NY State Assembly Bill 2009-A8724

Archive: Last Bill Status - Stricken

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 25, 2010	enacting clause stricken
Jan 06, 2010	referred to environmental conservation
Jun 15, 2009	ordered to third reading rules cal.309 rules report cal.309 reported reported referred to rules
Jun 09, 2009	reported referred to ways and means
Jun 04, 2009	referred to environmental conservation

2009-A8724 (ACTIVE) - Details

Law Section:: Environmental Conservation Law
Laws Affected:: Rpld §3, Chap 387 of 2004; rpld §§27-0702, 19-0315 & 11-1109, amd §11-1101, En Con L

2009-A8724 (ACTIVE) - Summary

Relates to the trapping of wildlife; repeals certain provisions of the environmental conservation law relating to the small business stationary source compliance advisory panel and the state task force on flame retardant safety and the solid waste management board.

2009-A8724 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A8724

TITLE  OF BILL:   An act to amend the environmental conservation law, in
relation to the trapping of muskrats; to repeal section 3 of chapter 387
of the laws of 2004 amending the environmental conservation law relating
to restricting the use of certain  flame  retardants,  relating  to  the
state task force on flame retardant safety; to repeal section 27-0702 of
the  environmental  conservation law relating to the solid waste manage-
ment board; to repeal section 19-0315 of the environmental  conservation
law relating to the small business stationary source compliance advisory
panel;  and  to repeal section 11-1109 of the environmental conservation
law relating to registered muskrat marshes

PURPOSE: To eliminate certain boards/councils/task forces, and to termi-
nate the underutilized muskrat marsh registration program.

SUMMARY OF PROVISIONS: Section one of the bill repeals §3 of Chapter 387
of the Laws of 2004 relating to the State Task Force on Flame  Retardant
Safety.

Section  two of the bill repeals §27-0702 of the Environmental Conserva-
tion Law relating to the Solid Waste Management Advisory Board.

Section three of the bill repeals § 19-0315 of the Environmental Conser-
vation Law relating to the small business stationary  source  compliance
advisory panel.

Sections  four and five of the bill repeal provisions related to muskrat
marsh registration.

JUSTIFICATION:  The bill would eliminate boards, councils and task forc-
es whose duties are or can be performed by existing entities,  or  whose
mission  has  been  fulfilled.  The boards contained in this legislation
have not met for several years. The State Task Force on Flame  Retardant
Safety  was  charged  with  reviewing and reporting on relevant studies,
risk assessments, findings or  rulings  in  connection  with  the  flame
retardant  decabrominated  diphenyl ether (Deca BDE), The report was due
to the Legislature by December 315', 2005, but has not yet been  issued.
In  the  interim,  several  states  including  Maine and Washington have
completed their own studies and assessments, determining that there  are
risks associated with Deca BDE. Finally, this legislation eliminates the
muskrat  marsh  registration program, which had exactly ten permits last
year.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL  IMPLICATIONS:     By  reducing   the   number   of   unnecessary
boards/council/task  forces,  and  by  eliminating ineffective programs,
this legislation will reduce costs to New York State.

EFFECTIVE DATE:  This act shall take effect on the one hundred eightieth
day after it shall have become law.

2009-A8724 (ACTIVE) - Bill Text download pdf

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

                                  8724

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              June 4, 2009
                               ___________

Introduced  by M. of A. SWEENEY -- read once and referred to the Commit-
  tee on Environmental Conservation

AN ACT to amend the environmental conservation law, in relation  to  the
  trapping  of  muskrats; to repeal section 3 of chapter 387 of the laws
  of 2004  amending  the  environmental  conservation  law  relating  to
  restricting the use of certain flame retardants, relating to the state
  task force on flame retardant safety; to repeal section 27-0702 of the
  environmental  conservation law relating to the solid waste management
  board; to repeal section 19-0315 of the environmental conservation law
  relating to the small business stationary source  compliance  advisory
  panel; and to repeal section 11-1109 of the environmental conservation
  law relating to registered muskrat marshes

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

  Section 1.  Section 3 of chapter 387 of the laws of 2004 amending  the
environmental  conservation  law  relating  to  restricting  the  use of
certain flame retardants, is REPEALED.
  S  2.  Section  27-0702  of  the  environmental  conservation  law  is
REPEALED.
  S  3.  Section  19-0315  of  the  environmental  conservation  law  is
REPEALED.
  S 4.   Section  11-1109  of  the  environmental  conservation  law  is
REPEALED.
  S  5. Subdivisions 2 and 3, paragraph a of subdivision 6, and subdivi-
sion 7 of section 11-1101 of the  environmental  conservation  law,  the
opening paragraph of subdivision 3 as amended by chapter 407 of the laws
of  1976,  paragraph a of subdivision 6 as amended by chapter 605 of the
laws of 1991, and subdivision 7 as amended by chapter 911 of the laws of
1990, are amended to read as follows:
  2. Traps shall not be set for the taking  of  any  protected  wildlife
except  (a)  in an open season as provided in section 11-1103 for taking

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14164-03-9

A. 8724                             2

the species for which the trap is set;  or  (b)  in  accordance  with  a
license  or  permit issued by the department pursuant to title 5; or (c)
as provided in title 5 or title 19 with respect to  rabies  control  and
predatory,  destructive  or  menacing  wildlife[; or (d) on a registered
muskrat marsh as provided in section 11-1109].  Protected wildlife taken
or captured in a trap shall not be killed  or  possessed  while  captive
unless  it  is  a  species  of  wildlife for which the trap was or might
lawfully have been set at the time of capture.
  3. In waters of the Southern Zone, as  so  defined,  from  December  5
through January 31, no person shall set, place or maintain a trap of any
kind  except (a) spring hole trap sets for the purpose of taking fox, or
(b) water sets during any open season  established  for  the  taking  of
muskrat,  otter  and  beaver[,  or (c) traps set on a registered muskrat
marsh pursuant to permit, issued as provided in section 11-1109].
  a. No person shall set or use a trap  of  the  leg-gripping  type  (a)
having a spread of jaws exceeding 7 1/4" measured at right angles to the
axis  upon  which the jaws operate and excluding the gripping surface of
each jaw, when used under water during  the  open  season  for  trapping
beaver or otter, or (b) in any other case, except as provided in title 5
[or  in section 11-1109], having a spread of jaws exceeding 5-3/4" as so
measured.
  7. [Except as provided in section 11-1109, (a) no] (A) NO person shall
take muskrat by the use of a box, wire or cage trap,  except  that  they
may  be  taken  in such a trap of a construction incapable of taking any
species of wildlife until wildlife previously  taken  therein  has  been
released; (b) except as otherwise permitted by department regulation, no
person  shall  set,  stake  or use a trap within a distance of five feet
from a muskrat den or house or any structure constructed by a muskrat in
which it can take shelter; (c) smoke, chemicals, gas or poison shall not
be used on or near any trap used to take beaver, otter, fisher,  bobcat,
coyote, fox, mink, raccoon, muskrat or skunk.
  S 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

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Assembly Bill A8724

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Archive: Last Bill Status - Stricken

Actions

2009-A8724 (ACTIVE) - Details

2009-A8724 (ACTIVE) - Summary

2009-A8724 (ACTIVE) - Sponsor Memo

2009-A8724 (ACTIVE) - Bill Text download pdf

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Sponsored By

SWEENEY

Archive: Last Bill Status - Stricken

Actions

2009-A8724 (ACTIVE) - Details

2009-A8724 (ACTIVE) - Summary

2009-A8724 (ACTIVE) - Sponsor Memo

2009-A8724 (ACTIVE) - Bill Text download pdf

Comments