A01756 Summary:

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.
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A01756 Actions:

BILL NO    A01756 

01/09/2013 referred to environmental conservation
01/08/2014 referred to environmental conservation
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A01756 Votes:

There are no votes for this bill in this legislative session.
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A01756 Memo:

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.
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A01756 Text:

                           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
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