BILL NO A01756
SAME AS SAME AS S01039
SPONSOR Englebright (MS)
COSPNSR Rosenthal, Kavanagh, Colton
MLTSPNSR
Add S11-1111, En Con L
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.
BILL NUMBER:A1756
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 coun-
ties 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 A7991 referred to codes
2009-10 A4777 referred to environmental conservation
2011-12 3816 environmental conservation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
S T A T E O F N E W Y O R K
________________________________________________________________________
1756
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ENGLEBRIGHT, ROSENTHAL, KAVANAGH, COLTON -- read
once and referred to the Committee on Environmental 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:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 11-1111 to read as follows:
3 S 11-1111. MUNICIPAL REGULATION OF TRAPPING.
4 NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE OR OF ANY OTHER
5 LAW, RULE OR REGULATION, EACH COUNTY IN THE STATE MAY, BY LOCAL LAW OR
6 ORDINANCE, RESTRICT, LIMIT OR PROHIBIT TRAPPING WITHIN ITS MUNICIPAL
7 LIMITS. NO PROVISION OF THIS SECTION SHALL BE DEEMED TO PROHIBIT THE
8 DEPARTMENT FROM EXERCISING ITS EMERGENCY POWERS PURSUANT TO SECTION
9 11-0325 OF THIS ARTICLE IN RELATION TO THE CONTROL OF FISH OR WILDLIFE
10 IN THE PUBLIC INTEREST TO PREVENT THE INTRODUCTION OR SPREAD OF DISEASE.
11 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
