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
                                      ___________

       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:

    1    Section 1. Paragraph g of subdivision 3  of  section  11-0901  of  the
    2  environmental  conservation law, as amended by chapter 34 of the laws of
    3  1979, is amended to read as follows:
    4    g. [Wildlife] EXCEPT AS PROVIDED IN SUBDIVISIONS FIFTEEN  AND  SIXTEEN
    5  OF  THIS SECTION, WILDLIFE shall not be taken by the use of a cross-bow,
    6  by a long bow drawn, pulled, released, or held in a  drawn  position  by
    7  any  mechanical  device  attached to a portion of the bow other than the
    8  bowstring, or by the use of a device commonly called a spear gun.
    9    S 2. Subdivision 15 of section 11-0901 of the environmental  conserva-
   10  tion  law,  as  amended by chapter 81 of the laws of 1988, is amended to
   11  read as follows:
   12    15. Notwithstanding any inconsistent provision of  this  section,  the
   13  department  may  [issue a permit to take] ADOPT REGULATIONS TO ALLOW THE
   14  TAKING OF big game or small game by the use of a  bow  equipped  with  a
   15  mechanical  device  for holding and releasing the bowstring, attached to
   16  the handle section of an otherwise legal bow, OR BY THE USE OF A  CROSS-
   17  BOW,  to  any  PHYSICALLY  DISABLED person who is permanently physically
   18  incapable of drawing and holding a bow because of a physical handicap or
   19  disability, subject to such restrictions as  the  department  may  [deem
   20  necessary in the interest of public safety] ADOPT BY REGULATION. FOR THE
   21  PURPOSE OF THIS SUBDIVISION, "PHYSICALLY DISABLED PERSON" SHALL MEAN ANY
   22  PERSON  WHO  SUBMITS  TO  THE DEPARTMENT A STATEMENT OF A PHYSICIAN DULY
   23  LICENSED TO PRACTICE MEDICINE THAT SUCH PERSON IS  PHYSICALLY  INCAPABLE
   24  OF  ARM  MOVEMENT  SUFFICIENT TO RELEASE A BOW AS DEFINED IN SUBDIVISION
   25  FOUR OF THIS SECTION OR AS OTHERWISE DEFINED IN DEPARTMENT REGULATIONS.
   26    S 3. This act shall take effect on the first of November next succeed-
   27  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