senate Bill S7851B

Signed By Governor
2013-2014 Legislative Session

Relates to aquatic invasive species and spread prevention

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A9619 - Signed by Governor


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed by Governor

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Actions

view actions (14)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 02, 2014 signed chap.330
Aug 25, 2014 delivered to governor
Jun 20, 2014 returned to assembly
passed senate
3rd reading cal.1703
substituted for s7851b
Jun 20, 2014 substituted by a9619b
ordered to third reading cal.1703
committee discharged and committed to rules
Jun 16, 2014 print number 7851b
Jun 16, 2014 amend (t) and recommit to environmental conservation
Jun 14, 2014 print number 7851a
Jun 14, 2014 amend and recommit to environmental conservation
Jun 13, 2014 referred to environmental conservation

S7851 - Details

See Assembly Version of this Bill:
A9619
Law Section:
Environmental Conservation Law
Laws Affected:
Add §9-1710, amd §§71-0703 & 11-0323, En Con L

S7851 - Summary

Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

S7851 - Sponsor Memo

S7851 - Bill Text download pdf

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

                                  7851

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  aquatic invasive species, spread prevention, and penalties

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-1710 to read as follows:
S 9-1710. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "ANIMAL" SHALL MEAN EVERY LIVING AND NON-LIVING CREATURE EXCEPT A
HUMAN BEING, DOG OR OTHER COMPANION ANIMAL AS DEFINED IN  SECTION  THREE
HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B)  "WATERCRAFT"  SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED BOAT OR
VEHICLE CAPABLE OF BEING USED OR OPERATED AS A MEANS  OF  TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (C) "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT INTO A WATERBODY FOR ANY
PURPOSE,  INCLUDING  BY  TRAILER  OR  OTHER DEVICE OR CARRYING BY HAND A
WATERCRAFT INTO THE WATERBODY.
  2. NO PERSON SHALL LAUNCH, OR ATTEMPT TO LAUNCH A  WATERCRAFT  FROM  A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A  WATERCRAFT  MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITH ANY PLANT
OR ANIMAL, OR PARTS THEREOF, VISIBLE  TO  THE  HUMAN  EYE,  IN,  ON,  OR
ATTACHED  TO ANY PART OF THE WATERCRAFT, INCLUDING LIVEWELLS, THE MOTOR,
RUDDER, ANCHOR OR OTHER APPURTENANCE; ANY EQUIPMENT; OR THE TRAILING  OR
ANY  OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT THAT MAY COME
INTO CONTACT WITH THE WATER, UNLESS IT CAN BE DEMONSTRATED THAT  REASON-
ABLE  PRECAUTIONS  HAVE BEEN TAKEN TO SATISFY THIS SECTION OR ARE OTHER-
WISE AUTHORIZED BY THE DEPARTMENT.
  3. NO PERSON SHALL LAUNCH, OR ATTEMPT TO LAUNCH A  WATERCRAFT  FROM  A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITHOUT DRAINING
THE WATERCRAFT, INCLUDING BILGE AREAS, LIVEWELLS, BAIT WELLS AND BALLAST
TANKS,  UNLESS  IT  CAN BE DEMONSTRATED THAT REASONABLE PRECAUTIONS HAVE

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

S7851A - Details

See Assembly Version of this Bill:
A9619
Law Section:
Environmental Conservation Law
Laws Affected:
Add §9-1710, amd §§71-0703 & 11-0323, En Con L

S7851A - Summary

Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

S7851A - Sponsor Memo

S7851A - Bill Text download pdf

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

                                 7851--A

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  aquatic invasive species, spread prevention, and penalties

