S03858 Summary:

BILL NO    S03858B

SAME AS    SAME AS A06291-A

SPONSOR    GRISANTI

COSPNSR    AVELLA, DEFRANCISCO, GALLIVAN, JOHNSON, KRUEGER, MAZIARZ,
           OPPENHEIMER, SERRANO, STAVISKY

MLTSPNSR   

Amd SS11-0917, 11-0911, 11-1733 & 71-0921, En Con L

Prohibits the possession, sale, barter, offer, purchase, transportation,
delivery, or receipt of bear gallbladder, bile, or any product, item, or
substance containing, or labeled or advertised as containing, bear gallbladders
or bile; exempts federal and state government and individuals with a valid
hunting license from transporting one bear gallbladder.
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S03858 Actions:

BILL NO    S03858B

03/08/2011 REFERRED TO ENVIRONMENTAL CONSERVATION
05/23/2011 AMEND AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
05/23/2011 PRINT NUMBER 3858A
06/07/2011 1ST REPORT CAL.1036
06/13/2011 AMENDED 3858B
06/13/2011 2ND REPORT CAL.
06/14/2011 ADVANCED TO THIRD READING 
06/17/2011 PASSED SENATE
06/17/2011 DELIVERED TO ASSEMBLY
06/17/2011 referred to codes
06/17/2011 substituted for a6291a
06/17/2011 ordered to third reading rules cal.401
06/20/2011 passed assembly
06/20/2011 returned to senate
08/05/2011 DELIVERED TO GOVERNOR
08/17/2011 SIGNED CHAP.468
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S03858 Votes:

S03858B06/20/2011 117/25
AbbateYCastellYGalefYKatzYMcKevitYRabbittNOStevensY
AbinantYCastroYGanttERKavanagYMcLaughYRaiaYSweeneyY
AmedoreYCerettoYGibsonYKellnerYMengYRamosYTediscoY
ArroyoERClarkYGiglioNOKirwanERMill D NOReilichNOTenneyY
AubryYColtonYGlickYKolbNOMill JMYReillyNOThieleY
BarclayYConteYGoodellYLancmanYMill MGYRive J ERTitoneY
BarronYCookYGottfriYLatimerYMillmanYRive N YTitusY
BenedetYCorwinYGrafYLavineYMolinarYRive PMYTobaccoY
BingYCrespoYGuntherNOLentolYMontesaNORobertsYWeinsteY
BlankenNOCrouchNOHannaYLiftonYMorelleYRobinsoYWeisenbY
BoylandYCurranYHawleyNOLinaresYMoyaYRodriguYWeprinY
BoyleYCusickYHayesNOLope PDYMurrayYRosenthYWrightY
BraunstYCymbrowYHeastieYLope VJYNolanYRussellYZebrowsY
BrennanYDenDekkYHevesiYLosquadNOOaksNOSaladinYMr SpkrY
BronsonYDinowitYHikindYLupardoYO'DonneYSaywardNO
Brook KYDupreyNOHooperYMageeYOrtizYScarborY
BurlingNOEnglebrYHoytYMagnareYPalmesaNOSchimelY
ButlerNOFarrellYJacobsYMaiselYPaulinYSchimmiNO
CahillYFinchNOJaffeeYMalliotYPeoplesYSchroedNO
CalhounNOFitzpatYJeffrieYMarkeyYPerryYSimotasY
CamaraYFriendNOJohnsYMcDonouYPretlowYSmardzY
CanestrYGabryszNOJordanYMcEnenyYRaYSpanoY

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S03858 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        3858--B
           Cal. No. 1036

                              2011-2012 Regular Sessions

                                   I N  S E N A T E

                                     March 8, 2011
                                      ___________

       Introduced  by  Sens.  GRISANTI, AVELLA, DeFRANCISCO, GALLIVAN, JOHNSON,
         KRUEGER, MAZIARZ, OPPENHEIMER, SERRANO, STAVISKY  --  read  twice  and
         ordered  printed, and when printed to be committed to the Committee on
         Environmental Conservation  --  committee  discharged,  bill  amended,
         ordered  reprinted  as  amended  and  recommitted to said committee --
         reported favorably from  said  committee,  ordered  to  first  report,
         amended  on  first  report,  ordered  to  a  second  report, and to be
         reprinted as amended, retaining its  place  in  the  order  of  second
         report

       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting the possession or sale of bear gallbladder

