NY State Senate Bill 2015-S7005

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
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Delivered to Governor
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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 15, 2016	referred to environmental conservation

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2015-S7005 (ACTIVE) - Details

See Assembly Version of this Bill:: A9623
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-0701, 11-0703, 11-0901, 11-0903, 11-0929, 11-0931 & 11-0933, rpld §11-0713 sub 6, §11-0901 sub 3 ¶c sub¶ 3, subs 11 & 16, §11-0929 sub 2 ¶b sub¶ 5, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1386, A479
2019-2020: S538, A3677
2021-2022: S1721, A238
2023-2024: S73, A2631

2015-S7005 (ACTIVE) - Summary

Authorizes the taking of wildlife by the use of a crossbow; makes related provisions.

2015-S7005 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7005

 TITLE OF BILL :

An act to amend the environmental conservation law, in relation to
crossbows; and to repeal certain provisions of such law relating
thereto

 PURPOSE :

To clarify that the taking of deer, bear, small game, fish and wild
upland game birds by crossbow is akin to the taking of such game by a
longbow; removes restrictions related to the maximum peak draw weight
and minimum limb width; establishes parity in relation to the minimum
distance with which a crossbow could be discharged from an occupied
structure consistent with that of a longbow; clarifies use of a
crossbow in relation to the hunter safety course be presented as part
of the bow hunter education course; and permits the use of a crossbow
by youth hunters 12 and 13 years of age.

 SUMMARY OF PROVISIONS :

Section 1 - amends ECL 11-0701 to permit the taking of fish by
crossbow; removes language prohibiting the use of a crossbow by 12 and
13 year olds in relation to the holder of a hunting license with a bow
hunting privilege; codifies that a crossbow be included within the bow

hunting privilege on a hunting license which authorizes the taking of
wild deer or bear; permits a non-resident to hunt bear with a crossbow
so long as the non-resident holder also possesses a hunting license
with a bow hunting privilege; removes the term crossbow from language
governing a muzzle-loading privilege.

Section 2 - amends ECL 11-0703 to codify that the hunting of deer and
bear by crossbow be included with long bows regarding the special
archery season.

Section 3 - repeals ECL 11-0713 subdivision 6 which requires training
in the safe use of hunting with a crossbow as part of the basic hunter
education course for new hunters.

Sections 4 and 5 - amends ECL 11-0901 to permit the use of crossbows
to take wild game and wild upland birds and remove the provision that
crossbows may be used only by those 14 years of age and older.

Sections 6 and 7 - amends ECL 11-0901 to remove the maximum peak draw
weight requirement of 200 pounds in relation to the use of a crossbow
and the minimum limb width of such crossbow to be seventeen inches for
both the taking of deer and bear.  Further codifies the taking of deer
and bear with a crossbow within the provision related to the
possession of a bow hunting privilege.

Section 8 - repeals ECL 11-0901 subdivisions 11 and 16 restricting the
carrying of a longbow afield which is equipped with a mechanical
device used to draw, hold or release the bow string or arrow and the
issuance of a permit to take big game or small game by use of crossbow
equipped with an apparatus which releases the bowstring by means of
such person's breath, respectively.

Section 9 - amends ECL 11-0903 to permit DEC to promulgate regulations
on the taking of wildlife by the use of a crossbow. The summary of
such regulations must be published annually in the hunting syllabus.

Section 10 - amends ECL 11-0929 to permit 12 and 13 year olds to hunt
with a crossbow so long as they are supervised by a parent or legal
guardian, or by a person 21 years of age or older who is designated by
the parent or guardian and holds a hunting license.
Section 11 - amends ECL 11-0929 removes the provision that the minor
hunter and his or her chaperone remain at ground level while hunting.

Section 12 - amends ECL 11-0931 to reduce, in relation to the
discharge of a crossbow in proximity to a dwelling or generally
occupied structure, from 200 feet to 150 feet.

