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S6876Senate2011-2012 SessionSame asA9751

Relates to the powers and duties of enforcement officers

Sponsor Kenneth P. LaValleSD-1+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Rules
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Rules

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Who cares

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Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

1 Co-sponsor

History

  1. Committed to rules
  2. Advanced to third reading
  3. 2nd report cal.
  4. 1st report cal.759
  5. Referred to environmental conservation

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9751Assembly

Relates to the powers and duties of enforcement officers

In Assembly Committee · Environmental Conservation · Sponsor Fred Thiele

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's 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 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.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.