PS Item 3
September 25, 2017
Worksession
MEMORANDUM
September 21, 2017
TO:
FROM:
Public Safety Committee
Robert
H.
Drummer, Senior Legislative Attome~~
Worksession:
Expedited Bill 30-17, Weapons - Discharge of Bows - Amendments
SUBJECT:
Expedited Bill 30-17, Weapons - Discharge of Bows - Amendments, sponsored by Lead
Sponsor Council President Berliner, Councilmembers Leventhal, Katz, Rice, Elrich, Council Vice
President Riemer, and Councilmembers Navarro, Rucker, and Floreen, was introduced on
September 12, 2017. A public hearing was held on September 19.
Bill 30-17 would reduce the safety zone for archery hunters in the County.
Background
Chapter 443 of the 201 7 Laws of Maryland (HB 313 ), enacted by the General Assembly
in the last legislative session, reduced the safety zone in the County prohibiting bow hunting within
100 yards of a building designed for human occupancy without the owner's consent to within 50
yards of a building. See ©4-5. The State law also added a requirement that a bow hunter
discharging a bow within 50 to 100 yards of a building do so using a tree stand.
County Code §57-6 prohibits bow hunting within 100 yards of a building designed for
human occupancy. Bill 30-17 would make the County law consistent with the amended State law
by referencing this State law. 0MB estimated that the Bill would have no fiscal or economic
impact on the County. See ©6-9.
Public Hearing
Both speakers, Peggy Dennis, representing the Montgomery County Civic Federation and
Dr. Mark Eakin, representing the Animal Connection Deer Management Team (©10-11),
supported the Bill. They both pointed to the County's overpopulation of deer and the safety of
bow hunting in Maryland and Virginia. Dr. Eakin testified that an archery hunter would need to
be shooting down within 20 yards of the deer, and that his group of hunters has removed over 600
deer in southern Rockville and Potomac with a perfect safety record. The Agricultural Advisory
Committee submitted written testimony in support of the Bill. See, ©12.
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Issues
1. Is the County required to be consistent with State law?
Md. Nat'l Resources Code, § 10-41 0(g) establishes statewide safety zones where hunting a
bird or mammal is prohibited near a "dwelling house, residence, church, or any other building or
camp occupied by human beings" without the prior permission of the owner or occupant of the
property. The County would be preempted by this State law from permitting hunting within the
State safety zone because the County law would conflict with the State law by permitting an
activity that was expressly prohibited by State law.
However, the County's larger safety zone does not conflict with the State safety zone. Both
laws are intended to serve the same purpose - protection of residents from accidental injuries
caused by hunting. In this case, the County and the State have concurrent authority to legislate in
this area if the County law does not frustrate the purpose of the State law. See,
City of Baltimore
v. Sitnick,
254 Md. 303 (1969), where the Court held that a higher City minimum wage did not
conflict with a lower State minimum wage. A County law providing additional safety to residents
does not conflict with the State law with the same purpose.
2. Should the Bill be enacted?
Reducing the safety zone from 100 yards to 50 yards would increase the ability of property
owners to use archery hunters to reduce the significant overpopulation of deer in the County.
Based upon the testimony, it would not increase the risk of injury to residents because a bow hunter
would be aiming at the ground from an elevated stand within 20 yards of the deer. A miss would
go into the ground. The overpopulation of deer has increased deer-car collisions in the County.
Council staff recommendation:
approve the Bill as introduced.
This packet contains:
Expedited Bill 30-17
Legislative Request Report
State Law HB 313
Fiscal and Economic Impact statement
Testimony of Dr. Eakin
Letter from the Agricultural Advisory Committee
Circle#
1
3
4
6
10
12
F:\LA W\BILLS\1730 Weapons, Bow Hunting Safety Zone\PS Memo.Docx
2
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30-17
Expedited Bill No.
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: August
25, 2017
Draft No.
_1_
September
12, 2017
Introduced:
March
12 2019
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'-'-N=on=e'--------
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President Berliner, Councilmembers Leventhal, Katz, Rice, Elrich, Council
Vice President Riemer, and Councilmembers Navarro, Bucker, and Floreen
AN EXPEDITED ACT
to:
reduce the safety zone for archery hunters in the County; and
(1)
generally amend the laws governing the discharge of bows.
(2)
By amending
Montgomery County Code
Chapter 57, Weapons
Section 57-6
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from 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. 30-17
1
2
Sec.
1.
Section 57-6 is amended as follows:
57-6. Discharge of bows.
(a)
3
4
Prohibition.
