senate Bill S5767

Grants the department of agriculture and markets the exclusive authority to regulate cervid (deer and elk) farms

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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

  • 15 / Jun / 2011
    • REFERRED TO RULES
  • 04 / Jan / 2012
    • REFERRED TO AGRICULTURE
  • 27 / Mar / 2012
    • 1ST REPORT CAL.455
  • 28 / Mar / 2012
    • 2ND REPORT CAL.
  • 29 / Mar / 2012
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2012
    • COMMITTED TO RULES

Summary

Grants the department of agriculture and markets the exclusive authority to regulate cervid (deer and elk) farms; eliminates the authority of the department of environmental conservation to regulate such farms.

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Bill Details

See Assembly Version of this Bill:
A9746
Versions:
S5767
Legislative Cycle:
2011-2012
Current Committee:
Senate Rules
Law Section:
Agriculture and Markets Law
Laws Affected:
Amd ยง16, Ag & Mkts L

Votes

10
0
10
Aye
0
Nay
0
aye with reservations
0
absent
0
excused
0
abstained
show Agriculture committee vote details

Sponsor Memo

BILL NUMBER:S5767

TITLE OF BILL:
An act
to amend the agriculture and markets law, in relation to granting the
department of agriculture and markets the sole authority to regulate
cervid farms

PURPOSE:
This legislation will improve annual reporting, by removing
duplicative reporting requirements and provide cost savings while
reducing the work load on cervid farmers and the Department of
Environmental Conservation.

SUMMARY OF PROVISIONS:
Section One - amends Section 16 of the agriculture and markets law by
adding a new subdivision 47 to grant the authority regulate and
oversee all cervid farms in the state of New York to the Department
of Agriculture and Markets.

JUSTIFICATION:
Currently, cervid farmers are regulated by two state agencies, the New
York State Department of Environmental Conservation and the New York
State Department of Agriculture and Markets.
Both agencies require annual reports from cervid farmers for the
purpose of regulating the control and spread of disease.

This legislation will reduce redundancy and decrease the cost of doing
business for farmers by allowing the Department of Agriculture and
Markets to solely collect reports and test cervid animals. This
legislation will save the State money by eliminating the
administrative cost of the DEC collecting duplicate reports and tests
on cervids that have already been regulated by the Department of
Agriculture and Markets.

The Department of Agriculture and Markets is better suited to regulate
farm cervids, as their agency is the lead agency for disease
prevention and control. The DEC serves more as a tool for law
enforcement regulation of wild animals, which does not pertain to
domestic cervid farmers

LEGISLATIVE HISTORY:
This is a new bill.

FISCAL IMPLICATIONS:
Savings to the State of New York.

EFFECTIVE DATE:
This legislation will take effect immediately.

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

                                  5767

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              June 15, 2011
                               ___________

Introduced  by  Sen.  BALL  --  read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the agriculture and markets law, in relation to granting
  the department of agriculture and markets the sole authority to  regu-
  late cervid farms

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

  Section 1. Section 16 of the agriculture and markets law is amended by
adding a new subdivision 47 to read as follows:
  47. NOTWITHSTANDING ANY PROVISION OF ARTICLE ELEVEN  OF  THE  ENVIRON-
MENTAL  CONSERVATION  LAW,  REGULATE AND OVERSEE ALL CERVID FARMS IN THE
STATE. THE AUTHORITY GRANTED  PURSUANT  TO  THIS  SUBDIVISION  SHALL  BE
DEEMED  TO GRANT THE DEPARTMENT EXCLUSIVE AUTHORITY OVER CERVID FARMING.
WITH REGARD THERETO THE PROVISIONS OF THIS CHAPTER  AND  THE  RULES  AND
REGULATIONS PROMULGATED PURSUANT THERETO, SHALL SUPERSEDE THE PROVISIONS
OF  THE  ENVIRONMENTAL  CONSERVATION  LAW AND ITS IMPLEMENTING RULES AND
REGULATIONS.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11941-01-1

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