Bill Text: NY A08329 | 2013-2014 | General Assembly | Amended

---

Bill Title: Relates to protecting wildlife and maintaining safety; necessitates written notification before a nuisance wildlife control operator undertakes any control measures.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-03 - reported referred to codes [A08329 Detail]

Download: New_York-2013-A08329-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        8329--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   December 18, 2013
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
         Committee on Environmental Conservation -- recommitted to the  Commit-
         tee  on Environmental Conservation in accordance with Assembly Rule 3,
         sec. 2 -- committee discharged, bill  amended,  ordered  reprinted  as
         amended and recommitted to said committee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         protecting wildlife while maintaining public safety
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section  11-0524 of the environmental conservation law is
    2  amended by adding four new subdivisions  6,  7,  8  and  9  to  read  as
    3  follows:
    4    6.  IF  AN  ANIMAL IS KILLED, IT SHALL BE DONE IN A MANNER THAT AVOIDS
    5  UNNECESSARY SUFFERING FOR THE ANIMAL WHILE PROTECTING PUBLIC SAFETY.
    6    7. BEFORE A NUISANCE WILDLIFE CONTROL OPERATOR UNDERTAKES ANY  CONTROL
    7  MEASURES,  A  NUISANCE  WILDLIFE  CONTROL OPERATOR SHALL PROVIDE, TO THE
    8  CLIENT, IN WRITING, THE FOLLOWING: (A) AN  ASSESSMENT  OF  THE  PROBLEM,
    9  INCLUDING  IDENTIFICATION  OF  POSSIBLE  CAUSES  OF THE PROBLEM; (B) THE
   10  METHODS AND PRACTICES THAT MAY BE USED TO RESOLVE THE PROBLEM;  AND  (C)
   11  AN ESTIMATE OF THE FEE TO BE CHARGED.
   12    8. THE DEPARTMENT SHALL KEEP A RECORD, FOR NO LESS THAN FIVE YEARS, OF
   13  ANY  WRITTEN  OR  ORAL  COMPLAINTS  RECEIVED BY THE DEPARTMENT AGAINST A
   14  NUISANCE WILDLIFE CONTROL OPERATOR AND SHALL DOCUMENT  ACTION  TAKEN  BY
   15  THE DEPARTMENT IN RESPONSE TO THE COMPLAINT.
   16    9.  THE  DEPARTMENT  IS AUTHORIZED TO PROMULGATE RULES AND REGULATIONS
   17  NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   18    S 2. This act shall take effect on the three hundred  sixty-fifth  day
   19  after  it  shall have become a law. Effective immediately, the addition,
   20  amendment and/or repeal of any rule  or  regulation  necessary  for  the
   21  implementation  of  this  act on its effective date are authorized to be
   22  made and completed on or before such effective date.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD11724-05-4