Bill Text: NY S07851 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-06-20 - SUBSTITUTED BY A9619B [S07851 Detail]

Download: New_York-2013-S07851-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7851--B
                                   I N  S E N A T E
                                     June 13, 2014
                                      ___________
       Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
         printed to be committed to the Committee on Environmental Conservation
         -- committee discharged, bill amended, ordered  reprinted  as  amended
         and  recommitted  to  said  committee  --  committee  discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         aquatic  invasive  species,  spread  prevention,  and  penalties;  and
         providing for the repeal of such provisions upon the expiration there-
         of
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 9-1710 to read as follows:
    3  S 9-1710. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
    4    1. FOR PURPOSES OF THIS SECTION:
    5    (A)  "WATERCRAFT"  SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED BOAT OR
    6  VEHICLE CAPABLE OF BEING USED OR OPERATED AS A MEANS  OF  TRANSPORTATION
    7  OR RECREATION IN OR ON WATER.
    8    (B)  "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT OR FLOATING DOCK INTO A
    9  PUBLIC WATERBODY OR ANY INLET  OR  OUTLET  TO  SUCH  WATERBODY  FOR  ANY
   10  PURPOSE,  INCLUDING  BY  TRAILER  OR  OTHER DEVICE OR CARRYING BY HAND A
   11  WATERCRAFT INTO THE WATERBODY.
   12    2. NO PERSON SHALL LAUNCH A WATERCRAFT OR FLOATING DOCK UNLESS IT  CAN
   13  BE DEMONSTRATED THAT REASONABLE PRECAUTIONS SUCH AS REMOVAL OF ANY VISI-
   14  BLE  PLANT  OR  ANIMAL MATTER, WASHING, DRAINING OR DRYING AS DEFINED BY
   15  THE DEPARTMENT PURSUANT TO RULES AND REGULATIONS, HAVE BEEN TAKEN.
   16    S 2. Section 71-0703 of the environmental conservation law is  amended
   17  by adding a new subdivision 10 to read as follows:
   18    10.  ANY  PERSON  WHO VIOLATES SECTION 9-1710 OF THIS CHAPTER SHALL BE
   19  GUILTY OF A VIOLATION AND SHALL BE PUNISHABLE  AND  LIABLE  TO  A  CIVIL
   20  PENALTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, PROVIDED, HOWEV-
   21  ER,  THAT  FOR  ANY  FIRST VIOLATION IN LIEU OF A PENALTY THERE SHALL BE
   22  ISSUED A WRITTEN WARNING BY THE  DEPARTMENT  AND  THERE  SHALL  ALSO  BE
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD15022-12-4
       S. 7851--B                          2
    1  ISSUED EDUCATION MATERIALS AT THE DISCRETION OF THE DEPARTMENT REGARDING
    2  REQUIREMENTS  RELATED  TO INVASIVE SPECIES. SUCH PERSON SHALL BE SUBJECT
    3  TO A FINE OF UP TO ONE HUNDRED FIFTY DOLLARS FOR A SECOND OFFENSE, UP TO
    4  TWO  HUNDRED  FIFTY  DOLLARS  FOR  A THIRD OFFENSE, AND NO LESS THAN TWO
    5  HUNDRED FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS FOR A FOURTH OR
    6  SUBSEQUENT OFFENSE.
    7    S 3. Subdivision 1 of section 11-0323 of the  environmental  conserva-
    8  tion  law,  as  separately amended by section 19 of part H of chapter 58
    9  and chapter 342 of the laws of 2012, is amended to read as follows:
   10    1. The department shall compile and index each year after the adjourn-
   11  ment of the legislature the laws relating to fish and wildlife, as  well
   12  as  invasive  species  (as  defined in section 9-1703 AND 9-1710 of this
   13  chapter), as amended to date. Copies of the compilation shall be printed
   14  in pamphlet form of pocket size in the number for which the  legislature
   15  may appropriate funds.
   16    S  4. This act shall take effect one year after it shall have become a
   17  law, and shall expire and be deemed repealed June 1,  2019.    Effective
   18  immediately, the addition, amendment, and/or repeal of any rule or regu-
   19  lation necessary for the timely implementation of this act on its effec-
   20  tive date is authorized to be made on or before such effective date.