NY State Senate Bill 2013-S6667

Senate Bill S6667

2013-2014 Legislative Session

Imposes a moratorium on any plan or proposed plan of the department of environmental conservation to designate the mute swan as a prohibited invasive species or eliminate the mute swan from New York state

download bill text pdf

Archive: Last Bill Status - In Assembly 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 18, 2014	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1512 committee discharged and committed to rules
Feb 25, 2014	referred to environmental conservation

Votes

- Jun 18, 2014 - Floor Vote
  S6667
  
  59
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 18, 2014
      
      aye (59)
      
      Addabbo Jr.
      
      Avella
      
      Ball
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Farley
      
      Felder
      
      Flanagan
      
      Gallivan
      
      Gianaris
      
      Gipson
      
      Griffo
      
      Grisanti
      
      Hannon
      
      Hassell-Thompson
      
      Hoylman-Sigal
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Libous
      
      Little
      
      Marcellino
      
      Marchione
      
      Martins
      
      Maziarz
      
      Montgomery
      
      Nozzolio
      
      O'Brien
      
      O'Mara
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Sampson
      
      Sanders Jr.
      
      Savino
      
      Serrano
      
      Seward
      
      Skelos
      
      Smith
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tkaczyk
      
      Valesky
      
      Young
      
      Zeldin
      
      excused (2)
      
      Espaillat
      
      Golden
  Jun 18, 2014 - Rules Committee Vote
  S6667
  
  22
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 18, 2014
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      Dilan
      
      Farley
      
      Flanagan
      
      Hannon
      
      Hassell-Thompson
      
      Krueger
      
      LaValle
      
      Larkin
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      Nozzolio
      
      Parker
      
      Perkins
      
      Seward
      
      Skelos
      
      Stewart-Cousins
      
      Valesky
      
      aye wr (2)
      
      Gianaris
      
      Montgomery
      
      excused (1)
      
      Espaillat

2013-S6667 (ACTIVE) - Details

See Assembly Version of this Bill:: A8857
Current Committee:: Assembly Environmental Conservation
Law Section:: Environmental Conservation

2013-S6667 (ACTIVE) - Summary

2013-S6667 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S6667

TITLE OF BILL:  An act in relation to imposing a moratorium on any
plan or proposed plan of the department of environmental conservation
to designate the mute swan as a prohibited invasive species or
eliminate the mute swan from New York state

PURPOSE:  To impose a moratorium on the designation of mute swans as a
prohibited invasive species and the proposed management plan which
would eliminate the species in New York State until an independent
committee can report on whether such a designation should be made.

SUMMARY OF PROVISIONS:

Section 1. Imposes a moratorium on the designation of the mute swan as
a prohibited invasive species. Also imposes a moratorium on the
adoption and implementation of a management plan for mute swans.

Section 2. Provides for a committee to study the mute swan to
determine whether or not the swan should be designated a prohibited
species and, if so, should be eliminated in New York. The committee is
tasked to investigate management methods other than elimination and
make specific findings on each alternative. The committee appointed by
the Governor and Legislature, will be composed of seven members who
have knowledge and expertise in wildlife management and will report to
the Governor and Legislature within a year.

Section 3. Provides the moratorium shall remain in place until one
hundred and twenty days after the filing of the report.

JUSTIFICATION:  Mute swans have graced the ponds and waterways of Long
Island, the lower Hudson Valley and the shores of Lake Ontario for
over 120 years. While not a native species, the swans have become a
familiar sight and part of the ecology of these areas. The Department
of Environmental Conservation has filed draft regulations and a draft
management plan which would designate the mute swan as a prohibited
invasive species and provide for the elimination of the species in New
York State through various methods including euthanizing the animals.

This drastic approach has lead to questions about the basis of the
study conducted by the DEC and the necessity of a total elimination of
the mute swan. There are arguments that the population can be
maintained and controlled on a regional basis. Before the complete
eradication of a species, all avenues of possible preservation should
be explored. This legislation would allow an independent committee to
review the facts and examine all the alternative methods of dealing
with the mute swan.

LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE: Immediately.

2013-S6667 (ACTIVE) - Bill Text download pdf

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

    S. 6667                                                  A. 8857

                      S E N A T E - A S S E M B L Y

                            February 25, 2014
                               ___________

IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
  ed, and when printed to be committed to the Committee on Environmental
  Conservation

IN  ASSEMBLY  -- Introduced by M. of A. THIELE -- read once and referred
  to the Committee on Environmental Conservation

AN ACT in relation to imposing a moratorium on any plan or proposed plan
  of the department of environmental conservation to designate the  mute
  swan  as a prohibited invasive species or eliminate the mute swan from
  New York state

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

  Section  1. Notwithstanding any provisions of law, rule, or regulation
to the contrary, a moratorium is imposed on:
  a. any plan or  proposed  plan  of  the  department  of  environmental
conservation  to  designate  the  mute  swan  as  a  prohibited invasive
species; and
  b. the implementation of any management plan for  mute  swans  in  New
York state, including, but not limited to, any such management plan that
provides for the elimination of mute swans from New York state.
  S  2.  a.  There  is  hereby established a committee to study the mute
swan.  Such study shall undertake, as its primary  focus,  to  determine
whether  or  not the mute swan shall be designated as a prohibited inva-
sive species and, if so designated, whether or  not  the  population  of
mute  swans in New York state should be eliminated.  The committee shall
consider modalities other than the elimination of the species  and  make
specific  findings  as  to  the  efficacy  of those alternatives.   Such
committee shall report the findings of its study to the governor and the
legislature no later than one year after the effective date of this act.
  b. Such committee shall consist of seven members as  follows:    three
members who shall be appointed by the governor; two members who shall be
appointed  by the temporary president of the senate; and two members who
shall be appointed by the speaker of the assembly.  There  shall  be  no
more  than  one  member who is an employee of the department of environ-

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

                                                           LBD14133-03-4

S. 6667                             2                            A. 8857

mental conservation.  The committee shall select a chairperson from  the
members appointed by the governor.
  c.  The  appointed  members of the committee shall each have knowledge
and expertise in wildlife management, including, but not limited to  the
control of prohibited invasive species.
  d.  Appointed  members of the committee shall serve at the pleasure of
their appointing authority. A vacancy  in  membership  by  an  appointed
member  shall  be filled in the same manner as the original appointment.
Members of  the  committee  shall  receive  no  compensation  for  their
services but shall be reimbursed for all expenses actually and necessar-
ily incurred by them in the performance of their duties.
  S  3. The moratorium set forth in section one of this act shall remain
in full force and effect until 120 days after the committee to study the
mute swan reports its findings to the governor and  the  legislature  as
set forth in section two of this act.
  S 4. This act shall take effect immediately.

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