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S04119 Summary:

BILL NOS04119
 
SAME ASSAME AS A03216
 
SPONSORGRIFFO
 
COSPNSRAKSHAR, GALLIVAN, HELMING, JORDAN, O'MARA, ORTT, RITCHIE
 
MLTSPNSR
 
Amd §§11-0713, 11-0703, 11-0929, 11-0701, 11-0901 & 11-0933, En Con L
 
Relates to lowering the age for universal hunting licenses from 14 years old to 12 years old.
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S04119 Actions:

BILL NOS04119
 
02/02/2021REFERRED TO ENVIRONMENTAL CONSERVATION
01/05/2022REFERRED TO ENVIRONMENTAL CONSERVATION
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S04119 Memo:

Memo not available
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S04119 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4119
 
                               2021-2022 Regular Sessions
 
                    IN SENATE
 
                                    February 2, 2021
                                       ___________
 
        Introduced  by  Sens. GRIFFO, AKSHAR, GALLIVAN, HELMING, JORDAN, O'MARA,
          ORTT, RITCHIE -- 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
          lowering the age for universal hunting licenses  from  fourteen  years
          old to twelve years old
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraph 3 of paragraph b of subdivision 3  of  section
     2  11-0713  of  the environmental conservation law, as amended by section 3
     3  of part R of chapter 58 of the laws of  2013,  is  amended  to  read  as
     4  follows:
     5    (3)  The issuing officer shall not issue a muzzle-loading privilege to
     6  any person unless the applicant presents a  hunting  license  issued  to
     7  that  person  for  the  corresponding license year and such person is at
     8  least [fourteen] twelve years old.
     9    § 2. Paragraph b of subdivision 6 of section 11-0703 of  the  environ-
    10  mental conservation law, as amended by section 2 of part R of chapter 58
    11  of the laws of 2013, is amended to read as follows:
    12    b.  Except  as provided in section 11-0707 and section 11-0709 of this
    13  title, no person shall (1) hunt wild deer or  bear  unless  such  person
    14  holds  and  is entitled to exercise the privileges of a hunting license,
    15  and meets the requirements of this article; (2) hunt wild deer  or  bear
    16  with  a longbow in a special longbow season unless such person holds and
    17  is entitled to exercise the privileges  of  a  hunting  license  with  a
    18  bowhunting  privilege and meets the requirements of this article; or (3)
    19  hunt wild deer or bear  with  a  muzzle-loading  firearm  in  a  special
    20  muzzle-loading  firearm season unless such person is at least [fourteen]
    21  twelve years old and holds a hunting license with a muzzle-loading priv-
    22  ilege and meets the requirements of this article.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02915-01-1

