Friday, April 15, 2011

NYSCC position's




March  31, 2011
Bills listed here have seen action other than introduction since January 1, 2011.  The last action is shown for each bill.  A glossary of the terms used in this report is included on the last page.
A 153 Sayward 03/21/11 opinion referred to judiciary. Same as S 506 LITTLE 01/05/11 REFERRED TO JUDICIARY; 01/14/11 TO ATTORNEY-GENERAL FOR OPINION. Amd Art 14 S1, Constn Authorizes state residents to gather dead timber from the floor of the state forest preserve when such timber is on the side of a public highway. NYSCC Position: S

A 277 Dinowitz 01/05/11 referred to aging. Same as S 297 DIAZ 02/22/11 NOTICE OF COMMITTEE CONSIDERATION – REQUESTED. Add S13.20, Pks & Rec L Provides that the office of parks, recreation & historic preservation or any other agency setting fees for the use of overnight camping facilities shall set such rate at five dollars for residents of the state 65 years of age or over for the use of such facilities. NYSCC Position: O

A 295A Hevesi 03/15/11 reported referred to codes. Amd S11-0511, En Con L Makes technical corrections to provisions on possession and transportation of wildlife. NYSCC Position: S

A 334 Paulin 01/18/11 REFERRED TO ENVIRONMENTAL CONSERVATION. Same as S 1678 KLEIN
01/11/11 REFERRED TO ENVIRONMENTAL CONSERVATION. Amd S8-0113, En Con L Directs the department of environmental conservation to update any forms or documentation prepared by such department which are designed to assist applicants and lead agencies in determining whether certain projects or actions have a significant effect on the environment; and provides such updates shall ensure the consideration of changes in science and emerging issues in environmental protection. NYSCC Position: O

A 378A Magee 01/26/11 amend and recommit to codes. Amd SS11-0701, 11-0901 & 11-1103, En Con L Relates to trapping license to trap snapping turtles. NYSCC Position: S

A 408 Hoyt  01/18/11 REFERRED TO JUDICIARY. Same as S 2779 YOUNG 02/01/11 REFERRED TO JUDICIARY. Add S329-a, RP L Provides for the lapse of oil and gas interests located within Allegany state park if unused for 20 years prior to effective date of act unless a statement of claim is filed by the owner prior to the end of the 20 year period or within 2 years of the effective date of the act, whichever is later; provides upon such lapse ownership shall revert to New York state; procedures and definitions. NYSCC Position: O

A 444 Magee 01/05/11 referred to agriculture. Same as S 2485 LITTLE 03/09/11 referred to agriculture. Amd S225, Ag & Mkts L; amd S9-0505, En Con L Directs the wood products development council to work to improve public understanding of the timber industry and authorizes the department of environmental conservation to execute contracts for timber or other forest products valued at under $50,000 without approval from the state comptroller. NYSCC Position: S



A 512 Sayward 01/05/11 referred to codes. Same as S 823 LITTLE 03/08/11 COMMITTEE DISCHARGED AND COMMITTED TO JUDICIARY. Amd S212, CPLR; amd S813, Exec L Establishes a ten year statute of limitations to enforce violations of rules and regulations of Adirondack park agency committed within the Adirondack park. NYSCC Position: S

A 611 Peoples-Stokes 03/17/11 advanced to third reading. Same as S 2703 SERRANO 01/28/11 REFERRED TO ENVIRONMENTAL CONSERVATION. Add S3-0308, En Con L Identifies the criteria the commissioner of environmental conservation should consider in publishing a list of high local environmental impact zones; these are areas most adversely affected by existing environmental hazards. NYSCC Position: O

A 693 Englebright  02/07/11 REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION. Same as S 1918 SERRANO 01/14/11 REFERRED TO CULTURAL AFFAIRS, TOURISM, PARKS AND RECREATION. Add S13.14, Pks & Rec L Requires the conducting of public hearings and reports thereon prior to the closure to public access of any real property by the office of parks, recreation and historic preservation. NYSCC Position: S

