Bill S5984-2013

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

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.

Details

Actions

  • Jan 8, 2014: REFERRED TO ENVIRONMENTAL CONSERVATION
  • Nov 13, 2013: REFERRED TO RULES

Memo

BILL NUMBER:S5984

TITLE OF BILL: An act to amend the environmental conservation law, in relation to the use of a mechanically equipped bow by disabled persons

PURPOSE OR GENERAL IDEA OF BILL:

This bill would allow a physically handicapped person to use a crossbow while hunting big and small game, provided that they submit their disability to the department of Environmental Conservation.

SUMMARY OF SPECIFIC PROVISIONS:

Notwithstanding any inconsistent provision of this section, the department may adopt regulations to allow the taking of big game or small game by the use of a bow equipped with a mechanical device for holding and releasing the bowstring, attached to the handle section of an otherwise legal bow, or by the use of a crossbow, to any physically disabled person who is permanently incapable of drawing and holding a bow because of a physical handicap or disability, such to such restrictions as the department may adopt by regulation. For the purpose of this subdivision, "physically disabled person" shall mean any person who submits to the department a statement of a physician duly licenses to practice medicine that such person is physically incapable of arm movement sufficient to release a bow as defined in subdivision four of this section or as otherwise defined in department regulations.

JUSTIFICATION:

Currently, hunting with a crossbow is not permitted in the state of New York unless the department has issued to a severely physically disabled person a permit to take big game or small game by use of such an instrument. This law would loosen up the restrictions on the crossbow so that modified bow permit holders may elect to use a crossbow as their apparatus of choice.

LEGISLATIVE HISTORY:

S.4359 of 2005/2006 S.709 of 2007/2008 S.2943 of 2009/2010 S.2973 of 2011/2012

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the first of November next succeeding the date on which it shall have become a law, with provisions.


Text

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: Section 1. Paragraph g of subdivision 3 of section 11-0901 of the environmental conservation law, as amended by chapter 34 of the laws of 1979, is amended to read as follows: g. [Wildlife] EXCEPT AS PROVIDED IN SUBDIVISIONS FIFTEEN AND SIXTEEN OF THIS SECTION, WILDLIFE shall not be taken by the use of a cross-bow, by a long bow drawn, pulled, released, or held in a drawn position by any mechanical device attached to a portion of the bow other than the bowstring, or by the use of a device commonly called a spear gun. S 2. Subdivision 15 of section 11-0901 of the environmental conserva- tion law, as amended by chapter 483 of the laws of 2010, is amended to read as follows: 15. Notwithstanding any inconsistent provision of this section, the department may adopt regulations to allow the taking of big game or small game by the use of a [long] bow equipped with a mechanical device for holding and releasing the bowstring, attached to the handle section of an otherwise legal [long] bow, OR BY THE USE OF A CROSSBOW, to any PHYSICALLY DISABLED person [with a physical disability] who is PERMA- NENTLY physically incapable of drawing and holding a [long] bow because of a physical HANDICAP OR disability, subject to such restrictions as the department may adopt by regulation. For the purpose of this subdivi- sion, [a person with a physical disability] "PHYSICALLY DISABLED PERSON" shall mean any person who submits to the department a statement of a physician duly licensed to practice medicine that such person is phys- ically incapable of arm movement sufficient to [draw, hold and] release a [long] bow as defined in subdivision [4] FOUR of this section or as
otherwise defined in department [regulation] REGULATIONS. [The depart- ment is authorized to adopt regulations requiring documentation to establish that an applicant is eligible to use a mechanical device pursuant to this subdivision.] S 3. Subdivision 15 of section 11-0901 of the environmental conserva- tion law, as amended by chapter 81 of the laws of 1988, is amended to read as follows: 15. Notwithstanding any inconsistent provision of this section, the department may [issue a permit] ADOPT REGULATIONS to [take] ALLOW THE TAKING OF big game or small game by the use of a bow equipped with a mechanical device for holding and releasing the bowstring, attached to the handle section of an otherwise legal bow, OR BY THE USE OF A CROSS- BOW, to any PHYSICALLY DISABLED person who is permanently physically incapable of drawing and holding a bow because of a physical handicap or disability, subject to such restrictions as the department may [deem necessary in the interest of public safety] ADOPT BY REGULATION. FOR THE PURPOSE OF THIS SUBDIVISION, "PHYSICALLY DISABLED PERSON" SHALL MEAN ANY PERSON WHO SUBMITS TO THE DEPARTMENT A STATEMENT OF A PHYSICIAN DULY LICENSED TO PRACTICE MEDICINE THAT SUCH PERSON IS PHYSICALLY INCAPABLE OF ARM MOVEMENT SUFFICIENT TO RELEASE A BOW AS DEFINED IN SUBDIVISION FOUR OF THIS SECTION OR AS OTHERWISE DEFINED IN DEPARTMENT REGULATIONS. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law, provided that the amendments to subdivision 15 of section 11-0901 of the environmental conservation law made by section two of this act shall be subject to the expiration and reversion of such paragraph pursuant to section 4 of chapter 483 of the laws of 2010, when upon such date the provisions of section three of this act shall take effect.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Discuss!

blog comments powered by Disqus