NY State Senate Bill 2019-S2417

Senate Bill S2417

Signed By Governor

2019-2020 Legislative Session

Decreases the amount of alcohol in a person's system necessary to be considered to be intoxicated while hunting

download bill text pdf

Archive: Last Bill Status Via A3471 - Signed by Governor

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 23, 2019	signed chap.388
Oct 11, 2019	delivered to governor
Mar 27, 2019	returned to assembly passed senate 3rd reading cal.311 substituted for s2417
Mar 27, 2019	substituted by a3471
Mar 25, 2019	advanced to third reading
Mar 20, 2019	2nd report cal.
Mar 19, 2019	1st report cal.311
Jan 24, 2019	referred to environmental conservation

Votes

- Mar 27, 2019 - Floor Vote
  A3471
  
  55
  
  Aye
  
  6
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Mar 27, 2019
      
      aye (55)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Jacobs
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Little
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      O'Mara
      
      Parker
      
      Persaud
      
      Ramos
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Seward
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (6)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Griffo
      
      Lanza
      
      Ortt
      
      excused (1)
      
      Boyle
  Mar 19, 2019 - Environmental Conservation Committee Vote
  S2417
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: Mar 19, 2019
      
      aye (11)
      
      Boyle
      
      Harckham
      
      Kaminsky
      
      Kavanagh
      
      LaValle
      
      Little
      
      May
      
      Metzger
      
      O'Mara
      
      Salazar
      
      Serrano

2019-S2417 (ACTIVE) - Details

See Assembly Version of this Bill:: A3471
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-1201 & 11-1207, En Con L
Versions Introduced in Other Legislative Sessions:: 2013-2014: A7580
2015-2016: A1657
2017-2018: A1525

2019-S2417 (ACTIVE) - Summary

Decreases the amount of alcohol in a person's system necessary to be considered to be intoxicated while hunting.

2019-S2417 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2417

SPONSOR: KAPLAN
 
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 .08% 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
.08% or more is intoxicated. In 2003 the "boating while intoxicated"
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
.08%. BAC level for the definition of hunting while intoxicated.  These
include Maine, Minnesota, New Hampshire and West Virginia. This year
Georgia has enacted a law lowering the SAC 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 2017-2018, Passed Assembly
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.

2019-S2417 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2417
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 24, 2019
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- 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
   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:
 
   Section  1.  Subdivision  2  of  section  11-1201 of the environmental
 conservation law, as added by chapter  726  of  the  laws  of  1977,  is
 amended to read as follows:
   2. "Intoxicated condition" shall mean the presence of [.10] .08 of one
 per  centum or more by weight of alcohol in a person's blood as shown by
 chemical analyses of his blood, breath, urine, or saliva  made  pursuant
 to  section  11-1205 of this title. An "impaired condition" shall mean a
 state of impairment of a person's capacity to think or act correctly, or
 of a loss, even in part of a person's control of his physical or  mental
 faculties due to his consumption of alcohol or use of a drug.
   §  2.  Section 11-1207 of the environmental conservation law, as added
 by chapter 726 of the laws of 1977, is amended to read as follows:
 § 11-1207. Evidence admitted in court.
   Upon the trial of any action or  proceeding  arising  out  of  conduct
 alleged to have been committed by any person arrested for a violation of
 any  subdivision of section 11-1203 of this title, the court shall admit
 evidence of the amount of alcohol or drugs in the defendant's  blood  as
 shown  by  a  test  administered  pursuant  to the provisions of section
 11-1205 of this title. Evidence that there was  five-hundredths  of  one
 per  centum or less by weight of alcohol in such person's blood is prima
 facie evidence that the ability of such  person  to  engage  in  hunting
 without  creating  unreasonable  risk  of  injury or death to himself or
 other human life  was  not  impaired  by  the  consumption  of  alcohol.
 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

 S. 2417                             2
 
 one per centum by weight of alcohol in  such  person's  blood  is  prima
 facie evidence only that such person was not in an intoxicated condition
 due to the consumption of alcohol.
   §  3.    This  act  shall  take  effect on the first of September next
 succeeding the date on which it shall have become a law.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.