A person must not discharge a bow
in
the County:
( 1)
(2)
from, onto, or across a public road;
[into or within 100 yards of] in violation of the archery hunting
safety zone established
in
Md. Code, Natural Resources, § 10-410,
as amended, surrounding a building or camp designed for human
occupancy without the owner or occupant's written consent; or
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
5
6
7
8
9
10
11
12
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
compliance with safety guidelines established in regulations adopted
under method (2).
13
14
15
16
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation 1s necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
17
18
19
RogerBerliner, President, County Council
Date
20
Approved:
21
Isiah Leggett, County Executive
22
Date
This is a correct copy ofCouncil action.
23
Linda M. Lauer, Clerk of the Council
Date
0
f:\law\bills\1730 weapons, bow hunting safety zone\bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 30-17
Weapons
-
Discharge of Bows
-
Amendments
DESCRIPTION:
County Code §57-6 prohibits bow hunting within 100 yards of a
building designed for human occupancy. Bill 30-17 would make the
County law consistent with the recently amended State law by
referencing this State law.
Chapter 443 of the 2017 Laws of Maryland (HB 313), enacted by the
General Assembly in the last legislative session, reduced the safety
zone in the County prohibiting bow hunting within 100 yards of a
building designed for human occupancy without the owner's consent
to within 50 yards of a building. The State law also added a
requirement that a bow hunter discharging a bow within 50 to 100
yards of a building do so using a tree stand. County law is now
inconsistent with the State law.
To amend County law to be consistent with the recently amended State
law.
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
F:\LAW\BILLS\1730 Weapons, Bow Hunting Safety Zone\LRR.Docx
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LAWREN CE
J.
HOGAN,
JR.,
Governor
Chapter 443
(House Bill 313)
AN ACT concernin g
Montgom ery County -Archer y Hunting - Safety Zone
Ch.443
MC 10-17
FOR the purpose of altering the size of the safety zone for archery hunters in Montgom ery
County within which archery hunting may not take place except under certain
circumsta nces; requiring archery hunters in Montgom ery County to use a tree stand
when hunting certain animals within a certain distance of certain buildings ; and
generally relating to archery hunting in Montgom ery County.
BY repealing and reenactin g, with amendme nts,
Article - Natural Resource s
Section 10-41 0(g)
Annotate d Code of Maryland
(2012 Replacem ent Volume and 2016 Suppleme nt)
SECTION
1.
BE IT ENACTE D BY THE GENERA L ASSEMB LY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Natural Resourc es
10-410.
Except as provided in paragrap hs (2) and (3) of this subsection, a
(1)
(g)
person, other than the owner or occupant , while hunting for any wild bird or mammal 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, or shoot at any wild bird or mammal while it is within this area, without
the specific advance permissio n of the owner or occupant.
A person, while hunting for any wild bird or mammal, may not shoot or
(2)
discharge any firearm within 300 yards of a public or nonpublic school during school hours
or at a time when a school-ap proved activity is taking place.
For archery hunters in Calvert County, Carroll County,
(i)
(3)
Frederick County, Harford County,
MONTGOMERY COUNTY,
or St. Mary's County, the
safety zone described in paragrap h (1) of this subsectio n extends for 50 yards from a
dwelling house, residence , church, or any other building or camp occupied by human beings.
-1-
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Ch. 443
2017 LAWS OF MARYLAND
For archery hunters in Anne Arundel County [or Montgomery
(ii)
County], the safety zone described in paragraph (1) of this subsection extends for 100 yards
from a dwelling house, residence, church, or any other building or camp occupied by human
beings.
During any open hunting season, a person, other than the owner or
(4)
occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone
without the specific advance permission of the owner or occupant.
(5)
In Harford County
OR MONTGOMERY COUNTY,
an archery hunter
shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a
dwelling house, residence, church, public or nonpublic school, or other building or camp
occupied by human beings.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2017.
Approved
by
the Governor,
May
4, 2017.
-2-
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ROCKVILLE, MARYLAND
MEMORANDUM
September 18, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget~
Alexandre A. Espinosa, Director, Department of Financtt,--
~
l)
SUBJECT:
FEIS for Bill No. 30-17, Weapons-Discharge of Bows, Amendments
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:mc
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
David Platt, Department of Finance
Dennis Hetman, Department of Finance
Robert Hagedoom, Department of Finance
Rich Harris, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
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Fiscal Imp act Statement
Bill 30-17 Weapons-Discharge of Bows-Amendments
1. Legi slati ve Summary
The prop osed legislation wou ld reduce from 100 yards to 50
yards the distance from a
build ing that an individual can legally discharge a bow .. The
purp ose of this bill is to
conf orm with State law, whic h was ame nded by the General Asse
mbly in the 2017
legis lativ e session.