A 1103 Kolb 01/24/11 enacting clause stricken. Same as S 2975 NOZZOLIO 03/10/11 ADVANCED TO THIRD READING. Amd S11-0907, En Con L Allows for rifle hunting in that portion of Ontario County south of NYS route 20. NYSCC Position: S

A 1157 Schimel 01/05/11 referred to codes. Same as S 675 PERALTA 03/09/11 NOTICE OF COMMITTEE CONSIDERATION – WITHDRAWN. Amd SS265.00, 265.10 & 265.15, add SS265.38 & 265.39, Pen L Requires semiautomatic pistols manufactured or delivered to any licensed dealer in this state to be capable of microstamping ammunition; establishes fines for violations of this requirement and provides for an affirmative defense if the dealer had a certification from the manufacturer. NYSCC Position: O

A 1409A Thiele 03/09/11 amend and recommit to environmental conservation. Same as S 1456-A LAVALLE
03/22/11 referred to environmental conservation. Add S13-0373, En Con L Authorizes the catching and possession of up to 5 times the daily limit of fish during any 7 day period of time; authorizes the catching and possession on a single vessel of the maximum daily limit for each species of fish a person aboard the vessel is authorized to take. NYSCC Position: O

A 1442 Destito 03/09/11 enacting clause stricken. Same as A 6311 Brennan 03/14/11 referred to corporations, authorities and commissions. Amd S10, Can L Adds powers and duties to the canal corporation; directs the canal corporation to cause the design, preparation of plans, estimates and specifications and the supervision of the erection, construction, repair and removal of all structures referred to be performed by a licensed profes-sional engineer; directs preparation of a flood response plan; makes related provisions. NYSCC Position: O

A 1475 Rosenthal 01/10/11 referred to codes. Same as S 674 PERALTA 03/08/11 NOTICE OF COMMITTEE CONSIDERATION – REQUESTED. Amd S530.14, CP L; amd SS842-a & 846-a, Fam Ct Act Relates to the suspension and revocation of firearms licenses upon the issuance of orders of protection. NYSCC Position: O

A 1644 Kavanagh 01/11/11 referred to codes. Same as S 558 DIAZ 02/22/11 NOTICE OF COMMITTEE CONSIDERATION – REQUESTED. Add SS265.45 & 265.50, Pen L Creates the offenses of aggravated sale of a firearm and aggravated sale of a firearm to a minor. NYSCC Position: O

A 1843 Rosenthal 03/22/11 reported referred to codes. Same as S 3153 KRUGER 02/10/11 REFERRED TO AGRICULTURE. Amd S353-a, Ag & Mkts L Includes wildlife animals as those subject to the animal cruelty provisions of the agriculture and markets law. NYSCC Position: O

A 1896 Schroeder 01/12/11 referred to codes. Same as S 2488 GRIFFO 03/30/11 2ND REPORT. Amd S400.00, Pen L Relates to pistol permit privacy and makes all personal information regarding pistol or revolver licensees confidential except to law enforcement agencies and to individuals requesting information about a named individual. NYSCC Position: S

A 2021A Gunther 02/15/11 reported referred to codes. Same as S 177-A MAZIARZ 02/28/11 referred to codes. Amd SS11-0701, 11-0713, 11-0719 & 11-0929, En Con L Reduces the required minimum age for obtaining a junior archery license from fourteen years to twelve years of age. NYSCC Position: S

A 2122 Millman 02/15/11 reported referred to codes. Amd S353-b, Ag & Mkts L Specifies what constitutes appropriate shelter for dogs restrained outdoors and provides a dog shall not be left outdoors in weather that places the dog in imminent danger due to exposure to heat and cold. NYSCC Position: O

A 2229 Kavanagh 03/15/11 reported referred to codes. Amd S3-0311, En Con L Imposes penalties upon a state agency, public authority or public benefit corporation, which fails to complete a remediation plan within the projected time schedule for such plan; provides that upon such failure such agency shall be subject to a public hearing and required to explain the failure to complete the plan; provides that an amended plan shall be imposed which provides for involvement by community groups; provides that subsequent failure to remediate shall result in a fine. NYSCC Position: S

A 2305 Destito 03/14/11 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS. Amd S2, Pub Lds L Requires the commissioner of general services to maintain an inventory and audit of every state-owned real property or unappropriated state land that has been sold, transferred, conveyed or exchanged and contain a reverter clause pursuant to the public lands law or the unconsolidated laws.

