S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9023
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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
   establishing  a  town of Huntington deer management pilot program; and
   providing for the repeal of such provisions upon expiration thereof

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 11-0522-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1. FOR THE PURPOSES OF  THIS  SECTION,  "CERTIFIED  NUISANCE  WILDLIFE
 SPECIALIST" SHALL MEAN AN EMPLOYEE OF OR A CONTRACTOR FOR THE FEDERAL OR
 STATE GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT AND ACTING PURSUANT
 TO  A  DEER MANAGEMENT PLAN, WHO HAS BEEN CERTIFIED BY THE DEPARTMENT AS
 COMPLYING WITH THE CRITERIA ESTABLISHED BY  THE  DEPARTMENT  THAT  AT  A
 MINIMUM REQUIRE:
   A.  A  MINIMUM  LEVEL OF MARKSMANSHIP CERTIFICATION APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT  TO  BE  USED,  INCLUDING  ONGOING  CERTIF-
 ICATION;
   B. LIABILITY INSURANCE COVERAGE LEVELS OR OTHER FINANCIAL ARRANGEMENTS
 APPROVED BY THE DEPARTMENT; AND
   C. REPORTING REQUIREMENTS.
   2.  THE DEPARTMENT MAY, AFTER REVIEWING THE TOWN OF HUNTINGTON'S SITE-
 SPECIFIC DEER MANAGEMENT PLAN, AND UPON A FINDING BY THE TOWN  OF  HUNT-
 INGTON  THAT  DEER  HAVE  BECOME  A  NUISANCE,  DESTRUCTIVE TO PUBLIC OR
 PRIVATE PROPERTY OR A THREAT TO PUBLIC HEALTH OR WELFARE, ISSUE A CERTI-
 FIED NUISANCE WILDLIFE SPECIALIST A DEER CULL PERMIT FOR USE WITHIN  THE
 BOUNDARIES OF THE TOWN OF HUNTINGTON.
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 HUNTINGTON, REQUESTS FOR  ANY  AUTHORIZATION  PURSUANT  TO  SUBDIVISIONS
 THREE-A  AND  ELEVEN OF SECTION 11-0505 OF THIS TITLE, SUBDIVISION TWO-A
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13879-02-4
 S. 9023                             2
 
