Assembly Bill A9576

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

                                  9576

                          I N  A S S E M B L Y

                             March 16, 2012
                               ___________

Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred to the
  Committee on Agriculture

AN ACT to amend the agriculture and markets law, in relation  to  estab-
  lishing  a task force to study how to improve investigations of animal
  abuse and enforcement of anti-animal abuse laws; and providing for the
  repeal of such provisions upon expiration thereof

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

  Section  1. The agriculture and markets law is amended by adding a new
section 380 to read as follows:
  S 380.  TASK FORCE ON HOW TO IMPROVE INVESTIGATIONS  OF  ANIMAL  ABUSE
AND  ENFORCEMENT  OF ANTI-ANIMAL ABUSE LAWS. 1. THE TASK FORCE ON HOW TO
IMPROVE INVESTIGATIONS OF ANIMAL ABUSE AND  ENFORCEMENT  OF  ANTI-ANIMAL
ABUSE  LAWS  IS HEREBY CREATED TO EXAMINE, EVALUATE AND DETERMINE HOW TO
IMPROVE INVESTIGATIONS OF ANIMAL ABUSE AND THE ENFORCEMENT OF  ANTI-ANI-
MAL ABUSE LAWS.
  2.(A)  SUCH  TASK  FORCE  SHALL CONSIST OF NINE MEMBERS, EACH TO SERVE
UNTIL MAY FIRST, TWO THOUSAND THIRTEEN. SUCH MEMBERS SHALL BE  APPOINTED
AS  FOLLOWS:  ONE  SHALL  BE  APPOINTED  BY  THE  GOVERNOR; ONE SHALL BE
APPOINTED BY THE  TEMPORARY  PRESIDENT  OF  THE  SENATE;  ONE  SHALL  BE
APPOINTED  BY  THE MINORITY LEADER OF THE SENATE; ONE SHALL BE APPOINTED
BY THE SPEAKER OF THE ASSEMBLY; ONE SHALL BE APPOINTED BY  THE  MINORITY
LEADER  OF  THE  ASSEMBLY; ONE SHALL BE APPOINTED BY THE COMMISSIONER OF
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION; ONE SHALL BE APPOINTED  BY
THE  COMMISSIONER  OF  HEALTH  AND  THE REMAINING TWO MEMBERS SHALL   BE
APPOINTED BY THE COMMISSIONER. APPOINTMENTS SHALL BE MADE  WITHIN  SIXTY
DAYS  OF THE EFFECTIVE DATE OF THIS SECTION. VACANCIES IN THE TASK FORCE
SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.
  (B) ALL APPOINTEES SHALL  HAVE  EXPERTISE  IN  FIELDS  OR  DISCIPLINES
RELATED TO ANIMALS, ANIMAL ABUSE AND/OR INVESTIGATIONS. ALL APPOINTMENTS
SHALL  BE  COORDINATED  TO  ENSURE  GEOGRAPHIC REPRESENTATION FROM   THE
ENTIRE STATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD13772-02-2

              

