600 of the laws of  1993,
   35  is amended to read as follows:
   36    d.  The  use upon land inhabited by deer or bear of a jacklight, spot-
   37  light or other type of artificial light by  any  person  who  is  or  is
   38  accompanied  by  a person who is in possession, at the time of such use,
   39  of a long bow, a crossbow or firearm of any kind, shall  be  presumptive
   40  evidence  that  such person is hunting deer or bear with the aid of such
   41  light, in violation of this subdivision, unless:
   42    (1) such long bow is unstrung, or such a firearm OR CROSSBOW is  taken
   43  down,  or securely fastened in a case, or locked in the trunk of a vehi-
   44  cle, or
   45    (2) the firearm is a pistol or revolver, or
   46    (3) the firearm is not in or  on  a  motor  vehicle  and  is  a  rifle
   47  designed  or  adapted  for  use  of  rim-fire ammunition and neither the
   48  person in possession of the gun, nor any member of his party, has in his
   49  possession any twenty-two caliber ammunition other than twenty-two cali-
   50  ber rim-fire ammunition, or
   51    (4) the firearm is not in or on a motor vehicle and is a  shotgun  and
   52  neither  the  person  in  possession  of  the gun, nor any member of his
   53  party, has in his possession ammunition other than  shells  loaded  with
   54  scatter shot of size number four or smaller.
   55    S  8. Section 11-0901 of the environmental conservation law is amended
   56  by adding a new subdivision 17 to read as follows:
       S. 1699--A                          5
    1    17. NOTWITHSTANDING ANY INCONSISTENT PROVISION OF  THIS  ARTICLE,  THE
    2  DEPARTMENT  MAY,  BY REGULATION, AUTHORIZE THE TAKING OF WILDLIFE BY THE
    3  USE OF A CROSSBOW BY ANY LICENSED PERSON IN ANY HUNTING SEASON. A SUMMA-
    4  RY  OF  REGULATIONS  ADOPTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
    5  PUBLISHED  EACH  YEAR IN THE HUNTING AND FISHING SYLLABUS OF THE DEPART-
    6  MENT ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
    7    S 9. Subdivision 2 of section 11-0931 of the  environmental  conserva-
    8  tion law, as amended by section 7 of part H of chapter 58 of the laws of
    9  2012, is amended to read as follows:
   10    2. No firearm OR CROSSBOW except a pistol or revolver shall be carried
   11  or  possessed  in  or  on  a  motor vehicle unless it is unloaded, FOR A
   12  FIREARM in both the chamber and  the  magazine,  except  that  a  loaded
   13  firearm which may be legally used for taking migratory game birds may be
   14  carried  or possessed in a motorboat while being legally used in hunting
   15  migratory game birds, and no person except a law enforcement officer  in
   16  the  performance  of  his  official duties shall, while in or on a motor
   17  vehicle, use a jacklight, spotlight or other artificial light upon lands
   18  inhabited by deer if he is in possession or is accompanied by  a  person
   19  who is in possession, at the time of such use, of a longbow, crossbow or
   20  a  firearm  of any kind except a pistol or revolver, unless such longbow
   21  is unstrung or such firearm  OR  CROSSBOW  is  taken  down  or  securely
   22  fastened  in  a case or locked in the trunk of the vehicle. For purposes
   23  of this subdivision, motor vehicle shall mean  every  vehicle  or  other
   24  device  operated  by  any power other than muscle power, and which shall
   25  include but not be limited to automobiles,  trucks,  motorcycles,  trac-
   26  tors,  trailers  and  motorboats, snowmobiles and snowtravelers, whether
   27  operated on or off public highways. Notwithstanding  the  provisions  of
   28  this subdivision, the department may issue a permit to any person who is
   29  non-ambulatory,  except  with  the use of a mechanized aid, to possess a
   30  loaded firearm in or on a motor vehicle  as  defined  in  this  section,
   31  subject to such restrictions as the department may deem necessary in the
   32  interest   of  public  safety.  Nothing  in  this  section  permits  the
   33  possession of a pistol or a revolver contrary to the penal law.
