NY State Senate Bill 2009-S2700

Senate Bill S2700

2009-2010 Legislative Session

Authorizes employees of the division of fish, wildlife and marine resources acting in the performance of his or her official duties to use silencers

download bill text pdf

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to environmental conservation
Feb 26, 2009	referred to environmental conservation

2009-S2700 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §11-0931, En Con L

2009-S2700 (ACTIVE) - Summary

Authorizes employees of the division of fish, wildlife and marine resources acting in the performance of his or her official duties to use silencers.

2009-S2700 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S2700

 TITLE OF BILL :
An act to amend the environmental conservation law, in relation to
authorizing employees of the division of fish, wildlife and marine
resources to use silencers


 PURPOSE OR GENERAL IDEA OF THE BILL :

This bill would allow employees of the division of fish, wildlife and
marine resources (DFWMR) to possess and use supressed weapons, after
receiving training, for the purpose of controlling nuisance wildlife,
under the supervision of the DEC.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 of this bill amends subdivision 1 of section 11-0931 of the
environmental conservation law (ECL) allow employees of DFWMR, after
training, to use and possess firearms with silencers during the course
of employment.

Section 2 of the bill makes it effective immediately.

 JUSTIFICATION :
The Cormorants are a fairly large family of fish-eaters residing along
freshwater and saltwater shores around the world. They have a dramatic

effect on local fish populations because they breed in colonies
ranging from several pairs to a few thousand. They build their nests
of twigs and branches usually in trees or on the ground and usually on
islands favored also by other colonial nesting birds. Currently they
are controlled by the Department of Environmental Conservation (DEC).

Until May 2006, the DEC employees of the DFWMR were permitted to use
suppressed rifles as a means to control cormorant population and limit
their impact on local fish stock. In May 2006 the DEC prohibited
employees of the DFWMR from using suppressed rifles, indicating that
only DEC law enforcement officers may use suppressed rifles.

Currently, there are not enough DEC law enforcement officers available
to adequately control the cormorant population, rendering the control
effort useless. This bill would reauthorize the use of employees of
the DFWMR to be used to control the cormorant population, after
training and certification by DEC in consultation with the municipal
police training council.

 LEGISLATIVE HISTORY :
S.7104 of 2008

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S2700 (ACTIVE) - Bill Text download pdf

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

                                  2700

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 26, 2009
                               ___________

Introduced by Sen. AUBERTINE -- 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
  authorizing employees of the division of  fish,  wildlife  and  marine
  resources to use silencers

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

  Section 1. The opening paragraph of subdivision 1 of  section  11-0931
of  the environmental conservation law, as amended by chapter 135 of the
laws of 1982, is amended and a new subdivision 1-a is added to  read  as
follows:
  No  person  except a law enforcement officer in the performance of his
OR HER official duties OR, FOR PURPOSES OF PARAGRAPH A OF THIS  SUBDIVI-
SION  ONLY,  AN  EMPLOYEE  OF  THE DIVISION OF FISH, WILDLIFE AND MARINE
RESOURCES IN THE PERFORMANCE OF HIS OR HER OFFICIAL DUTIES, shall use in
hunting or possess in the fields or forests or  on  the  waters  of  the
state for any purpose:
  1-A.  NO  EMPLOYEE  OF  THE  DIVISION  OF  FISH,  WILDLIFE  AND MARINE
RESOURCES SHALL USE THE APPARATUS KNOWN AS A SILENCER UNTIL SUCH EMPLOY-
EE HAS SATISFACTORILY COMPLETED A COURSE  OF  TRAINING  IN  THE  USE  OF
SUPPRESSED  FIREARMS AND SILENCERS. THE DEPARTMENT, IN CONSULTATION WITH
THE MUNICIPAL POLICE TRAINING COUNCIL, IS HEREBY AUTHORIZED AND DIRECTED
TO DEVELOP AND ADMINISTER SUCH COURSE OF TRAINING  AND  PROVIDE  CERTIF-
ICATION TO SUCH EMPLOYEES UPON SATISFACTORY COMPLETION OF SUCH COURSE.
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08987-01-9

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