S07890 Summary:

BILL NO    S07890 

SAME AS    SAME AS A10143

SPONSOR    LANZA

COSPNSR    AVELLA, CARLUCCI, DILAN, HASSELL-THOMPSON, HOYLMAN, LATIMER, PERKINS

MLTSPNSR   

Add S11-0535-a, amd SS71-0924 & 71-0925, En Con L

Prohibits the sale, purchase, trade, barter and distribution of certain ivory
articles and rhinoceros horns.
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S07890 Actions:

BILL NO    S07890 

06/16/2014 REFERRED TO RULES
06/19/2014 ORDERED TO THIRD READING CAL.1656
06/19/2014 SUBSTITUTED BY A10143
           A10143  AMEND=  Rules (Sweeney)
           06/16/2014 referred to codes
           06/18/2014 reported referred to rules
           06/18/2014 reported 
           06/19/2014 rules report cal.523
           06/19/2014 ordered to third reading rules cal.523
           06/19/2014 passed assembly
           06/19/2014 delivered to senate
           06/19/2014 REFERRED TO RULES
           06/19/2014 SUBSTITUTED FOR S7890
           06/19/2014 3RD READING CAL.1656
           06/19/2014 PASSED SENATE
           06/19/2014 RETURNED TO ASSEMBLY
           08/08/2014 delivered to governor
           08/12/2014 signed chap.326
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S07890 Votes:

There are no votes for this bill in this legislative session.
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S07890 Memo:

Memo not available
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S07890 Text:

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

                                         7890

                                   I N  S E N A T E

                                     June 16, 2014
                                      ___________

       Introduced  by  Sens.  LANZA,  AVELLA -- (at request of the Governor) --
         read twice and ordered printed, and when printed to  be  committed  to
         the Committee on Rules

       AN  ACT  to  amend  the  environmental  conservation law, in relation to
         prohibiting the purchase and sale of  ivory  articles  and  rhinoceros
         horns  and increasing the penalties for the illegal sale of such arti-
         cles

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

    1    Section  1.  The environmental conservation law is amended by adding a
    2  new section 11-0535-a to read as follows:
    3  S 11-0535-A. ILLEGAL IVORY ARTICLES AND RHINOCEROS HORNS.
    4    1. AS USED IN THIS SECTION:
    5    A. "DISTRIBUTE" MEANS A TRANSFER  OR  CHANGE  IN  POSSESSION  WITH  AN
    6  ACCOMPANYING CHANGE IN LEGAL OWNERSHIP.
    7    B.  "IVORY ARTICLE" MEANS ANY ITEM CONTAINING WORKED OR RAW IVORY FROM
    8  ANY SPECIES OF ELEPHANT OR MAMMOTH.
    9    C. "RAW IVORY" MEANS ANY ELEPHANT  OR  MAMMOTH  TUSK,  AND  ANY  PIECE
   10  THEREOF,  THE SURFACE OF WHICH, POLISHED, OR UNPOLISHED, IS UNALTERED OR
   11  MINIMALLY CARVED.
   12    D. "WORKED IVORY" MEANS ANY ELEPHANT OR MAMMOTH TUSK,  AND  ANY  PIECE
   13  THEREOF, WHICH IS NOT RAW IVORY.
   14    2.  EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS SECTION,
   15  NO PERSON SHALL  SELL,  OFFER  FOR  SALE,  PURCHASE,  TRADE,  BARTER  OR
   16  DISTRIBUTE AN IVORY ARTICLE OR RHINOCEROS HORN.
   17    3.  UNLESS  SUCH  ACTIVITY IS PROHIBITED BY FEDERAL LAW, RULE OR REGU-
   18  LATION, THE COMMISSIONER MAY ISSUE LICENSES OR  PERMITS  FOR  THE  SALE,
   19  OFFERING FOR SALE, PURCHASE, TRADING, BARTERING OR DISTRIBUTION OF IVORY
   20  ARTICLES OR RHINOCEROS HORNS, PROVIDED THAT:
   21    A. THE IVORY ARTICLE OR RHINOCEROS HORN IS PART OF A BONA FIDE ANTIQUE
   22  AND  IS  LESS  THAN  TWENTY  PERCENT  BY VOLUME OF SUCH ANTIQUE, AND THE
   23  ANTIQUE STATUS OF SUCH ANTIQUE IS ESTABLISHED BY  THE  OWNER  OR  SELLER
   24  THEREOF  WITH HISTORICAL DOCUMENTATION EVIDENCING PROVENANCE AND SHOWING
   25  THE ANTIQUE TO BE NOT LESS THEN ONE HUNDRED YEARS OLD;

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12104-01-4
       S. 7890                             2

