S T A T E O F N E W Y O R K
________________________________________________________________________
4306
2005-2006 Regular Sessions
I N A S S E M B L Y
February 9, 2005
___________
Introduced by M. of A. ORTIZ, ESPAILLAT -- Multi-Sponsored by -- M. of
A. ROBINSON, SEMINERIO, TOWNS -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to creating the office of
advocate for wildlife
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The executive law is amended by adding a new article 49-C
2 to read as follows:
3 ARTICLE 49-C
4 OFFICE OF ADVOCATE FOR WILDLIFE
5 SECTION 998. DEFINITIONS.
6 998-A. OFFICE OF ADVOCATE FOR WILDLIFE.
7 998-B. GENERAL POWERS AND DUTIES OF OFFICE.
8 998-C. ADVISORY COUNCIL TO THE ADVOCATE.
9 998-D. ASSISTANCE OF OTHER STATE AGENCIES.
10 998-E. GRANTS OR GIFTS.
11 998-F. REPORTS.
12 S 998. DEFINITIONS. AS USED IN THIS ARTICLE:
13 1. "ADVOCACY" MEANS THE ACT OF PROMOTING AND ENCOURAGING THE
14 PROTECTION, CONSERVATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABI-
15 TATS.
16 2. "COUNCIL" MEANS THE ADVISORY COUNCIL TO THE ADVOCATE CREATED BY
17 SECTION NINE HUNDRED NINETY-EIGHT-C OF THIS ARTICLE.
18 3. "OFFICE" MEANS THE OFFICE OF ADVOCATE FOR WILDLIFE CREATED BY
19 SECTION NINE HUNDRED NINETY-EIGHT-A OF THIS ARTICLE.
20 4. "WILDLIFE" MEANS ALL ANIMAL LIFE EXISTING IN A WILD STATE IN THE
21 STATE OF NEW YORK INCLUDING "FISH" AS DEFINED IN PARAGRAPH A OF SUBDIVI-
22 SION ONE, "GAME" AS DEFINED IN SUBDIVISION TWO AND "SHELLFISH" AS
23 DEFINED IN SUBDIVISION NINE OF SECTION 11-0103 OF THE ENVIRONMENTAL
24 CONSERVATION LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD06532-01-5
A. 4306 2
1 5. "ADVOCATE" MEANS THE STATE ADVOCATE FOR WILDLIFE APPOINTED PURSUANT
2 TO SECTION NINE HUNDRED NINETY-EIGHT-A OF THIS ARTICLE.
3 6. "STATE AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION,
4 DIVISION, OFFICE, COUNCIL OR AGENCY OF THE STATE, OR A PUBLIC BENEFIT
5 CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
6 APPOINTED BY THE GOVERNOR.
7 S 998-A. OFFICE OF ADVOCATE FOR WILDLIFE. 1. THERE IS HEREBY CREATED
8 WITHIN THE EXECUTIVE DEPARTMENT AN OFFICE OF ADVOCATE FOR WILDLIFE.
9 2. THE HEAD OF SUCH OFFICE SHALL BE THE STATE ADVOCATE FOR WILDLIFE,
10 WHO SHALL BE APPOINTED BY THE GOVERNOR BY AND WITH THE ADVICE AND
11 CONSENT OF THE SENATE, AND SHALL HOLD OFFICE AT THE PLEASURE OF THE