2. An estim ate of changes
in
County revenues and expenditu
res regardless of whether the
reve nues or expenditures are assumed in the recommended or
approved budget. Inc~udes
source of information, assumptions, and methodologies used.
Bill 30-1 7 is not estimated to change Cou nty revenues or expe
nditures.
3. Reve nue and expenditure estimates covering at least the next
6 fiscal years.
The prop osed bill does not have an impa ct on revenues or expe
nditures.
4. An actu arial analysis through the entire amortization perio
d for each bill that would affec t
retiree pens ion or group insurance costs.
·
Not applicable. Bill 30-17 does not have an impa ct on pens ion
or insurance costs.
5.
An
estim ate of expenditures related to Cou nty's informati
on tech nolo gy (IT) systems,
inclu ding Enterprise Resource Planning (ERP) systems.
Not applicable.
6. Late r actio ns that may affect future reve nue and expenditu
res if the bill authorizes future
spending.
Not applicable. Bill 30-17 does not authorize future spending
.
7.
An
estim ate of the staff time needed to impl eme nt the hill.
No staff time is needed to impl eme nt Bill 30-17.
8.
An
expl anat ion of how the addition of new staff responsibiliti
es wou ld affect other duties.
Non e
9.
An
estim ate of costs when an additional appropriation is need
ed.
Not applicable.
10. A desc ripti on of any variable that could affect reve nue and
cost estimates.
Not applicable.
11. Rang es ofre venu e or expenditures that are uncertain or diffi
cult to proje
Not applicable.
12.
If
a bill is likel y to have no fiscal impact, why that is the case
.
Bill 30-1 7 concerns the discharge of a bow , whic h will not have
a fiscal impa ct on the
County.
ct.
(j)
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13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred
with
this analysis:
Capt. Michael Wahl, Montgomery County Police Department
Neil Shorb, Montgomery County Police Department
Richard Harris, Office of Management and Budget
Date
(j)
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Economic Impact Statement
Bill 30-17, Weapons
-
Discharge of Bows
-
Amendments
Background:
Bill 30-17 would reduce the safety zone for archery hunters in the County. Chapter 443 of the
2017 Laws of Maryland (HB 313), enacted by the General Assembly in the last legislative
session, reduced the safety zone in the County prohibiting bow hunting within 100 yards of a
building designed for human occupancy without the owner's consent to within 50 yards of a
building.. The State law also added a requirement that a bow hunter discharging a bow within 50
to 100 yards of a building do so using a tree stand. County Code §57-6 prohibits bow hunting
within 100 yards of a building designed for human occupancy. Bill 30-17 would make the
County law consistent with the amended State law by referencing this State law.
1.
The sources of information, assumptions, and methodologies used.
This legislation does not have an economic impact as it codifies the County law to be
consistent with the recently amended State law. There will be no economic impact to
employment, spending, savings, investment, incomes, and property values as a result of this
Bill.
.
2. A description of any variable that could affect the economic impact estimates.
This legislation does not have an economic impact.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values
in
the County.
Please see the answer to question 1.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see the answer to question 1.
5. The following contributed
to
or concurred with this analysis:
David Platt, Dennis Hetman, and Robert Hagedoom, Finance.
Alexandre
A.
Espinosa, Director
Department of Finance
Date
(j)
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Testimony in Support of Expedited Bill 30-17,
Weapons -Discharge ofBows -Amendments
Dr. C. Mark Eakin, Director of Animal Connection Deer Management Team
Good afternoon. I'm Dr. Mark Eakin of Colesville, MD, director of the Animal
Connection Deer Management Team. We are all too well aware that the number of
whitetail deer has skyrocketed in this area and continues to climb. Without enough
predators, populations grow unchecked. Research indicates the deer population along the
eastern seaboard is ten times higher than when Columbus arrived. County wildlife
managers have reported well over 200 per square mile in some areas, when healthy levels
are around 20-30 deer per square mile. These levels are unhealthy for the deer, have led
to increased deer-car collisions, greater damage to landscape and garden vegetation, and
increasing incidences of Lyme disease.
The deer population levels we are seeing in Montgomery County are not natural. As I
don't expect there's much great interest in reintroducing wolves and mountain lions
around here, it leaves people as the only practical means of controlling deer herds.
