senate Bill S6876

2011-2012 Legislative Session

Relates to the powers and duties of enforcement officers

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Archive: Last Bill Status - In Committee


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

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Actions

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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

Votes

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May 15, 2012 - Environmental Conservation committee Vote

S6876
10
1
committee
10
Aye
1
Nay
2
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Environmental Conservation Committee Vote: May 15, 2012

nay (1)
aye wr (2)
excused (1)

Co-Sponsors

S6876 - Bill Details

See Assembly Version of this Bill:
A9751
Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd ยง71-0907, En Con L

S6876 - Bill Texts

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Relates to the powers and duties of enforcement officers.

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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
with no process to contest these seizures. In some situations, such
confiscations can run into the thousands of dollars.

This legislation would no longer authorize blanket warrantless
seizures of fish or fishing gear as all citizens are entitled to some
due process of law under the Constitution. Enactment of this
legislation would not hinder prosecution of illegal activity, but
would insure that the rights of fishermen are protected.

LEGISLATIVE HISTORY:
New legislation.

FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
Immediately.

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                    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.
                                                           LBD15147-02-2

S. 6876                             2                            A. 9751

THIS CHAPTER.  For the purposes of this paragraph  "device"  includes  a
bird,  dog, or other animal used in or as an aid in taking fish or wild-
life, any jack light, spot light or other artificial light other than  a
headlight  attached  in  proper position to a motor vehicle, any hunting
appliance or apparatus and any fishing or netting gear or tackle.   This
paragraph does not limit any power of seizure pursuant to warrant.
  (5)  Any  boat or vehicle, when they have probable cause to believe it
has been used for the taking of shellfish in violation of subdivision  2
or  3  of section 13-0309 of this chapter by a person possessing, at the
time of such use, commercial shellfish harvesting gear or  shellfish  in
excess  of  two pecks. For the purposes of this subparagraph "commercial
shellfish harvesting gear" shall mean rakes, tongs,  dredges  and  other
devices commonly used to harvest shellfish for commercial purposes.
  S 2. This act shall take effect immediately.

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