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A09619 Summary:

A09619 Actions:

A09619 Floor Votes:

A09619 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         9619--B
 
                   IN ASSEMBLY
 
                                      May 13, 2014
                                       ___________
 
        Introduced  by  M. of A. LIFTON, SWEENEY, RUSSELL, LUPARDO, ENGLEBRIGHT,
          FAHY, LAVINE, JAFFEE -- Multi-Sponsored by -- M. of A. RIVERA, SCHIMEL
          -- read once and referred to the Committee on Environmental  Conserva-
          tion  --  committee  discharged,  bill  amended,  ordered reprinted as
          amended and recommitted to said committee -- reported and referred  to

          the  Committee  on  Codes -- reported and referred to the Committee on
          Rules -- Rules Committee discharged, bill amended,  ordered  reprinted
          as amended and recommitted to the Committee on Rules
 
        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:
 
     1    Section 1. The environmental conservation law is amended by  adding  a
     2  new section 9-1710 to read as follows:
     3  § 9-1710. Aquatic invasive species; spread prevention.
     4    1. For purposes of this section:
     5    (a)  "Watercraft"  shall mean every motorized or non-motorized boat or

     6  vehicle capable of being used or operated as a means  of  transportation
     7  or recreation in or on water.
     8    (b)  "Launch" shall mean to place a watercraft or floating dock into a
     9  public waterbody or any inlet  or  outlet  to  such  waterbody  for  any
    10  purpose,  including  by  trailer  or  other device or carrying by hand a
    11  watercraft into the waterbody.
    12    2. No person shall launch a watercraft or floating dock unless it  can
    13  be demonstrated that reasonable precautions such as removal of any visi-
    14  ble  plant  or  animal matter, washing, draining or drying as defined by
    15  the department pursuant to rules and regulations, have been taken.
    16    § 2. Section 71-0703 of the environmental conservation law is  amended

    17  by adding a new subdivision 10 to read as follows:
    18    10.  Any  person  who violates section 9-1710 of this chapter shall be
    19  guilty of a violation and shall be punishable  and  liable  to  a  civil
    20  penalty as provided in subdivision one of this section, provided, howev-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15022-10-4
        A. 9619--B                          2
 
     1  er,  that  for  any  first violation in lieu of a penalty there shall be
     2  issued a written warning by the  department  and  there  shall  also  be
     3  issued education materials at the discretion of the department regarding

     4  requirements  related  to invasive species. Such person shall be subject
     5  to a fine of up to one hundred fifty dollars for a second offense, up to
     6  two hundred fifty dollars for a third offense,  and  no  less  than  two
     7  hundred fifty dollars nor more than one thousand dollars for a fourth or
     8  subsequent offense.
     9    §  3.  Subdivision 1 of section 11-0323 of the environmental conserva-
    10  tion law, as separately amended by section 19 of part H  of  chapter  58
    11  and chapter 342 of the laws of 2012, is amended to read as follows:
    12    1. The department shall compile and index each year after the adjourn-
    13  ment  of the legislature the laws relating to fish and wildlife, as well
    14  as invasive species (as defined in section 9-1703  and  9-1710  of  this

    15  chapter), as amended to date. Copies of the compilation shall be printed
    16  in  pamphlet form of pocket size in the number for which the legislature
    17  may appropriate funds.
    18    § 4. This act shall take effect one year after it shall have become  a
    19  law,  and  shall  expire and be deemed repealed June 1, 2019.  Effective
    20  immediately, the addition, amendment, and/or repeal of any rule or regu-
    21  lation necessary for the timely implementation of this act on its effec-
    22  tive date is authorized to be made on or before such effective date.