In its larger parks, Montgomery County uses managed shotgun hunts and sharpshooters
to reduce deer populations. These aren't practical in smaller parks or on most private
lands. Bowhunting is a practical and effective in these cases. This is why Animal
Connections is one of two teams working with Montgomery Parks to use bowhunting to
manage deer populations in two smaller stream valley parks. Unlike managed hunts and
sharpshooters costing $400-$1,000 per deer, our services are free.
Since 2005, our volunteer bowhunters have safely reduced deer herds for Montgomery
County residents. The 6-10 hunters on our team have removed over 600 deer from
neighborhoods in southern Rockville and Potomac with a perfect safety record - and
there are other teams like ours in the area.
But, the 100 yard "safety zone" inside which all residents must give advance permission
for bowhunting to take place impairs our ability to help homeovvners with their deer
problems. The State of Maryland, at Montgomery County's urging, has now reduced this
safety zone for archery from elevated tree-stands to 50 yards in Montgomery County.
However, the Montgomery County regulation on discharge of bows has not yet been
changed to match the new Maryland law. In contrast to firearms, bowhunting is a short-
range activity, with most shots being taken within 20 yards of the hunter. The new
Maryland 50-yard "safety zone" for archery only applies when bowhunters are shooting
downward from an elevated tree stand. Adding to the safety of the activity and stopping
arrows immediately after they pass through the deer.
We find that at least one in ten Montgomery County homeowners is opposed to hunting,
making it nearly impossible to gain permission in most of the county with 1/4 to 1/3 acre
lots. Even in communities with large undeveloped woodland tracts, it is often impossible
to gain the permissions needed to control deer through bowhunting. In the attached
figures, you will see two potential scenarios for a private wooded area. The current 100-
yard limit requires permission from 12 neighbors for the owner of this large wooded lot
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to use our services - despite the fact that most of these neighbors would never even know
we were there. Maryland has now reduced the safety zone for bowhunting from an
elevated tree stand to a much more reasonable 50-yard limit. Bill 30-17 would align the
County regulation to that passed by Maryland, and allow this property owner to use our
services to control deer on their private land.
100 yard "safety zone"
50 yard "safety zone"
It
is clear that bowhunting is a safe and effective way to deal with the expanding deer
population in Montgomery County. Adjusting the County regulations to match the new
Maryland law will allow your residents to safely and effectively manage deer
populations.
My thanks to the County Council for addressing this disparity between State and County
regulations. I encourage you all to support Expedited Bill 30-17.
Thank you.
®
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AGRIC ULTUR AL ADVIS ORY COMM ITTEE
September 18,201 7
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
Dear Council President Berliner:
Expedited Bill 30-17 Weapons-Discharge of Bows
On behalf of the Montgomery County Agricultural Advisory Committee-AAC we want to thank
the County Council for this opportunity to provide our comments in support of Expedited Bill
30-17 Weapons-Discharge of Bows.
The Agricultural Advisory Committee participated in the 2017 Maryland Legislative Session and
provided testimony in support of House Bill 313 which provided the State enabling legislation to
reduce the safety zone distance for bow hunting in the County.
This Expedited Bill will provide an additional tool for bow hunters to harvest more deer in the
County by reducing the safety distance from 75 yards to 50 yards.
Thank you again for the considering the views of the AAC on this Expedited Bill 30-17.
Sincerely,
Doug Lechlider, Vice Chairman of the AAC
Cc: Isiah Leggett, County Executive
Agricul tural Service s
18410 Muncaste r Road
·
wwv..
mon tgomery co u ntymd. gov/ agsen ices
Derwood . Mar,Iand
20855
·
301-590- 2823
·
FAX 301-590- 2839
@
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PS Item 3
September 25, 2017
Worksession
MEMORANDUM
September 21, 2017
TO:
FROM:
Public Safety Committee
Robert
H.
Drummer, Senior Legislative Attome~~
Worksession:
Expedited Bill 30-17, Weapons - Discharge of Bows - Amendments
SUBJECT:
Expedited Bill 30-17, Weapons - Discharge of Bows - Amendments, sponsored by Lead
Sponsor Council President Berliner, Councilmembers Leventhal, Katz, Rice, Elrich, Council Vice
President Riemer, and Councilmembers Navarro, Rucker, and Floreen, was introduced on
September 12, 2017. A public hearing was held on September 19.
Bill 30-17 would reduce the safety zone for archery hunters in the County.