12 GOVERNOR. THE ADVOCATE SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
13 GOVERNOR WITHIN THE AMOUNT AVAILABLE THEREFOR BY APPROPRIATION. THE
14 ADVOCATE SHALL ALSO BE ENTITLED TO RECEIVE REIMBURSEMENT FOR EXPENSES
15 ACTUALLY AND NECESSARILY INCURRED IN THE PERFORMANCE OF HIS OR HER
16 DUTIES.
17 3. THE ADVOCATE MAY APPOINT SUCH OFFICERS, EMPLOYEES, AGENTS, CONSULT-
18 ANTS AND SPECIAL COMMITTEES AS HE OR SHE MAY DEEM NECESSARY, PRESCRIBE
19 THEIR DUTIES, FIX THEIR COMPENSATION AND PROVIDE FOR REIMBURSEMENT OF
20 THEIR EXPENSES WITHIN THE AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION.
21 S 998-B. GENERAL POWERS AND DUTIES OF OFFICE. THE PRIMARY TASKS OF THE
22 OFFICE SHALL BE ADVOCACY ON BEHALF OF WILDLIFE, AND ASSURING, ON BEHALF
23 OF THE STATE, THAT PROPER CONSIDERATION IS GIVEN TO THE NEED TO PROTECT,
24 CONSERVE AND PRESERVE WILDLIFE AND WILDLIFE HABITATS. TO CARRY OUT SUCH
25 TASKS THE OFFICE SHALL HAVE THE FOLLOWING POWER AND DUTIES:
26 1. TO ADVISE AND ASSIST THE GOVERNOR, THE LEGISLATURE AND STATE AGEN-
27 CIES IN THE DEVELOPMENT OF STATE POLICIES DESIGNED TO PROTECT, CONSERVE
28 AND PRESERVE WILDLIFE AND WILDLIFE HABITATS;
29 2. TO STUDY THE OPERATION OF LAWS RELATING TO WILDLIFE PROTECTION AND
30 RECOMMEND TO THE GOVERNOR, THE LEGISLATURE AND STATE AGENCIES NEW LAWS
31 AND AMENDMENTS OF EXISTING LAWS FOR WILDLIFE PROTECTION AND TO COMMENT
32 ON NEW LAWS AND AMENDMENTS OF EXISTING LAWS PROPOSED BY STATE AGENCIES,
33 POLITICAL SUBDIVISIONS OF THE STATE, THE LEGISLATURE, THE GOVERNOR OR
34 OTHERS;
35 3. TO COOPERATE WITH STATE AGENCIES TO ASSURE THAT POLICIES AND
36 PROGRAMS WHICH THE LEGISLATURE AND THE GOVERNOR HAVE AUTHORIZED ARE
37 PROVIDED IN A MANNER WHICH BEST SERVES THE GOALS OF PROTECTION, CONSER-
38 VATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABITATS;
39 4. TO INITIATE, INTERVENE IN, OR PARTICIPATE IN ANY PROCEEDINGS BEFORE
40 ANY FEDERAL, STATE OR LOCAL GOVERNMENTAL BODY OR AGENCY OR IN ANY COURT
41 OF COMPETENT JURISDICTION IN THE STATE OF NEW YORK, WHERE THE ADVOCATE
42 DEEMS SUCH INITIATION, INTERVENTION OR PARTICIPATION TO BE NECESSARY OR
43 APPROPRIATE, FOR THE PROMOTION, PROTECTION AND CONSERVATION OF WILDLIFE
44 AND WILDLIFE HABITATS AND TO REPRESENT THE INTERESTS OF WILDLIFE BEFORE
45 FEDERAL, STATE AND LOCAL GOVERNMENTAL BODIES AND AGENCIES;
46 5. TO SEEK JUDICIAL REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE CIVIL
