assembly Bill A8824A

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

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

                                 8824--A

                          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,  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:

  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 AND RHINOCEROS HORNS.
  1. AS USED IN THIS SECTION:
  A.  "DISTRIBUTE"  MEANS  A  TRANSFER  OR  CHANGE IN POSSESSION WITH AN
ACCOMPANYING CHANGE IN LEGAL OWNERSHIP.
  B. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING WORKED OR RAW IVORY  FROM
ANY SPECIES OF ELEPHANT OR MAMMOTH.
  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.
  D.  "WORKED  IVORY"  MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
THEREOF, WHICH IS NOT RAW IVORY.
  2. EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS  SECTION,
NO  PERSON  SHALL  SELL,  OFFER  FOR  SALE,  PURCHASE,  TRADE, BARTER OR
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

  3. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL LAW,  RULE  OR  REGU-
LATION,  THE  COMMISSIONER  MAY  ISSUE LICENSES OR PERMITS FOR THE SALE,
OFFERING FOR SALE, PURCHASE, TRADING, BARTERING OR DISTRIBUTION OF IVORY
ARTICLES OR RHINOCEROS HORNS, PROVIDED THAT:
  A. THE IVORY ARTICLE OR RHINOCEROS HORN IS PART OF A BONA FIDE ANTIQUE
AND  IS  LESS  THAN  TWENTY  PERCENT  BY VOLUME OF SUCH ANTIQUE, AND THE
ANTIQUE STATUS OF SUCH ANTIQUE IS ESTABLISHED BY  THE  OWNER  OR  SELLER
THEREOF  WITH HISTORICAL DOCUMENTATION EVIDENCING PROVENANCE AND SHOWING
THE ANTIQUE TO BE NOT LESS THEN ONE HUNDRED YEARS OLD;
  B. THE DISTRIBUTION OR CHANGE OF POSSESSION OF THE  IVORY  ARTICLE  OR
RHINOCEROS HORN IS FOR BONA FIDE EDUCATIONAL OR SCIENTIFIC PURPOSES; OR
  C.  THE  DISTRIBUTION  OF THE IVORY ARTICLE OR RHINOCEROS HORN IS TO A
LEGAL BENEFICIARY OF A TRUST OR TO AN HEIR OR DISTRIBUTEE OF AN ESTATE.
  S 2. Section 71-0925 of the environmental conservation law is  amended
by adding a new subdivision 16 to read as follows:
  16.  IF  THE  VIOLATION  WAS AN ACT PROHIBITED BY SECTION 11-0535-A OF
THIS CHAPTER, NOT MORE THAN THREE THOUSAND DOLLARS OR NOT MORE THAN  TWO
TIMES  THE  VALUE  OF THE ARTICLE INVOLVED, WHICHEVER IS GREATER. IF THE
VIOLATION IS A SECOND OR SUBSEQUENT VIOLATION OF SUCH SECTION 11-0535-A,
NOT MORE THAN SIX THOUSAND DOLLARS OR NOT  MORE  THAN  THREE  TIMES  THE
VALUE OF THE ARTICLE INVOLVED, WHICHEVER IS GREATER.
  S  3. Within 30 days of the effective date of this act, the department
of environmental conservation shall maintain on its website  information
regarding the prohibition on the sale and purchase of ivory articles and
rhinoceros horns in the state.
  S 4. 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 5. No later than January 1, 2020, the  department  of  environmental
conservation 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 6. 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 or rhinoceros horns 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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