        S. 4119                             2
 
     1    § 3. Subdivisions 1 and 2 of  section  11-0929  of  the  environmental
     2  conservation  law,  subdivision 1 as amended by section 20 of part EE of
     3  chapter 55 of the laws of 2014, subdivision 2 as amended by  section  13
     4  of part R of chapter 58 of the laws of 2013, paragraph a and the opening
     5  paragraph  of  paragraph  b of subdivision 2 as amended by section 11 of
     6  part EE of chapter 55 of the laws of 2014, subparagraph 6 of paragraph b
     7  of subdivision 2 as amended by chapter 192 of  the  laws  of  2016,  are
     8  amended to read as follows:
     9    1.  A  licensee  who is twelve or thirteen years of age shall not hunt
    10  wildlife with a gun or a longbow unless he or she is accompanied by  his
    11  or  her parent or legal guardian, or by a person twenty-one years of age
    12  or older designated in writing by his or her parent or legal guardian on
    13  a form prescribed by the department, who holds  a  hunting  license.  [A
    14  licensee  who  is  twelve or thirteen years of age shall not hunt with a
    15  crossbow.]
    16    2. A licensee who is fourteen or fifteen years of age shall not[:
    17    a.] hunt wildlife with a gun, crossbow or  longbow,  other  than  wild
    18  deer  or  bear  as  provided  in [paragraph b] subdivision three of this
    19  [subdivision] section, unless he or she is accompanied  by  his  or  her
    20  parent or legal guardian holding a hunting license, or by a person eigh-
    21  teen  years  of age or older, designated in writing by his or her parent
    22  or legal guardian, holding such license;
    23    [b.] 3. a licensee who is twelve, thirteen, fourteen or fifteen  years
    24  of age, shall not hunt wild deer or bear with a crossbow or gun unless:
    25    [(1)]  a.  he  or  she  is accompanied by his or her parent or a legal
    26  guardian, or a youth mentor who is twenty-one  years  of  age  or  older
    27  designated in writing by the parent or legal guardian of the licensee on
    28  a form prescribed by the department; and
    29    [(2)]  b. such parent, guardian or youth mentor has had at least three
    30  years of experience in hunting big game; and
    31    [(3)] c. such  parent,  guardian  or  youth  mentor  holds  a  hunting
    32  license; and
    33    [(4)]  d.  such  parent,  guardian  or youth mentor maintains physical
    34  control over the minor he or she is  accompanying  at  all  times  while
    35  hunting; and
    36    [(5)] e. such parent, guardian or youth mentor and the minor he or she
    37  is accompanying remain at ground level at all times while hunting; and
    38    [(6)] f. such parent, guardian or youth mentor and the minor he or she
    39  is accompanying shall each display either a minimum total of two hundred
    40  fifty  square  inches  of  solid fluorescent orange or pink or patterned
    41  fluorescent orange or pink consisting of  no  less  than  fifty  percent
    42  fluorescent  orange  or  pink  material worn above the waist and visible
    43  from all directions, or a hat or cap with no less than fifty percent  of
    44  the exterior consisting of solid fluorescent orange or pink material and
    45  visible  from  all directions. For purposes of this [paragraph] subdivi-
    46  sion, "physical control" shall mean that the physical proximity  of  the
    47  minor  to  the parent, guardian or youth mentor is such that the parent,
    48  guardian or youth mentor is reasonably able to issue  verbal  directions
    49  and  instructions,  maintain  constant  visual  contact,  and  otherwise
    50  provide guidance and supervision to the minor.
    51    § 4. Paragraph a of subdivision 1 of section 11-0701 of  the  environ-
    52  mental  conservation law, as amended by section 21 of part EE of chapter
    53  55 of the laws of 2014, is amended to read as follows:
    54    a. entitles a holder who is twelve or thirteen years of  age  to  hunt
    55  wildlife,  [except  big  game,]  as  provided in title 9 of this article
    56  subject, specifically, to the provisions  of  section  11-0929  of  this

        S. 4119                             3
 
     1  article.  It  entitles  such  holder  to possess firearms as provided in
     2  section 265.05 of the penal law. [A holder who  is  twelve  or  thirteen
     3  years of age shall not hunt with a crossbow.]
     4    § 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
     5  of  the environmental conservation law, as amended by section 19 of part
     6  EE of chapter 55 of the laws of 2014, is amended to read as follows:
     7    (3) crossbows may be used but only by  licensees  who  are  [fourteen]
     8  twelve years of age or older.
     9    §  6.  Section 11-0933 of the environmental conservation law, as added
    10  by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
    11  to read as follows:
    12  § 11-0933. Taking small game by crossbow.
    13    Notwithstanding  any  provision of this chapter, or any prior notwith-
    14  standing language in this article, the department  may,  by  regulation,
    15  authorize the taking of small game and wild upland game birds by the use
    16  of  a  crossbow by any licensed person [fourteen] twelve years of age or
    17  older, in any small game season, in any area designated  in  items  (a),
    18  (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
    19  two of section 11-0907 of this title in which a shotgun or muzzle loader
    20  is permitted.
    21    § 7. This act shall take effect immediately.
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