   34    S 10. Subdivision 4 of section 11-0931 of the environmental  conserva-
   35  tion  law,  subparagraph 3 of paragraph a as added by chapter 400 of the
   36  laws of 1973 and subparagraph 4 of paragraph a as added by chapter 67 of
   37  the laws of 1976, is amended to read as follows:
   38    4. a. No person shall:
   39    (1) discharge a firearm, CROSSBOW or long bow in such a  way  as  will
   40  result  in the load, BOLT or arrow thereof passing over a public highway
   41  or any part thereof;
   42    (2) discharge a firearm, CROSSBOW or long bow within five hundred feet
   43  from a dwelling house, farm building or farm structure actually occupied
   44  or used, school building, school  playground,  or  occupied  factory  or
   45  church;
   46    (3) use a firearm, CROSSBOW or a long bow for the hunting of migratory
   47  game  birds  in Larchmont Harbor, specifically those portions bounded by
   48  the following points of land:
   49    BEGINNING AT A POINT KNOWN AS UMBRELLA POINT  ON  THE  EAST  SHORE  OF
   50  LARCHMONT  HARBOR  THEN  PROCEEDING  IN  A  NORTHERLY DIRECTION TO CEDAR
   51  ISLAND; THENCE NORTHWESTERLY TO MONROE INLET;  THENCE  NORTHEASTERLY  TO
   52  DELANCY  COVE BEING IN THE TOWN OF MAMARONECK; THENCE IN A SOUTHWESTERLY
   53  DIRECTION FROM DELANCY COVE TO GREACEN POINT; THENCE  RUNNING  THE  AREA
   54  BETWEEN  DELANCY COVE AND THE WEST SHORE OF SATANS TOE NORTHEAST; THENCE
   55  SOUTHEAST THEN ALONG THE WEST SHORE OF SATANS  TOE  SOUTHWEST  AND  THEN
   56  SOUTH TO THE SOUTHERLY POINT OF SATANS TOE TO EDGEWATER POINT.
       S. 1699--A                          6
    1    (4) Use of a firearm, CROSSBOW or a long bow for the hunting of migra-
    2  tory  game  birds in Udall's Cove, specifically those portions of Little
    3  Neck Bay within Nassau and Queens counties lying east of a line  running
    4  north from the foot of Douglaston Parkway to the shore opposite.
    5    b.  The  prohibitions contained in subparagraph 2 of paragraph a above
    6  shall not apply to:
    7    (1) The owner or lessee of the dwelling house, or members of his imme-
    8  diate family actually residing therein, or a person in  his  employ,  or
    9  the  guest  of the owner or lessee of the dwelling house acting with the
   10  consent of said owner or lessee, provided however, that  nothing  herein
   11  shall be deemed to authorize such persons to discharge a firearm, CROSS-
   12  BOW  or longbow within five hundred feet of any other dwelling house, or
   13  a farm building or farm structure actually occupied or used, or a school
   14  building or playground or occupied factory or church;
   15    (2) Programs conducted by  public  schools  offering  instruction  and
   16  training in the use of firearms, CROSSBOW or long bow;
   17    (3)  The  authorized  use of a pistol, rifle or target range regularly
   18  operated and maintained by a police department or other law  enforcement
   19  agency or by any duly organized membership corporation;
   20    (4) The discharge of a shotgun over water by a person hunting migrato-
   21  ry  game  birds  if  no dwelling house or public structure, livestock or
   22  person is situated in the line of discharge less than five hundred  feet
   23  from the point of discharge.
   24    S  11. Paragraph c of subdivision 5 of section 11-0931 of the environ-
   25  mental conservation law, as amended by chapter 309 of the laws of  2006,
   26  is amended to read as follows:
   27    c.  In  the Northern Zone no person, while engaged in hunting with the
   28  aid of a dog or while afield accompanied by a dog, shall possess a rifle
   29  larger than .22 caliber using rim-fire ammunition or possess  a  shotgun
   30  loaded  with  a  slug, ball or buckshot, OR POSSESS A CROSSBOW; but this
   31  paragraph does not apply to persons, engaged in coyote hunts  with  dogs
   32  during any open season on coyotes established pursuant to the provisions
   33  of section 11-0903.
   34    S 12. This act shall take effect immediately.