senate Bill S2363A

Relates to membership on regional fish and wildlife boards

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Bill Status


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

  • 19 / Jan / 2011
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 14 / Mar / 2011
    • AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 14 / Mar / 2011
    • PRINT NUMBER 2363A
  • 17 / May / 2011
    • 1ST REPORT CAL.681
  • 18 / May / 2011
    • 2ND REPORT CAL.
  • 23 / May / 2011
    • ADVANCED TO THIRD READING
  • 13 / Jun / 2011
    • SUBSTITUTED BY A4729A

Summary

Eliminates term limits for members on regional fish and wildlife management boards.

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Bill Details

See Assembly Version of this Bill:
A4729A
Versions:
S2363
S2363A
Legislative Cycle:
2011-2012
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง11-0501, En Con L
Versions Introduced in 2009-2010 Legislative Cycle:
S3723

Votes

11
1
11
Aye
1
Nay
2
aye with reservations
0
absent
0
excused
0
abstained
show Environmental Conservation committee vote details

Sponsor Memo

BILL NUMBER:S2363A

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to eliminating
term limits for regional fish and wildlife management boards

PURPOSE:
To allow willing members of regional fish and wildlife
management boards (FWMBs) to succeed themselves after serving four
two-year terms.

SUMMARY OF PROVISIONS:
The measure deletes the current stipulation in
law that members of regional fish and wildlife management boards step
aside after serving eight (8) years on their regional boards.

EXISTING LAW:
Current law makes regional FWMB members ineligible for
reappointment if they have served eight (8) years on fish and
wildlife management boards. After a one-term (two calendar year)
absence from the board, one is eligible for a new appointment.

JUSTIFICATION:
Members of the regional fish and wildlife management
boards are citizen-volunteers who serve in each of the DEC's regions.
Three are appointed from each county within the various regions. By
statute they represent local governments, landowners and sportsmen
and recommend to the state fish and wildlife management board and
commissioner appropriate fish and wildlife management policies for
their respective regions. With the difficulty of finding volunteers
to serve, and considering the time that is necessary to acquire a
broad knowledge of the issues related to scientific fish and wildlife
management, it is unwise to require members to step aside after an
arbitrary cap of eight (8) years. An arbitrary limit on service has a
deleterious effect on leadership of the boards because those who have
gained experience and knowledge and who have become leaders are soon
required to step aside. Rotation in membership will occur as members
voluntarily step down. The bill includes language that those with
appointing authority contemplate the value of rotating membership.

The measure has been requested by resolution of the New York State
Fish and Wildlife Management Board.

LEGISLATIVE HISTORY:
S.3723 of 2010.

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
Immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2363--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 19, 2011
                               ___________

Introduced by Sens. SEWARD, GRIFFO, JOHNSON, LARKIN, RANZENHOFER -- 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 commit-
  tee

AN ACT to amend the environmental conservation law, in relation to elim-
  inating term limits for regional fish and wildlife management boards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph  a  of  subdivision 4 of section 11-0501 of the
environmental conservation law, as amended by chapter 64 of the laws  of
1987, is amended to read as follows:
  a. A regional fish and wildlife management board shall be appointed in
each  of  the  regions  established under subdivision 3 of this section.
Such regional board shall consist of  three  members  from  each  county
within  the  region which has appointed its members. In each county, one
member shall be a member of or represent the  board  of  supervisors  or
county  legislative  body,  one member shall represent the landowners of
the county and one member shall represent the sportsmen of  the  county.
Such  members from each county shall be appointed by the chairman of the
board of supervisors of such county with the approval of  the  board  of
supervisors, except that in a county having a county president, a county
executive  or other chief executive officer, the chief executive officer
shall appoint the members representing such county with the approval  of
the  board  of supervisors of such county. In a county having an elected
legislative body the presiding officer shall appoint the members repres-
enting such county with the approval of the legislative body.  If  there
is  no presiding officer then the members representing such county shall
be appointed by the legislative body as a whole.  If  a  member  of  the
board  of  supervisors  or legislative body is not available to actively
participate on the fish and wildlife management board, a  representative

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05834-03-1

S. 2363--A                          2

shall  be  selected who is an elected county official or who is employed
by the county government in a position having administrative or  manage-
rial  authority.  A  landowner  representative must actually reside upon
rural  lands  within the county and actually be engaged in the operation
of such lands for  production  of  agricultural  commodities  or  forest
products.  If a landowner representative with such qualifications is not
available to actively participate on the fish  and  wildlife  management
board,  a representative may be appointed who has been for at least five
of the past ten years, before commencing his first term in any series of
consecutive terms, engaged in such operation of  rural  lands,  and  who
resides  within the county he represents. If no landowner representative
with either of these qualifications is available to actively participate
on the fish and  wildlife  management  board  a  representative  may  be
appointed  who is a resource manager engaged in such operations on rural
lands, and designated by the corporate owner of those lands to represent
the landowner's agricultural or silvicultural interests. In the case  of
certain  counties  designated by the full state board with a scarcity of
rural lands operated  for  production  of  agricultural  commodities  or
forest products, the landowner representative shall own such rural lands
in New York state, whether or not those properties lie within the county
wherein  he resides and represents. A sportsman representative must be a
resident of the county.   The said chief  executive  officer,  presiding
officer  or  legislative body shall receive and consider for appointment
as the landowner representative, the recommendations made by the  county
farm  bureau  and  Pomona grange, and for appointment as the sportsmen's
representative, the recommendations made by the county units  of  organ-
ized  sportsmen's  groups,  AS WELL AS CONSIDERING THE ADVANTAGES OF NEW
REPRESENTATIVES.  The term of office of regional board members shall  be
two  calendar  years. A member shall be eligible [to succeed himself not
more than three times and shall thereafter be eligible for reappointment
only after one term out of office] FOR REAPPOINTMENT TO SUCCESSIVE TERMS
OF OFFICE WHERE OTHERWISE QUALIFIED.  The term of the sportsmen's repre-
sentative and the board of supervisors or county legislative body repre-
sentative shall expire at the end of the odd numbered years; the term of
the landowner representative  shall  expire  at  the  end  of  the  even
numbered  years. An alternate board of supervisors or county legislative
body representative, sportsmen's representative and landowner  represen-
tative  may  also  be  appointed, who shall be available to serve in the
event of the temporary inability of  the  member  sportsmen's  represen-
tative  or  member  landowner  representative or board of supervisors or
county legislative body representative to  so  function.  A  vacancy  in
membership of a regional board shall be filled in the same manner as the
original  appointment for the balance of the unexpired term during which
the vacancy occurs; if a supervisor member or  county  legislative  body
member  shall cease to be a supervisor or member of the legislative body
before the expiration of his term as a member of the regional  board,  a
successor  shall be appointed for the unexpired balance of the term as a
member of the regional board. The chairman of the Board of Directors  of
each  soil  and  water  conservation  district  and the chairman of each
regional forest practice board within the fish and  wildlife  management
region, or his or their representatives, shall be advisory members with-
out vote.
  S 2. This act shall take effect immediately.

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