Background
Chapter 443 of the 201 7 Laws of Maryland (HB 313 ), enacted by the General Assembly
in the last legislative session, reduced the safety zone in the County prohibiting bow hunting within
100 yards of a building designed for human occupancy without the owner's consent to within 50
yards of a building. See ©4-5. The State law also added a requirement that a bow hunter
discharging a bow within 50 to 100 yards of a building do so using a tree stand.
County Code §57-6 prohibits bow hunting within 100 yards of a building designed for
human occupancy. Bill 30-17 would make the County law consistent with the amended State law
by referencing this State law. 0MB estimated that the Bill would have no fiscal or economic
impact on the County. See ©6-9.
Public Hearing
Both speakers, Peggy Dennis, representing the Montgomery County Civic Federation and
Dr. Mark Eakin, representing the Animal Connection Deer Management Team (©10-11),
supported the Bill. They both pointed to the County's overpopulation of deer and the safety of
bow hunting in Maryland and Virginia. Dr. Eakin testified that an archery hunter would need to
be shooting down within 20 yards of the deer, and that his group of hunters has removed over 600
deer in southern Rockville and Potomac with a perfect safety record. The Agricultural Advisory
Committee submitted written testimony in support of the Bill. See, ©12.
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Issues
1. Is the County required to be consistent with State law?
Md. Nat'l Resources Code, § 10-41 0(g) establishes statewide safety zones where hunting a
bird or mammal is prohibited near a "dwelling house, residence, church, or any other building or
camp occupied by human beings" without the prior permission of the owner or occupant of the
property. The County would be preempted by this State law from permitting hunting within the
State safety zone because the County law would conflict with the State law by permitting an
activity that was expressly prohibited by State law.
However, the County's larger safety zone does not conflict with the State safety zone. Both
laws are intended to serve the same purpose - protection of residents from accidental injuries
caused by hunting. In this case, the County and the State have concurrent authority to legislate in
this area if the County law does not frustrate the purpose of the State law. See,
City of Baltimore
v. Sitnick,
254 Md. 303 (1969), where the Court held that a higher City minimum wage did not
conflict with a lower State minimum wage. A County law providing additional safety to residents
does not conflict with the State law with the same purpose.
2. Should the Bill be enacted?
Reducing the safety zone from 100 yards to 50 yards would increase the ability of property
owners to use archery hunters to reduce the significant overpopulation of deer in the County.
Based upon the testimony, it would not increase the risk of injury to residents because a bow hunter
would be aiming at the ground from an elevated stand within 20 yards of the deer. A miss would
go into the ground. The overpopulation of deer has increased deer-car collisions in the County.
Council staff recommendation:
approve the Bill as introduced.
This packet contains:
Expedited Bill 30-17
Legislative Request Report
State Law HB 313
Fiscal and Economic Impact statement
Testimony of Dr. Eakin
Letter from the Agricultural Advisory Committee
Circle#
1
3
4
6
10
12
F:\LA W\BILLS\1730 Weapons, Bow Hunting Safety Zone\PS Memo.Docx
2
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30-17
Expedited Bill No.
Concerning: Weapons - Discharge of
Bows - Amendments
Revised: August
25, 2017
Draft No.
_1_
September
12, 2017
Introduced:
March
12 2019
Expires:
Enacted: _ _ _ _ _ _ _ _ __
Executive: _ _ _ _ _ _ _ __
Effective: _ _ _ _ _ _ _ _ __
Sunset Date: -'-'-N=on=e'--------
Ch. _ _, Laws of Mont. Co. _ __
COUNTY COUNCIL
FOR MONTGOMERY COUNTY, MARYLAND
Lead Sponsor: Council President Berliner, Councilmembers Leventhal, Katz, Rice, Elrich, Council
Vice President Riemer, and Councilmembers Navarro, Bucker, and Floreen
AN EXPEDITED ACT
to:
reduce the safety zone for archery hunters in the County; and
(1)
generally amend the laws governing the discharge of bows.
(2)
By amending
Montgomery County Code
Chapter 57, Weapons
Section 57-6
Boldface
Underlining
[Single boldface brackets]
Double underlining
[[Double boldface brackets]]
* * *
Heading or defined term.
Added to existing law by original bill.
Deleted.from 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. 30-17
1
2
Sec.
1.
Section 57-6 is amended as follows:
57-6. Discharge of bows.
(a)
3
4
Prohibition.
A person must not discharge a bow
in
the County:
( 1)
(2)
from, onto, or across a public road;
[into or within 100 yards of] in violation of the archery hunting
safety zone established
in
Md. Code, Natural Resources, § 10-410,
as amended, surrounding a building or camp designed for human
occupancy without the owner or occupant's written consent; or
(3)
from, onto, or across public or private property without the owner
or occupant's written consent;
5
6
7
8
9
10
11
12
(b)
Exception.
