Bill Text: NY A00469 | 2011-2012 | General Assembly | Introduced

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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: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to environmental conservation [A00469 Detail]

Download: New_York-2011-A00469-Introduced.html

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                           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:
    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-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00555-01-1
       A. 469                              2
    1  ically  incapable of arm movement sufficient to [draw, hold and] release
    2  a [long] bow as defined in subdivision [4] FOUR of this  section  or  as
    3  otherwise  defined  in department [regulation] REGULATIONS. [The depart-
    4  ment  is  authorized  to  adopt  regulations  requiring documentation to
    5  establish that an applicant is  eligible  to  use  a  mechanical  device
    6  pursuant to this subdivision.]
    7    S  3. Subdivision 15 of section 11-0901 of the environmental conserva-
    8  tion law, as amended by chapter 81 of the laws of 1988,  is  amended  to
    9  read as follows:
   10    15.  Notwithstanding  any  inconsistent provision of this section, the
   11  department may [issue a permit] ADOPT REGULATIONS to  [take]  ALLOW  THE
   12  TAKING  OF  big  game  or small game by the use of a bow equipped with a
   13  mechanical device for holding and releasing the bowstring,  attached  to
   14  the  handle section of an otherwise legal bow, OR BY THE USE OF A CROSS-
   15  BOW, to any PHYSICALLY DISABLED person  who  is  permanently  physically
   16  incapable of drawing and holding a bow because of a physical handicap or
   17  disability,  subject  to  such  restrictions as the department may [deem
   18  necessary in the interest of public safety] ADOPT BY REGULATION. FOR THE
   19  PURPOSE OF THIS SUBDIVISION, "PHYSICALLY DISABLED PERSON" SHALL MEAN ANY
   20  PERSON WHO SUBMITS TO THE DEPARTMENT A STATEMENT  OF  A  PHYSICIAN  DULY
   21  LICENSED  TO  PRACTICE MEDICINE THAT SUCH PERSON IS PHYSICALLY INCAPABLE
   22  OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS  DEFINED  IN  SUBDIVISION
   23  FOUR OF THIS SECTION OR AS OTHERWISE DEFINED IN DEPARTMENT REGULATIONS.
   24    S 4. This act shall take effect on the first of November next succeed-
   25  ing  the  date  on  which  it shall have become a law, provided that the
   26  amendments to subdivision 15 of section  11-0901  of  the  environmental
   27  conservation law made by section two of this act shall be subject to the
   28  expiration  and  reversion  of  such  paragraph pursuant to section 4 of
   29  chapter 483 of the laws of 2010, when upon such date the  provisions  of
   30  section three of this act shall take effect.