NY State Senate Bill 2019-S538

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
- Passed Assembly
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Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to environmental conservation
Jan 09, 2019	referred to environmental conservation

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2019-S538 (ACTIVE) - Details

See Assembly Version of this Bill:: A3677
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, §11-0907 sub 10, §11-0929 sub 2 ¶b sub¶ 5, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S7005, A9623
2017-2018: S1386, A479
2021-2022: S1721, A238
2023-2024: S73, A2631

2019-S538 (ACTIVE) - Summary

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

2019-S538 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S538

SPONSOR: GALLIVAN
 
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 arch-
ery 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 minimum limb width of such crossbow to be seventeen inches for both
the taking of deer and bear. 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 - repeals ECL 11-0907 subdivision 10, which provided for a
limited crossbow season.

Section 11 - 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 12 - amends ECL 11-0929 removes the provision that the minor
hunter and his or her chaperone remain at ground level while hunting.

Section 13 - amends ECL 11-0931 to reduce, in relation to the discharge
of a crossbow in proximity to a dwelling or generally occupied struc-
ture, from 200 feet to 150 feet.

Section 14 - 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 15 - 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 recog-
nize 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 conven-
tional 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:

2017-18: S.1386a/A.479a Advanced to 3rd reading/Referred to Environ-
mental Conservation
2015-16: 5.7005/A.9623 Referred to Environmental Conservation (both
houses)

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S538 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    538
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. GALLIVAN, GRIFFO, HELMING -- read twice and ordered
   printed, and when printed to be committed to the Committee on Environ-
   mental 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;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00667-01-9

 S. 538                              2
 
   (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
 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.
   § 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.
   § 3. Subdivision 6 of section 11-0713 of the  environmental  conserva-
 tion law is REPEALED.
   § 4. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
 of the environmental conservation law is REPEALED.
   §  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].
   §  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-

 S. 538                              3
 
 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.
   (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.
   § 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.
   §  8.  Subdivisions  11 and 16 of section 11-0901 of the environmental
 conservation law are REPEALED.
   § 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.
   § 10. Subdivision 10 of section 11-0907 of the environmental conserva-
 tion law is REPEALED.
   §  11. 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.]
   § 12. 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.
   § 13. 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

 S. 538                              4
 
 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
 a farm building or farm structure actually occupied or used, or a school
 building or playground, public structure, or occupied factory or church;
   § 14. 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:
 § 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].
   § 15. This act shall take effect immediately.

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Senate Bill S538

Sponsored By

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

co-Sponsors

2019-S538 (ACTIVE) - Details

2019-S538 (ACTIVE) - Summary

2019-S538 (ACTIVE) - Sponsor Memo

2019-S538 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S538

Share this bill

Sponsored By

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

co-Sponsors

2019-S538 (ACTIVE) - Details

2019-S538 (ACTIVE) - Summary

2019-S538 (ACTIVE) - Sponsor Memo

2019-S538 (ACTIVE) - Bill Text download pdf

Comments