Bill Text: NY S06353 | 2017-2018 | General Assembly | Amended

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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 (Republican 1-0)

Status: (Passed) 2018-12-21 - SIGNED CHAP.430 [S06353 Detail]

Download: New_York-2017-S06353-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6353--A
            Cal. No. 1264
                               2017-2018 Regular Sessions
                    IN SENATE
                                      May 11, 2017
                                       ___________
        Introduced  by  Sen. LAVALLE -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
          -- recommitted to  the  Committee  on  Environmental  Conservation  in
          accordance  with Senate Rule 6, sec. 8 -- reported favorably from said
          committee, ordered to first and second  report,  ordered  to  a  third
          reading,  passed  by  Senate  and delivered to the Assembly, recalled,
          vote reconsidered, restored to  third  reading,  amended  and  ordered
          reprinted, retaining its place in the order of third reading
        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
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11524-02-8
        S. 6353--A                          2
     1  impound any  all-terrain  vehicle,  as  defined  in  section  twenty-two
     2  hundred  eighty-one  of  the vehicle and traffic law, provided that such
     3  seizure is conducted pursuant to section five hundred  eleven-b  of  the
     4  vehicle and traffic law. A five hundred dollar surcharge may be added to
     5  any such impoundment.
     6    § 2. This act shall take effect June 1, 2019.