    1    B. THE DISTRIBUTION OR CHANGE OF POSSESSION OF THE  IVORY  ARTICLE  OR
    2  RHINOCEROS  HORN IS FOR BONA FIDE EDUCATIONAL OR SCIENTIFIC PURPOSES, OR
    3  TO A MUSEUM CHARTERED BY THE BOARD OF REGENTS PURSUANT TO THE  EDUCATION
    4  LAW; OR
    5    C.  THE  DISTRIBUTION  OF THE IVORY ARTICLE OR RHINOCEROS HORN IS TO A
    6  LEGAL BENEFICIARY OF A TRUST OR TO AN HEIR OR DISTRIBUTEE OF AN  ESTATE;
    7  OR
    8    D.  THE  IVORY ARTICLE OR RHINOCEROS HORN IS PART OF A MUSICAL INSTRU-
    9  MENT, INCLUDING, WITHOUT LIMITATION, STRING  AND  WIND  INSTRUMENTS  AND
   10  PIANOS, AND THE OWNER OR SELLER PROVIDES HISTORICAL DOCUMENTATION AS THE
   11  DEPARTMENT  MAY  REQUIRE,  DEMONSTRATING PROVENANCE AND SHOWING THE ITEM
   12  WAS MANUFACTURED NO LATER THAN NINETEEN HUNDRED SEVENTY-FIVE.
   13    S 2. Section 71-0924 of the environmental conservation law,  as  added
   14  by chapter 69 of the laws of 1988, and subdivision 4 as amended by chap-
   15  ter 417 of the laws of 1996, is amended to read as follows:
   16  S  71-0924.  Illegal  commercialization of fish, shellfish, crustaceans,
   17               and wildlife.
   18    Notwithstanding any other provision of this chapter, when a  violation
   19  involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
   20  wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
   21  prohibited by the fish and wildlife law, the following additional penal-
   22  ties shall be imposed:
   23    1. where the value of fish, shellfish, crustaceans, wildlife, or parts
   24  thereof,  is  two  hundred fifty dollars or less, the offense shall be a
   25  violation punishable by a fine of five hundred dollars and/or  not  more
   26  than fifteen days of imprisonment;
   27    2. where the value of fish, shellfish, crustaceans, wildlife, or parts
   28  thereof, is  more than two hundred fifty dollars but does not exceed one
   29  thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
   30  punishable by a fine of five thousand dollars and/or not more  than  one
   31  year of imprisonment; [and]
   32    3. where the value of fish, shellfish, crustaceans, wildlife, or parts
   33  thereof,  exceeds  one  thousand five hundred dollars, the offense shall
   34  constitute a class E felony under the provisions of  the  penal  law[.];
   35  AND
   36    4.  WHERE THE VALUE OF IVORY ARTICLES, AS DEFINED IN SECTION 11-0535-A
   37  OF THIS CHAPTER, EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THE OFFENSE SHALL
   38  CONSTITUTE A CLASS D FELONY UNDER THE PROVISIONS OF THE PENAL LAW.
   39    [4.] 5. For the purposes of this section the value of fish, shellfish,
   40  crustaceans  and  wildlife  shall  be the fair market value of or actual
   41  price paid for such resource, whichever is greater.    For  purposes  of
   42  this  section,  "sale"  shall  include  the  acts of selling, trading or
   43  bartering and all related acts, such as the act of  offering  for  sale,
   44  trade  or barter, and shall also include the illegal possession of fish,
   45  shellfish, wildlife or crustacea  with  intent  to  sell.  It  shall  be
   46  presumptive  evidence  of possession with intent to sell when such fish,
   47  shellfish, wildlife or crustacea is possessed  in  quantities  exceeding
   48  the  allowable  recreational  quantities, or is possessed in a retail or
   49  wholesale outlet commonly used for the buying or selling of  such  fish,
   50  shellfish,  wildlife  or  crustacea,  provided, however, that nothing in
   51  this subdivision shall preclude the admission of  other  evidence  which
   52  may serve to independently prove a defendant's intent to sell.
   53    S  3. Section 71-0925 of the environmental conservation law is amended
   54  by adding a new subdivision 16 to read as follows:
   55    16. IF THE VIOLATION WAS AN ACT PROHIBITED  BY  SECTION  11-0535-A  OF
   56  THIS  CHAPTER, NOT MORE THAN THREE THOUSAND DOLLARS OR NOT MORE THAN TWO
       S. 7890                             3

    1  TIMES THE VALUE OF THE ARTICLE INVOLVED, WHICHEVER IS  GREATER.  IF  THE
    2  VIOLATION IS A SECOND OR SUBSEQUENT VIOLATION OF SUCH SECTION 11-0535-A,
    3  NOT  MORE  THAN  SIX  THOUSAND  DOLLARS OR NOT MORE THAN THREE TIMES THE
    4  VALUE OF THE ARTICLE INVOLVED, WHICHEVER IS GREATER.
    5    S  4. Within 30 days of the effective date of this act, the department
    6  of environmental conservation shall maintain on its website  information
    7  regarding the prohibition on the sale and purchase of ivory articles and
    8  rhinoceros horns in the state.
    9    S 5. Severability. If any clause, sentence, paragraph, section or part
   10  of  this act shall be adjudged by any court of competent jurisdiction to
   11  be invalid and after exhaustion of  all  further  judicial  review,  the
   12  judgment  shall  not affect, impair or invalidate the remainder thereof,
   13  but shall be confined in its operation to the  clause,  sentence,  para-
   14  graph,  section or part of this act directly involved in the controversy
   15  in which the judgment shall have been rendered.
   16    S 6. No later than January 1, 2020, the  department  of  environmental
   17  conservation shall prepare a report outlining enforcement activities and
   18  recommendations  regarding  any  necessary  changes,  including  but not
   19  limited to the extension or repeal of this act.
   20    S 7. This act shall take effect immediately;  provided,  however,  any
   21  person  who  has  been  issued  a license or permit allowing the sale of
   22  elephant ivory articles or rhinoceros horns prior to the effective  date
   23  of  this  act  may  sell  such articles listed on such license or permit
   24  until such license or permit has expired.
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