Subsection (a) does not apply to target archery practiced in
compliance with safety guidelines established in regulations adopted
under method (2).
13
14
15
16
Sec. 2.
Expedited Effective Date.
The Council declares that this legislation 1s necessary for the immediate
protection of the public interest. This Act takes effect on the date on which it becomes
law.
Approved:
17
18
19
RogerBerliner, President, County Council
Date
20
Approved:
21
Isiah Leggett, County Executive
22
Date
This is a correct copy ofCouncil action.
23
Linda M. Lauer, Clerk of the Council
Date
0
f:\law\bills\1730 weapons, bow hunting safety zone\bill 1.docx
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LEGISLATIVE REQUEST REPORT
Expedited Bill 30-17
Weapons
-
Discharge of Bows
-
Amendments
DESCRIPTION:
County Code §57-6 prohibits bow hunting within 100 yards of a
building designed for human occupancy. Bill 30-17 would make the
County law consistent with the recently amended State law by
referencing this State law.
Chapter 443 of the 2017 Laws of Maryland (HB 313), enacted by the
General Assembly in the last legislative session, reduced the safety
zone in the County prohibiting bow hunting within 100 yards of a
building designed for human occupancy without the owner's consent
to within 50 yards of a building. The State law also added a
requirement that a bow hunter discharging a bow within 50 to 100
yards of a building do so using a tree stand. County law is now
inconsistent with the State law.
To amend County law to be consistent with the recently amended State
law.
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
F:\LAW\BILLS\1730 Weapons, Bow Hunting Safety Zone\LRR.Docx
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LAWREN CE
J.
HOGAN,
JR.,
Governor
Chapter 443
(House Bill 313)
AN ACT concernin g
Montgom ery County -Archer y Hunting - Safety Zone
Ch.443
MC 10-17
FOR the purpose of altering the size of the safety zone for archery hunters in Montgom ery
County within which archery hunting may not take place except under certain
circumsta nces; requiring archery hunters in Montgom ery County to use a tree stand
when hunting certain animals within a certain distance of certain buildings ; and
generally relating to archery hunting in Montgom ery County.
BY repealing and reenactin g, with amendme nts,
Article - Natural Resource s
Section 10-41 0(g)
Annotate d Code of Maryland
(2012 Replacem ent Volume and 2016 Suppleme nt)
SECTION
1.
BE IT ENACTE D BY THE GENERA L ASSEMB LY OF MARYLAND,
That the Laws of Maryland read as follows:
Article - Natural Resourc es
10-410.
Except as provided in paragrap hs (2) and (3) of this subsection, a
(1)
(g)
person, other than the owner or occupant , while hunting for any wild bird or mammal 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, or shoot at any wild bird or mammal while it is within this area, without
the specific advance permissio n of the owner or occupant.
A person, while hunting for any wild bird or mammal, may not shoot or
(2)
discharge any firearm within 300 yards of a public or nonpublic school during school hours
or at a time when a school-ap proved activity is taking place.
For archery hunters in Calvert County, Carroll County,
(i)
(3)
Frederick County, Harford County,
MONTGOMERY COUNTY,
or St. Mary's County, the
safety zone described in paragrap h (1) of this subsectio n extends for 50 yards from a
dwelling house, residence , church, or any other building or camp occupied by human beings.
-1-
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Ch. 443
2017 LAWS OF MARYLAND
For archery hunters in Anne Arundel County [or Montgomery
(ii)
County], the safety zone described in paragraph (1) of this subsection extends for 100 yards
from a dwelling house, residence, church, or any other building or camp occupied by human
beings.
During any open hunting season, a person, other than the owner or
(4)
occupant, may not hunt or chase willfully any wild bird or mammal within the safety zone
without the specific advance permission of the owner or occupant.
(5)
In Harford County
OR MONTGOMERY COUNTY,
an archery hunter
shall use a tree stand when hunting any wild bird or mammal within 50 to 100 yards of a
dwelling house, residence, church, public or nonpublic school, or other building or camp
occupied by human beings.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2017.
Approved
by
the Governor,
May
4, 2017.
-2-
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ROCKVILLE, MARYLAND
MEMORANDUM
September 18, 2017
TO:
FROM:
Roger Berliner, President, County Council
Jennifer A. Hughes, Director, Office of Management and Budget~
Alexandre A. Espinosa, Director, Department of Financtt,--
~
l)
SUBJECT:
FEIS for Bill No. 30-17, Weapons-Discharge of Bows, Amendments
Please find attached the fiscal and economic impact statements for the above-
referenced legislation.