Section 13 - amends ECL 11-0933 to permit the use of a crossbow, for
the taking of small game and wild upland game birds, to include any
licensed person ages 12 and older. Makes a technical change to remove
references to the use of a crossbow in areas where shotgun or muzzle
loaders are permitted.

Section 14 - sets forth an immediate effective date.

 JUSTIFICATION :

Crossbow hunting in New York State has proven to be a safe and
effective option for many hunters since their use was first authorized
in 2014. Unfortunately, for crossbow users the hunting season has been
adversely impacted due to the current statutory restrictions which do
not recognize the correlation of the crossbow with that of
conventional bows.

The crossbow contains limbs and strings which are used to propel an
arrow, the same as that of a compound bow and long bow. Importantly,
the Federal government, via the Internal Revenue Service, has
classified crossbows, accessories attached to them and their arrows as
archery equipment subject to the archery excise tax.

This legislation rightfully identifies hunters' use of a crossbow to
be in sync with the privileges afforded to those which hunt with a
conventional bow, thereby providing for additional hunting
opportunities which will ultimately help properly manage wildlife
populations and stimulate the economy of our great State.

 LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2015-S7005 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7005

                            I N  S E N A T E

                             March 15, 2016
                               ___________

Introduced  by Sen. GALLIVAN -- 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
  crossbows; and to repeal certain provisions of such law relating ther-
  eto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph a of subdivision  1,  the  closing  paragraph  of
paragraph  a  of  subdivision  2,  paragraphs  1 and 2 of subdivision 3,
subdivision 5 and subdivision 9 of section 11-0701 of the  environmental
conservation  law, paragraph a of subdivision 1 as amended by section 21
and subdivision 9 as amended by section 17 of part EE of chapter  55  of
the laws of 2014, the closing paragraph of paragraph a of subdivision 2,
paragraphs  1  and  2  of  subdivision 3 and subdivision 5 as amended by
section 1-a of part R of chapter 58 of the laws of 2013, are amended  to
read as follows:
  a.  entitles  a  holder who is twelve or thirteen years of age to hunt
wildlife, except big game, as  provided  in  title  9  of  this  article
subject,  specifically,  to  the  provisions  of section 11-0929 of this
article. It entitles such holder to  possess  firearms  as  provided  in
section  265.05  of  the  penal law. [A holder who is twelve or thirteen
years of age shall not hunt with a crossbow.]
  A holder may take fish with a  longbow  OR  CROSSBOW  as  provided  in
titles 9 and 13 of this article.
  (1)  who  is between the ages of twelve and sixteen years to hunt wild
deer and bear with a longbow OR  CROSSBOW  during  the  special  archery
season  and  during  the  regular season, as provided in title 9 of this
article, subject to the provisions of section 11-0929 and subdivision  3
of section 11-0713 of this article;
  (2)  who  is eighteen years of age or older to hunt wild deer and bear
with a longbow OR CROSSBOW, as provided in title 9 of this article, in a
special [longbow] ARCHERY season; and
  5. A non-resident bear tag entitles a person who has not been a  resi-
dent of the state for more than thirty days who also possesses a hunting

