Assembly Bill A4729

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

                                 4729--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2011
                               ___________

Introduced by M. of A. REILLY -- read once and referred to the Committee
  on  Environmental  Conservation -- committee discharged, bill amended,
  ordered reprinted as amended and recommitted to said committee

AN ACT to amend the environmental conservation law, in relation to elim-
  inating term limits for regional fish and wildlife management boards

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

  Section  1.  Paragraph  a  of  subdivision 4 of section 11-0501 of the
environmental conservation law, as amended by chapter 64 of the laws  of
1987, is amended to read as follows:
  a. A regional fish and wildlife management board shall be appointed in
each  of  the  regions  established under subdivision 3 of this section.
Such regional board shall consist of  three  members  from  each  county
within  the  region which has appointed its members. In each county, one
member shall be a member of or represent the  board  of  supervisors  or
county  legislative  body,  one member shall represent the landowners of
the county and one member shall represent the sportsmen of  the  county.
Such  members from each county shall be appointed by the chairman of the
board of supervisors of such county with the approval of  the  board  of
supervisors, except that in a county having a county president, a county
executive  or other chief executive officer, the chief executive officer
shall appoint the members representing such county with the approval  of
the  board  of supervisors of such county. In a county having an elected
legislative body the presiding officer shall appoint the members repres-
enting such county with the approval of the legislative body.  If  there
is  no presiding officer then the members representing such county shall
be appointed by the legislative body as a whole.  If  a  member  of  the
board  of  supervisors  or legislative body is not available to actively
participate on the fish and wildlife management board, a  representative
shall  be  selected who is an elected county official or who is employed
by the county government in a position having administrative or  manage-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05834-02-1
              

A. 4729--A                          2

rial  authority.  A  landowner  representative must actually reside upon
rural lands within the county and actually be engaged in  the  operation
of  such  lands  for  production  of  agricultural commodities or forest
products.  If a landowner representative with such qualifications is not
available to actively participate on the fish  and  wildlife  management
board,  a representative may be appointed who has been for at least five
of the past ten years, before commencing his first term in any series of
consecutive terms, engaged in such operation of  rural  lands,  and  who
resides  within the county he represents. If no landowner representative
with either of these qualifications is available to actively participate
on the fish and  wildlife  management  board  a  representative  may  be
appointed  who is a resource manager engaged in such operations on rural
lands, and designated by the corporate owner of those lands to represent
the landowner's agricultural or silvicultural interests. In the case  of
certain  counties  designated by the full state board with a scarcity of
rural lands operated  for  production  of  agricultural  commodities  or
forest products, the landowner representative shall own such rural lands
in New York state, whether or not those properties lie within the county
wherein  he resides and represents. A sportsman representative must be a
resident of the county.   The said chief  executive  officer,  presiding
officer  or  legislative body shall receive and consider for appointment
as the landowner representative, the recommendations made by the  county
farm  bureau  and  Pomona grange, and for appointment as the sportsmen's
representative, the recommendations made by the county units  of  organ-
ized  sportsmen's  groups,  AS WELL AS CONSIDERING THE ADVANTAGES OF NEW
REPRESENTATIVES.  The term of office of regional board members shall  be
two  calendar  years. A member shall be eligible [to succeed himself not
more than three times and shall thereafter be eligible for reappointment
only after one term out of office] FOR REAPPOINTMENT TO SUCCESSIVE TERMS
OF OFFICE WHERE OTHERWISE QUALIFIED. The term of the sportsmen's  repre-
sentative and the board of supervisors or county legislative body repre-
sentative shall expire at the end of the odd numbered years; the term of
the  landowner  representative  shall  expire  at  the  end  of the even
numbered years. An alternate board of supervisors or county  legislative
body  representative, sportsmen's representative and landowner represen-
tative may also be appointed, who shall be available  to  serve  in  the
event  of  the  temporary  inability of the member sportsmen's represen-
tative or member landowner representative or  board  of  supervisors  or
county  legislative  body  representative  to  so function. A vacancy in
membership of a regional board shall be filled in the same manner as the
original appointment for the balance of the unexpired term during  which
the  vacancy  occurs;  if a supervisor member or county legislative body
member shall cease to be a supervisor or member of the legislative  body
before  the  expiration of his term as a member of the regional board, a
successor shall be appointed for the unexpired balance of the term as  a
member  of the regional board. The chairman of the Board of Directors of
each soil and water conservation  district  and  the  chairman  of  each
regional  forest  practice board within the fish and wildlife management
region, or his or their representatives, shall be advisory members with-
out vote.
  S 2. This act shall take effect immediately.