S T A T E O F N E W Y O R K ________________________________________________________________________ 8514 I N S E N A T E November 24, 2010 ___________ Introduced by Sen. MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the environmental conservation law, in relation to the inspection of shellfish beds THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 7 of section 11-0305 of the environmental 2 conservation law is amended to read as follows: 3 7. A. To regulate the examination and inspection of shellfish grounds, 4 boats used in taking and buildings used for storage of shellfish, the 5 handling and shipment of shellfish, the floating of shellfish, the 6 removal of shellfish from unsanitary beds and their deposit on unpol- 7 luted grounds. 8 B. FOR PURPOSES OF THIS SUBDIVISION, ANY SHELLFISH COMPANY DOING BUSI- 9 NESS IN THIS STATE MAY ENTER INTO A CONTRACT WITH THE DEPARTMENT TO PAY 10 FOR OR REIMBURSE THE DEPARTMENT FOR THE EXAMINATION AND INSPECTION OF 11 SHELLFISH BEDS OWNED BY SUCH COMPANY. IN THE EVENT THE DEPARTMENT 12 REFUSES OR FAILS TO ENTER INTO SUCH A CONTRACT WITHIN TWENTY DAYS FROM 13 THE DATE SUCH EXAMINATION AND INSPECTION IS REQUESTED, SUCH SHELLFISH 14 COMPANY MAY CONTRACT WITH AN INDEPENDENT INSPECTOR TO CONDUCT SUCH EXAM- 15 INATION AND INSPECTION. ANY REPORT ISSUED UPON COMPLETION OF SUCH INDE- 16 PENDENT EXAMINATION AND INSPECTION SHALL BE KEPT ON FILE BY SUCH SHELLF- 17 ISH COMPANY FOR TWO YEARS AND SHALL BE MADE AVAILABLE TO THE DEPARTMENT 18 UPON REQUEST. NO PERSON HIRED BY THE DEPARTMENT OR WHO CONTRACTS WITH 19 THE DEPARTMENT TO CONDUCT AN EXAMINATION AND INSPECTION PURSUANT TO THIS 20 SUBDIVISION SHALL COUNT AGAINST THE DIVISION OF THE BUDGET'S FULL-TIME 21 EQUIVALENTS FOR THE DEPARTMENT; 22 S 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD18277-02-0