A 2414 Gabryszak 01/18/11 referred to environmental conservation. Same as S 193 MAZIARZ 01/25/11 REPORTED AND COMMITTED TO FINANCE. Amd S11-0702, En Con L Amends the environmental conservation law, in relation to providing for lifetime sportsman licenses for honorably discharged, disabled veterans. NYSCC Position: O

A 2439 Englebright 03/15/11 reported referred to codes. Same as S 2324 LAVALLE 01/18/11 REFERRED TO ENVIRONMENTAL CONSERVATION. Add S13-0310, En Con L Prohibits the commercial taking of northern or lined seahorses. NYSCC Position: S

A 2494B O'Donnell 03/29/11 REFERRED TO CODES. Same as S 1003-A PERALTA 03/15/11 AMEND AND RECOMMIT TO CODES. Amd S530.14, CP L Requires the judge in a criminal proceeding or in a family court proceeding, upon issuance of an order of protection, to inquire as to the ownership of a firearm by the defendant or respondent. NYSCC Position: O




A 2882 Millman 01/20/11 referred to agriculture. Same as S 62 DIAZ 03/30/11 DEFEATED IN AGRICULTURE. Amd SS109 & 118, add SS112-a & 112-b, Ag & Mkts L Requires the micro-chipping of all dogs; creates a state registry to maintain the identification and contact information on all micro-chipped dogs; provides that such registry shall be available twenty-four hours a day. NYSCC Position: O

A 2922 Sweeney 01/21/11 referred to environmental conservation. Same as S 425 KRUEGER 03/18/11 NOTICE OF COMMITTEE CONSIDERATION – REQUESTED. Amd S23-0305, En Con L Relates to the regulation of the use of hydraulic fracturing fluids. NYSCC Position: S

A 2986 Burling 01/21/11 referred to environmental conservation. Same as S 2385 GALLIVAN 03/09/11 referred to environmental conservation. Amd S11-0907, En Con L Allows for rifle hunting in Wyoming County. NYSCC Position: S

A 3081 Lupardo 03/17/11 advanced to third reading. Same as S 670 PERALTA 03/08/11 NOTICE OF COMMITTEE CONSIDERATION – REQUESTED. Amd SS265.20 & 400.05, Pen L; amd S330.20, add S730.55, CP L; amd SS9.60 & 29.03, add SS9.36 & 15.36, Ment Hyg L Authorizes courts to revoke firearms license and seize the weapons of certain individuals. NYSCC Position: O

A 3292A Weisenberg  02/28/11 amend and recommit to codes. Amd S265.00, add SS265.45, 265.50, 265.55, 265.60, 265.65 & 265.70, Pen L; amd S396-ee, Gen Bus L; amd S305, Ed L Enacts the "children's weapon accident prevention act"; creates crimes of failure to store a weapon safely in the first and second degrees, aggravated failure to store a weapon, and criminally negligent storage of a weapon in the first and second degrees; provides affirmative defenses; directs the commissioner of education to develop a weapons safety program. NYSCC Position: O

A 3296 Lupardo 01/24/11 referred to environmental conservation. Same as S 783 YOUNG 02/01/11 ADVANCED TO THIRD READING. Amd S11-0923, En Con L Provides that any dog that has been released from their confinement for hunting purposes shall be deemed to be under the reasonable control of its owner while engaged in hunting or returning from hunting. NYSCC Position: S

A 3338 Gottfried 03/16/11 REFERRED TO HEALTH. Amd S2140, Pub Health L Relates to authorizing the seizure and confinement of animals in connection with the prevention of rabies. NYSCC Position: O

