S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5818--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2019
                                ___________
 
 Introduced  by  Sen. METZGER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN ACT to amend the environmental conservation law, in relation to hunt-
   ing and hunting licenses; 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:
 
   Section 1. Paragraph a of subdivision 1 and subdivisions 3  and  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 and subdivision
 3 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.]
   3.  A bowhunting privilege when included on a hunting license entitles
 a holder:
   (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,  as  provided in title 9 of this article, in a special
 longbow season; [and]

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

                                                            LBD11440-04-9

 S. 5818--A                          2
 
   (3) who is sixteen or seventeen years of  age  to  exercise  the  same
 privileges  subject to the provisions of section 11-0929 and subdivision
 3 of section 11-0713 of this article[.]; AND
   (4) WHO IS FIFTY-FIVE YEARS OF AGE OR OLDER OR DETERMINED, BY A PHYSI-
 CIAN,  TO  BE  PHYSICALLY UNABLE TO DRAW A LONGBOW TO HUNT WILD DEER AND
 BEAR WITH A CROSSBOW, AS PROVIDED IN  TITLE  9  OF  THIS  ARTICLE  IN  A
 SPECIAL ARCHERY 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. Subparagraph 3 of paragraph c of subdivision 3 of section 11-0901
 of the environmental conservation law is REPEALED.
   §  4.  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].
   §  5.  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] SUCH crossbow shall [be seventeen  inches,  and]
 have  a  minimum  peak  draw weight of 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

 S. 5818--A                          3
 
 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] SUCH crossbow shall [be seventeen  inches,  and]
 have  a  minimum  peak  draw weight of 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.
   § 6. 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
 CROSSBOW  must possess a current bowhunting privilege or a valid certif-
 icate of qualification in responsible  bowhunting  practices  issued  or
 honored by the department.
   §  7.  Subdivisions  11 and 16 of section 11-0901 of the environmental
 conservation law are REPEALED.
   § 8. 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.
   §  9.  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.]
   §  10.  Subparagraph  5  of  paragraph  b  of subdivision 2 of section
 11-0929 of the environmental conservation law is REPEALED  and  subpara-
 graph 6 of paragraph b of subdivision 2 is renumbered subparagraph 5.
   §  11. 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
 a farm building or farm structure actually occupied or used, or a school
 building or playground, public structure, or occupied factory or church;

 S. 5818--A                          4
 
   §  12. 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 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].
   § 13. This act shall take effect immediately.