 OF SECTION 11-0901 OF THIS ARTICLE, AND SUBDIVISIONS TWO-A AND FOUR-A OF
 SECTION 11-0931 OF THIS ARTICLE, PROVIDED THAT  ANY  SUCH  AUTHORIZATION
 SUBSEQUENTLY  GRANTED  SHALL  BE EXPLICITLY INCLUDED ON ANY CULL PERMIT,
 AND DETAILS REGARDING EXPECTED LOCAL LAW ENFORCEMENT PARTICIPATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING  THE  DEPARTMENT  TO ISSUE A PERMIT TO TAKE DEER WHEN IN ITS OPINION
 THE NUISANCE, DESTRUCTION OF PROPERTY OR THREAT  TO  PUBLIC  HEALTH  AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   §  2. Section 11-0505 of the environmental conservation law is amended
 by adding two new subdivisions 3-a and 11 to read as follows:
   3-A. NOTWITHSTANDING SUBDIVISION THREE OF THIS SECTION,  A  SALT  LICK
 MAY  BE  MADE,  SET,  OR  USED  UPON LAND INHABITED BY DEER OR BEAR BY A
 NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED  PURSUANT  TO  SECTION
 11-0522-B OF THIS TITLE PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE
 OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   11.  A  NUISANCE  WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION 11-0522-B OF THIS TITLE MAY, IN ACCORDANCE WITH  THE  PARAMETERS
 OF  SUCH  PERMIT  AND  THE CONSULTATION OF LOCAL LAW ENFORCEMENT, ENTICE
 DEER IN THE MANNER PROHIBITED  IN  SUBDIVISION  EIGHT  OF  THIS  SECTION
 PROVIDED  THAT  SUCH  ACTIVITIES ARE IN FURTHERANCE OF THE SITE-SPECIFIC
 DEER MANAGEMENT PLAN.
   § 3. Section 11-0901 of the environmental conservation law is  amended
 by adding a new subdivision 2-a to read as follows:
   2-A.  NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WILDLIFE MAY BE
 TAKEN BY A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION 11-0522-B OF THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES  ARE  IN
 FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   §  4. Section 11-0931 of the environmental conservation law is amended
 by adding two new subdivisions 2-a and 4-a to read as follows:
   2-A. NO PERSON EXCEPT A LAW ENFORCEMENT OFFICER IN THE PERFORMANCE  OF
 SUCH  OFFICER'S OFFICIAL DUTIES OR A NUISANCE WILDLIFE SPECIALIST WITH A
 PERMIT ISSUED PURSUANT TO SECTION 11-0522-B OF  THIS  ARTICLE,  PROVIDED
 THAT  SUCH  ACTIVITIES  ARE  IN  FURTHERANCE  OF  THE SITE-SPECIFIC DEER
 MANAGEMENT PLAN, SHALL, WHILE IN OR ON A MOTOR VEHICLE, USE A JACKLIGHT,
 SPOTLIGHT OR OTHER ARTIFICIAL LIGHT UPON LANDS INHABITED BY DEER IF SUCH
 PERSON IS IN POSSESSION  OR  IS  ACCOMPANIED  BY  A  PERSON  WHO  IS  IN
 POSSESSION, AT THE TIME OF SUCH USE, OF A LONGBOW, CROSSBOW OR A FIREARM
 OF ANY KIND EXCEPT A PISTOL OR REVOLVER, UNLESS SUCH LONGBOW OR CROSSBOW
 IS  UNSTRUNG  OR  SUCH  FIREARM  OR  CROSSBOW  IS TAKEN DOWN OR SECURELY
 FASTENED IN A CASE OR LOCKED IN THE TRUNK OF THE VEHICLE.  FOR  PURPOSES
 OF  THIS  SUBDIVISION,  MOTOR  VEHICLE SHALL MEAN EVERY VEHICLE OR OTHER
 DEVICE OPERATED BY ANY POWER OTHER THAN MUSCLE POWER,  AND  WHICH  SHALL
 INCLUDE  BUT  NOT  BE LIMITED TO AUTOMOBILES, TRUCKS, MOTORCYCLES, TRAC-
 TORS, TRAILERS AND MOTORBOATS, SNOWMOBILES  AND  SNOWTRAVELERS,  WHETHER
 OPERATED  ON  OR  OFF PUBLIC HIGHWAYS. NOTWITHSTANDING THE PROVISIONS OF
 THIS SUBDIVISION, THE DEPARTMENT MAY ISSUE A PERMIT TO ANY PERSON WHO IS
 NON-AMBULATORY, EXCEPT WITH THE USE OF A MECHANIZED AID,  TO  POSSESS  A
 LOADED  FIREARM  IN  OR  ON  A MOTOR VEHICLE AS DEFINED IN THIS SECTION,
 SUBJECT TO SUCH RESTRICTIONS AS THE DEPARTMENT MAY DEEM NECESSARY IN THE
 INTEREST OF  PUBLIC  SAFETY.    NOTHING  IN  THIS  SECTION  PERMITS  THE
 POSSESSION OF A PISTOL OR A REVOLVER CONTRARY TO THE PENAL LAW.
   4-A.  THE PROHIBITIONS CONTAINED IN SUBPARAGRAPH TWO OF PARAGRAPH A OF
 SUBDIVISION FOUR OF THIS SECTION SHALL NOT APPLY TO A NUISANCE  WILDLIFE
 SPECIALIST  WITH  A  PERMIT ISSUED PURSUANT TO SECTION 11-0522-B OF THIS
 ARTICLE ACTING IN FURTHERANCE OF THE SITE SPECIFIC DEER MANAGEMENT PLAN;
 PROVIDED, HOWEVER: (A) PRIOR TO THE DISCHARGE OF A FIREARM  WITHIN  FIVE
 S. 9023                             3
 
