S2698-2011 Actions

• Jan 4, 2012: REFERRED TO ENVIRONMENTAL CONSERVATION
• Jan 28, 2011: REFERRED TO ENVIRONMENTAL CONSERVATION

S2698-2011 Memo

BILL NUMBER:S2698

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to
municipalities regulating the use of traps

PURPOSE OR GENERAL IDEA OF THE BILL:
The subject bill would allow
counties to enact a local law to restrict, limit or prohibit trapping
within such municipality.

SUMMARY OF PROVISIONS:
The environmental conservation law is amended
by adding a new section, 11-1111, to allow counties to enact local
laws more rigid than state laws regarding trapping. However, such
local law shall not prohibit the Department of Environmental
Conservation from exercising its emergency powers in relation to the
control of fish or wildlife to prevent the spread of disease.

JUSTIFICATION:
Currently, three counties across the state have enacted
local laws to impose more limits on the use of traps throughout their
counties. The state has challenged these local laws and has been
upheld in court because the authority to regulate trapping is only
granted to the state. The precedent to allow counties to limit the
use of traps has already been set but legislation is necessary to
clarify existing law so that counties may go forward with legislation
to limit trapping without fear of state intervention.

LEGISLATIVE HISTORY:
2007-08: S.1461(Padavan) Referred to Environmental Conservation
2009-10: Senate & Assembly Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

S2698-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         2698
 2011-2012 Regular Sessions
 I N  SENATE
 January 28, 2011
 
 Introduced  by Sens. SERRANO, PERKINS -- read twice and ordered printed,
 and when printed to be committed to  the  Committee  on  Environmental
 Conservation
 

AN ACT to amend the environmental conservation law, in relation to muni
 cipalities regulating the use of traps
 

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

 

Section 1. The environmental conservation law is amended by  adding  a
 new section 11-1111 to read as follows:

 

S 11-1111. MUNICIPAL REGULATION OF TRAPPING.
 NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS ARTICLE OR OF ANY OTHER
 LAW, RULE OR REGULATION, EACH COUNTY IN THE STATE MAY, BY LOCAL  LAW  OR
 ORDINANCE,  RESTRICT,  LIMIT  OR  PROHIBIT TRAPPING WITHIN ITS MUNICIPAL
 LIMITS. NO PROVISION OF THIS SECTION SHALL BE  DEEMED  TO  PROHIBIT  THE
 DEPARTMENT  FROM  EXERCISING  ITS  EMERGENCY  POWERS PURSUANT TO SECTION
 11-0325 OF THIS ARTICLE IN RELATION TO THE CONTROL OF FISH  OR  WILDLIFE
 IN THE PUBLIC INTEREST TO PREVENT THE INTRODUCTION OR SPREAD OF DISEASE.
 

S 2. This act shall take effect immediately.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00236-01-1

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