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

                                                           LBD14563-04-6

S. 7005                             2

license  to  hunt  bear during the regular open season therefor or in an
open season fixed by regulation pursuant to subdivision eight of section
11-0903 of this article. It entitles  a  non-resident  holder  who  also
possesses  a hunting license with bowhunting privilege to hunt bear with
a longbow OR CROSSBOW during the open bear season. It entitles a non-re-
sident holder who also possesses a hunting license  with  muzzle-loading
privilege to hunt bear with a muzzleloader during the open bear season.
  9. A muzzle-loading privilege when included on a hunting license enti-
tles  a  holder  who is fourteen years of age or older to hunt wild deer
and bear with a muzzle-loading firearm [or  crossbow],  as  provided  in
title 9 of this article, in a special muzzle-loading firearm season.
  S  2.  Paragraph b of subdivision 6 of section 11-0703 of the environ-
mental conservation law, as amended by section 2 of part R of chapter 58
of the laws of 2013, is amended to read as follows:
  b. Except as provided in section 11-0707 and section 11-0709  of  this
title,  no  person  shall  (1) hunt wild deer or bear unless such person
holds and is entitled to exercise the privileges of a  hunting  license,
and  meets  the requirements of this article; (2) hunt wild deer or bear
with a longbow OR CROSSBOW in a special [longbow] ARCHERY season  unless
such  person holds and is entitled to exercise the privileges of a hunt-
ing license with a bowhunting privilege and meets  the  requirements  of
this  article;  or  (3)  hunt  wild  deer  or bear with a muzzle-loading
firearm in a special muzzle-loading firearm season unless such person is
at least fourteen years old and holds a hunting license with  a  muzzle-
loading privilege and meets the requirements of this article.
  S  3.  Subdivision 6 of section 11-0713 of the environmental conserva-
tion law is REPEALED.
  S 4. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
of the environmental conservation law is REPEALED.
  S 5. Paragraph c of subdivision 3 of section 11-0901 of  the  environ-
mental  conservation law, as amended by section 19 of part EE of chapter
55 of the laws of 2014, is amended to read as follows:
  c. Wild small game and wild upland game birds shall be taken  only  by
longbow,  CROSSBOW or gun, or by the use of raptors as provided in title
10 of this article, except that:
  (1) skunk, raccoon, bobcat, coyote, fox, mink and muskrat may be taken
in any manner not prohibited in this section or in title 11 of the  Fish
and Wildlife Law; AND
  (2)  frogs  may also be taken by spearing, catching with the hands, or
by the use of a club or hook[; and].
  S 6. Subparagraph 9 of paragraph b and subparagraph 9 of  paragraph  c
of  subdivision  4  of section 11-0901 of the environmental conservation
law, subparagraph 9 of paragraph b as added by section  6  and  subpara-
graph 9 of paragraph c as added by section 7 of part EE of chapter 55 of
the laws of 2014, are amended to read as follows:
  (9)  with  a  crossbow unless such crossbow shall consist of a bow and
string, either compound or recurve, that  launches  a  minimum  fourteen
inch  [bolt]  ARROW,  not  including  point, mounted upon a stock with a
trigger that holds the string and limbs under  tension  until  released.
The trigger unit of such crossbow must have a working safety. The [mini-
mum limb width of such crossbow shall be seventeen inches, have a] mini-
mum  peak  draw  weight  [of] SHALL BE one hundred pounds [and a maximum
peak draw weight of two hundred pounds]. The minimum overall  length  of
such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
inches.

