Bill Text: NY S02973 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 2973 (Prior Session Legislation)

Introduced

Bill Title: 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.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2012-06-18 - referred to environmental conservation [S02973 Detail]

Download: New_York-2011-S02973-Introduced.html

                           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:
    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 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.
                                                                  LBD00555-01-1
       S. 2973                             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    S  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    S 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.