JAH:mc
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
David Platt, Department of Finance
Dennis Hetman, Department of Finance
Robert Hagedoom, Department of Finance
Rich Harris, Office of Management and Budget
Felicia Zhang, Office of Management and Budget
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Fiscal Imp act Statement
Bill 30-17 Weapons-Discharge of Bows-Amendments
1. Legi slati ve Summary
The prop osed legislation wou ld reduce from 100 yards to 50
yards the distance from a
build ing that an individual can legally discharge a bow .. The
purp ose of this bill is to
conf orm with State law, whic h was ame nded by the General Asse
mbly in the 2017
legis lativ e session.
2. An estim ate of changes
in
County revenues and expenditu
res regardless of whether the
reve nues or expenditures are assumed in the recommended or
approved budget. Inc~udes
source of information, assumptions, and methodologies used.
Bill 30-1 7 is not estimated to change Cou nty revenues or expe
nditures.
3. Reve nue and expenditure estimates covering at least the next
6 fiscal years.
The prop osed bill does not have an impa ct on revenues or expe
nditures.
4. An actu arial analysis through the entire amortization perio
d for each bill that would affec t
retiree pens ion or group insurance costs.
·
Not applicable. Bill 30-17 does not have an impa ct on pens ion
or insurance costs.
5.
An
estim ate of expenditures related to Cou nty's informati
on tech nolo gy (IT) systems,
inclu ding Enterprise Resource Planning (ERP) systems.
Not applicable.
6. Late r actio ns that may affect future reve nue and expenditu
res if the bill authorizes future
spending.
Not applicable. Bill 30-17 does not authorize future spending
.
7.
An
estim ate of the staff time needed to impl eme nt the hill.
No staff time is needed to impl eme nt Bill 30-17.
8.
An
expl anat ion of how the addition of new staff responsibiliti
es wou ld affect other duties.
Non e
9.
An
estim ate of costs when an additional appropriation is need
ed.
Not applicable.
10. A desc ripti on of any variable that could affect reve nue and
cost estimates.
Not applicable.
11. Rang es ofre venu e or expenditures that are uncertain or diffi
cult to proje
Not applicable.
12.
If
a bill is likel y to have no fiscal impact, why that is the case
.
Bill 30-1 7 concerns the discharge of a bow , whic h will not have
a fiscal impa ct on the
County.
ct.
(j)
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13. Other fiscal impacts or comments.
Not applicable.
14. The following contributed to and concurred
with
this analysis:
Capt. Michael Wahl, Montgomery County Police Department
Neil Shorb, Montgomery County Police Department
Richard Harris, Office of Management and Budget
Date
(j)
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Economic Impact Statement
Bill 30-17, Weapons
-
Discharge of Bows
-
Amendments
Background:
Bill 30-17 would reduce the safety zone for archery hunters in the County. Chapter 443 of the
2017 Laws of Maryland (HB 313), enacted by the General Assembly in the last legislative
session, reduced the safety zone in the County prohibiting bow hunting within 100 yards of a
building designed for human occupancy without the owner's consent to within 50 yards of a
building.. The State law also added a requirement that a bow hunter discharging a bow within 50
to 100 yards of a building do so using a tree stand. County Code §57-6 prohibits bow hunting
within 100 yards of a building designed for human occupancy. Bill 30-17 would make the
County law consistent with the amended State law by referencing this State law.
1.
The sources of information, assumptions, and methodologies used.
This legislation does not have an economic impact as it codifies the County law to be
consistent with the recently amended State law. There will be no economic impact to
employment, spending, savings, investment, incomes, and property values as a result of this
Bill.
.
2. A description of any variable that could affect the economic impact estimates.
This legislation does not have an economic impact.
3. The Bill's positive or negative effect, if any on employment, spending, savings,
investment, incomes, and property values
in
the County.
Please see the answer to question 1.
4.
If
a Bill is likely to have no economic impact, why is that the case?
Please see the answer to question 1.
5. The following contributed
to
or concurred with this analysis:
David Platt, Dennis Hetman, and Robert Hagedoom, Finance.
Alexandre
A.
