Bill Text: NY A11112 | 2017-2018 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2018-06-20 - substituted by s6353a [A11112 Detail]

Download: New_York-2017-A11112-Introduced.html

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                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