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  Subdivision  9  of  section  11-0917 of the environmental
    2  conservation law, paragraph b as added by chapter 491  of  the  laws  of
    3  1984, paragraph c as added and paragraphs d and e as relettered by chap-
    4  ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of
    5  the laws of 1997, is amended to read as follows:
    6    9.  a. The flesh of cottontail rabbits, varying hares, European hares,
    7  squirrels, bear and deer  shall  not  be  bought  or  sold[,  except  as
    8  provided in section 11-1713 with respect to bear].
    9    b.  BEAR  GALLBLADDERS AND BILE SHALL NOT BE POSSESSED, BARTERED, SOLD
   10  OR OFFERED FOR SALE OR OFFERED FOR BARTER UNLESS A  VALID  BEAR  TAG  IS
   11  ATTACHED. FOR THE PURPOSES OF THIS PARAGRAPH A VALID BEAR TAG SHALL MEAN
   12  THE  TAG  OR  SIMILAR IDENTIFICATION REQUIRED BY THE GOVERNMENTAL ENTITY
   13  THAT PERMITTED THE LEGAL TAKING OF SUCH BEAR. POSSESSION OF A BEAR GALL-
   14  BLADDER WITHOUT A VALID BEAR TAG SHALL BE  PRIMA  FACIE  EVIDENCE  OF  A
   15  VIOLATION  OF  THIS  PARAGRAPH.   A MINIMUM FIVE THOUSAND DOLLAR PENALTY
   16  SHALL BE ISSUED PER INFRACTION OF  THIS  PARAGRAPH.    NOTHING  IN  THIS
   17  SECTION  PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT OF THE FEDERAL GOVERN-
   18  MENT OR THE DEPARTMENT FROM  POSSESSING,  TRANSPORTING,  DELIVERING,  OR

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10006-09-1
       S. 3858--B                          2

    1  RECEIVING  BEAR  GALLBLADDERS  OR  BILE,  FOR  WILDLIFE  LAW ENFORCEMENT
    2  PURPOSES.
    3    C. Notwithstanding paragraph a of this subdivision, game legally taken
    4  may  be  possessed,  prepared and served by a non-profit organization at
    5  any meeting for the members and guests provided that there is no  charge
    6  for the meal.
    7    [c.]  D. Game legally taken may be donated to, and possessed, prepared
    8  and distributed by a charitable  or  not-for-profit  organization  which
    9  serves  or  distributes  food without cost to the poor or needy. Game or
   10  packages of game donated pursuant to this paragraph shall, notwithstand-
   11  ing the requirements for tagging and  labelling  of  game  contained  in
   12  paragraph b of subdivision 5 of section 11-0911 of this [chapter] TITLE,
   13  be  tagged,  labelled  or  marked  "not for sale" and such tag, label or
   14  marking shall identify the type of  meat,  the  license  number  of  the
   15  taker,  the  name  and address of the professional processor of the game
   16  and  the  date  of  processing.  The  department  shall  make  available
   17  instructions  for  the  safe and sanitary preparation of game, a list of
   18  professional processors where potential donors may take their  game  for
   19  preparation  and  packaging  and  a list of charitable or not-for-profit
   20  organizations which accept donations of game.  Professional  processors,
   21  charitable and not-for-profit organizations may notify the department of
   22  their  intention to participate in such distribution, and the department
   23  shall include them in its lists unless good cause otherwise exists.
   24    [d.] E. The dead bodies of birds belonging to all species  or  subspe-
   25  cies  native  to  this  state,  defined  in  SUBDIVISION FIVE OF section
   26  11-0103 OF THIS ARTICLE, [subdivision 5] as  protected  wild  birds,  or
   27  belonging  to any family of which any species or subspecies is native to
   28  this state, and is so defined in SUBDIVISION FIVE OF section 11-0103  OF
   29  THIS  ARTICLE,  [subdivision  5]  shall not be sold, offered for sale or
   30  possessed for sale, for food purposes.
   31    [e.] F. The plumage, skin or body of any wild bird shall not be  sold,
   32  possessed  for  sale or offered for sale [except as permitted by section
   33  11-1729 or 11-1731 of the Fish and Wildlife Law].
   34    [f.] G. No live wolf, coyote, coydog, fox, skunk, venomous reptile  or
   35  raccoon  shall  be  possessed  or transported, except under a license or
   36  permit issued by the department.   Every such license  or  permit  shall
   37  contain  a prominent notice thereon warning the licensee or permittee of
   38  his or her duty to exercise due care in  safeguarding  the  public  from
   39  attack by such wild animal or venomous reptile and that failure to do so
   40  is  a  crime  under section three hundred seventy of the agriculture and
   41  markets law.  The provisions of the opening paragraph of  section  three
   42  hundred  seventy  of  the  agriculture  and  markets law except the last
   43  sentence thereof shall be set forth on such license or permit immediate-
   44  ly following such warning notice.
   45    S 2. Section 11-0911 of the environmental conservation law is  amended
   46  by adding a new subdivision 6 to read as follows:
   47    6.  A.  THE  TAKER  MAY  TRANSPORT  THE  CARCASS  OF THE BEAR, FOR THE
   48  PURPOSES OF HARVESTING THE GALLBLADDER AND/OR BILE, ONLY IF THE BEAR TAG
   49  IS ATTACHED THERETO.
   50    B. NO PERSON TAKING, POSSESSING OR TRANSPORTING  BEAR  SHALL  FAIL  TO
   51  COMPLY  WITH  THE  MANDATORY  REQUIREMENTS  OF  THIS SECTION AND SECTION
   52  11-0917 OF THIS TITLE.
   53    S 3. Section 11-1733 of the environmental conservation law, the undes-
   54  ignated paragraph as amended by chapter 432 of  the  laws  of  1997,  is
   55  amended to read as follows:
   56  S 11-1733. Taxidermy.
       S. 3858--B                          3

