senate Bill S1039

Relates to limiting, restricting or prohibiting trapping

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Provides that each county within the state may limit, restrict or prohibit trapping within its municipal limits; provides that municipalities may do so by local law or ordinance.

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Bill Details

See Assembly Version of this Bill:
A1756
Versions:
S1039
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-111, En Con L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2698, A3816
2009-2010: S5423, A4777
2007-2008: S1461, A7991

Sponsor Memo

BILL NUMBER:S1039

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
2011-12: S.2698

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                  1039

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens. SERRANO, AVELLA, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental 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.
                                                           LBD00539-01-3

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