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S05733 Summary:

BILL NOS05733
 
SAME ASSAME AS A03767-A
 
SPONSORLITTLE
 
COSPNSRVALESKY, AVELLA, ESPAILLAT, HOYLMAN, SERRANO
 
MLTSPNSR
 
Add S11-0514, amd SS11-0103 & 71-0925, En Con L
 
Relates to the sale, distribution, transport and trade of eurasian boars.
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S05733 Actions:

BILL NOS05733
 
06/10/2013REFERRED TO ENVIRONMENTAL CONSERVATION
06/17/2013COMMITTEE DISCHARGED AND COMMITTED TO RULES
06/17/2013ORDERED TO THIRD READING CAL.1407
06/17/2013PASSED SENATE
06/17/2013DELIVERED TO ASSEMBLY
06/17/2013referred to codes
06/18/2013substituted for a3767a
06/18/2013ordered to third reading rules cal.412
06/18/2013passed assembly
06/18/2013returned to senate
10/09/2013DELIVERED TO GOVERNOR
10/21/2013SIGNED CHAP.417
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S05733 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5733
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                      June 10, 2013
                                       ___________
 
        Introduced  by  Sen. LITTLE -- (at request of the Department of Environ-
          mental Conservation) -- 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 the
          sale, distribution, transport and trade of Eurasian boars
 

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Paragraph  b  of subdivision 29 of section 11-0103 of the
     2  environmental conservation law, as added by chapter 208 of the  laws  of
     3  1999, is amended to read as follows:
     4    b.  A  captive  bred North American big game mammal including: cougar,
     5  wolf, bear, bison, big horn sheep, mountain goat,  antelope,  elk,  musk
     6  ox,  mule deer, black tailed deer, caribou, [swine,] and a domestic game
     7  animal as defined in paragraph b of subdivision four  of  this  section,
     8  provided, however, that nothing herein shall be deemed to expand, dimin-
     9  ish, or alter the department's authority under existing statute or regu-
    10  lation  to  regulate the taking of big game as defined in paragraph b of

    11  subdivision two of this section or other protected wildlife  as  defined
    12  in paragraph c of subdivision six of this section.
    13    §  2.    The environmental conservation law is amended by adding a new
    14  section 11-0514 to read as follows:
    15  § 11-0514. Eurasian boars prohibited.
    16    1. For purposes of  this  section,  "Eurasian  boar"  shall  mean  any
    17  subspecies,  breed,  or  hybrid  of  swine  recognized as Eurasian boar,
    18  Russian boar, wild boar, wild hog, razorback, or feral swine.  "Eurasian
    19  boar"  shall  not include domestic pigs (sus scrofa domestica) possessed
    20  for meat production or as pets, or  animals  possessed  or  owned  by  a
    21  zoological park accredited by the Association of Zoos and Aquariums.
    22    2.  No  person,  firm,  partnership, corporation, or government entity

    23  shall knowingly import, allow to breed, or introduce into the wild Eura-
    24  sian boars.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08969-06-3

        S. 5733                             2
 
     1    3. Beginning September first, two thousand fifteen, no  person,  firm,
     2  partnership,  corporation  or government entity shall knowingly possess,
     3  sell, offer for sale, distribute,  transport,  or  otherwise  market  or
     4  trade live Eurasian boars.
     5    4.  The department may adopt rules and regulations necessary to imple-
     6  ment and administer this section.

     7    § 3. Section 71-0925 of the environmental conservation law is  amended
     8  by adding a new subdivision 15 to read as follows:
     9    15.  If  the  violation  was  a  first  or second violation of section
    10  11-0514 of this chapter, a fine of up to five hundred dollars  for  each
    11  animal  for  each  act  of  importation, possession, introduction, sale,
    12  offer for sale, distribution, transportation or otherwise  marketing  or
    13  trading.    For  a  third  or  subsequent  separate violation of section
    14  11-0514 of this chapter, the greater of a.    a  fine  of  one  thousand
    15  dollars   for  each  animal  for  each  act  of  importation,  breeding,
    16  possession, introduction, sale, offer for sale, distribution,  transpor-
    17  tation or otherwise marketing or trading or b.  an amount equal to three

    18  times  (1) the financial security provided by customers for the opportu-
    19  nity to take the animal or (2) the value of a boar for  meat  production
    20  or as breeding stock.
    21    §  4.  This act shall take effect immediately, provided, however, that
    22  any person, firm, partnership or corporation which  has  a  contract  to
    23  import  Eurasian  boars  as of the effective date of this act may import
    24  such animals for 60 days after such effective date.
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