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A00556 Summary:

BILL NOA00556
 
SAME ASSAME AS S00387
 
SPONSORWoerner (MS)
 
COSPNSRRivera, Gottfried, Raia, Skoufis, Arroyo, Barrett, Stec, Jaffee
 
MLTSPNSRCook, Crouch, Englebright, Glick, Simon
 
Amd §§71-0921 & 71-0925, En Con L
 
Relates to the illegal taking of deer.
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A00556 Actions:

BILL NOA00556
 
01/09/2017referred to environmental conservation
03/07/2017reported referred to codes
03/13/2017reported
03/16/2017advanced to third reading cal.131
03/22/2017passed assembly
03/22/2017delivered to senate
03/22/2017REFERRED TO ENVIRONMENTAL CONSERVATION
06/21/2017SUBSTITUTED FOR S387
06/21/20173RD READING CAL.852
06/21/2017PASSED SENATE
06/21/2017RETURNED TO ASSEMBLY
11/17/2017delivered to governor
11/29/2017signed chap.408
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A00556 Committee Votes:

ENVIRONMENTAL CONSERVATION Chair:Englebright DATE:03/07/2017AYE/NAY:30/0 Action: Favorable refer to committee Codes
EnglebrightAyeStecAye
GlickAyeButlerAye
ColtonAyeRaiaAye
CymbrowitzAyeLopezAye
LiftonAyePalumboAye
O'DonnellAyeMiller MLAye
Peoples-StokesAyeMiller B Aye
GuntherAyeGarbarinoAye
JaffeeAye
KavanaghAye
TitoneAye
CrespoAye
ThieleAye
AbinantiAye
RyanAye
FahyAye
RozicAye
OtisAye
WilliamsAye
BarrettAye
D'UrsoAye
CarrollAye

CODES Chair:Lentol DATE:03/13/2017AYE/NAY:20/0 Action: Favorable
LentolAyeGrafAye
SchimmingerAyeGiglioAye
WeinsteinAyeMcKevittAye
PretlowAyeMontesanoAye
CookAyeRaAye
CymbrowitzAyeMorinelloAye
TitusAbsent
O'DonnellAye
LavineAye
PerryAye
ZebrowskiAye
AbinantiAye
WeprinAye
MosleyAye
HevesiExcused
FahyAye

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A00556 Floor Votes:

DATE:03/22/2017Assembly Vote  YEA/NAY: 142/1
AbbateYCrouchYGoodellYLiftonYO'DonnellYSimanowitzER
AbinantiYCurranYGottfriedYLopezYOrtizYSimonY
ArroyoERCusickYGrafYLupardoYOtisYSimotasY
AubryYCymbrowitzYGuntherYLupinacciYPalmesanoYSkartadosY
BarclayYDavilaYHarrisYMageeYPalumboYSkoufisY
BarnwellYDe La RosaYHawleyYMagnarelliYPaulinYSolagesY
BarrettYDenDekkerYHevesiYMalliotakisYPeoples-StokesYStecY
BarronYDickensYHikindYMayerYPerryYSteckY
BenedettoERDilanYHooperYMcDonaldYPheffer AmatoYStirpeY
BichotteERDinowitzYHunterYMcDonoughYPichardoYThieleY
BlakeYDiPietroYHyndmanYMcKevittYPretlowYTitoneY
BlankenbushYD'UrsoYJaffeeYMcLaughlinYQuartYTitusY
BrabenecYEnglebrightYJean-PierreYMiller B YRaYVanelY
BraunsteinYErrigoYJenneYMiller MGYRaiaYWalkerY
BrindisiYFahyYJohnsYMiller MLYRamosYWallaceY
BronsonYFarrellYJonesYMontesanoYRichardsonYWalshY
BuchwaldYFinchYJoynerYMorelleYRiveraYWalterY
ButlerYFitzpatrickYKavanaghYMorinelloYRodriguezYWeinsteinY
ByrneYFriendNOKearnsYMosleyYRosenthalYWeprinY
CahillYGalefYKimYMoyaYRozicYWilliamsY
CarrollYGanttERKolbYMurrayYRyanYWoernerY
CastorinaYGarbarinoYLalorYNiouYSantabarbaraYWrightY
ColtonYGiglioYLavineYNolanYSchimmingerYZebrowskiY
CookYGjonajYLawrenceYNorrisYSeawrightYMr. SpeakerY
CrespoYGlickERLentolYOaksYSepulvedaY

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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.
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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.
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