A00716 Summary:

BILL NOA00716
 
SAME ASSAME AS S02814
 
SPONSORRosenthal L
 
COSPNSRSimon, Gottfried
 
MLTSPNSR
 
Add Art 11 Title 5 §11-0535-d, amd §71-0919, En Con L
 
Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.
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A00716 Actions:

BILL NOA00716
 
01/06/2021referred to environmental conservation
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A00716 Committee Votes:

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A00716 Floor Votes:

There are no votes for this bill in this legislative session.
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A00716 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           716
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 6, 2021
                                       ___________
 
        Introduced  by  M. of A. L. ROSENTHAL, SIMON, GOTTFRIED -- read once and
          referred to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          enacting the "Big Five African Trophies Act" relating to foreign game

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "Big  Five
     2  African Trophies Act".
     3    §  2.  Title  5 of Article 11 of the environmental conservation law is
     4  amended by adding a new section 11-0535-d to read as follows:
     5  § 11-0535-d. Big five African trophies act.
     6    1. Notwithstanding any other provision of law,  no  individual,  firm,
     7  corporation,  association,  or  partnership shall import, export, trans-
     8  port, process, sell, offer for sale, purchase, trade, barter, distribute
     9  or possess any part or product of the skin or body, whether raw or manu-
    10  factured, of the following animal species: African  Elephant  (Loxodonta
    11  Africana);  African  Leopard  (Panthera  pardus); African Lion (Panthera
    12  leo); Black Rhinoceros (Diceros bicornis); White Rhinoceros (Ceratother-
    13  ium simum); and African Giraffe (giraffa camelopardalis).
    14    2. Unless such activity is prohibited by federal law, paragraph  e  of
    15  subdivision six of section 11-0103 of this article, or sections 11-0512,
    16  11-0535-a,  or  11-0536  of  this  title,  the  following exceptions and
    17  defenses apply to the prohibitions of subdivision one of this section:
    18    a. the part or product was located or possessed within  the  state  of
    19  New York prior to the effective date of this section and the legal owner
    20  has obtained a certificate of possession from the secretary of state;
    21    b.  the part or product is to be made part of a temporary or permanent
    22  collection of a museum chartered by the board of regents pursuant to the
    23  education law or to a museum authorized by a special  charter  from  the
    24  legislature  of  this state, provided that the article is not thereafter
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00556-01-1

        A. 716                              2
 
     1  sold, offered for sale, traded, bartered or distributed to  any  private
     2  party; or
     3    c.  the part or product is distributed directly to a legal beneficiary
     4  of a trust or to a legal  heir  provided  the  article  was  located  or
     5  possessed  by  the decedent prior to the effective date of this section;
     6  provided further that after transfer to the beneficiary or heir that the
     7  article is not thereafter sold, offered for sale,  traded,  bartered  or
     8  distributed  to any private party; provided further that the beneficiary
     9  or heir obtain a certificate of possession from the secretary  of  state
    10  within one hundred eighty days of obtaining the article.
    11    3.  Any officer or agent authorized by the commissioner, or any police
    12  officer of the state of New York, or any police officer of  any  munici-
    13  pality within the state of New York, shall have authority to execute any
    14  warrant  to  search  for and seize any parts or products in violation of
    15  this section, as defined in subdivision one  of  this  section,  or  any
    16  property  or  item  used in connection with a violation of this section;
    17  such parts or products shall be held pending proceedings in any court of
    18  proper jurisdiction. Upon conviction, or upon the entry  of  a  judgment
    19  restraining  the  import,  export,  transport,  process, sale, offer for
    20  sale, purchase, trade, barter, distribution or possession  of  any  such
    21  part  or  product  on  the  ground  that  such  parts or products are in
    22  violation of this section, such parts or  products  shall  be  forfeited
    23  and,  upon  forfeiture,  either  offered to a recognized institution for
    24  scientific or educational purposes, or destroyed.
    25    § 3. Subdivision 1 of section 71-0919 of the  environmental  conserva-
    26  tion law is amended by adding a new paragraph h to read as follows:
    27    h. In the cases provided for in section 11-0535-d of this chapter:
    28    (1)  Any  big  five  African  species,  property  and/or  item used in
    29  connection with a violation of this section shall be held pending crimi-
    30  nal proceedings in any court of proper jurisdiction.
    31    (2) A defendant convicted of this offense shall be sentenced  pursuant
    32  to  paragraph  (b) of subdivision one of section 55.10 of the penal law;
    33  provided, however, that any term of imprisonment imposed  for  violation
    34  of  this  section shall be a definite sentence, which may not exceed two
    35  years.
    36    (3) Upon conviction, or upon the entry of  a  judgment  restraining  a
    37  defendant  from  importing,  possessing,  selling, offering for sale, or
    38  transporting any big five African  species  on  the  grounds  that  such
    39  activity  is or would be in violation of section 11-0535-d of this chap-
    40  ter, any seized property under this paragraph shall  be  forfeited  and,
    41  upon forfeiture, destroyed.
    42    §  4. This act shall take effect one year after it shall have become a
    43  law.
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