NY State Senate Bill S2084

Current Bill Status - On Floor Calendar

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

view actions (4)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 30, 2023	advanced to third reading
Jan 25, 2023	2nd report cal.
Jan 24, 2023	1st report cal.206
Jan 18, 2023	referred to children and families

Votes

view votes

Jan 24, 2023 - Children and Families committee Vote

S2084

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Co-Sponsors

S2084 (ACTIVE) - Details

Law Section:: Domestic Relations Law
Laws Affected:: Amd §§70 & 240, Dom Rel L; amd §651, Fam Ct Act
Versions Introduced in 2021-2022 Legislative Session:: S8578

S2084 (ACTIVE) - Summary

Prohibits forensic child custody evaluators who have been terminated for cause from appearing as an expert witness in family court custody and visitation proceedings.

S2084 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2084

SPONSOR: HARCKHAM
 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to prohibit the use of lead ammunition when
hunting on state-owned and land contributing surface water to the New
York City water supply

 
SUMMARY OF PROVISIONS:

Section one amends section 11-0901 of the environmental conservation law
so that ammunition that contains one or more percent of lead by weight
may not be used to take wildlife on state-owned land that is open for .
hunting, or land contributing surface water to the New York City water,
supply.

Section two establishes the effective date.

 
JUSTIFICATION:

The naturally occurring metal lead has been known for some time to be

highly toxic to the human body. Lead poisoning is especially dangerous
to children, whose bodies absorb lead more readily than adults. Accord-
ing to the Centers for Disease Control and Prevention, children's expo-
sure to lead increases the risk for brain and nervous system damage, and
can lead to many learning and, behavioral problems, including a lowering
of IQ. Extreme levels of exposure can lead to seizures, coma, and death.

Although lead has been taken out of many products over the past few
decades most notably paint and gasoline - lead is still the most common
material used for hunting ammunition. When a lead bullet strikes an
animal, the round fragments into many small pieces, not all of which are
easily detectable by the naked eye. These lead fragments can then be
consumed by humans who eat the meat of the hunted animal. Additionally,
fragments from lead bullets are also a danger to eagles and other
animals who consume the gut-piles left behind by hunters after they've
stripped a hunted animal of desirable meat.

The dangers of using lead ammunition are not limited to the fragments
that are left behind in meat. Small mammals and terrestrial birds that
forage for seeds are in danger of ingesting spent lead shot, as are
birds that ingest small stones for grit. Simply discharging lead ammuni-
tion increases environmental lead levels, posing a risk to the person
discharging the ammunition.

Prohibiting the use of ammunition made from lead in state-owned land
where hunting is allowed will further diminish the dangerous presence of
lead in humans and wildlife alike. Sources:

https://www.cdc.gov/niosn/topics/lead/health.html

http://www.who.int/mediacentre/factsheets/fs379/en/

http://escholarship.org/uc/item/6dg3h64x page-1

https://www.nwhc.usgs.gov/publications/fact sheets/pdfs/ lead poisoning
wildbirds2009.pdf

 
PRIOR LEGISLATIVE HISTORY:

2021-22:A.5728 Passed Assembly

2019-2020: Advanced to third reading

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None noted.

 
EFFECTIVE DATE:
January 1, 2023. Effective immediately, the addition, amendment and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.

S2084 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2084
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 18, 2023
                                ___________
 
 Introduced  by Sens. HARCKHAM, CLEARE, COMRIE, COONEY, KRUEGER, PALUMBO,
   RAMOS -- read twice and  ordered  printed,  and  when  printed  to  be
   committed to the Committee on Children and Families
 
 AN  ACT to amend the domestic relations law and the family court act, in
   relation to prohibiting certain forensic child custody evaluators from
   appearing as an expert witness in family court
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  70  of  the domestic relations law is amended by
 adding a new subdivision (c) to read as follows:
   (C) (1) NO COURT SHALL PERMIT A FORENSIC CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC CUSTODY  REPORT  PREPARED  BY  SUCH  FORENSIC  CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  FORENSIC  CHILD  CUSTODY EVALUATOR HAS BEEN REMOVED FROM THE
 PANEL OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS
 CERTIFICATION  COMMITTEE  OR OTHER SUPERVISORY BODY, HAS OFFERED TO STEP
 DOWN FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH  THE  COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE  COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II)  "FORENSIC  CUSTODY  REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR
 EVALUATION PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR  AND  USED  BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  2.  Subdivision  1  of section 240 of the domestic relations law is
 amended by adding a new paragraph (a-4) to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06769-01-3
 S. 2084                             2

