S T A T E   O F   N E W   Y O R K
________________________________________________________________________
                                   740
                       2009-2010 Regular Sessions
                          I N  A S S E M B L Y
                               (PREFILED)
                             January 7, 2009
                               ___________
Introduced  by M. of A. GUNTHER, MAGEE -- Multi-Sponsored by -- M. of A.
  CALHOUN, GIGLIO, ORTIZ, WEISENBERG -- read once and  referred  to  the
  Committee on Environmental Conservation
AN  ACT  to amend the environmental conservation law, in relation to the
  use of a mechanically equipped bow by disabled persons
  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:
  Section  1.  Paragraph  g  of  subdivision 3 of section 11-0901 of the
environmental conservation law, as amended by chapter 34 of the laws  of
1979, is amended to read as follows:
  g.  [Wildlife]  EXCEPT AS PROVIDED IN SUBDIVISIONS FIFTEEN AND SIXTEEN
OF THIS SECTION, WILDLIFE shall not be taken by the use of a  cross-bow,
by  a  long  bow drawn, pulled, released, or held in a drawn position by
any mechanical device attached to a portion of the bow  other  than  the
bowstring, or by the use of a device commonly called a spear gun.
  S  2. Subdivision 15 of section 11-0901 of the environmental conserva-
tion law, as amended by chapter 81 of the laws of 1988,  is  amended  to
read as follows:
  15.  Notwithstanding  any  inconsistent provision of this section, the
department may [issue a permit to take] ADOPT REGULATIONS TO  ALLOW  THE
TAKING  OF  big  game  or small game by the use of a bow equipped with a
mechanical device for holding and releasing the bowstring,  attached  to
the  handle section of an otherwise legal bow, OR BY THE USE OF A CROSS-
BOW, to any PHYSICALLY DISABLED person  who  is  permanently  physically
incapable of drawing and holding a bow because of a physical handicap or
disability,  subject  to  such  restrictions as the department may [deem
necessary in the interest of public safety] ADOPT BY REGULATION. FOR THE
PURPOSE OF THIS SUBDIVISION, "PHYSICALLY DISABLED PERSON" SHALL MEAN ANY
PERSON WHO SUBMITS TO THE DEPARTMENT A STATEMENT  OF  A  PHYSICIAN  DULY
LICENSED  TO  PRACTICE MEDICINE THAT SUCH PERSON IS PHYSICALLY INCAPABLE
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              
             
                          
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A. 740                              2
OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS  DEFINED  IN  SUBDIVISION
FOUR OF THIS SECTION OR AS OTHERWISE DEFINED IN DEPARTMENT REGULATIONS.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.