senate Bill S272

Authorizes state residents to gather dead timber from the floor of the state forest preserve when such timber is on the side of a public highway

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 07 / Jan / 2009
    • REFERRED TO JUDICIARY
  • 21 / Jan / 2009
    • TO ATTORNEY-GENERAL FOR OPINION
  • 13 / Feb / 2009
    • OPINION REFERRED TO JUDICIARY
  • 06 / Jan / 2010
    • REFERRED TO JUDICIARY
  • 12 / Jan / 2010
    • TO ATTORNEY-GENERAL FOR OPINION
  • 09 / Feb / 2010
    • OPINION REFERRED TO JUDICIARY

Summary

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Bill Details

See Assembly Version of this Bill:
A445
Versions:
S272
Legislative Cycle:
2009-2010
Current Committee:
Senate Judiciary
Law Section:
Constitution, Concurrent Resolutions to Amend

Sponsor Memo

BILL NUMBER: S272

TITLE OF BILL :
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an
amendment to section 1 of article 14 of the constitution, in relation
to the gathering of dead timber from the lands of the state forest
preserve


PURPOSE :
To permit the taking of fallen timber from forest preserve lands.

SUMMARY OF PROVISIONS :
Section 1 - amends section 1 article 14 of the constitution to allow
residents of the state from gathering dead timber lying on the forest
floor on state-owned lands when such timber is on the side of a public
highway, except lands the commission of environmental conservation may
designate by rule and regulation where such gathering shall be
prohibited. Every person gathering dead timber pursuant to the
provisions of this subdivision shall do so at his or her own risk
without disturbing the surrounding vegetation.

EXISTING LAW :
The Constitution prohibits the selling, removal or destruction of
timber on forest preserve lands.

JUSTIFICATION :
The prohibition on the removal of dead timber in the forest preserve
has been an issue of concern with the residents of the Adirondack Park
for many years. During the Ice Storm of 1998, thousands of downed
trees were left to rot while residents without power searched for ways
to heat their homes by other means such as a wood stove. Many people
wanted to use the wood they saw lying by the roadside, but were
prohibited from doing so.

In light of the rising home heating costs it is even more important to
change the constitution to allow for the gathering of dead timber from
the forest preserve.

LEGISLATIVE HISTORY :
2007-08: S.1123 3rd Reading; A.10608 Environmental Conservation
2006: S.6389 3rd Reading; A.10601 Judiciary

FISCAL IMPLICATIONS :
None.

EFFECTIVE DATE :
This amendment would become effective on the first of January next
succeeding approval of both houses of two consecutively elected
legislatures and approval of the people in the subsequent general
election.
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