    1    Persons  engaged  for  hire  in the business of preparing, stuffing or
    2  mounting of skins of fish or wildlife shall keep in their place of busi-
    3  ness a [register] TRUE AND COMPLETE RECORD, IN SUCH FORM AS IS  REQUIRED
    4  BY  THE  COMMISSIONER  showing the name or description of every specimen
    5  received,  the  date  of  receipt and the name and address of the person
    6  from whom received. IN ADDITION, SUCH PERSONS SHALL ALSO RECORD ALL BEAR
    7  GALLBLADDERS AND BILE RECEIVED ALONG WITH  INFORMATION  FROM  THE  VALID
    8  BEAR  TAG REQUIRED IN PARAGRAPH B OF SUBDIVISION NINE OF SECTION 11-0917
    9  OF THIS ARTICLE.  IN THE EVENT THAT SUCH PERSON  SELLS  OR  BARTERS  ANY
   10  GALLBLADDER  OR  BILE THE RECORD SHALL ALSO INCLUDE THE NAME AND ADDRESS
   11  OF THE PERSON OR PERSONS TO WHOM SUCH ITEMS WERE SOLD OR BARTERED.  SUCH
   12  INFORMATION SHALL BE REPORTED TO THE DEPARTMENT  ANNUALLY  AND  RETAINED
   13  FOR AT LEAST FIVE YEARS. Conservation officers and other persons author-
   14  ized by the department shall have access to the register at all times.
   15    S  4.  Subdivision 2 of section 71-0921 of the environmental conserva-
   16  tion law, as separately amended by chapters 313 and 711 of the  laws  of
   17  1980, is amended to read as follows:
   18    2.  The  illegal taking of a bear less than one year old or the taking
   19  of a bear by a means or method  not  permitted  by  this  chapter.  Such
   20  misdemeanor  shall  be  punishable by imprisonment for not more than one
   21  year or by a fine of not more than two thousand dollars, or by both such
   22  imprisonment and fine. THE SALE OF BEAR GALLBLADDER/BILE IN VIOLATION OF
   23  PARAGRAPH B OF SUBDIVISION NINE OF SECTION 11-0917 OF THIS CHAPTER SHALL
   24  BE PUNISHABLE BY A FINE OF FIVE THOUSAND DOLLARS PER VIOLATION.
   25    S 5. The department of environmental conservation shall publish infor-
   26  mation reported pursuant to section 11-1733 of the environmental conser-
   27  vation law on the department's  website.    Any  personally  identifying
   28  information  shall  not be included on the website. The department shall
   29  also include information,  in  the  publication  authorized  in  section
   30  11-0323  of  the  environmental  conservation  law, indicating that bear
   31  gallbladders and/or bile may not be sold in a manner contrary to section
   32  11-0917 of the environmental conservation law.
   33    S 6. This act shall take effect January first next succeeding the date
   34  on which this act shall have become a law.  Effective  immediately,  the
   35  addition,  amendment  and/or  repeal of any rule or regulation necessary
   36  for the implementation of this act on its effective date are  authorized
   37  and directed to be made and completed on or before such effective date.
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