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.
LBD00687-01-9
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.