assembly Bill A8824

Amended

Prohibits the sale, purchase, trade, barter and distribution of certain ivory articles and rhinoceros horns

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Sponsor

SWEENEY

Co-Sponsors

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Multi-Sponsors

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 19 / Feb / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 26 / Feb / 2014
    • REPORTED REFERRED TO CODES
  • 06 / Jun / 2014
    • AMEND (T) AND RECOMMIT TO CODES
  • 06 / Jun / 2014
    • PRINT NUMBER 8824A
  • 09 / Jun / 2014
    • REPORTED REFERRED TO RULES
  • 11 / Jun / 2014
    • REPORTED
  • 11 / Jun / 2014
    • RULES REPORT CAL.173
  • 11 / Jun / 2014
    • ORDERED TO THIRD READING RULES CAL.173
  • 11 / Jun / 2014
    • PASSED ASSEMBLY
  • 11 / Jun / 2014
    • DELIVERED TO SENATE
  • 11 / Jun / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

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

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Bill Details

See Senate Version of this Bill:
S7040
Versions:
A8824
A8824A
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0535-a, amd §§71-0924 & 71-0925, En Con L
view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8824

                          I N  A S S E M B L Y

                            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 -- Multi-Sponsored by -- M.  of
  A.  BRENNAN, GLICK, HENNESSEY, LUPARDO, SCARBOROUGH, SKARTADOS -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  purchase  and sale of ivory articles and to increase
  the penalties for the illegal commercialization  of  fish,  shellfish,
  crustacea and wildlife, including ivory articles

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

  Section 1. The environmental conservation law is amended by  adding  a
new section 11-0535-a to read as follows:
S 11-0535-A. ILLEGAL IVORY ARTICLES.
  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF SECTION
11-0535 OF THIS TITLE, WHICH AUTHORIZES THE DEPARTMENT TO ISSUE  CERTAIN
LICENSES  OR  PERMITS,  NO  PERSON SHALL SELL, OFFER FOR SALE, PURCHASE,
TRADE, BARTER, OR DISTRIBUTE OTHER THAN TO A LEGAL BENEFICIARY, AN IVORY
ARTICLE.
  A. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING:
  (I) WORKED OR RAW IVORY FROM ANY SPECIES OF ELEPHANT OR MAMMOTH; OR
  (II) ANY ANIMAL PART CONTAINING IVORY  INCLUDED  BY  THE  COMMISSIONER
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  B.  "WORKED  IVORY"  MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
THEREOF, WHICH IS NOT RAW IVORY.
  C. "RAW IVORY" MEANS ANY ELEPHANT  OR  MAMMOTH  TUSK,  AND  ANY  PIECE
THEREOF,  THE SURFACE OF WHICH, POLISHED, OR UNPOLISHED, IS UNALTERED OR
MINIMALLY CARVED.
  2. THE COMMISSIONER MAY ADOPT  RULES  AND  REGULATIONS  EXPANDING  THE
DEFINITION OF "IVORY ARTICLE" TO INCLUDE ANY OTHER ANIMAL PARTS CONTAIN-
ING IVORY PROVIDED THAT SUCH PARTS ARE FROM ANIMALS CLASSIFIED AS ENDAN-
GERED OR THREATENED AND PROVIDED THAT THE COMMISSIONER HAS HELD AT LEAST
ONE PUBLIC HEARING PRIOR TO THE ADOPTION OF SUCH RULES AND REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14095-01-4

