senate Bill S2973

2011-2012 Legislative Session

Provides that disabled persons may utilize a crossbow in the taking of big game or small game, provided that they submit their disability status to the department

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Archive: Last Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 18, 2012 referred to environmental conservation
delivered to assembly
passed senate
ordered to third reading cal.1273
committee discharged and committed to rules
Jan 04, 2012 referred to environmental conservation
returned to senate
died in assembly
Jun 20, 2011 referred to environmental conservation
delivered to assembly
passed senate
ordered to third reading cal.1369
Jun 17, 2011 committee discharged and committed to rules
Feb 04, 2011 referred to environmental conservation

Votes

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Jun 18, 2012 - Rules committee Vote

S2973
21
0
committee
21
Aye
0
Nay
2
Aye with Reservations
0
Absent
2
Excused
0
Abstained
show Rules committee vote details

Jun 17, 2011 - Rules committee Vote

S2973
20
0
committee
20
Aye
0
Nay
4
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Rules committee vote details

Co-Sponsors

S2973 - Bill Details

See Assembly Version of this Bill:
A469
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง11-0901, En Con L
Versions Introduced in 2009-2010 Legislative Session:
S2943, A740

S2973 - Bill Texts

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Provides that disabled persons may utilize a crossbow in the taking of big game or small game, provided that they submit their disability status to the department.

view sponsor memo
BILL NUMBER:S2973

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to the use of a
mechanically equipped bow by disabled persons

PURPOSE OR GENERAL IDEA OF BILL:
This bill would allow a physically handicapped person to use a
crossbow while hunting big and small game, provided that they submit
their disability to the department of Environmental Conservation.

SUMMARY OF SPECIFIC PROVISIONS:
Notwithstanding any inconsistent provision of this section, the
department may 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
crossbow, to any physically disabled person who is permanently
incapable of drawing and holding a bow because of a physical
handicap or disability, such to such restrictions as the department
may 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 licenses 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.

JUSTIFICATION:
Currently, hunting with a crossbow is not permitted in the state of
New York unless the department has issued to a severely physically
disabled person a permit to take big game or small game by use of
such an instrument. This law would loosen up the restrictions on the
crossbow so that modified bow permit holders may elect to use a
crossbow as their apparatus of choice.

LEGISLATIVE HISTORY:
S.4359 of 2005/2006
S.709 of 2007/2008
S.2943 of 2009/2010

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding
the date on which it shall have become a law, with provisions.

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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2973

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 4, 2011
                               ___________

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 483 of the laws of 2010, is amended to
read as follows:
  15. Notwithstanding any inconsistent provision of  this  section,  the
department  may  adopt  regulations  to  allow the taking of big game or
small game by the use of a [long] bow equipped with a mechanical  device
for  holding and releasing the bowstring, attached to the handle section
of an otherwise legal [long] bow, OR BY THE USE OF A  CROSSBOW,  to  any
PHYSICALLY  DISABLED  person  [with a physical disability] who is PERMA-
NENTLY physically incapable of drawing and holding a [long] bow  because
of  a  physical  HANDICAP OR disability, subject to such restrictions as
the department may adopt by regulation. For the purpose of this subdivi-
sion, [a person with a physical disability] "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 phys-
ically incapable of arm movement sufficient to [draw, hold and]  release
a  [long]  bow  as defined in subdivision [4] FOUR of this section or as

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00555-01-1

S. 2973                             2

otherwise defined in department [regulation] REGULATIONS.  [The  depart-
ment  is  authorized  to  adopt  regulations  requiring documentation to
establish that an applicant is  eligible  to  use  a  mechanical  device
pursuant to this subdivision.]
  S  3. 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] ADOPT REGULATIONS to  [take]  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 4. This act shall take effect on the first of November next succeed-
ing  the  date  on  which  it shall have become a law, provided that the
amendments to subdivision 15 of section  11-0901  of  the  environmental
conservation law made by section two of this act shall be subject to the
expiration  and  reversion  of  such  paragraph pursuant to section 4 of
chapter 483 of the laws of 2010, when upon such date the  provisions  of
section three of this act shall take effect.

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