47 PRACTICE LAW AND RULES FROM THE ACTIONS OF ANY STATE AGENCY AFFECTING
48 WILDLIFE OR WILDLIFE HABITATS;
49 6. TO CONDUCT INVESTIGATIONS, RESEARCH, STUDIES AND ANALYSES OF
50 MATTERS AFFECTING THE INTERESTS OF WILDLIFE WITHIN NEW YORK STATE;
51 7. TO REVIEW, COMMENT, AND REPORT ON THE ADEQUACY OF, AND PARTICIPATE
52 IN THE DEVELOPMENT OF, ENVIRONMENTAL IMPACT STATEMENTS PREPARED BY OR
53 SUBMITTED TO ANY STATE AGENCY OR POLITICAL SUBDIVISION OF THE STATE;
54 8. TO COOPERATE WITH AND ASSIST THE ATTORNEY GENERAL AND OTHER STATE
55 AGENCIES AND POLITICAL SUBDIVISIONS OF THE STATE IN THE CARRYING OUT OF
A. 4306 3
1 THEIR LEGAL ENFORCEMENT RESPONSIBILITIES WITH RESPECT TO MATTERS AFFECT-
2 ING THE INTERESTS OF WILDLIFE;
3 9. TO STIMULATE COMMUNITY INTEREST IN THE PROTECTION, CONSERVATION AND
4 PRESERVATION OF WILDLIFE AND WILDLIFE HABITATS AND TO PROMOTE PUBLIC
5 AWARENESS OF ACTIONS BEING PROPOSED OR TAKEN BY STATE AGENCIES, POLI-
6 TICAL SUBDIVISIONS OF THE STATE AND PRIVATE PARTIES WHICH AFFECT WILD-
7 LIFE OR WILDLIFE HABITATS AS WELL AS RESOURCES AVAILABLE FOR THE
8 PROTECTION, CONSERVATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABI-
9 TATS;
10 10. TO ADVISE AND ASSIST POLITICAL SUBDIVISIONS OF THE STATE IN THE
11 DEVELOPMENT OF LOCAL PROGRAMS FOR PROTECTION, CONSERVATION AND PRESERVA-
12 TION OF WILDLIFE AND WILDLIFE HABITATS;
13 11. TO PROVIDE A STATEWIDE INFORMATION AND REFERRAL SERVICE TO REFER
14 PERSONS SEEKING ASSISTANCE WITH REGARD TO THE PROTECTION, PRESERVATION
15 AND CONSERVATION OF WILDLIFE TO THE APPROPRIATE DEPARTMENTS AND AGENCIES
16 OF THE STATE AND FEDERAL GOVERNMENT OR TO ENTITIES PROVIDING SERVICES
17 THROUGH CONTRACTS WITH STATE OR FEDERAL GOVERNMENT DEPARTMENTS OR AGEN-
18 CIES;
19 12. TO COORDINATE THE ACTIVITIES OF ALL STATE AGENCIES PERFORMING
20 FUNCTIONS AFFECTING WILDLIFE AND TO SERVE AS A CLEARINGHOUSE FOR INFOR-
21 MATION RELATING TO THE PROTECTION, CONSERVATION AND PRESERVATION OF
22 WILDLIFE AND WILDLIFE HABITATS;
23 13. TO ADVISE AND ASSIST EDUCATIONAL INSTITUTIONS IN THE STATE IN THE
24 DEVELOPMENT OF WILDLIFE EDUCATION PROGRAMS AS WELL AS COURSES OF STUDY
25 FOR PERSONS ENGAGED IN PUBLIC OR PRIVATE PROGRAMS FOR THE PROTECTION,
26 CONSERVATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABITATS, AS WELL
27 AS TO COORDINATE THE RESEARCH AND OTHER RESOURCES OF SUCH EDUCATIONAL
28 INSTITUTION TO SERVE THE PROTECTION, CONSERVATION AND PRESERVATION OF
29 WILDLIFE AND WILDLIFE HABITAT;
30 14. TO ADVISE AND ASSIST THE GOVERNOR, THE LEGISLATURE, STATE AGEN-
31 CIES, AND PRIVATE SECTOR ENTITIES IN THE DESIGN AND IMPLEMENTATION OF
32 INITIATIVES TO INCREASE THE PROTECTION, CONSERVATION AND PRESERVATION OF
33 WILDLIFE AND WILDLIFE HABITATS;
34 15. TO CONDUCT OR CAUSE TO BE CONDUCTED STUDIES RELATING TO THE
35 PROTECTION, CONSERVATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABI-
36 TATS AS MAY BE APPROPRIATE;
37 16. TO ENTER INTO CONTRACTS, WITHIN THE AMOUNT AVAILABLE THEREFOR BY
38 APPROPRIATION, WITH INDIVIDUALS, ASSOCIATIONS, COOPERATIONS AND GOVERN-
39 MENTAL AGENCIES IN THE EXERCISE OF ANY OF ITS POWERS OR THE PERFORMANCE
40 OF ANY OF ITS DUTIES; AND
41 17. TO STUDY, DEVELOP, ENCOURAGE AND PROVIDE ASSISTANCE FOR NON-LETHAL
42 MANAGEMENT OF WILDLIFE.
