What's happening
This bill lowers the blood alcohol content limit for being considered intoxicated while hunting from 0.10% to 0.08%.
Why it matters
Aligns hunting intoxication standards with driving laws. , potentially reducing confusion and creating consistency in how alcohol impairment is defined across activities involving public safety.
May lead to increased enforcement and prosecution. of hunting while intoxicated, as more individuals could now be considered legally intoxicated at the lower 0.08% BAC threshold.
Aims to enhance public and hunter safety. by reducing the likelihood of alcohol-related hunting accidents, signaling a greater emphasis on responsible firearm use in natural settings.
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Who cares
Headline styles
Lower Blood Alcohol for Hunters
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 7
No co-sponsors yet.
History
- Substituted by A3471
- Advanced to third reading
- 2nd report cal.
- 1st report cal.311
- Referred to environmental conservation
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Lower Blood Alcohol for Hunters
Signed by Governor · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2417
2019-2020 Regular Sessions
IN SENATE
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 Assembly, 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.