Espinosa, Director
Department of Finance
Date
(j)
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Testimony in Support of Expedited Bill 30-17,
Weapons -Discharge ofBows -Amendments
Dr. C. Mark Eakin, Director of Animal Connection Deer Management Team
Good afternoon. I'm Dr. Mark Eakin of Colesville, MD, director of the Animal
Connection Deer Management Team. We are all too well aware that the number of
whitetail deer has skyrocketed in this area and continues to climb. Without enough
predators, populations grow unchecked. Research indicates the deer population along the
eastern seaboard is ten times higher than when Columbus arrived. County wildlife
managers have reported well over 200 per square mile in some areas, when healthy levels
are around 20-30 deer per square mile. These levels are unhealthy for the deer, have led
to increased deer-car collisions, greater damage to landscape and garden vegetation, and
increasing incidences of Lyme disease.
The deer population levels we are seeing in Montgomery County are not natural. As I
don't expect there's much great interest in reintroducing wolves and mountain lions
around here, it leaves people as the only practical means of controlling deer herds.
In its larger parks, Montgomery County uses managed shotgun hunts and sharpshooters
to reduce deer populations. These aren't practical in smaller parks or on most private
lands. Bowhunting is a practical and effective in these cases. This is why Animal
Connections is one of two teams working with Montgomery Parks to use bowhunting to
manage deer populations in two smaller stream valley parks. Unlike managed hunts and
sharpshooters costing $400-$1,000 per deer, our services are free.
Since 2005, our volunteer bowhunters have safely reduced deer herds for Montgomery
County residents. The 6-10 hunters on our team have removed over 600 deer from
neighborhoods in southern Rockville and Potomac with a perfect safety record - and
there are other teams like ours in the area.
But, the 100 yard "safety zone" inside which all residents must give advance permission
for bowhunting to take place impairs our ability to help homeovvners with their deer
problems. The State of Maryland, at Montgomery County's urging, has now reduced this
safety zone for archery from elevated tree-stands to 50 yards in Montgomery County.
However, the Montgomery County regulation on discharge of bows has not yet been
changed to match the new Maryland law. In contrast to firearms, bowhunting is a short-
range activity, with most shots being taken within 20 yards of the hunter. The new
Maryland 50-yard "safety zone" for archery only applies when bowhunters are shooting
downward from an elevated tree stand. Adding to the safety of the activity and stopping
arrows immediately after they pass through the deer.
We find that at least one in ten Montgomery County homeowners is opposed to hunting,
making it nearly impossible to gain permission in most of the county with 1/4 to 1/3 acre
lots. Even in communities with large undeveloped woodland tracts, it is often impossible
to gain the permissions needed to control deer through bowhunting. In the attached
figures, you will see two potential scenarios for a private wooded area. The current 100-
yard limit requires permission from 12 neighbors for the owner of this large wooded lot
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to use our services - despite the fact that most of these neighbors would never even know
we were there. Maryland has now reduced the safety zone for bowhunting from an
elevated tree stand to a much more reasonable 50-yard limit. Bill 30-17 would align the
County regulation to that passed by Maryland, and allow this property owner to use our
services to control deer on their private land.
100 yard "safety zone"
50 yard "safety zone"
It
is clear that bowhunting is a safe and effective way to deal with the expanding deer
population in Montgomery County. Adjusting the County regulations to match the new
Maryland law will allow your residents to safely and effectively manage deer
populations.
My thanks to the County Council for addressing this disparity between State and County
regulations. I encourage you all to support Expedited Bill 30-17.
Thank you.
®
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AGRIC ULTUR AL ADVIS ORY COMM ITTEE
September 18,201 7
The Honorable Roger Berliner
Montgomery County Council President
100 Maryland Avenue
Rockville, MD 20850
Dear Council President Berliner:
Expedited Bill 30-17 Weapons-Discharge of Bows
On behalf of the Montgomery County Agricultural Advisory Committee-AAC we want to thank
the County Council for this opportunity to provide our comments in support of Expedited Bill
30-17 Weapons-Discharge of Bows.
The Agricultural Advisory Committee participated in the 2017 Maryland Legislative Session and
provided testimony in support of House Bill 313 which provided the State enabling legislation to
reduce the safety zone distance for bow hunting in the County.
This Expedited Bill will provide an additional tool for bow hunters to harvest more deer in the
County by reducing the safety distance from 75 yards to 50 yards.
Thank you again for the considering the views of the AAC on this Expedited Bill 30-17.
Sincerely,
Doug Lechlider, Vice Chairman of the AAC
Cc: Isiah Leggett, County Executive
Agricul tural Service s
18410 Muncaste r Road
·
wwv..
mon tgomery co u ntymd. gov/ agsen ices
Derwood . Mar,Iand
20855
·
301-590- 2823
·
FAX 301-590- 2839
@