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S05098 Summary:

BILL NOS05098
 
SAME ASSAME AS A06600
 
SPONSORMARTINEZ
 
COSPNSRBOYLE, KAPLAN, KRUEGER, METZGER, SERRANO
 
MLTSPNSR
 
Add §11-0535-b, amd §71-0925, En Con L
 
Requires the department of environmental conservation to designate certain species as vulnerable species and prohibits the sale of articles made from any part of a vulnerable species; and requires the department to designate the giraffe as a vulnerable species.
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S05098 Actions:

BILL NOS05098
 
04/09/2019REFERRED TO ENVIRONMENTAL CONSERVATION
04/30/2019COMMITTEE DISCHARGED AND COMMITTED TO RULES
04/30/2019ORDERED TO THIRD READING CAL.489
04/30/2019PASSED SENATE
04/30/2019DELIVERED TO ASSEMBLY
04/30/2019referred to ways and means
04/30/2019substituted for a6600
04/30/2019ordered to third reading cal.209
04/30/2019passed assembly
04/30/2019returned to senate
12/06/2019DELIVERED TO GOVERNOR
12/13/2019SIGNED CHAP.651
12/13/2019APPROVAL MEMO.42
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S05098 Committee Votes:

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S05098 Floor Votes:

DATE:04/30/2019Assembly Vote  YEA/NAY: 123/21
Yes
Abbate
Yes
Crespo
ER
Gantt
Yes
LiPetri
Yes
Perry
Yes
Simon
Yes
Abinanti
No
Crouch
No
Garbarino
Yes
Lupardo
Yes
Pheffer Amato
Yes
Simotas
Yes
Arroyo
Yes
Cruz
Yes
Giglio
Yes
Magnarelli
Yes
Pichardo
Yes
Smith
Yes
Ashby
Yes
Cusick
Yes
Glick
Yes
Malliotakis
Yes
Pretlow
Yes
Smullen
Yes
Aubry
Yes
Cymbrowitz
No
Goodell
No
Manktelow
Yes
Quart
Yes
Solages
No
Barclay
Yes
Davila
Yes
Gottfried
Yes
McDonald
Yes
Ra
Yes
Stec
Yes
Barnwell
Yes
De La Rosa
Yes
Griffin
Yes
McDonough
Yes
Raia
Yes
Steck
Yes
Barrett
Yes
DenDekker
Yes
Gunther
Yes
McMahon
Yes
Ramos
Yes
Stern
ER
Barron
Yes
DeStefano
No
Hawley
Yes
Mikulin
Yes
Raynor
Yes
Stirpe
Yes
Benedetto
Yes
Dickens
Yes
Hevesi
Yes
Miller B
Yes
Reilly
No
Tague
ER
Bichotte
Yes
Dilan
Yes
Hunter
Yes
Miller MG
Yes
Reyes
Yes
Taylor
Yes
Blake
Yes
Dinowitz
Yes
Hyndman
Yes
Miller ML
Yes
Richardson
Yes
Thiele
No
Blankenbush
No
DiPietro
Yes
Jacobson
Yes
Montesano
Yes
Rivera
ER
Titus
No
Brabenec
Yes
D'Urso
Yes
Jaffee
No
Morinello
ER
Rodriguez
Yes
Vanel
Yes
Braunstein
Yes
Eichenstein
Yes
Jean-Pierre
Yes
Mosley
Yes
Romeo
No
Walczyk
Yes
Bronson
Yes
Englebright
Yes
Johns
Yes
Niou
Yes
Rosenthal D
Yes
Walker
Yes
Buchwald
Yes
Epstein
Yes
Jones
Yes
Nolan
Yes
Rosenthal L
Yes
Wallace
Yes
Burke
Yes
Fahy
Yes
Joyner
No
Norris
Yes
Rozic
No
Walsh
Yes
Buttenschon
Yes
Fall
Yes
Kim
Yes
O'Donnell
Yes
Ryan
Yes
Weinstein
Yes
Byrne
Yes
Fernandez
No
Kolb
Yes
Ortiz
Yes
Salka
Yes
Weprin
No
Byrnes
No
Finch
No
Lalor
Yes
Otis
Yes
Santabarbara
Yes
Williams
Yes
Cahill
Yes
Fitzpatrick
Yes
Lavine
No
Palmesano
Yes
Sayegh
Yes
Woerner
Yes
Carroll
No
Friend
No
Lawrence
Yes
Palumbo
Yes
Schimminger
Yes
Wright
Yes
Colton
Yes
Frontus
Yes
Lentol
Yes
Paulin
Yes
Schmitt
ER
Zebrowski
Yes
Cook
Yes
Galef
Yes
Lifton
Yes
Peoples-Stokes
Yes
Seawright
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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S05098 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5098
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      April 9, 2019
                                       ___________
 
