S T A T E O F N E W Y O R K
________________________________________________________________________
2943
2009-2010 Regular Sessions
I N S E N A T E
March 6, 2009
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Introduced by Sen. NOZZOLIO -- 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 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
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00687-01-9