A 3374 Sweeney 03/17/11 advanced to third reading. Amd SS24-0105, 24-0107, 24-0301, 24-0701, 24-0703, 24-0901 & 24-0903, rpld S24-1305, En Con L Relates to the definition of freshwater wetlands; repeals section relating to the applicability of the freshwater wetlands article; provides authority of DEC over wetlands which are one acre or more; amends permitting requirements for subdivision of land. NYSCC Position: O

A 3409 Schimminger 02/17/11 reference changed to tourism, parks, arts and sports development. Same as
S 2686 GRISANTI 03/03/11 ADVANCED TO THIRD READING. Amd S3.09, Pks & Rec L; amd S277, Gen Muni L Directs the commissioner of parks, recreation and historic preservation to cooperate with municipalities in establishing adopt-a-park programs; municipalities may enter into agreements with volunteer groups for provision of services. NYSCC Position: S

A 3480 Russell 01/25/11 referred to environmental conservation. Same as S 2462 LIBOUS 03/10/11 referred to environmental conservation. Amd S11-0103, En Con L Authorizes an individual to angle for fish with up to three lines. NYSCC Position: O
A 3597 Kavanagh  03/31/11 advanced to third reading. Same as S 676 PERALTA 01/05/11 REFERRED TO CONSUMER PROTECTION. Amd S400.00, Pen L Requires employees of dealers in firearms to submit to state and national criminal background checks. NYSCC Position: O

A 3598 Kavanagh 03/24/11 advanced to third reading. Add S837-s, Exec L Requires the division of criminal justice services to report on handgun licenses. NYSCC Position: S

A 3900A Lavine 02/08/11 amend and recommit to codes. Amd SS265.04 & 265.20, Pen L Prohibits the possession of a loaded firearm at certain events involving public officials or in a government building; makes such crime a class B felony. NYSCC Position: O

A 4263 Magee 02/02/11 referred to environmental conservation. Same as S 656 VALESKY 03/14/11 referred to environmental conservation. Amd S11-0305, En Con L Authorizes DEC to designate additional fishing events as rehabilitation for armed forces veterans or active members. NYSCC Position: S

A 4357 Lifton 02/03/11 referred to environmental conservation. Same as S 1683 SEWARD 02/28/11 referred to environmental conservation. Amd S11-0907, En Con L Allows hunters to use a rifle during open season for deer in the county of Cortland. NYSCC Position: S

A 4729A Reilly 03/17/11 advanced to third reading. Same as S 2363-A SEWARD 03/14/11 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION. Amd S11-0501, En Con L Eliminates term limits for members on regional fish and wildlife management boards. NYSCC Position:  S

A 4786 Sweeney 02/15/11 reported referred to codes. Same as S 3421 LAVALLE 02/22/11 REFERRED TO ENVIRONMENTAL CONSERVATION. Amd S11-0903, En Con L Provides for the establishment of youth-only pheasant hunting days on Long Island. NYSCC Position: S

A 5142 Gabryszak 02/17/11 enacting clause stricken. Amd S11-0901, rpld sub 16, En Con L Allows persons 65 years and older and persons with disabilities to hunt with a long bow and to take wildlife with a cross bow; authorizes department to adopt regulations. NYSCC Position: S

A 5318A Sweeney 03/30/11 reported referred to ways and means. Same as S 3798 GRISANTI 03/10/11 ADVANCED TO THIRD READING. Amd SS15-1501 - 15-1503, 15-1505, 15-1521, 15-1529 & 71-1127, add S15-1504, rpld Art 15 Titles 16 & 33, En Con L Relates to the regulation of the use of the state's water resources; requires permits for interbasin diversions of water and approval of modification to existing systems.
NYSCC Position: O

A 5346 Sweeney 03/15/11 reported referred to ways and means. Add Art 19 Title 13 SS19-1301 - 19-1307, En Con L Relates to global warming pollution control; establishes greenhouse gas limits and a greenhouse gas reporting system. NYSCC Position: O

