S T A T E O F N E W Y O R K
________________________________________________________________________
469
2011-2012 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 5, 2011
___________
Introduced by M. of A. GUNTHER, MAGEE -- Multi-Sponsored by -- M. of A.
CALHOUN, CUSICK, GIGLIO, ORTIZ -- 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 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00555-01-1
A. 469 2
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
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.