 HUNDRED FEET OF ANY DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS,
 THE  OWNERS  OR  LESSEES THEREOF HAVE BEEN NOTIFIED BY CERTIFIED MAIL OF
 THE DATE OR DATES AND TIME PERIOD OF  THE  EXPECTED  ACTIVITY;  AND  (B)
 PRIOR  TO  THE DISCHARGE A FIREARM WITHIN TWO HUNDRED FIFTY FEET OF SUCH
 DWELLING HOUSES, STRUCTURES, SCHOOLS OR PLAYGROUNDS ALL  THE  OWNERS  OR
 LESSEES THEREOF HAVE PROVIDED WRITTEN CONSENT.
   § 5. The department of environmental conservation, following consulta-
 tion  with  the  town of Huntington shall prepare a report examining the
 effectiveness of the town of Huntington deer  management  pilot  program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion  law  in  addressing  deer  overpopulation and the effectiveness in
 addressing destruction to public or private  property  in  the  town  of
 Huntington as well as the impacts on surrounding communities. The report
 shall include estimates regarding the size of the deer population in the
 town  of  Huntington prior to the issuance of deer cull permits pursuant
 to section 11-0522-b of the environmental conservation law,  the  number
 of  cull  permits issued, and the number of deer taken. The report shall
 also include recommendations for  program  improvements,  including  the
 potential effectiveness of authorizing future programs. The report shall
 be delivered to the governor, the speaker of the assembly and the tempo-
 rary  president  of the senate, as well as published on the department's
 public website, no later than thirty months after the effective date  of
 this act.
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall expire and be
 deemed repealed three years after such date.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9023--A
 
                             I N  S E N A T E
 
                              April 10, 2024
                                ___________
 
 Introduced  by  Sen. MATTERA -- 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
   establishing a town of Huntington deer management pilot  program;  and
   providing for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 11-0522-b to read as follows:
 § 11-0522-B. TOWN OF HUNTINGTON DEER MANAGEMENT PILOT PROGRAM.
   1.  FOR  THE  PURPOSES OF THIS SECTION, "NUISANCE WILDLIFE SPECIALIST"
 SHALL MEAN AN EMPLOYEE OF OR A  CONTRACTOR  FOR  THE  FEDERAL  OR  STATE
 GOVERNMENT RESPONSIBLE FOR WILDLIFE MANAGEMENT ACTING PURSUANT TO A DEER
 MANAGEMENT  PLAN  AND  DEER  CULL PERMIT. A NUISANCE WILDLIFE SPECIALIST
 MUST BE IN COMPLIANCE WITH CRITERIA ESTABLISHED BY THE  DEPARTMENT  THAT
 AT A MINIMUM SHALL REQUIRE:
   A.  A  MINIMUM LEVEL OF MARKSMANSHIP QUALIFICATIONS APPROPRIATE TO THE
 FIREARM OR HUNTING IMPLEMENT TO BE USED;
   B. LIABILITY INSURANCE COVERAGE OR OTHER FINANCIAL ARRANGEMENTS  IDEN-
 TIFIED BY THE DEPARTMENT;
   C.  A  COPY OF THE CULL PERMIT AND A COPY OF THE LOG OF NUISANCE WILD-
 LIFE SPECIALISTS USING THE PERMIT, BE ON THE NUISANCE WILDLIFE  SPECIAL-
 IST'S PERSON WHEN EXERCISING ANY PRIVILEGE OF SUCH PERMIT; AND
   D. REPORTING REQUIREMENTS.
   2.  THE  DEPARTMENT MAY, AFTER REVIEWING THE TOWN OF HUNTINGTON'S CULL
 PERMIT APPLICATION AND SITE-SPECIFIC DEER MANAGEMENT PLAN,  AND  UPON  A
 FINDING  BY  THE  TOWN  OF  HUNTINGTON THAT DEER HAVE BECOME A NUISANCE,
 DESTRUCTIVE TO PUBLIC OR PRIVATE PROPERTY OR A THREAT TO  PUBLIC  HEALTH
 OR  WELFARE,  ISSUE  A DEER CULL PERMIT FOR USE WITHIN THE BOUNDARIES OF
 THE TOWN OF HUNTINGTON, AUTHORIZING USE OF A NUISANCE WILDLIFE  SPECIAL-
 IST TO TAKE DEER PURSUANT TO THE TERMS OF THE DEER CULL PERMIT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13879-05-4
              

