Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 21, 2012 |
committed to rules |
May 21, 2012 |
advanced to third reading |
May 16, 2012 |
2nd report cal. |
May 15, 2012 |
1st report cal.759 |
Apr 02, 2012 |
referred to environmental conservation |
Senate Bill S6876
2011-2012 Legislative Session
Sponsored By
(R) Senate District
Archive: Last Bill Status - In Senate Committee Rules Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
co-Sponsors
(R, C, IP) Senate District
2011-S6876 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A9751
- Current Committee:
- Senate Rules
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §71-0907, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2013-2014:
S3060, A3889
2015-2016: S1595, A1888
2017-2018: S2993, A2352
2019-2020: S3487, A5046
2011-S6876 (ACTIVE) - Sponsor Memo
BILL NUMBER:S6876 TITLE OF BILL: An act to amend the environmental conservation law, in relation to the powers and duties of enforcement officers PURPOSE: Relates to the powers and duties of enforcement officers. SUMMARY OF PROVISIONS: Paragraphs e and f of subdivision 4 of Section 71-0907 of the Environmental Conservation Law are amended to eliminate statutory warrantless seizures of fish or fishing gear as part of an enforcement action. JUSTIFICATION: The current process as provided by the Environmental Conservation Law authorizes the Department of Environmental Conservation (DEC) to enforce specific provisions of the Fish and Wildlife Law. Paragraphs e and f of subdivision 4 of Section 71-0907 of the Environmental Conservation Law authorizes designated officers to seize fish or fishing hear without a warrant. As such, the DEC serves at the police, the prosecutor, the judge and the jury, all before the case ever gets to C01111, leaving accused fishermen or wholesalers
2011-S6876 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6876 A. 9751 S E N A T E - A S S E M B L Y April 2, 2012 ___________ IN SENATE -- Introduced by Sens. LAVALLE, ZELDIN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once and referred to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to the powers and duties of enforcement officers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs e and f of subdivision 4 of section 71-0907 of the environmental conservation law, subparagraph 5 of paragraph f as added by chapter 366 of the laws of 1981, are amended to read as follows: e. To seize as evidence [without warrant] any fish, shellfish, crusta- cea, wildlife, game, or parts thereof, protected insects or plumage [as defined in section 11-1729,] whenever they have cause to believe it is possessed or transported in violation of law, or it bears evidence of illegal taking, or it is possessed or transported under circumstances making the possession or transportation presumptive evidence of illegal taking; f. To seize as evidence [without warrant] (1) Any net, trap or other device constituting a nuisance as defined in section 71-0915 OF THIS TITLE; (2) Any net, trap or device other than a boat, a vehicle, or aircraft or a firearm when they have cause to believe that its possession or use is in violation of any provision of the Fish and Wildlife Law or regu- lation pursuant thereto; (3) Any firearm, when they have cause to believe that it has been used in a violation of the Fish and Wildlife Law constituting a misdemeanor involving the illegal taking or attempting to take wild deer; (4) Any rakes, tongs, dredges, or device other than a boat or vehicle used, or in possession for purpose of use, for the taking of shellfish in violation of [subdivisions] SUBDIVISION 1 or 2 of section 13-0309 OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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