A. 8824                             2

  S  2.  Section 71-0924 of the environmental conservation law, as added
by chapter 69 of the laws of 1988, subdivision 4 as amended  by  chapter
417 of the laws of 1996, is amended to read as follows:
S  71-0924.  Illegal  commercialization of fish, shellfish, crustaceans,
             and wildlife.
  Notwithstanding any other provision of this chapter, when a  violation
involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
prohibited by the fish and wildlife law, the following additional penal-
ties shall be imposed:
  1. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof,  is  two  hundred fifty dollars or less, the offense shall be a
violation punishable by a fine of five hundred dollars and/or  not  more
than fifteen days of imprisonment;
  2. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is  more than two hundred fifty dollars but does not exceed one
thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
punishable by a fine of five thousand dollars and/or not more  than  one
year of imprisonment; [and]
  3. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof,  exceeds  one  thousand five hundred dollars, the offense shall
constitute a class E felony under the provisions of the penal law[.];
  4. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THE OFFENSE SHALL CONSTI-
TUTE A CLASS D FELONY UNDER THE PROVISIONS OF THE PENAL LAW;
  5. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS, THE  OFFENSE  SHALL
CONSTITUTE A CLASS C FELONY UNDER THE PROVISIONS OF THE PENAL LAW.
  For the purposes of this section the value of fish, shellfish, crusta-
ceans  and  wildlife  shall  be the fair market value of or actual price
paid for such resource, whichever is greater.    For  purposes  of  this
section,  "sale" shall include the acts of selling, trading or bartering
and all related acts, such as the act of offering  for  sale,  trade  or
barter,  and  shall also include the illegal possession of fish, shellf-
ish, wildlife or crustacea with intent to sell. It shall be  presumptive
evidence  of  possession  with intent to sell when such fish, shellfish,
wildlife or crustacea is possessed in quantities exceeding the allowable
recreational quantities, or is possessed in a retail or wholesale outlet
commonly used for the buying or selling of such fish,  shellfish,  wild-
life  or  crustacea, provided, however, that nothing in this subdivision
shall preclude the admission of other evidence which may serve to  inde-
pendently prove a defendant's intent to sell.
  S  3. Subdivision 13 of section 71-0925 of the environmental conserva-
tion law, as amended by chapter 706 of the laws of 2005, is amended  and
a new subdivision 16 is added to read as follows:
  13.  If  the  violation  was  an  act prohibited by subdivision two of
section 11-0535, 11-0535-A or by section 11-0536 of this chapter, or  by
any  lawful  rule  or  regulation of the department promulgated pursuant
thereto, not more than two thousand dollars, and an  additional  penalty
of  not  more than three hundred fifty dollars for each fish, shellfish,
crustacea, wildlife or part thereof involved in the  violation.  If  the
violation  was  an  act  prohibited  by any regulation of the department
promulgated pursuant to subdivision three of  section  11-0535  of  this
chapter,  then such penalty shall be not more than one thousand dollars,
and an additional penalty of not more than two hundred dollars for  each

A. 8824                             3

fish,  shellfish,  crustacea,  wildlife  or part thereof involved in the
violation.
  16.  IF  THE VIOLATION WAS A SECOND OR SUBSEQUENT VIOLATION OF SECTION
11-0535, 11-0535-A OR 11-0536 OF THIS CHAPTER, THE GREATER OF (A) A FINE
OF FOUR THOUSAND DOLLARS PER ARTICLE  FOR  EACH  VIOLATION,  OR  (B)  AN
AMOUNT EQUAL TO THREE TIMES THE VALUE OF THE ARTICLE INVOLVED.
  S  4. Within 30 days of the effective date of this act, the department
shall maintain on its website information regarding the  prohibition  on
the sale and purchase of ivory articles in the state.
  S 5. Severability. If any clause, sentence, paragraph, section or part
of  this act shall be adjudged by any court of competent jurisdiction to
be invalid and after exhaustion of  all  further  judicial  review,  the
judgment  shall  not affect, impair or invalidate the remainder thereof,
but shall be confined in its operation to the  clause,  sentence,  para-
graph,  section or part of this act directly involved in the controversy
in which the judgment shall have been rendered.
  S 6. No later than January 1, 2020, the  department  shall  prepare  a
report  outlining  enforcement  activities and recommendations regarding
any necessary changes, including but not limited  to  the  extension  or
repeal of this act.
  S  7.  This  act shall take effect immediately; provided, however, any
person who has been issued a license or  permit  allowing  the  sale  of
elephant ivory articles prior to the effective date of this act may sell
such  articles  listed  on  such license or permit until such license or
permit has expired.

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