A 5487 Magee 02/22/11 referred to tourism, parks, arts and sports development. Same as S 554 LITTLE 02/28/11 referred to tourism, parks, arts and sports development. Amd S25.19, Pks & Rec L Authorizes persons under the age of fourteen to participate in special events involving snowmobiles. NYSCC Position: S


A 5530 Englebright 02/23/11 referred to tourism, parks, arts and sports development. Same as S 2747 SERRANO 03/15/11 REPORTED AND COMMITTED TO FINANCE. Add SS13.18 & 13.20, Pks & Rec L Directs the office of parks, recreation and historic preservation or other state agency having jurisdiction of a state park or recreational facility to establish a 3 year and a 5 year access fee that is valid in all state parks and recreational facilities. NYSCC Position: S

A 5638 Sweeney 03/31/11 advanced to third reading. Amd S71-2303, En Con L Requires restoration of areas adjacent to wetlands by those persons who, following procedures set forth in law, have been directed to cease violation and to restore the affected wetlands. NYSCC Position: S

A 5973 Burling 03/03/11 referred to environmental conservation. Same as S 794 YOUNG 02/28/11 referred to environmental conservation. Amd S11-0707, En Con L Provides that persons participating in a fishing class or clinic sponsored by a school or university are exempt from fishing license requirements. NYSCC Position: S

A 6055 Goodell 03/04/11 referred to environmental conservation. Same as S 801 YOUNG 02/28/11 referred to environmental conservation. Amd S11-0907, En Con L Allows hunters to use a rifle during open season for deer and bear in the county of Chautauqua south of route 20. NYSCC Position: S

A 6169 Thiele 03/08/11 referred to environmental conservation. S 3638 ZELDIN 03/21/11 COMMITTED TO FINANCE. Same as Rpld Part LL, Chap 59 of 2009; add S13-0533, En Con L Establishes a registration system for saltwater recreational fishing. NYSCC Position: O

A 6250 Blankenbush 03/10/11 referred to transportation. S 3318 RITCHIE 03/03/11 ADVANCED TO THIRD READING. Same as Amd S2281, V & T L Relates to the definition of all terrain vehicle or "ATV"; increases the dry weight of such vehicle from 1000 pounds to 1500 pounds. NYSCC Position: S

A 6281 Magee 03/11/11 referred to agriculture. Same as S 771 YOUNG 03/28/11 ADVANCED TO THIRD READING. Amd S95-a, Ag & Mkts L Provides that the information collected and maintained by the department of agriculture and markets relating to the registration and identification of premises and animals shall be confidential. NYSCC Position: S

A 6342A Englebright 03/17/11 amend (t) and recommit to governmental operations. Same as S 4204 GRISANTI 03/23/11 REFERRED TO INVESTIGATIONS AND GOVERNMENT OPERATIONS. Add S8-a, Pub Bldg L; add S77-f, Gen Muni L; amd S378, Exec L; add S3-0121, amd SS3-0301 & 11-0307, En Con L; add S93-a, St Fin L Enacts the "bird-friendly buildings act" to require use of bird-friendly building materials and design features in buildings. NYSCC Position: AR

A 6591A Rabbitt 03/30/11 amend (t) and recommit to environmental conservation. Amd S11-0907, En Con L Allows for rifle hunting in Rockland county. NYSCC Position: AR

S 61 DIAZ 03/30/11 amend (t) and recommit to environmental conservation. Amd SS107, 109 & 118, add S113-a, Ag & Mkts L Requires all dogs and their owners to successfully complete obedience training.
NYSCC Position: O



S 353 ROBACH 01/24/11 REPORTED AND COMMITTED TO FINANCE. Add SS209-h & 630-c, Tax L Allows taxpayers to contribute to the support of the animal population control fund by marking a space on a corporate or personal income tax return. NYSCC Position: S

