Agenda Item 12
July 15,2014
Public Hearing
MEMORANDUM
July 11,2014
TO:
FROM:
SUBJECT:
County Council
n
1[r)
Discharge of Bows ­
Robert
H.
Drummer, Senior Legislative Attorney!
Public Hearing:
Expedited Bill 35-14, Weapons
Amendments
Expedited Bill 35-14, Weapons
~
Discharge of Bows - Amendments, sponsored by
Council Vice President Leventhal, Councilmember Berliner and Council President Rice, was
introduced on June 10. A Public Safety Committee worksession is tentatively scheduled for July
17 at 9:30 a.m.
Background
Under current County law, a person, other than the owner or occupant of the property,
must not discharge a bow within 150 yards of a dwelling house, residence, church, or other
building or camp occupied by human beings without the written consent from the owner or
occupant of the property. This area is known as the "safety zone." Bill 35-14 would reduce the
safety zone for archery hunters in the County from 150 yards to 100 yards from a dwelling
house, residence, church, or other building or camp occupied by human beings.
SB 309, enacted by the General Assembly this year reduced the archery hunting safety
zone in the County from
150
yards to
100
yards. Bill
35-14
would keep County law regulating
archery hunting consistent with State law. The background for the State law, SB 309, is
described in the Fiscal Note at ©4. The Council supported SB 309 during the legislative session.
This packet contains:
Bill 35-14
Legislative Request Report
SB 309 Fiscal Note
Fiscal Impact Statement
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Expedited Bill No.
35-14
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: May 14. 2014 Draft No. _1_
Introduced:
June 10.2014
Expires:
December 10,2015
Enacted:
[date]
Executive:
[date sjgned]
Effective:
[date takes effect]
Sunset Date: [date expires]
ChI
~,
Laws of Mont. Co.
[year]
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
By: Council Vice President Leventhal, Councilmember Berliner and Council President Rice
AN EXPEDITED ACT
to:
(1)
(2)
reduce the safety zone for archery hunters
in
the County; and
generally amend the laws governing the discharge of bows.
By amending
Montgomery County Code
Chapter 57, Weapons
Section 57-6
Boldface
Underlining
[Single boldface brackets]
Doyble underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deletedfrom existing law by original bill.
Added by amendment.
Deletedfrom existing law or the bill by amendment.
Existing law unaffected by bill.
The
County Council for Montgomery County, Maryland approves the following Act:
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EXPEDITED BILL
No. 35-14
1
Sec. 1. Section 57-6
is
amended as follows:
57-6. Discharge of bows.
2
3
4
(a)
Prohibition.
A person must not discharge a bow in the County:
(1)
(2)
from, onto, or across a public road;
into or within [150] 100 yards of a building or camp designed for
human occupancy without the owner or occupant's written
consent; or
5
6
7
8
9
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
10
11
12
13
(b)
Exception.
Subsection (a) does not apply to target archery practiced
in
compliance with safety guidelines established in regulations adopted
under method (2).
Sec. 2.
Expedited Effective Date.
14
15
The Council declares that this legislation is necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it
becomes law.
Approved:
16
17
18
Craig
L
Rice, President, County Council
19
20
Date
Approved:
Isiah Leggett, County Executive
21
This is a correct copy o/Council action.
Date
22
Linda M. Lauer, Clerk ofthe Council
Date
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LEGISLATIVE REQUEST REPORT
Expedited Bill 35-14
Weapons
-
Discharge ofBows
-
Amendments
DESCRIPTION:
The Bill would decrease the archery hunting safety zone size in the
County from 150 yards to 100 yards from a dwelling house,
residence, church, or other building or camp occupied by human
beings.
State law was enacted this year to decrease the archery hunting safety
zone in the County from 150 yards to 100 yards.
Keep County law consistent with State law restrictions on archery
hunting.
Police, County Attorney
To
be
requested.
To be requested.
To
be
requested.
To be researched.
Robert H. Drummer, Senior Legislative Attorney
To be researched.
PROBLEM:
GOALS AND
OBJECTIVES:
COORDINATION:
FISCAL IMPACT:
ECONOMIC
IMPACT:
EVALUATION:
EXPERIENCE
ELSEWHERE:
SOURCE OF
INFORMATION:
APPLICATION
WITHIN
MUNICIPALITIES:
PENALTIES:
Class A Violation
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bow
hunting amendments\lrr.doc
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SB309
Department of Legislative Services
Maryland General Assembly
2014 Session
FISCAL AND POLICY NOTE
Revised
Senate Bill 309
(Montgomery County Senators)
Education, Health, and Environmental Affairs
Environmental Matters
Montgomery County - Archery Hunting - Safety Zone
This bill decreases the archery hunting safety zone size, in Montgomery County, from
150 yards to 100 yards from a dwelling house, residence, church, or other building or
camp occupied by human beings.
The bill takes effect July 1,2014.
Fiscal Summary
State Effect: The bill does not materially affect State operations or finances.
Local Effect: Minimal or none.
Small Business Effect: Minimal.
Analysis
Current Law: A person, other than the owner or occupant, may not shoot or discharge
any firearm or other deadly weapon within 150 yards, known as the "safety zone," of a
dwelling house, residence, church, or other building or camp occupied by human beings
without the specific advance permission of the owner or occupant. Also, a person, other
than the owner or occupant, may not shoot at any animal while it is within the safety zone
without the specific advance permission ofthe owner or occupant.
