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