        Introduced  by Sen. MARTINEZ -- read twice and ordered printed, and when
          printed to be committed to the Committee on Environmental Conservation
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          designating  certain species as vulnerable species and prohibiting the
          sale of articles made from such vulnerable species; and to require the
          department of environmental conservation to designate the giraffe as a
          vulnerable species
 
          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-b to read as follows:
     3  § 11-0535-b. Vulnerable species.
     4    1. As used in  this  section,  "vulnerable  species"  shall  mean  any
     5  species  of  wildlife  designated by the department, by regulation filed
     6  with the secretary of state, which meet the following criteria:
     7    (a) On the basis of credible scientific evidence,  which  may  include
     8  information  contained  on  the  international union for conservation of
     9  nature and natural resources red list of threatened  species,  or  other
    10  similar data:
    11    (i)  the  species  has  an observed, estimated, inferred, projected or
    12  suspected population size reduction of thirty percent or more  over  the
    13  last ten years or three generations, whichever is longer; or
    14    (ii)  the  geographic range of the species is less than eight thousand
    15  square miles and the area of occupancy is less than eight hundred square
    16  miles, and the species' habitat is severely fragmented or the species is
    17  found in fewer than ten locations; or
    18    (iii) there are less than ten thousand mature individuals and the risk
    19  of extinction of the species within one hundred years is more  than  ten
    20  percent; or
    21    (iv)  other  factors  that may cause the species to go extinct if they
    22  are not identified and reversed;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10508-01-9

        S. 5098                             2
 
     1    (b) The species is known to be in trade in this state;
     2    (c)  The  species  is  not  protected  as  an endangered or threatened
     3  species by the secretary of the interior; and
     4    (d) The species is not protected under the  Marine  Mammal  Protection
     5  Act.
     6    2.  Except as otherwise provided in subdivision three of this section,
     7  no person shall sell, or possess with the intent to  sell,  any  article
     8  made  in  whole  or  in  part from the skin, hide, or other parts of any
     9  vulnerable species, except under license or permit from the department.
    10    3. The commissioner may issue licenses or  permits  for  the  sale  or
    11  possession  with  intent to sell of any article made in whole or in part
    12  from the skin, hide, or other parts of any vulnerable species,  provided
    13  that:
    14    (a)  the article is part of a bona fide antique and the antique status
    15  of such antique is established by  the  owner  or  seller  thereof  with
    16  historical  documentation  evidencing provenance and showing the antique
    17  to be not less than one hundred years old; or
    18    (b) the article is for bona fide educational or  scientific  purposes,
    19  or  to  be  made part of a temporary or permanent collection of a museum
    20  chartered by the board of regents pursuant to the education law or to  a
    21  museum  authorized  by  a  special  charter from the legislature of this
    22  state, provided that the article is not thereafter sold to  any  private
    23  party.
    24    4.  The department shall maintain a list of vulnerable species identi-
    25  fied pursuant to this section and post such  list  on  the  department's
    26  website.
    27    5.  Species  shall  not  be designated as a vulnerable species for the
    28  purposes of this section if:
    29    (a) the species is protected pursuant to any other provision  of  this
    30  chapter; or
    31    (b)  the taking of the species is regulated by the department pursuant
    32  to permit or license.
    33    § 2. Section 71-0925 of the environmental conservation law is  amended
    34  by adding a new subdivision 17 to read as follows:
    35    17.  If  the  violation  was an act prohibited by section 11-0535-b of
    36  this chapter, not more than one thousand dollars or not  more  than  two
    37  times  the  value  of the article involved, whichever is greater. If the
    38  violation is a second or subsequent violation of such section 11-0535-b,
    39  not more than two thousand dollars or not  more  than  three  times  the
    40  value of the article involved, whichever is greater.
    41    § 3. Within 180 days of the effective date of this act, the department
    42  of  environmental  conservation  shall promulgate regulations that, at a
    43  minimum, designate giraffes (Giraffa  Camelopardalis)  as  a  vulnerable
    44  species  pursuant to section 11-0535-b of the environmental conservation
    45  law.
    46    § 4. Severability. If any clause, sentence, paragraph, section or part
    47  of this act shall be adjudged by any court of competent jurisdiction  to
    48  be  invalid  and  after  exhaustion  of all further judicial review, the
    49  judgment shall not affect, impair or invalidate the  remainder  thereof,
    50  but  shall  be  confined in its operation to the clause, sentence, para-
    51  graph, section or part of this act directly involved in the  controversy
    52  in which the judgment shall have been rendered.
    53    §  5.  No  later than January 1, 2021, the department of environmental
    54  conservation shall prepare a report outlining enforcement activities and
    55  recommendations regarding any necessary changes.
    56    § 6. This act shall take effect immediately.
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