Bill Text: NY A01229 | 2009-2010 | General Assembly | Introduced

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Bill Title: An act to amend the environmental conservation law, in relation to penalties for unlawful taking, importation, transportation, possession or sale of endangered or threatened species

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-06-23 - enacting clause stricken [A01229 Detail]

Download: New_York-2009-A01229-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1229
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced  by  M.  of  A.  SEMINERIO  --  read once and referred to the
         Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         penalties for unlawful taking, importation, transportation, possession
         or sale of endangered or threatened species
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 11-0537 of the environmental conservation  law,  as
    2  added by chapter 168 of the laws of 1989, is amended to read as follows:
    3  S 11-0537. Bald and golden eagles; prohibited acts.
    4    It  shall  be  unlawful  [to] FOR ANY PERSON, knowingly or with wanton
    5  disregard for the consequences of  [this]  HIS  OR  HER  act,  to  take,
    6  possess,  sell,  purchase,  barter,  offer  to sell, purchase or barter,
    7  transport, export or import, at any time or  in  any  manner,  any  bald
    8  eagle  commonly  known as the American eagle, or any golden eagle, alive
    9  or dead, or any part, nest, or egg thereof of the foregoing eagles with-
   10  out a permit from a lawful authority.
   11    S 2. Subdivision 11 of section 71-0921 of the environmental  conserva-
   12  tion  law,  as  added  by chapter 168 of the laws of 1989, is amended to
   13  read as follows:
   14    11. Any person who violates  the  provisions  of  SUBDIVISION  TWO  OF
   15  SECTION  11-0535  OR  section  11-0537 of this chapter, in the case of a
   16  first violation, shall be guilty of a  class  B  misdemeanor  and,  upon
   17  conviction thereof, shall be punished by a fine not to exceed five thou-
   18  sand  dollars  or  by  imprisonment  not to exceed ninety days, or both;
   19  provided that in the case of  a  second  or  subsequent  violation  such
   20  person  shall  be  guilty  of a class A misdemeanor and, upon conviction
   21  thereof, shall be punished by a fine not to exceed ten thousand  dollars
   22  or imprisonment not to exceed one year, or both; provided, further, that
   23  the commission of each taking or other act prohibited by SUBDIVISION TWO
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01839-01-9
       A. 1229                             2
    1  OF SECTION 11-0535 OR section 11-0537 of this chapter [with respect to a
    2  bald  or  golden  eagle]  shall  constitute a separate violation of this
    3  section; provided, further, that one-half of any such fine, but  not  to
    4  exceed  two  thousand  five  hundred dollars, [shall] MAY be paid to the
    5  person or persons giving information which leads to conviction.  EMPLOY-
    6  EES  OF  THE  DEPARTMENT, THEIR RELATIVES, AND ANY PEACE OFFICER, POLICE
    7  OFFICER OR OTHER AUTHORIZED LAW ENFORCEMENT OFFICER OR OFFICIAL SHALL BE
    8  INELIGIBLE FOR ANY SUCH PAYMENT.
    9    S 3. This act shall take effect immediately.