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A00058 Summary:

BILL NOA00058
 
SAME ASSAME AS S02268
 
SPONSORGunther
 
COSPNSRDiPietro, Miller B, Brabenec, Hawley
 
MLTSPNSR
 
Amd 11-0705, rpld 71-0923 sub 3, En Con L
 
Eliminates the requirement that hunters wear back tags during hunting season in the state.
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A00058 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A58
 
SPONSOR: Gunther
  TITLE OF BILL: An act to amend the environmental conservation law, in relation to elim- inating the requirement that hunters wear back tags during hunting season in the state; and to repeal certain provisions of such law relat- ing thereto   PURPOSE: To no longer require hunters to display back tags while hunting.   SUMMARY OF PROVISIONS: Section 1. Removes the requirement to display back tags on one's outer garment when legally hunting. Section 2. Repeals the penalty provision for not displaying back tags. Section 3. Establishes effective date.   JUSTIFICATION: This legislation would eliminate the use of back tags in New York. Currently, back tags are not required to be worn while hunting in the Northern zone and Catskill Park in New York, which comprise almost 50% of New York's land mass. This bill would simplify the existing regu- lations by eliminating confusion along the border areas of today's back tag and no back tag areas. There are currently 48 other states that do not require the wearing of back tags.   LEGISLATIVE HISTORY: 2019-20: A2049 referred to Environmental Conservation/S1363 referred to Environmental Conservation 2017-18: A619 referred to Environmental Conservation/52923 referred to Environmental Conservation 2016: A10505 referred to Environmental Conservation/S92A passed Senate   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
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A00058 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           58
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M.  of A. GUNTHER, DiPIETRO, B. MILLER, BRABENEC -- read
          once and referred to the Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation to elim-
          inating the requirement that hunters wear  back  tags  during  hunting
          season  in  the  state;  and  to repeal certain provisions of such law
          relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section 11-0705 of the environmental conservation law, as
     2  amended by section 21 of part R of chapter 58 of the laws  of  2013,  is
     3  amended to read as follows:
     4  § 11-0705. Failure  to  carry  license, tag or bowhunting and/or muzzle-
     5               loading privileges.
     6    1. a. The holder of a license, tag, bowhunting  privilege  or  muzzle-
     7  loading privilege defined in section 11-0701 of this title shall:
     8    (1)  have  such license, tag or privilege on the holder's person while
     9  exercising any privilege of that license stated in  section  11-0701  of
    10  this  title,  or  while  assisting or accompanying a minor in hunting as
    11  provided in section 11-0929 of this article, and
    12    (2) shall exhibit it on demand to any police officer, peace officer or
    13  owner, lessee or person in control of the lands or waters or the  desig-
    14  nees of the owner, lessee or person in control of the lands or waters on
    15  which the license holder is present.
    16    2. [a. Holders of a hunting license while exercising the privileges of
    17  such license, shall have the back tag issued with their license attached
    18  to  and displayed on the back of the outer garment between the shoulders
    19  in such manner that all figures are plainly visible at all times.
    20    b. The license tag for the current year only shall be displayed.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02435-01-1

        A. 58                               2

     1    c. Notwithstanding the provisions of paragraphs a and b of this subdi-
     2  vision, a license holder shall not be required to display  such  license
     3  tag in the Northern Zone or the Catskill Park.
     4    3.] Failure of a licensee to have the holder's license, tag or license
     5  with  bowhunting  and/or muzzle-loading privilege included, on the hold-
     6  er's person while hunting, fishing or trapping, is presumptive  evidence
     7  that  the  holder  is  hunting, fishing or trapping, as the case may be,
     8  without holding the license, tag or license and  bowhunting  or  muzzle-
     9  loading  privilege  required by subdivision 6 of section 11-0703 of this
    10  title.
    11    § 2. Subdivision 3 of section 71-0923 of the  environmental  conserva-
    12  tion law is REPEALED.
    13    § 3. This act shall take effect immediately.
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