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.
STATE OF NEW YORK
________________________________________________________________________
5984
2013-2014 Regular Sessions
IN SENATE
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:
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 § 2. Subdivision 15 of section 11-0901 of the environmental conserva-
10 tion law, as amended by chapter 483 of the laws of 2010, is amended to
11 read as follows:
12 15. Notwithstanding any inconsistent provision of this section, the
13 department may adopt regulations to allow the taking of big game or
14 small game by the use of a [long] bow equipped with a mechanical device
15 for holding and releasing the bowstring, attached to the handle section
16 of an otherwise legal [long] bow, or by the use of a crossbow, to any
17 physically disabled person [with a physical disability] who is perma-
18 nently physically incapable of drawing and holding a [long] bow because
19 of a physical handicap or disability, subject to such restrictions as
20 the department may adopt by regulation. For the purpose of this subdivi-
21 sion, [a person with a physical disability] "physically disabled person"
22 shall mean any person who submits to the department a statement of a
23 physician duly licensed to practice medicine that such person is phys-
24 ically incapable of arm movement sufficient to [draw, hold and] release
25 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
1 otherwise defined in department [regulation] regulations. [The depart-
2 ment is authorized to adopt regulations requiring documentation to
3 establish that an applicant is eligible to use a mechanical device
4 pursuant to this subdivision.]
5 § 3. Subdivision 15 of section 11-0901 of the environmental conserva-
6 tion law, as amended by chapter 81 of the laws of 1988, is amended to
7 read as follows:
8 15. Notwithstanding any inconsistent provision of this section, the
9 department may [issue a permit] adopt regulations to [take] allow the
10 taking of big game or small game by the use of a bow equipped with a
11 mechanical device for holding and releasing the bowstring, attached to
12 the handle section of an otherwise legal bow, or by the use of a cross-
13 bow, to any physically disabled person who is permanently physically
14 incapable of drawing and holding a bow because of a physical handicap or
15 disability, subject to such restrictions as the department may [deem
16 necessary in the interest of public safety] adopt by regulation. For the
17 purpose of this subdivision, "physically disabled person" shall mean any
18 person who submits to the department a statement of a physician duly
19 licensed to practice medicine that such person is physically incapable
20 of arm movement sufficient to release a bow as defined in subdivision
21 four of this section or as otherwise defined in department regulations.
22 § 4. This act shall take effect on the first of November next succeed-
23 ing the date on which it shall have become a law, provided that the
24 amendments to subdivision 15 of section 11-0901 of the environmental
25 conservation law made by section two of this act shall be subject to the
26 expiration and reversion of such paragraph pursuant to section 4 of
27 chapter 483 of the laws of 2010, when upon such date the provisions of
28 section three of this act shall take effect.
