S T A T E O F N E W Y O R K
________________________________________________________________________
8514
I N S E N A T E
November 24, 2010
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Rules
AN ACT to amend the environmental conservation law, in relation to the
inspection of shellfish beds
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 7 of section 11-0305 of the environmental
conservation law is amended to read as follows:
7. A. To regulate the examination and inspection of shellfish grounds,
boats used in taking and buildings used for storage of shellfish, the
handling and shipment of shellfish, the floating of shellfish, the
removal of shellfish from unsanitary beds and their deposit on unpol-
luted grounds.
B. FOR PURPOSES OF THIS SUBDIVISION, ANY SHELLFISH COMPANY DOING BUSI-
NESS IN THIS STATE MAY ENTER INTO A CONTRACT WITH THE DEPARTMENT TO PAY
FOR OR REIMBURSE THE DEPARTMENT FOR THE EXAMINATION AND INSPECTION OF
SHELLFISH BEDS OWNED BY SUCH COMPANY. IN THE EVENT THE DEPARTMENT
REFUSES OR FAILS TO ENTER INTO SUCH A CONTRACT WITHIN TWENTY DAYS FROM
THE DATE SUCH EXAMINATION AND INSPECTION IS REQUESTED, SUCH SHELLFISH
COMPANY MAY CONTRACT WITH AN INDEPENDENT INSPECTOR TO CONDUCT SUCH EXAM-
INATION AND INSPECTION. ANY REPORT ISSUED UPON COMPLETION OF SUCH INDE-
PENDENT EXAMINATION AND INSPECTION SHALL BE KEPT ON FILE BY SUCH SHELLF-
ISH COMPANY FOR TWO YEARS AND SHALL BE MADE AVAILABLE TO THE DEPARTMENT
UPON REQUEST. NO PERSON HIRED BY THE DEPARTMENT OR WHO CONTRACTS WITH
THE DEPARTMENT TO CONDUCT AN EXAMINATION AND INSPECTION PURSUANT TO THIS
SUBDIVISION SHALL COUNT AGAINST THE DIVISION OF THE BUDGET'S FULL-TIME
EQUIVALENTS FOR THE DEPARTMENT;
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD18277-02-0