Relates to penalties and enforcement in the Long Island Pine Barrens maritime reserve; authorizes a police officer or peace officer to impound any all-terrain vehicle provided that such seizure is conducted pursuant to the vehicle and traffic law.
STATE OF NEW YORK
________________________________________________________________________
11112
IN ASSEMBLY
June 5, 2018
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Englebright)
-- read once and referred to the Committee on Environmental Conserva-
tion
AN ACT to amend the environmental conservation law, in relation to
penalties and enforcement in the Long Island Pine Barrens maritime
reserve
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 57-0136 of the environmental
2 conservation law, as amended by chapter 289 of the laws of 2006, is
3 amended to read as follows:
4 4. Additional remedies. (a) Alternatively, or in addition to an action
5 seeking civil penalties or criminal fines or imprisonment as provided by
6 subdivisions two and three of this section, the commission, the Suffolk
7 county district attorney or the attorney general may institute any
8 appropriate action or proceeding to prevent, restrain, enjoin, correct,
9 or abate any violation of, or to enforce, any provision of this title,
10 the land use plan adopted by the commission, any regulation promulgated
11 by the commission, or the terms or conditions of any order, permit, or
12 determination issued by the commission pursuant to this title. The court
13 in which the action or proceeding is brought may order the person
14 responsible for the violation to take such affirmative measures as are
15 necessary to correct or remediate the violation. Such an action or
16 proceeding may also seek restitution for any such violation.
17 (b) In addition to the penalties set forth in subdivisions two and
18 three of this section, a police officer or peace officer may immediately
19 impound any all-terrain vehicle, as defined in section twenty-two
20 hundred eighty-one of the vehicle and traffic law, provided that such
21 seizure is conducted pursuant to section five hundred eleven-b of the
22 vehicle and traffic law. A five hundred dollar surcharge may be added to
23 any such impoundment.
24 § 2. This act shall take effect June 1, 2019.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16201-01-8