43 S 998-C. ADVISORY COUNCIL TO THE ADVOCATE. 1. THERE SHALL BE WITHIN
44 THE OFFICE AN ADVISORY COUNCIL TO THE ADVOCATE CONSISTING OF FIFTEEN
45 MEMBERS TO BE APPOINTED BY THE GOVERNOR. IN MAKING SUCH APPOINTMENTS,
46 THE GOVERNOR SHALL GIVE DUE CONSIDERATION TO REPRESENTATION FOR THE
47 MAJOR REGIONS OF THE STATE. IN ADDITION TO THE FIFTEEN APPOINTED
48 MEMBERS, THE COUNCIL SHALL INCLUDE, EX-OFFICIO, NON-VOTING MEMBERS, THE
49 COMMISSIONERS OF THE DEPARTMENTS OF AGRICULTURE AND MARKETS, ENVIRON-
50 MENTAL CONSERVATION, EDUCATION AND HEALTH. THE GOVERNOR SHALL DESIGNATE
51 ONE OF THE APPOINTED MEMBERS OF THE COUNCIL TO SERVE AS CHAIRPERSON AND
52 ONE OF THE APPOINTED MEMBERS OF THE COUNCIL TO SERVE AS VICE-CHAIRPER-
53 SON, AND EACH SHALL SO SERVE AT THE PLEASURE OF THE GOVERNOR. THE COUN-
54 CIL SHALL MEET FROM TIME TO TIME AT THE CALL OF THE CHAIRPERSON OR THE
55 ADVOCATE.
A. 4306 4
1 2. ALL APPOINTED MEMBERS OF THE COUNCIL SHALL BE APPOINTED TO SERVE
2 FOR A TERM OF THREE YEARS, PROVIDED, HOWEVER, THAT OF THE MEMBERS FIRST
3 APPOINTED, FIVE SHALL BE APPOINTED FOR ONE YEAR TERMS AND FIVE SHALL BE
4 APPOINTED FOR TWO YEAR TERMS. ANY MEMBER APPOINTED TO FILL A VACANCY
5 CREATED OTHERWISE THAN BY EXPIRATION OF TERM SHALL BE APPOINTED FOR THE
6 UNEXPIRED TERM OF THE MEMBER HE OR SHE IS APPOINTED TO SUCCEED.
7 3. THE APPOINTED MEMBERS OF THE COUNCIL SHALL SERVE WITHOUT SALARY,
8 BUT APPOINTED MEMBERS SHALL BE ENTITLED TO REIMBURSEMENT FOR THEIR ACTU-
9 AL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE OF THEIR OFFICIAL
10 DUTIES. 11 4. THE COUNCIL SHALL ADVISE THE ADVOCATE WITH RESPECT TO THE
12 PROTECTION, CONSERVATION AND PRESERVATION OF WILDLIFE AND WILDLIFE HABI-
13 TATS.
14 S 998-D. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE
15 PURPOSES OF THIS ARTICLE, THE ADVOCATE MAY REQUEST FROM ANY STATE AGENCY
16 OR ANY POLITICAL SUBDIVISION OF THE STATE, AND THE SAME ARE AUTHORIZED
17 TO PROVIDE SUCH ASSISTANCE, SERVICES, FACILITIES AND DATA AS WILL ENABLE
18 THE OFFICE TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES. INFORMATION,
19 BOOKS, RECORDS OR DATA WHICH ARE CONFIDENTIAL AS PROVIDED BY LAW SHALL
20 BE KEPT CONFIDENTIAL BY THE ADVOCATE AND ANY LIMITATIONS ON THE RELEASE
21 THEREOF, IMPOSED BY LAW UPON THE PARTY FURNISHING THE INFORMATION,
22 BOOKS, RECORDS OR DATA SHALL APPLY TO THE ADVOCATE.
23 S 998-E. GRANTS OR GIFTS. THE ADVOCATE, WITH THE APPROVAL OF THE
24 GOVERNOR, MAY ACCEPT AS AGENT OF THE STATE ANY GIFT, GRANT, DEVISE OR
25 BEQUEST, WHETHER CONDITIONAL OR UNCONDITIONAL (NOTWITHSTANDING THE
26 PROVISIONS OF SECTION ELEVEN OF THE STATE FINANCE LAW), INCLUDING FEDER-
27 AL GRANTS OR OTHER FINANCIAL ASSISTANCE, FOR ANY OF THE PURPOSES OF THIS
28 ARTICLE. ANY MONIES SO RECEIVED MAY BE EXPENDED BY THE OFFICE TO EFFEC-
29 TUATE ANY PURPOSE OF THIS ARTICLE, SUBJECT TO THE SAME LIMITATIONS AS TO
30 APPROVAL OF EXPENDITURES AND AUDIT AS ARE PRESCRIBED FOR STATE MONIES
31 APPROPRIATED FOR THE PURPOSES OF THIS ARTICLE.
32 S 998-F. REPORTS. THE OFFICE SHALL SUBMIT AN ANNUAL REPORT TO THE
33 GOVERNOR AND THE LEGISLATURE.
34 S 2. This act shall take effect on the first of November next succeed-
35 ing the date on which it shall have become a law.
.SO DOC A 4306 *END* BTXT 2005
