New York State Assembly

 
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A00556 Summary:

A00556 Actions:

A00556 Committee Votes:

Committee:ENVIRONMENTAL CONSERVATION   Chair:Englebright      
DATE:03/07/2017AYE/NAY:30/0  Action: Favorable refer to committee Codes        
Englebright
Aye
Stec
Aye
Glick
Aye
Butler
Aye
Colton
Aye
Raia
Aye
Cymbrowitz
Aye
Lopez
Aye
Lifton
Aye
Palumbo
Aye
O'Donnell
Aye
Miller ML
Aye
Peoples-Stokes
Aye
Miller B 
Aye
Gunther
Aye
Garbarino
Aye
Jaffee
Aye
Kavanagh
Aye
Titone
Aye
Crespo
Aye
Thiele
Aye
Abinanti
Aye
Ryan
Aye
Fahy
Aye
Rozic
Aye
Otis
Aye
Williams
Aye
Barrett
Aye
D'Urso
Aye
Carroll
Aye

Committee:CODES   Chair:Lentol      
DATE:03/13/2017AYE/NAY:20/0  Action: Favorable         
Lentol
Aye
Graf
Aye
Schimminger
Aye
Giglio
Aye
Weinstein
Aye
McKevitt
Aye
Pretlow
Aye
Montesano
Aye
Cook
Aye
Ra
Aye
Cymbrowitz
Aye
Morinello
Aye
Titus
Absent
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Excused
Fahy
Aye

A00556 Floor Votes:

A00556 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A556
 
SPONSOR: Woerner (MS)

 
TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to the illegal taking of deer
 
 
PURPOSE:
 
This bill is intended to increase penalties for deer poaching.
 
 
SUMMARY OF PROVISIONS:
 
Section 1 amends Subdivision 1 of section 71-0921 of the Environmental
Conservation Law, as amended by chapter 289 of the laws of 2004, such
that a first out-of-season misdemeanor for a violation of this subdivi-
sion shall be punishable by imprisonment for not more than one year or
by a fine of not less than five hundred dollars and no more than three
thousand dollars, or by both such imprisonment and fine. A first in-sea-
son misdemeanor for a violation of this subdivision shall be punishable
by imprisonment for not more than one year or by a fine of not less than
two-hundred fifty dollars and no more than two thousand dollars, or by
both such imprisonment and fine.
 
Section 2 amends Subdivision 3 of section 71-0925 of the environmental
conservation law such that the penalty for each deer taken is not less
than five hundred dollars and not more than one thousand dollars. Howev-
er, any person having been held liable for a violation of this subdivi-
sion within five years of the most recent violation shall be subject to
a fine of not less than seven hundred fifty dollars and not more than
two thousand dollars for the first deer taken and a further penalty of
not less than seven hundred fifty dollars and not more than two thousand
dollars for each succeeding deer taken.
 
 
JUSTIFICATION:
 
Wildlife is held in trust by the State for all citizens to enjoy.
Whitetails are the most popular game animal in North America. Too often
individuals apprehended for deer poaching receive only a slap on the
wrist. This legislation would increase the penalties for the first
offense as well as establishes penalties for repeat offenders.
 
 
LEGISLATIVE HISTORY:
 
2015-2016: A.7171B - Passed Assembly, referred to Senate Committee on
Environmental Conservation
 
 
FISCAL IMPLICATIONS:
 
It is expected that the increased penalties contained in this bill will
result in a slight revenue increase for the Department of Environmental
Conservation (DEC). There are no fiscal or programmatic impacts to DEC
from this proposed legislation.
 
 
EFFECTIVE DATE:
One hundred twentieth day after it shall have become a law.

A00556 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           556
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2017
                                       ___________
 
        Introduced by M. of A. WOERNER, RIVERA, GOTTFRIED, RAIA, LOPEZ, SKOUFIS,
          ARROYO,  BARRETT, STEC -- Multi-Sponsored by -- M. of A. COOK, CROUCH,
          ENGLEBRIGHT, GLICK, McLAUGHLIN, SIMON -- read once and referred to the
          Committee on Environmental Conservation
 
        AN ACT to amend the environmental conservation law, in relation  to  the
          illegal taking of deer
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 1  of  section  71-0921  of  the  environmental
     2  conservation  law,  as  amended  by  chapter 289 of the laws of 2004, is
     3  amended to read as follows:
     4    1. (a) The illegal taking of big game prior to the first  day  of  the
     5  open  season  or  after the last day of the open season in the county or
     6  part thereof where taken, [or any illegal taking  of  a  deer,]  or  the
     7  taking  of  big game [by the] with aid of an artificial light. Each such
     8  misdemeanor for a violation of this paragraph  shall  be  punishable  by
     9  imprisonment  for  not  more than one year or by a fine of not less than
    10  [two hundred fifty] five hundred dollars nor more than [two] three thou-
    11  sand dollars, or by both such imprisonment and fine.
    12    (b) Any illegal taking of a deer, other than  a  taking  described  in
    13  paragraph  (a) of this subdivision, such misdemeanor shall be punishable
    14  by imprisonment for not more than one year or by a fine of not less than
    15  two hundred fifty dollars nor more than two thousand dollars, or by both
    16  such imprisonment and fine.
    17    § 2. Subdivision 3 of section 71-0925 of the  environmental  conserva-
    18  tion law is amended to read as follows:
    19    3. (a) If the violation involves the illegal taking of a deer prior to
    20  the  first  day  of  the  open  season or after the last day of the open
    21  season in the county or part of a county in which taken, or  the  taking
    22  of deer with [the] aid of an artificial light, [or the illegal taking of
    23  a  wild deer, one] not less than five hundred dollars and [an additional

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02897-01-7
        A. 556                              2

     1  penalty of four hundred] not more than  one  thousand  dollars  for  the
     2  first  deer  taken and a further penalty of [five hundred] not less than
     3  five hundred dollars and not more than one  thousand  dollars  for  each
     4  succeeding  deer  taken;  provided, however, that any person having been
     5  held liable for a violation pursuant to this paragraph in the  preceding
     6  five  years  shall  be  subject to a fine of not less than seven hundred
     7  fifty dollars and not more than two thousand dollars for the first  deer
     8  taken and a further penalty of not less than seven hundred fifty dollars
     9  and not more than two thousand dollars for each succeeding deer taken;
    10    (b) If the violation involves any illegal taking of a wild deer, other
    11  than  a  taking  described  in  paragraph  (a) of this subdivision, five
    12  hundred dollars for the first deer taken and a further penalty  of  five
    13  hundred dollars for each succeeding deer taken;
    14    § 3. This act shall take effect on the one hundred twentieth day after
    15  it shall have become a law.