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

                                  4160

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2009
                               ___________

Introduced  by M. of A. CLARK, BRENNAN, PHEFFER, JACOBS, CARROZZA, SCAR-
  BOROUGH, MILLMAN, P. RIVERA,  LANCMAN,  TITUS,  BOYLAND,  BENJAMIN  --
  Multi-Sponsored  by -- M. of A.  COOK, GABRYSZAK, GIANARIS, GOTTFRIED,
  HIKIND, LENTOL, MAISEL, MARKEY, ROBINSON, TITONE, WEISENBERG  --  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 on public health and safety  concerns  associated
  with  establishments  that  slaughter and process fowls; 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
article 5-E to read as follows:
                               ARTICLE 5-E
     TASK FORCE ON PUBLIC HEALTH AND SAFETY CONCERNS ASSOCIATED WITH
             ESTABLISHMENTS THAT SLAUGHTER AND PROCESS FOWLS

SECTION 97. TASK FORCE ON PUBLIC HEALTH AND SAFETY  CONCERNS  ASSOCIATED
              WITH ESTABLISHMENTS THAT SLAUGHTER AND PROCESS FOWLS.
        98. POWERS AND DUTIES.

  S  97. TASK FORCE ON PUBLIC HEALTH AND SAFETY CONCERNS ASSOCIATED WITH
ESTABLISHMENTS THAT SLAUGHTER AND PROCESS FOWLS. 1. THE  TASK  FORCE  ON
PUBLIC  HEALTH  AND  SAFETY CONCERNS ASSOCIATED WITH ESTABLISHMENTS THAT
SLAUGHTER AND PROCESS FOWLS IS HEREBY CREATED TO EXAMINE, EVALUATE,  AND
DETERMINE  THE  EFFECT  ON  PUBLIC HEALTH AND SAFETY CONCERNS ASSOCIATED
WITH ESTABLISHMENTS THAT SLAUGHTER AND PROCESS FOWLS ON-SITE IN THE CITY
OF NEW YORK. IN ADDITION, TO DETERMINE AND EVALUATE WHETHER AREAS HEAVI-
LY POPULATED WITH RESIDENCES ARE  SUITABLE  LOCATIONS  FOR  SITING  SUCH
BUSINESS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07162-01-9

              

A. 4160                             2

  2.  SUCH  TASK  FORCE SHALL CONSIST OF THIRTEEN MEMBERS, EACH TO SERVE
UNTIL MAY FIRST, TWO THOUSAND ELEVEN.  SUCH MEMBERS SHALL  BE  APPOINTED
AS  FOLLOWS:  THREE  SHALL  BE APPOINTED BY THE GOVERNOR; THREE SHALL BE
APPOINTED BY THE TEMPORARY PRESIDENT  OF  THE  SENATE;  THREE  SHALL  BE
APPOINTED  BY THE SPEAKER OF THE ASSEMBLY; AND TWO SHALL BE APPOINTED BY
THE MAYOR OF THE CITY OF NEW  YORK.  ADDITIONAL  MEMBERS  SHALL  BE  THE
COMMISSIONER  AND  THE  COMMISSIONER  OF  HEALTH OR HIS OR HER DESIGNEE.
APPOINTMENTS SHALL BE MADE WITHIN SIXTY DAYS OF THE  EFFECTIVE  DATE  OF
THIS  ARTICLE. VACANCIES IN THE TASK FORCE SHALL BE FILLED IN THE MANNER
PROVIDED FOR ORIGINAL APPOINTMENTS.
  3. ALL APPOINTEES  SHALL  HAVE  EXPERTISE  IN  FIELDS  OR  DISCIPLINES
RELATED TO SLAUGHTERHOUSES, SLAUGHTERING OF FOWLS AND SITING OF SLAUGHT-
ERHOUSES.  FURTHERMORE, THE APPOINTMENTS MADE BY THE TEMPORARY PRESIDENT
OF  THE  SENATE  AND THE SPEAKER OF THE ASSEMBLY SHALL BE COORDINATED TO
ENSURE GEOGRAPHIC REPRESENTATION FROM THE GREATER METROPOLITAN NEW  YORK
CITY REGION AND IMMEDIATELY SURROUNDING COMMUNITIES.
  4.  THE  TASK FORCE SHALL BE CHAIRED BY THE COMMISSIONER OR HIS OR HER
DESIGNEE. THE TASK FORCE SHALL ELECT A VICE-CHAIR  AND  OTHER  NECESSARY
OFFICERS FROM AMONG ALL APPOINTED MEMBERS.
  5.  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.
  6. 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.
  7.  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.
  S 98. POWERS AND DUTIES. 1. THE TASK FORCE ESTABLISHED SHALL:
  (A)  IDENTIFY,  STUDY  AND  DETERMINE  THE  PUBLIC  HEALTH  AND SAFETY
CONCERNS ASSOCIATED WITH ESTABLISHMENTS THAT SLAUGHTER AND PROCESS FOWLS
AND THE SUITABILITY OF LOCATIONS FOR SITING OF SAID BUSINESS.
  (B) EVALUATE WHETHER STATE LAW SUFFICIENTLY RESOLVES ISSUES RELATED TO
PUBLIC HEALTH, SAFETY AND SITING OF SAID BUSINESS.
  (C) PREPARE A REPORT IDENTIFYING POLICY  OPTIONS  AND  RECOMMENDATIONS
REGARDING  LEGISLATION  REQUIRED  TO  RESOLVE  PUBLIC  HEALTH AND SAFETY
CONCERNS ASSOCIATED WITH ESTABLISHMENTS THAT SLAUGHTER AND PROCESS  FOWL
AND THE PROPER LOCATION OF SAME.
  2.  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.
  3.  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.
  4.  THE  TASK  FORCE  SHALL  SUBMIT A REQUEST FOR ANY APPROPRIATION AS
SHALL BE NECESSARY TO ENABLE THE TASK FORCE TO PERFORM ITS FUNCTIONS AND

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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.
  5. THE TASK FORCE MAY HOLD PUBLIC HEARINGS, TAKE  TESTIMONY  AND  MAKE
INVESTIGATIONS AT SUCH PLACES AS IT DEEMS NECESSARY.
  6.  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  OCTOBER
FIRST,  TWO  THOUSAND  TEN,  AND A FINAL REPORT OF ITS FINDINGS, CONCLU-
SIONS, RECOMMENDATIONS AND ACTIVITIES ALREADY  UNDERTAKEN  BY  THE  TASK
FORCE,  NOT  LATER  THAN MAY FIRST, TWO THOUSAND ELEVEN AND SHALL SUBMIT
WITH ITS REPORTS LEGISLATIVE PROPOSALS AS IT DEEMS NECESSARY  TO  IMPLE-
MENT ITS RECOMMENDATIONS.
  S  2.  This  act shall take effect immediately and shall expire May 1,
2011 when upon such date the provisions of  this  act  shall  be  deemed
repealed.