S. 7005                             3

  (9) with a crossbow unless such crossbow shall consist of  a  bow  and
string,  either  compound  or  recurve, that launches a minimum fourteen
inch [bolt] ARROW, not including point, mounted  upon  a  stock  with  a
trigger  that  holds  the string and limbs under tension until released.
The trigger unit of such crossbow must have a working safety. The [mini-
mum limb width of such crossbow shall be seventeen inches, have a] mini-
mum  peak  draw  weight  [of] SHALL BE one hundred pounds [and a maximum
peak draw weight of two hundred pounds]. The minimum overall  length  of
such  crossbow  from  buttstock  to  front of limbs shall be twenty-four
inches.
  S 7. Subdivision 13 of section 11-0901 of the environmental  conserva-
tion  law,  as amended by section 23 of part R of chapter 58 of the laws
of 2013, is amended to read as follows:
  13. Persons engaged in hunting deer and/or bear with a  longbow  OR  A
CROSSBOW  must possess a current bowhunting privilege or a valid certif-
icate of qualification in responsible  bowhunting  practices  issued  or
honored by the department.
  S  8.  Subdivisions  11 and 16 of section 11-0901 of the environmental
conservation law are REPEALED.
  S 9. Section 11-0903 of the environmental conservation law is  amended
by adding a new subdivision 12 to read as follows:
  12.  NOTWITHSTANDING  ANY  INCONSISTENT PROVISION OF THIS ARTICLE, THE
DEPARTMENT IS AUTHORIZED TO ADOPT REGULATIONS WHICH AUTHORIZE THE TAKING
OF WILDLIFE BY THE USE OF CROSSBOW. A  SUMMARY  OF  REGULATIONS  ADOPTED
PURSUANT TO THIS SUBDIVISION SHALL BE PUBLISHED EACH YEAR IN THE HUNTING
SYLLABUS ISSUED PURSUANT TO SECTION 11-0323 OF THIS ARTICLE.
  S  10. Subdivision 1 of section 11-0929 of the environmental conserva-
tion law, as amended by section 20 of part EE of chapter 55 of the  laws
of 2014, is amended to read as follows:
  1.  A  licensee  who is twelve or thirteen years of age shall not hunt
wildlife with a gun, CROSSBOW or a longbow unless he or she is  accompa-
nied  by  his or her parent or legal guardian, or by a person twenty-one
years of age or older designated in writing by  his  or  her  parent  or
legal guardian on a form prescribed by the department, who holds a hunt-
ing  license.  [A  licensee who is twelve or thirteen years of age shall
not hunt with a crossbow.]
  S 11. Subparagraph 5 of  paragraph  b  of  subdivision  2  of  section
11-0929  of the environmental conservation law is  REPEALED and subpara-
graph 6 is renumbered subparagraph 5.
  S 12. Subparagraph 2 of paragraph a and subparagraph 1 of paragraph  b
of  subdivision  4  of section 11-0931 of the environmental conservation
law, as amended by section 8 of part EE of chapter 55  of  the  laws  of
2014, are amended to read as follows:
  (2)  discharge  a  firearm within five hundred feet, a long bow within
one hundred fifty feet, or a crossbow within  [two]  ONE  hundred  fifty
feet  from  a  dwelling  house, farm building or farm structure actually
occupied or used, school building, school playground, public  structure,
or occupied factory or church;
  (1) The owner or lessee of the dwelling house, or members of his imme-
diate  family  actually  residing therein, or a person in his employ, or
the guest of the owner or lessee of the dwelling house acting  with  the
consent  of  said owner or lessee, provided however, that nothing herein
shall be deemed to authorize such persons to discharge a firearm  within
five hundred feet, a long bow within one hundred fifty feet, or a cross-
bow  within [two] ONE hundred fifty feet of any other dwelling house, or

S. 7005                             4

a farm building or farm structure actually occupied or used, or a school
building or playground, public structure, or occupied factory or church;
  S  13. Section 11-0933 of the environmental conservation law, as added
by section 22 of part EE of chapter 55 of the laws of 2014,  is  amended
to read as follows:
S 11-0933. Taking small game by crossbow.
  Notwithstanding  any  provision of this chapter, or any prior notwith-
standing language in this article, the department  may,  by  regulation,
authorize the taking of small game and wild upland game birds by the use
of  a  crossbow by any licensed person [fourteen] TWELVE years of age or
older, in any small game season[, in any area designated in  items  (a),
(b), (c), (d), (e), (f), (i), (k), and (l) of paragraph a of subdivision
two of section 11-0907 of this title in which a shotgun or muzzle loader
is permitted].
  S 14. This act shall take effect immediately.

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Senate Bill S7005

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2015-S7005 (ACTIVE) - Details

2015-S7005 (ACTIVE) - Summary

2015-S7005 (ACTIVE) - Sponsor Memo

2015-S7005 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7005

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Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

co-Sponsors

2015-S7005 (ACTIVE) - Details

2015-S7005 (ACTIVE) - Summary

2015-S7005 (ACTIVE) - Sponsor Memo

2015-S7005 (ACTIVE) - Bill Text download pdf

Comments