S 653 VALESKY 01/25/11 REPORTED AND COMMITTED TO FINANCE. Add S11-0310, En Con L Requires the department of environmental conservation to prepare a report on the economic impact of hunting, fishing, and wildlife-associated activities in New York. NYSCC Position: SA

S 770 YOUNG 02/28/11 ADVANCED TO THIRD READING. Amd S301, Ag & Mkts L Includes game birds bred pursuant to a game bird license within the definition of "crops, livestock and livestock products" for purposes of agricultural districts. NYSCC Position: S

S 1205A GRIFFO 03/23/11 AMEND AND RECOMMIT TO TRANSPORTATION. Amd S2405, V & T L Authorizes a governmental agency, by rule or regulation, or municipality, by local law ordinance, to designate a highway or portion of highway as open for travel by an ATV in order to gain access to areas or trails adjacent to such highways. NYSCC Position: S

S 1427 SALAND 01/07/11 REFERRED TO JUDICIARY; 01/14/11 TO ATTORNEY-GENERAL FOR OPINION. Ren Art 20 to be Art 21, add Art 20, Constn Proposes a constitutional amendment protecting the right of the people to keep and bear arms for traditionally recognized purposes. NYSCC Position: S

S 1441 BRESLIN 03/03/11 ADVANCED TO THIRD READING. Amd S265.06, Pen L Makes it unlawful for any person age 16 or older to knowingly possess a knife on grounds used for educational purposes. NYSCC Position: O

S 1499 LITTLE 01/07/11 REFERRED TO JUDICIARY; 01/14/11 TO ATTORNEY-GENERAL FOR OPINION. Amd Art 14 S1, Constn Directs the department of environmental conservation, and any successor agency thereto, to establish a reasonable number of forest preserve management areas upon state lands, acquired on or after the effective date of this amendment to the constitution, which are made a part of the state forest preserve; authorizes the cutting, sale and removal of timber on such lands, and the use of motorized equipment for such purposes. NYSCC Position: S

S 2367 SEWARD 03/08/11 RECOMMIT, ENACTING CLAUSE STRICKEN. Amd S11-0713, En Con L Directs department of environmental conservation to establish a program to permit purchase of fishing licenses through the internet. NYSCC Position: O

S 2382 SEWARD 03/30/11 2ND REPORT. Ren Art 20 to be Art 21, add Art 20, Constn Prohibits counties and other local municipalities from regulating hunting, fishing, and trapping. NYSCC Position: S

S 2648            GRISANTI 03/03/11 ADVANCED TO THIRD READING. Amd SS11-0305 & 11-0713, En Con L Protects certain information on hunting, fishing and trapping license and permit applications from disclosure or release outside of the department of environmental conservation. NYSCC Position: S

S 2975            NOZZOLIO 03/10/11 ADVANCED TO THIRD READING. Amd S11-0907, En Con L Allows for rifle hunting in that portion of Ontario County south of NYS route 20. NYSCC Position: S

S 3742A GRIFFO 03/18/11 AMEND AND RECOMMIT TO TRANSPORTATION. Amd SS2281 & 2405, V & T L Amends the definition of all terrain vehicles; defines and authorizes the designation of highways and public lands for travel by certain recreational off-highway vehicles ("ROV"). NYSCC Position: AR

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Glossary of Legislative Terms
NYSCC Positions:  S = support; O = oppose; SA = support with amendments; SC = support, but with concerns; 
      AR = awaits review by NYSCC; NA = no position at this time.
Held for Consideration:  A bill fails to get sufficient votes to pass out of committee.
Rules Committee:  A committee in each house, led by its majority leader, through which all bills must pass after a designated date.
Reported:  The date on which a bill is placed on a floor calendar to be considered for a house vote, or the date on which a bill is sent to another committee for further consideration.
Referred:  The date on which a bill is given to a particular committee for consideration.
Ordered to Third Reading:  means that a bill reported out of its respective house committee and, by unanimous consent, the rules were suspended and said bill was ordered directly to the Third Reading Calendar. Each house has its own calendar.

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