NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3471
SPONSOR: Zebrowski TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
decreasing the amount of alcohol in a person's system necessary to be
considered to be intoxicated while hunting
PURPOSE OR GENERAL IDEA OF BILL:
This bill would make the blood alcohol content (BAC) level that defines
an "intoxicated condition" consistent with the level used in New York's
"driving while intoxicated" and "boating while intoxicated" laws.
SUMMARY OF SPECIFIC PROVISIONS:
Bill § 1 amends subdivision 2 of § 11-1201 of the Environmental Conser-
vation Law by changing the BAC level that define "intoxicated condition"
from .10 of one per centum or more to .08 of one per centum or more.
Bill § 2 amends § 11-1207 to provide that evidence that there was less
than to .08 of one per centum by weight of alcohol in a person's blood
is prima facie evidence only that such person was not in an intoxicated
condition. That standard is also currently a BAC level of less than .10
of one per centum.
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:
This bill would lower the BAC level at which an individual is deemed to
be hunting while intoxicated from .10% to .08i to conform it to current
state laws on driving and boating while intoxicated.
JUSTIFICATION:
Since 2002 New York law has provided that a driver with a BAC level of
provisions of the Navigation Law were amended to conform to this stand-
ard. These changes were based in part on studies which determined that
this level of alcohol in an individual's bloodstream can result in
substantially impaired motor skills, perception and judgment. These are
also critical skills used in hunting.
Several other states have amended their laws in recent years to set a
include Maine, Minnesota, New Hampshire and West Virginia. This year
Georgia has enacted a law lowering the BAC level representing intoxica-
tion for boating and hunting to .08. Connecticut and Pennsylvania also
have legislation pending that would lower the legal BAC limit for hunt-
ing to .08.
An individual who is too intoxicated to drive a car or pilot a boat is
also unfit to engage in hunting and the increased risk is not only to
the hunter, but to everyone else in the field. This bill would ensure a
consistent standard for intoxication in state law.
PRIOR LEGISLATIVE HISTORY:
A.1525 of 2017-18, A. 1657 of 2015-2016 A7580 of 2013-2014.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
First day of September after having become a law.
STATE OF NEW YORK
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3471
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
___________
Introduced by M. of A. ZEBROWSKI, BUCHWALD -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
decreasing the amount of alcohol in a person's system necessary to be
considered to be intoxicated while hunting
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 11-1201 of the environmental
2 conservation law, as added by chapter 726 of the laws of 1977, is
3 amended to read as follows:
4 2. "Intoxicated condition" shall mean the presence of [.10] .08 of one
5 per centum or more by weight of alcohol in a person's blood as shown by
6 chemical analyses of his blood, breath, urine, or saliva made pursuant
7 to section 11-1205 of this title. An "impaired condition" shall mean a
8 state of impairment of a person's capacity to think or act correctly, or
9 of a loss, even in part of a person's control of his physical or mental
10 faculties due to his consumption of alcohol or use of a drug.
11 § 2. Section 11-1207 of the environmental conservation law, as added
12 by chapter 726 of the laws of 1977, is amended to read as follows:
13 § 11-1207. Evidence admitted in court.
14 Upon the trial of any action or proceeding arising out of conduct
15 alleged to have been committed by any person arrested for a violation of
16 any subdivision of section 11-1203 of this title, the court shall admit
17 evidence of the amount of alcohol or drugs in the defendant's blood as
18 shown by a test administered pursuant to the provisions of section
19 11-1205 of this title. Evidence that there was five-hundredths of one
20 per centum or less by weight of alcohol in such person's blood is prima
21 facie evidence that the ability of such person to engage in hunting
22 without creating unreasonable risk of injury or death to himself or
23 other human life was not impaired by the consumption of alcohol.
24 Evidence that there was less than [one-tenth] eight one-hundredths of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01590-01-9
A. 3471 2
1 one per centum by weight of alcohol in such person's blood is prima
2 facie evidence only that such person was not in an intoxicated condition
3 due to the consumption of alcohol.
4 § 3. This act shall take effect on the first of September next
5 succeeding the date on which it shall have become a law.