 S. 9023--A                          2
 
   3.  EACH  CULL  PERMIT APPLICATION SHALL AT A MINIMUM INCLUDE REQUIRE-
 MENTS FOR: THE TIMEFRAME DURING WHICH THE PERMIT MUST BE USED,  A  SITE-
 SPECIFIC  DEER MANAGEMENT PLAN, A GEOGRAPHIC DESCRIPTION OF THE AREA FOR
 WHICH THE PERMIT IS BEING REQUESTED, A WRITTEN CONTRACT WITH THE TOWN OF
 HUNTINGTON,  A  LIST  WHICH  IDENTIFIES  PARTICIPATING NUISANCE WILDLIFE
 SPECIALISTS AND ELIGIBILITY BASED ON THE  CRITERIA  ESTABLISHED  BY  THE
 DEPARTMENT,  PROVIDED BY THE CITY OF SYRACUSE, REQUESTS FOR ANY AUTHORI-
 ZATION PURSUANT TO SUBDIVISIONS THREE-A AND ELEVEN OF SECTION 11-0505 OF
 THIS TITLE, SUBDIVISION TWO-A OF SECTION 11-0901 OF  THIS  ARTICLE,  AND
 SUBDIVISIONS  TWO-A  AND  FOUR-A  OF  SECTION  11-0931  OF THIS ARTICLE,
 PROVIDED THAT ANY  SUCH  AUTHORIZATION  SUBSEQUENTLY  GRANTED  SHALL  BE
 EXPLICITLY  INCLUDED  ON ANY CULL PERMIT, AND DETAILS REGARDING EXPECTED
 LOCAL LAW ENFORCEMENT CONSULTATION.
   4. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING OR OBLIGAT-
 ING THE DEPARTMENT TO ISSUE A PERMIT TO TAKE DEER WHEN  IN  ITS  OPINION
 THE  NUISANCE,  DESTRUCTION  OF  PROPERTY OR THREAT TO PUBLIC HEALTH AND
 WELFARE WILL NOT BE EFFECTIVELY ABATED THEREBY.
   § 2. Section 11-0505 of the environmental conservation law is  amended
 by adding two new subdivisions 3-a and 11 to read as follows:
   3-A.  NOTWITHSTANDING  SUBDIVISION  THREE OF THIS SECTION, A SALT LICK
 MAY BE MADE, SET, OR USED UPON LAND INHABITED  BY  DEER  OR  BEAR  BY  A
 NUISANCE  WILDLIFE  SPECIALIST  WITH A PERMIT ISSUED PURSUANT TO SECTION
 11-0522-B OF THIS TITLE PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE
 OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   11. A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT  ISSUED  PURSUANT  TO
 SECTION  11-0522-B  OF THIS TITLE MAY, IN ACCORDANCE WITH THE PARAMETERS
 OF SUCH PERMIT AND THE CONSULTATION OF  LOCAL  LAW  ENFORCEMENT,  ENTICE
 DEER  IN  THE  MANNER  PROHIBITED  IN  SUBDIVISION EIGHT OF THIS SECTION
 PROVIDED THAT SUCH ACTIVITIES ARE IN FURTHERANCE  OF  THE  SITE-SPECIFIC
 DEER MANAGEMENT PLAN.
   §  3. Section 11-0901 of the environmental conservation law is amended
 by adding a new subdivision 2-a to read as follows:
   2-A. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WILDLIFE MAY  BE
 TAKEN BY A NUISANCE WILDLIFE SPECIALIST WITH A PERMIT ISSUED PURSUANT TO
 SECTION  11-0522-B  OF THIS ARTICLE PROVIDED THAT SUCH ACTIVITIES ARE IN
 FURTHERANCE OF THE SITE-SPECIFIC DEER MANAGEMENT PLAN.
   § 4. Subdivision 2 and subparagraph 1 of paragraph b of subdivision  4
 of  section 11-0931 of the environmental conservation law, as separately
 amended by chapters 65 and 83 of the laws of 2024, are amended  to  read
 as follows:
   2.  a.  No  crossbow  or  firearm except a pistol or revolver shall be
 carried or possessed in or on a motor vehicle unless it is uncocked, for
 a crossbow or unloaded, for a firearm in both the chamber and the  maga-
 zine,  except that a loaded firearm which may be legally used for taking
 migratory game birds may be carried or possessed in  a  motorboat  while
 being  legally  used  in  hunting migratory game birds, and b. no person
 except a law enforcement officer in the performance of [his] THEIR offi-
 cial duties or a nuisance  wildlife  specialist  with  a  permit  issued
 pursuant to [section 11-0522 of] this article, provided that such activ-
 ities  are in furtherance of the site-specific deer management plan, [or
 a nuisance wildlife specialist with a permit issued pursuant to  section
 11-0522-a of this article, provided that such activities are in further-
 ance of the site-specific deer management plan,] shall, while in or on a
 motor vehicle, use a jacklight, spotlight or other artificial light upon
 lands inhabited by deer if [he or she is] THEY ARE in possession or [is]
 ARE  accompanied  by  a person who is in possession, at the time of such
 S. 9023--A                          3