A. 9576                             2

  (C) THE TASK FORCE SHALL BE  CHAIRED  BY  ONE  OF  THE  COMMISSIONER'S
APPOINTEES.  THE TASK FORCE SHALL ELECT A VICE-CHAIR AND OTHER NECESSARY
OFFICERS FROM AMONG ALL APPOINTED MEMBERS.
  (D)  A  MAJORITY OF THE MEMBERS OF THE TASK FORCE THEN IN OFFICE SHALL
CONSTITUTE A QUORUM FOR THE TRANSACTION OF BUSINESS OR THE  EXERCISE  OF
ANY  POWER OR FUNCTION OF THE TASK FORCE. AN ACT, DETERMINATION OR DECI-
SION OF THE MAJORITY OF THE MEMBERS PRESENT DURING  THE  PRESENCE  OF  A
QUORUM  SHALL  BE  HELD TO BE THE ACT, DETERMINATION, OR DECISION OF THE
TASK FORCE.
  (E) THE TASK FORCE SHALL MEET AT LEAST QUARTERLY AT THE  CALL  OF  THE
CHAIR.  MEETINGS MAY BE HELD VIA TELECONFERENCE. SPECIAL MEETINGS MAY BE
CALLED BY THE CHAIR AT THE REQUEST OF A MAJORITY OF THE MEMBERS  OF  THE
TASK FORCE.
  (F)  MEMBERS OF THE TASK FORCE SHALL RECEIVE NO COMPENSATION FOR THEIR
SERVICES BUT SHALL BE REIMBURSED FOR THEIR ACTUAL EXPENSES  INCURRED  IN
THE PERFORMANCE OF THEIR DUTIES IN THE WORK OF THE TASK FORCE.
  3. THE TASK FORCE ESTABLISHED SHALL:
  (A) STUDY CURRENT ANIMAL ABUSE INVESTIGATION AND ANTI-ANIMAL ABUSE LAW
ENFORCEMENT PRACTICES; AND
  (B)  RECOMMEND  ANIMAL  ABUSE  INVESTIGATION AND ANTI-ANIMAL ABUSE LAW
ENFORCEMENT PRACTICES TO INCREASE EFFECTIVENESS ACROSS THE STATE.
  4. THE TASK FORCE MAY ESTABLISH SUCH ADVISORY COMMITTEES AS  IT  DEEMS
APPROPRIATE  ON  MATTERS  RELATING TO THE TASK FORCE'S FUNCTIONS, POWERS
AND DUTIES. SUCH COMMITTEES SHALL BE CHAIRED BY A TASK FORCE MEMBER, BUT
MAY BE COMPOSED OF TASK FORCE  MEMBERS  AS  WELL  AS  OTHER  INDIVIDUALS
SELECTED  BY THE TASK FORCE TO PROVIDE EXPERTISE OF INTEREST SPECIFIC TO
THE CHARGE OF SUCH COMMITTEE.
  5. THE TASK FORCE MAY, AS IT DEEMS APPROPRIATE, REQUEST THAT  STUDIES,
SURVEYS,  OR  ANALYSES RELATING TO THE TASK FORCE'S POWERS AND DUTIES BE
PERFORMED BY ANY STATE DEPARTMENT, COMMISSION, AGENCY OR PUBLIC AUTHORI-
TY. ALL STATE DEPARTMENTS, COMMISSIONS, AGENCIES OR  PUBLIC  AUTHORITIES
SHALL  PROVIDE  INFORMATION  AND ADVICE IN A TIMELY MANNER AND OTHERWISE
ASSIST THE TASK FORCE WITH ITS WORK.
  6. THE TASK FORCE SHALL SUBMIT A  REQUEST  FOR  ANY  APPROPRIATION  AS
SHALL BE NECESSARY TO ENABLE THE TASK FORCE TO PERFORM ITS FUNCTIONS AND
DUTIES  TO  THE  GOVERNOR,  DIRECTOR  OF THE DIVISION OF THE BUDGET, AND
CHAIRPERSONS OF THE SENATE FINANCE COMMITTEE AND THE ASSEMBLY  WAYS  AND
MEANS COMMITTEE. THE DEPARTMENT SHALL PROVIDE STAFF SERVICES TO THE TASK
FORCE  AND  SUCH OTHER ADMINISTRATIVE ASSISTANCE AS MAY BE NECESSARY FOR
THE TASK FORCE TO CARRY OUT ITS DUTIES, FUNCTIONS AND POWERS.
  7. THE TASK FORCE MAY HOLD PUBLIC HEARINGS, TAKE  TESTIMONY  AND  MAKE
INVESTIGATIONS AT SUCH PLACES AS IT DEEMS NECESSARY.
  8.  THE TASK FORCE SHALL MAKE A PRELIMINARY REPORT TO THE GOVERNOR AND
THE LEGISLATURE OF ITS FINDINGS, CONCLUSIONS, RECOMMENDATIONS AND ACTIV-
ITIES ALREADY UNDERTAKEN BY THE TASK FORCE, NOT LATER THAN  JUNE  FIRST,
TWO  THOUSAND THIRTEEN, AND A FINAL REPORT OF ITS FINDINGS, CONCLUSIONS,
RECOMMENDATIONS AND ACTIVITIES ALREADY UNDERTAKEN BY THE TASK FORCE, NOT
LATER THAN MARCH FIRST, TWO THOUSAND FOURTEEN AND SHALL SUBMIT WITH  ITS
REPORTS  LEGISLATIVE  PROPOSALS  AS  IT DEEMS NECESSARY TO IMPLEMENT ITS
RECOMMENDATIONS.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law and shall expire March 1, 2014 when upon such date the
provisions of this act shall be deemed repealed.