Bill Text: NY S05984 | 2013-2014 | 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: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO ENVIRONMENTAL CONSERVATION [S05984 Detail]

Download: New_York-2013-S05984-Introduced.html

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                           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:
    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.
                                                                  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    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.