Senate Bill S5984

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

                                  5984

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            November 13, 2013
                               ___________

Introduced  by Sen. NOZZOLIO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

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.
                                                           LBD01456-01-3
              

S. 5984                             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.