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

  Section  1.  The environmental conservation law is amended by adding a
new section 9-1711 to read as follows:
S 9-1711. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A) "ANIMAL" SHALL MEAN EVERY LIVING AND NON-LIVING CREATURE EXCEPT  A
HUMAN  BEING,  DOG OR OTHER COMPANION ANIMAL AS DEFINED IN SECTION THREE
HUNDRED FIFTY OF THE AGRICULTURE AND MARKETS LAW.
  (B) "WATERCRAFT" SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED  BOAT  OR
VEHICLE  CAPABLE  OF BEING USED OR OPERATED AS A MEANS OF TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (C) "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT INTO A WATERBODY FOR ANY
PURPOSE, INCLUDING BY TRAILER OR OTHER DEVICE  OR  CARRYING  BY  HAND  A
WATERCRAFT INTO THE WATERBODY.
  2.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITH  ANY  PLANT
OR  ANIMAL,  OR  PARTS  THEREOF,  VISIBLE  TO  THE HUMAN EYE, IN, ON, OR
ATTACHED TO ANY PART OF THE WATERCRAFT, INCLUDING LIVEWELLS, THE  MOTOR,
RUDDER,  ANCHOR OR OTHER APPURTENANCE; ANY EQUIPMENT; OR THE TRAILING OR
ANY OTHER DEVICE USED TO TRANSPORT OR LAUNCH A WATERCRAFT THAT MAY  COME
INTO  CONTACT WITH THE WATER, UNLESS IT CAN BE DEMONSTRATED THAT REASON-
ABLE PRECAUTIONS HAVE BEEN TAKEN TO SATISFY THIS SECTION OR  ARE  OTHER-
WISE AUTHORIZED BY THE DEPARTMENT.
  3.  NO  PERSON  SHALL LAUNCH, OR ATTEMPT TO LAUNCH A WATERCRAFT FROM A
BOAT LAUNCHING SITE, A FISHING ACCESS SITE, OR ANY OTHER SITE FROM WHICH
A WATERCRAFT MAY BE LAUNCHED, OR LEAVE FROM THESE SITES WITHOUT DRAINING

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

Co-Sponsors

S7851B (ACTIVE) - Details

See Assembly Version of this Bill:
A9619
Law Section:
Environmental Conservation Law
Laws Affected:
Add §9-1710, amd §§71-0703 & 11-0323, En Con L

S7851B (ACTIVE) - Summary

Relates to aquatic invasive species and spread prevention; provides relevant definitions and further relates to launching and environmental concerns; stipulates penalties for violation of this section.

S7851B (ACTIVE) - Sponsor Memo

S7851B (ACTIVE) - Bill Text download pdf

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

                                 7851--B

                            I N  S E N A T E

                              June 13, 2014
                               ___________

Introduced  by  Sen.  O'MARA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to  said  committee  --  committee  discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  aquatic  invasive  species,  spread  prevention,  and  penalties;  and
  providing for the repeal of such provisions upon the expiration there-
  of

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 9-1710 to read as follows:
S 9-1710. AQUATIC INVASIVE SPECIES; SPREAD PREVENTION.
  1. FOR PURPOSES OF THIS SECTION:
  (A)  "WATERCRAFT"  SHALL MEAN EVERY MOTORIZED OR NON-MOTORIZED BOAT OR
VEHICLE CAPABLE OF BEING USED OR OPERATED AS A MEANS  OF  TRANSPORTATION
OR RECREATION IN OR ON WATER.
  (B)  "LAUNCH" SHALL MEAN TO PLACE A WATERCRAFT OR FLOATING DOCK INTO A
PUBLIC WATERBODY OR ANY INLET  OR  OUTLET  TO  SUCH  WATERBODY  FOR  ANY
PURPOSE,  INCLUDING  BY  TRAILER  OR  OTHER DEVICE OR CARRYING BY HAND A
WATERCRAFT INTO THE WATERBODY.
  2. NO PERSON SHALL LAUNCH A WATERCRAFT OR FLOATING DOCK UNLESS IT  CAN
BE DEMONSTRATED THAT REASONABLE PRECAUTIONS SUCH AS REMOVAL OF ANY VISI-
BLE  PLANT  OR  ANIMAL MATTER, WASHING, DRAINING OR DRYING AS DEFINED BY
THE DEPARTMENT PURSUANT TO RULES AND REGULATIONS, HAVE BEEN TAKEN.
  S 2. Section 71-0703 of the environmental conservation law is  amended
by adding a new subdivision 10 to read as follows:
  10.  ANY  PERSON  WHO VIOLATES SECTION 9-1710 OF THIS CHAPTER SHALL BE
GUILTY OF A VIOLATION AND SHALL BE PUNISHABLE  AND  LIABLE  TO  A  CIVIL
PENALTY AS PROVIDED IN SUBDIVISION ONE OF THIS SECTION, PROVIDED, HOWEV-
ER,  THAT  FOR  ANY  FIRST VIOLATION IN LIEU OF A PENALTY THERE SHALL BE
ISSUED A WRITTEN WARNING BY THE  DEPARTMENT  AND  THERE  SHALL  ALSO  BE

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

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