Bill Text: NY S05434 | 2015-2016 | General Assembly | Introduced
Bill Title: Relates to lowering the age for universal hunting licenses from 14 years old to 12 years old.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2016-06-17 - COMMITTED TO RULES [S05434 Detail]
Download: New_York-2015-S05434-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 5434 2015-2016 Regular Sessions I N S E N A T E May 14, 2015 ___________ Introduced by Sen. GRIFFO -- 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 S 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. 23 S 3. Subdivisions 1 and 2 of section 11-0929 of the environmental 24 conservation law, subdivision 1 as amended by section 20 of part EE of EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10722-01-5 S. 5434 2 1 chapter 55 of the laws of 2014, subdivision 2 as amended by section 13 2 of part R of chapter 58 of the laws of 2013, paragraph a and the opening 3 paragraph of paragraph b of subdivision 2 as amended by section 11 of 4 part EE of chapter 55 of the laws of 2014, are amended to read as 5 follows: 6 1. A licensee who is twelve or thirteen years of age shall not hunt 7 wildlife with a gun or a longbow unless he or she is accompanied by his 8 or her parent or legal guardian, or by a person twenty-one years of age 9 or older designated in writing by his or her parent or legal guardian on 10 a form prescribed by the department, who holds a hunting license. [A 11 licensee who is twelve or thirteen years of age shall not hunt with a 12 crossbow.] 13 2. A licensee who is fourteen or fifteen years of age shall not[: 14 a.] hunt wildlife with a gun, crossbow or longbow, other than wild 15 deer or bear as provided in [paragraph b] SUBDIVISION THREE of this 16 [subdivision] SECTION, unless he or she is accompanied by his or her 17 parent or legal guardian holding a hunting license, or by a person eigh- 18 teen years of age or older, designated in writing by his or her parent 19 or legal guardian, holding such license; 20 [b.] 3. A LICENSEE WHO IS TWELVE, THIRTEEN, FOURTEEN OR FIFTEEN YEARS 21 OF AGE, SHALL NOT hunt wild deer or bear with a crossbow or gun unless: 22 [(1)] A. he or she is accompanied by his or her parent or a legal 23 guardian, or a youth mentor who is twenty-one years of age or older 24 designated in writing by the parent or legal guardian of the licensee on 25 a form prescribed by the department; and 26 [(2)] B. such parent, guardian or youth mentor has had at least three 27 years of experience in hunting big game; and 28 [(3)] C. such parent, guardian or youth mentor holds a hunting 29 license; and 30 [(4)] D. such parent, guardian or youth mentor maintains physical 31 control over the minor he or she is accompanying at all times while 32 hunting; and 33 [(5)] E. such parent, guardian or youth mentor and the minor he or she 34 is accompanying remain at ground level at all times while hunting; and 35 [(6)] F. such parent, guardian or youth mentor and the minor he or she 36 is accompanying shall each display either a minimum total of two hundred 37 fifty square inches of solid fluorescent orange or patterned fluorescent 38 orange consisting of no less than fifty percent fluorescent orange mate- 39 rial worn above the waist and visible from all directions, or a hat or 40 cap with no less than fifty percent of the exterior consisting of solid 41 fluorescent orange material and visible from all directions. For 42 purposes of this paragraph, "physical control" shall mean that the phys- 43 ical proximity of the minor to the parent, guardian or youth mentor is 44 such that the parent, guardian or youth mentor is reasonably able to 45 issue verbal directions and instructions, maintain constant visual 46 contact, and otherwise provide guidance and supervision to the minor. 47 S 4. Paragraph a of subdivision 1 of section 11-0701 of the environ- 48 mental conservation law, as amended by section 21 of part EE of chapter 49 55 of the laws of 2014, is amended to read as follows: 50 a. entitles a holder who is twelve or thirteen years of age to hunt 51 wildlife, [except big game,] as provided in title 9 of this article 52 subject, specifically, to the provisions of section 11-0929 of this 53 article. It entitles such holder to possess firearms as provided in 54 section 265.05 of the penal law. [A holder who is twelve or thirteen 55 years of age shall not hunt with a crossbow.] S. 5434 3 1 S 5. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901 2 of the environmental conservation law, as amended by section 19 of part 3 EE of chapter 55 of the laws of 2014, is amended to read as follows: 4 (3) crossbows may be used but only by licensees who are [fourteen] 5 TWELVE years of age or older. 6 S 6. Section 11-0933 of the environmental conservation law, as added 7 by section 22 of part EE of chapter 55 of the laws of 2014, is amended 8 to read as follows: 9 S 11-0933. Taking small game by crossbow. 10 Notwithstanding any provision of this chapter, or any prior notwith- 11 standing language in this article, the department may, by regulation, 12 authorize the taking of small game and wild upland game birds by the use 13 of a crossbow by any licensed person [fourteen] TWELVE years of age or 14 older, in any small game season, in any area designated in items (a), 15 (b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision 16 two of section 11-0907 of this title in which a shotgun or muzzle loader 17 is permitted. 18 S 7. This act shall take effect immediately.