For archery hunters in Carroll and Frederick counties, the safety zone extends for
50 yards from a dwelling house, residence, church, or other building or camp occupied by
human beings. For archery hunters in Harford County, the safety zone extends for
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100 yards from a dwelling house, residence, church, or other building or camp occupied
by human beings.
A person, while hunting for any wild bird or mammal, may not shoot or discharge any
fireann within 300 yards of a school during school hours or when a school-approved
activity is taking place.
During any open hunting season, a person, other than the owner or occupant, may not
hunt or chase willfully any animal within the safety zone without the specific advance
permission of the owner or occupant.
Background: The U.S. Fish and Wildlife Service's
2011 National Survey of Fishing,
Hunting, and Wildlife-Associated Recreation State Overview Report,
issued in
September 2012, found that over 37 million people spent time fishing and/or hunting and
wildlife-related recreation expenditures totaled $145 billion nationally.
In
Maryland, it is
estimated that every year over 88,000 hunters enjoy over 1 million days of hunting and
contribute over $264 million to the State's retail sales economy.
Over 8,000 people take the Maryland Hunter Education Course every year. However,
hunting accidents do occur.
Montgomery County reports that as a result of the growing deer population, the county
and the Maryland-National Capital Park and Planning Commission have implemented
several deer management efforts.
Additional Information
Prior Introductions: HB 671 of 2013 received a hearing in the House Environmental
Matters Committee, but no further action was taken.
Cross File: HB 138 (Montgomery County Delegation) - Environmental Matters.
Information Source(s): Department of Natural Resources, Montgomery County, U.S.
Fish and Wildlife Service, Department ofLegislative Services
Fiscal Note History:
mcllgc
First Reader - January 23,2014
Revised - Senate Third Reader - March 18, 2014
Analysis by: Michael Sanelli
Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 309/ Page 2
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ROCKvn.LE, MARylAND
MEMORANDUM
July 7, 2014
TO:
Craig Rice, President, County Council
FROM:
SUBJECT:
Jermifer A. Hughes,
ffice
Joseph F. Beach, Direct r, epartment of
./
Dir~'" ()fM~a
d Budget
ement
.
Council Bill 35-14E, Weapons -Discharge of Bows Amendments
Please find attached the fiscal und economic impact statements for the above­
referenced legislation.
JAH:fz
cc: Bonnie Kirkland, Assistant Chief Administrative Officer
Lisa Austin, Offices of the County Executive
Joy Nurmi, Special Assistant to the County Executive
Patrick Lacefield, Director, Public Information Office
Joseph F. Beach, Director, Department of Finance
David Platt, Department of Finance
Robert Hagedoorn, Department
of
Finance
Thomas Manger, Chief. Department of Police
Bruce Meier, Office of Management and Budget
Alex Espinosa. Office of Management and Budget
Felicia Zhang, Office of Management and Budget
Naeem Mia,
omce
of Management and Budget
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Fiscal Impact Statement
Legislation to Amend County Code Chapter
57,
Weapons
1. Legislation Summary
The purpose of this code amendment is to
(1)
reduce the safety zone (distance from a
dwelling house, residence, church, or other building or camp occupied by human beings
within which a bow may 110t be discharged unless within a target archery facility) for
archery hunters
in
the County irom 150 yards to 100; and (2) generally amend the laws
governing the discharge of bows.
2. An estimate of changes in County revenues and expenditures regardless of whether the
revenues or expenditures are assumed in the recommended or approved budget. Includes
source of infonnation, assumptions, and methodologies used.
No impact on revenues or expenditures.
3. Revenue and expenditure estimates covering at least the next 6 fiscal years.
No impact on revenues or expenditures.
4. An actuarial analysis through the entire amortization period for legislation that would
affect retiree pension or group insurance costs.
Not Applicable
5. Later actions that may affect future revenue and expenditures if the legislation authorizes
future spending.
Not Applicable
6.
An
estimate of the staff time needed to impk'Illent the legislation.
None
7. An explanation of how the addition of new staff responsibilities would affect other duties.
None.
8. An estimate of costs when an additional appropriation is needed.
Not Applicable
9. A description of any variable that could affect revenue and cost estimates. '
Not Applicable
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10. Ranges of revenue or expenditures that are un.certain or difficult
to
project
Not Applicable
11. If legislation is likely to have no fiscal impact, why
that
is the case.
The legislation
will
have
110
impact on. police operations beyond the change in the
standard applied..
12. Other fiscal impacts or comments.
None
13. The following contributed
to
and concurred
'With
this analysis.
Captain Michael Wahl, Montgomery County Police Department
Bruce Meier, OMB
.r
A. .
of Management and Budget
ghe8;rect~
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Economic Impact Statement
Bill 35-14E, \Vcapons - Discharge of Bows - Amendments
Background:
This legislation would reduce the safety zone for archery hunters from 150 yards to 100
yards from an occupied dwelling house, residence, church, or other building or camp.
1.
The sources of inforynation, assumptions, and methodologies used.
There are no assumptions and methodologies used in this economic impact statement.
2. A description of any variable that could affect the economic impact estimates.
Not applicable.
3. The Bill's positive or negative effect,
if
any on employment, spending, saving,
investment, incomes, and property values in the County.
This bilI has no economic impact on employment,
spending~
saving, investment,
incomes~
and property values in the County.
4.
If
a Bill is likely to have no economic impact,
wby
is that the case?
Not applicable.
5. The following contributed to or concurred with this analysis:
David
Platt and Rob
Hagedoorn, Finance.
~
/L
t-
f---­
Jose..
I·'...
t
each. Director
partment of Finance
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