 
   (A-4) (1) NO COURT SHALL PERMIT A FORENSIC CHILD CUSTODY EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC CUSTODY  REPORT  PREPARED  BY  SUCH  FORENSIC  CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  FORENSIC  CHILD  CUSTODY EVALUATOR HAS BEEN REMOVED FROM THE
 PANEL OF FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS
 CERTIFICATION  COMMITTEE  OR OTHER SUPERVISORY BODY, HAS OFFERED TO STEP
 DOWN FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT WITH  THE  COMMITTEE
 OR OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL
 NO LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   (2) FOR THE PURPOSES OF THIS PARAGRAPH:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE  COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II)  "FORENSIC  CUSTODY  REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR
 EVALUATION PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR  AND  USED  BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  3.  Section  651 of the family court act is amended by adding a new
 subdivision (g) to read as follows:
   (G) 1. NO COURT SHALL PERMIT A FORENSIC  CHILD  CUSTODY  EVALUATOR  TO
 APPEAR  AS  AN  EXPERT  WITNESS NOR SHALL SUCH COURT ORDER OR ALLOW INTO
 EVIDENCE A FORENSIC CUSTODY  REPORT  PREPARED  BY  SUCH  FORENSIC  CHILD
 CUSTODY EVALUATOR, IN THE CONTEXT OF A CUSTODY OR VISITATION PROCEEDING,
 WHEN  SUCH  CHILD  CUSTODY  EVALUATOR HAS BEEN REMOVED FROM THE PANEL OF
 FORENSIC CUSTODY EVALUATORS BY THE MENTAL HEALTH  PROFESSIONALS  CERTIF-
 ICATION  COMMITTEE  OR  OTHER SUPERVISORY BODY, HAS OFFERED TO STEP DOWN
 FROM THE PANEL, OR HAS NEGOTIATED A SETTLEMENT  WITH  THE  COMMITTEE  OR
 OTHER SUPERVISORY BODY AND SUCH FORENSIC CHILD CUSTODY EVALUATOR WILL NO
 LONGER BE ON THE PANEL OF FORENSIC CUSTODY EVALUATORS.
   2. FOR THE PURPOSES OF THIS SUBDIVISION:
   (I)  "FORENSIC CHILD CUSTODY EVALUATOR" SHALL MEAN A LICENSED PSYCHIA-
 TRIST, PSYCHOLOGIST OR SOCIAL WORKER AUTHORIZED BY STATUTE OR THE  COURT
 TO PERFORM A FORENSIC EVALUATION RELATING TO A PARTY OR A CHILD IN ORDER
 TO ASSIST THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   (II)  "FORENSIC  CUSTODY  REPORT" SHALL MEAN ANY REPORT, ASSESSMENT OR
 EVALUATION PREPARED BY A FORENSIC CHILD CUSTODY EVALUATOR  AND  USED  BY
 THE COURT IN A CHILD CUSTODY OR VISITATION DETERMINATION.
   §  4.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the chief administrator of the
 courts, with the approval of the administrative board of the courts,  is
 authorized to promulgate any rules necessary to implement the provisions
 of this act on or before such effective date.

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The New York State Senate

senate Bill S2084

Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - Children and Families committee Vote

Children and Families Committee Vote: Jan 24, 2023

Co-Sponsors

S2084 (ACTIVE) - Details

S2084 (ACTIVE) - Summary

S2084 (ACTIVE) - Sponsor Memo

S2084 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2084

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Sponsored By

Current Bill Status - On Floor Calendar

Your Voice

Actions

Votes

Jan 24, 2023 - Children and Families committee Vote

Children and Families Committee Vote: Jan 24, 2023

Co-Sponsors

S2084 (ACTIVE) - Details

S2084 (ACTIVE) - Summary

S2084 (ACTIVE) - Sponsor Memo

S2084 (ACTIVE) - Bill Text download pdf

Comments