Provides for the impoundment and forfeiture of machinery, motor vehicles, aircraft and equipment after a previous conviction of illegally harvesting timber

BILL NUMBER:S4303

Title of bill

An act to amend the environmental conservation law, in relation to the impoundment of machinery, motor vehicles, aircraft and equipment used in the illegal taking of trees and timber

Purpose

This bill allows law enforcement agencies to seize machinery motor vehicles, aircraft and other equipment used by timber thieves who have once before been convicted of the illegal taking of logs, trees and timber.

Summary of provisions

Section 1 adds a new section 71-0717 to the environmental conservation law to allow for the impoundment of timber harvesting equipment by law enforcement officers from a violator who has previously been convicted of timber theft.

This section also provides that violators of this section be served with an appearance ticket, returnable within 24 hours, at which time a local criminal court shall determine if there is sufficient evidence to justi- fy the continued impoundment of the equipment. If the court determined there is a reasonable basis to continue the action, a hearing will then be held on the violation within fourteen days.

The impounded equipment will be released upon the payment of any fine which is imposed, along with the payment of any costs associated with the impoundment. In addition, if such fine is not paid within six months, the equipment can be sold with the proceeds used to cover the fine imposed and the costs of the impoundment. Any balance left will revert to the rightful owner of the equipment.

Section 2 establishes the effective date for this legislation.

Justification

Timber trespass on public and private forest lands in New York causes hundreds of thousands of dollars in property loss and environmental damage each year. Allowing law enforcement officers to seize timber harvesting equipment of repeat timber theft offenders, provides a deterrent to such timber thieves who enter upon the lands of another for the purpose of unlawfully cutting and carrying away valuable trees.

The bill would assist in deterring timber theft and provide a method to address fundamental barriers to timber theft prevention, prosecution arid redress on both public and private lands and provide a benefit to society that would far outweigh any costs or detriments to individuals and businesses.

Finally, the bill would send a clear message to the public and law enforcement agencies that timber theft will not be tolerated.

Existing law

This bill adds a new section 71-0717 to the environmental conservation law.

Legislative history

2011-2012: A423 referred to Environmental Conservation 2009-2010: A842 referred to Environmental Conservation 2007-2008: Al156 referred to Environmental Conservation 2005-2006: A401 referred to Environmental Conservation 2003-2004: A9488 referred to Environmental Conservation/S2752A referred to Environmental Conservation

Fiscal implications

Increase in revenue from scofflaws who do not pay their fine within six months. If the fines are not paid within six months, law enforcement officials are able to auction off the impounded equipment to cover the costs of the fine and the costs of impoundment.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become a law.