 use, of a longbow, crossbow or a firearm of any kind except a pistol  or
 revolver, unless such longbow or crossbow is unstrung or such firearm or
 crossbow  is  taken down or securely fastened in a case or locked in the
 trunk  of  the  vehicle. For purposes of this subdivision, motor vehicle
 shall mean every vehicle or other device operated  by  any  power  other
 than muscle power, and which shall include but not be limited to automo-
 biles,  trucks,  motorcycles, tractors, trailers and motorboats, snowmo-
 biles and snowtravelers, whether operated on  or  off  public  highways.
 Notwithstanding  the  provisions of this subdivision, the department may
 issue a permit to any person who is non-ambulatory, except with the  use
 of  a mechanized aid, to possess a loaded firearm in or on a motor vehi-
 cle as defined in this section, subject  to  such  restrictions  as  the
 department  may deem necessary in the interest of public safety. Nothing
 in this section permits the possession of a pistol or a revolver contra-
 ry to the penal law.
   (1) The owner or lessee of the dwelling house,  or  members  of  [his]
 THEIR  immediate  family actually residing therein, or a person in [his]
 THE employ OF SUCH OWNER OR LESSEE, 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 crossbow within  two  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;  provided further, that a
 nuisance wildlife specialist with a permit issued pursuant  to  [section
 11-0522 of] this article acting in furtherance of the site specific deer
 management  plan may discharge a firearm within five hundred feet of any
 dwelling houses, structures, schools or playgrounds, provided  that  the
 owners  or  lessees  thereof have been notified by certified mail of the
 date or dates, and time period of the expected activity, and discharge a
 firearm within two hundred fifty feet of such  dwelling  houses,  struc-
 tures,  schools  or  playgrounds provided that all the owners or lessees
 thereof  have  provided  written  consent[;  provided  further,  that  a
 nuisance  wildlife  specialist  with a permit issued pursuant to section
 11-0522-a of this article acting in  furtherance  of  the  site-specific
 deer management plan may discharge a firearm within five hundred feet of
 any  dwelling  houses, structures, schools or playgrounds, provided that
 the owners or lessees thereof have been notified by  certified  mail  of
 the  date  or  dates  and  time  period  of  the  expected activity, and
 discharge a firearm within two hundred fifty feet of such dwelling hous-
 es, structures, schools or playgrounds provided that all the  owners  or
 lessees thereof have provided written consent];
   § 5. The department of environmental conservation, following consulta-
 tion  with  the  town of Huntington shall prepare a report examining the
 effectiveness of the town of Huntington deer  management  pilot  program
 established pursuant to section 11-0522-b of the environmental conserva-
 tion  law  in  addressing  deer  overpopulation and the effectiveness in
 addressing destruction to public or private  property  in  the  town  of
 Huntington.  The report shall include the number of cull permits issued,
 and the number of deer taken. The report shall also include  recommenda-
 tions for program improvements, including the potential effectiveness of
 authorizing future programs. The report shall be delivered to the gover-
 nor,  the  speaker  of  the  assembly and the temporary president of the
 senate, as well as published on  the  department's  public  website,  no
 later than thirty months after the effective date of this act.
 S. 9023--A                          4
 
   §  6. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and sections one,  two,
 three  and  five  shall  expire and be deemed repealed three years after
 such date; provided further, however, that the amendments to subdivision
 2  and subparagraph 1 of paragraph b of subdivision 4 of section 11-0931
 of the environmental conservation law made by section four of  this  act
 shall  survive the expiration and reversion of such subdivision and such
 paragraph as provided in section 6 of chapters 683 and 704 of  the  laws
 of 2023, as amended.