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A08824 Summary:

A08824 Actions:

A08824 Floor Votes:

A08824 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8824--A
 
                   IN ASSEMBLY
 
                                    February 19, 2014
                                       ___________
 
        Introduced  by  M.  of  A. SWEENEY, WEISENBERG, LIFTON, O'DONNELL, STEC,
          GUNTHER, JAFFEE, KAVANAGH, SCHIMEL, TITONE, FAHY, ROZIC,  OTIS,  GOTT-
          FRIED,  COOK, ENGLEBRIGHT, DINOWITZ, MILLMAN, CAHILL, ROBINSON, ROSEN-
          THAL, BROOK-KRASNY, BRAUNSTEIN, CORWIN,  MOSLEY,  CYMBROWITZ,  MARKEY,
          ZEBROWSKI,  GALEF,  HEVESI,  SKOUFIS,  MILLER, LAVINE, TEDISCO, ORTIZ,

          BARRETT, STECK, WEPRIN,  PEOPLES-STOKES,  RAIA,  BENEDETTO,  PERRY  --
          Multi-Sponsored  by  --  M.  of A. ABINANTI, BRENNAN, CERETTO, CURRAN,
          GLICK, HENNESSEY,  LUPARDO,  LUPINACCI,  MALLIOTAKIS,  MAYER,  PAULIN,
          PRETLOW,  RIVERA,  SCARBOROUGH, SKARTADOS -- read once and referred to
          the Committee on Environmental Conservation -- reported  and  referred
          to  the  Committee  on  Codes  --  committee discharged, bill amended,
          ordered reprinted as amended and recommitted to said committee
 
        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  § 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.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14095-08-4
        A. 8824--A                          2
 
     1    3. Unless such activity is prohibited by federal law,  rule  or  regu-
     2  lation,  the  commissioner  may  issue licenses or permits for the sale,
     3  offering for sale, purchase, trading, bartering or distribution of ivory
     4  articles or rhinoceros horns, provided that:

     5    a. the ivory article or rhinoceros horn is part of a bona fide antique
     6  and  is  less  than  twenty  percent  by volume of such antique, and the
     7  antique status of such antique is established by  the  owner  or  seller
     8  thereof  with historical documentation evidencing provenance and showing
     9  the antique to be not less then one hundred years old;
    10    b. the distribution or change of possession of the  ivory  article  or
    11  rhinoceros horn is for bona fide educational or scientific purposes; or
    12    c.  the  distribution  of the ivory article or rhinoceros horn is to a
    13  legal beneficiary of a trust or to an heir or distributee of an estate.
    14    § 2. Section 71-0925 of the environmental conservation law is  amended
    15  by adding a new subdivision 16 to read as follows:

    16    16.  If  the  violation  was an act prohibited by section 11-0535-a of
    17  this chapter, not more than three thousand dollars or not more than  two
    18  times  the  value  of the article involved, whichever is greater. If the
    19  violation is a second or subsequent violation of such section 11-0535-a,
    20  not more than six thousand dollars or not  more  than  three  times  the
    21  value of the article involved, whichever is greater.
    22    §  3. Within 30 days of the effective date of this act, the department
    23  of environmental conservation shall maintain on its website  information
    24  regarding the prohibition on the sale and purchase of ivory articles and
    25  rhinoceros horns in the state.
    26    § 4. Severability. If any clause, sentence, paragraph, section or part

    27  of  this act shall be adjudged by any court of competent jurisdiction to
    28  be invalid and after exhaustion of  all  further  judicial  review,  the
    29  judgment  shall  not affect, impair or invalidate the remainder thereof,
    30  but shall be confined in its operation to the  clause,  sentence,  para-
    31  graph,  section or part of this act directly involved in the controversy
    32  in which the judgment shall have been rendered.
    33    § 5. No later than January 1, 2020, the  department  of  environmental
    34  conservation shall prepare a report outlining enforcement activities and
    35  recommendations  regarding  any  necessary  changes,  including  but not
    36  limited to the extension or repeal of this act.
    37    § 6. This act shall take effect immediately;  provided,  however,  any
    38  person  who  has  been  issued  a license or permit allowing the sale of

    39  elephant ivory articles or rhinoceros horns prior to the effective  date
    40  of  this  act  may  sell  such articles listed on such license or permit
    41  until such license or permit has expired.