Skip to content
S1595Senate2015-2016 SessionSame asA1888

Relates to the powers and duties of enforcement officers

Sponsor Kenneth P. LaValleSD-1Affects Environment & Energy
Status
In Assembly Committee
Environmental Conservation
Impact
Pending
Passage
Pending

Bill progress

Step 5 of 7

In Assembly · Environmental Conservation

What's happening

Writing a plain-English summary… Track this bill to get it by email.

Why it matters

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Sponsors

Primary sponsor
Kenneth P. LaValle

Senator · Senate District 1

Chair, Higher Education

No co-sponsors yet.

History

  1. Referred to environmental conservation
  2. Delivered to assembly
  3. Passed senateVote 53–9
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.1051
  7. Print number 1595a
  8. Committed to environmental conservation
  9. Referred to environmental conservation
  10. 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.

A1888Assembly

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

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

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, is amended to relating to the powers and duties of State New York State Department of Environmental Conservation (DEC) enforcement officers with respect to executing all warrants and search warrants issued for violations of the Fish and Wildlife Law.

Justification

This legislation would require "probable cause" for a warrantless search and would require a conservation officer to file a sworn affidavit with the court within 24 hours of the search that describes the basis for probable cause. Any persons charged pursuant to such a search would have the ability to challenge the sufficiency of probable cause in court.

The genesis of this legislation was the practice of warrantless searches and seizures by the DEC, where fish were seized from commercial fishermen and sold by the DEC, only to have the court case involving the fish subsequently dismissed without the DEC ever making restitution. This prompted an investigation by the State Inspector General (IG) who several years later, issued a report and the DEC made restitution to several fishermen. However, the IG report never addressed the underlying constitutional issues related to these warrantless searches, leaving the issue to the State Legislature.

There is no constitutional exemption from the 4th Amendment of the United States Constitution for the State DEC. As such, the DEC must have probable cause for warrantless searches and they should be required to document the basis for probable cause to search. The current state law does not meet this standard, so this legislation is necessary to remedy this infirmity. This legislation still permits the DEC to enforce the law efficiently, but would also protect commercial fishermen from undue invasions of personal privacy where the government had no real basis to conduct a search.

Legislative history

2013-14: S.3060/A.3889 2012:S.6876/A.9751

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.