senate Bill S2649

Amended

Prohibits the possession of endangered species and imposes civil penalties therefor

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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

  • 23 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 15 / Mar / 2013
    • AMEND (T) AND RECOMMIT TO ENVIRONMENTAL CONSERVATION
  • 15 / Mar / 2013
    • PRINT NUMBER 2649A
  • 07 / May / 2013
    • 1ST REPORT CAL.564
  • 08 / May / 2013
    • 2ND REPORT CAL.
  • 20 / May / 2013
    • ADVANCED TO THIRD READING
  • 21 / Jun / 2013
    • COMMITTED TO RULES
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 11 / Feb / 2014
    • 1ST REPORT CAL.165
  • 26 / Feb / 2014
    • 2ND REPORT CAL.
  • 27 / Feb / 2014
    • ADVANCED TO THIRD READING
  • 28 / May / 2014
    • PASSED SENATE
  • 28 / May / 2014
    • DELIVERED TO ASSEMBLY
  • 28 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Prohibits the possession of endangered species and imposes civil penalties therefor.

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Bill Details

Versions:
S2649
S2649A
Legislative Cycle:
2013-2014
Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0538, amd §71-0925, En Con L
Versions Introduced in 2011-2012 Legislative Cycle:
S7362

Sponsor Memo

BILL NUMBER:S2649

TITLE OF BILL:
An act
to amend the environmental conservation law, in relation to prohibiting
the possession, transportation and sale of endangered chimpanzees

PURPOSE:
This legislation prohibits the possession of endangered chimpanzees
arid imposes civil penalties therefor.

SUMMARY OF PROVISIONS:

Section One - amends the environmental conservation law by adding a
new section 11-0538. This section prohibits possession of endangered
chimpanzees as well as the importation, transportation, sale or
taking of the flesh, bones, skeleton, skull, blood, organ, other body
parts or carcass. Any officer or agent authorized by the commissioner
or any police officer, as defined in subdivision thirty-four of
section 1.20 of the criminal procedure law, shall have the authority
to execute any warrant to search for or seize any property or item
used in connection with a violation of such subdivision; and such
flesh, bones, skeletons, skulls, blood, organs, other body parts and
carcasses shall be held pending proceedings in any court of proper
jurisdiction. Upon conviction, or upon entry of a judgment
restraining any violation of subdivision one of this section, such
body parts or carcasses shall be forfeited and, upon forfeiture,
shall be destroyed. The department will also have the authority to
seek injunctive relief in any court of proper jurisdiction to enjoin
continued violation of subdivision one of this section.

Section One - states that the provisions of subdivision one of this
section shall not apply to any person holding a valid permit issued
pursuant to the United States Endangered Species Act or the
Convention on International Trade in Endangered Species of Wild Fauna
and Flora; or to any person certified by the commissioner as being in
possession for zoological, educational or scientific purposes, and is
not otherwise prohibited by any state or federal law, rule or
regulation.

Section Two - amends section 71-0925 of the environmental conservation
law by adding a new subdivision 15 to state that if the violation was
an
act prohibited by subdivision one of section 11-0535 of this chapter,
or by any lawful rule or regulation of the department promulgated
pursuant thereto, a civil penalty of not more than five hundred
dollars for the first conviction thereof; and a civil penalty of not
more than one thousand dollars for a second or subsequent conviction.
Each instance of violation shall constitute a separate offense.

Section Four - states that this act shall take effect immediately.

JUSTIFICATION:
This legislation prohibits the possession, transportation and sale of
endangered chimpanzees and imposes civil penalties.


LEGISLATIVE HISTORY:
5/2/12 Referred to Environmental Conservation

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2649

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 23, 2013
                               ___________

Introduced  by  Sen.  BALL  --  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
  prohibiting  the  possession,  transportation  and  sale of endangered
  chimpanzees

  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 11-0538 to read as follows:
S 11-0538. POSSESSION OF ENDANGERED CHIMPANZEES; PROHIBITED.
  1.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF   THIS   CHAPTER,   THE
POSSESSION,  IMPORTATION,  TRANSPORTATION,  SALE OR TAKING OF THE FLESH,
BONES, SKELETON, SKULL, BLOOD, ORGAN, OTHER BODY PARTS OR CARCASS OF ANY
ENDANGERED CHIMPANZEE.
  2. ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER OR  ANY  POLICE
OFFICER,  AS  DEFINED  IN SUBDIVISION THIRTY-FOUR OF SECTION 1.20 OF THE
CRIMINAL PROCEDURE LAW, SHALL HAVE THE AUTHORITY TO EXECUTE ANY  WARRANT
TO  SEARCH  FOR  OR  SEIZE  ANY  FLESH, BONES, SKELETONS, SKULLS, BLOOD,
ORGANS, OTHER BODY PARTS OR CARCASSES POSSESSED, IMPORTED,  TRANSPORTED,
SOLD  OR  TAKEN  IN VIOLATION OF SUBDIVISION ONE OF THIS SECTION, OR ANY
PROPERTY OR ITEM USED IN CONNECTION WITH A VIOLATION  OF  SUCH  SUBDIVI-
SION;  AND  SUCH  FLESH,  BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER
BODY PARTS AND CARCASSES SHALL BE HELD PENDING PROCEEDINGS IN ANY  COURT
OF  PROPER  JURISDICTION.  UPON  CONVICTION, OR UPON ENTRY OF A JUDGMENT
RESTRAINING ANY VIOLATION OF  SUBDIVISION  ONE  OF  THIS  SECTION,  SUCH
SEIZED  FLESH, BONES, SKELETONS, SKULLS, BLOOD, ORGANS, OTHER BODY PARTS
OR  CARCASSES  SHALL  BE  FORFEITED  AND,  UPON  FORFEITURE,  SHALL   BE
DESTROYED.
  3.  THE  DEPARTMENT SHALL HAVE THE AUTHORITY TO SEEK INJUNCTIVE RELIEF
IN ANY COURT OF PROPER JURISDICTION TO  ENJOIN  CONTINUED  VIOLATION  OF
SUBDIVISION ONE OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07357-01-3

S. 2649                             2

  4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:
  A.  TO ANY PERSON HOLDING A VALID PERMIT ISSUED PURSUANT TO THE UNITED
STATES ENDANGERED SPECIES ACT OR THE CONVENTION ON  INTERNATIONAL  TRADE
IN ENDANGERED SPECIES OF WILD FAUNA AND FLORA; OR
  B.  TO ANY PERSON CERTIFIED BY THE COMMISSIONER AS BEING IN POSSESSION
FOR ZOOLOGICAL, EDUCATIONAL OR SCIENTIFIC PURPOSES, AND IS NOT OTHERWISE
PROHIBITED BY ANY STATE OR FEDERAL LAW, RULE OR REGULATION.
  S 2. Section 71-0925 of the environmental conservation law is  amended
by adding a new subdivision 15 to read as follows:
  15.  IF  THE  VIOLATION  WAS  AN  ACT PROHIBITED BY SUBDIVISION ONE OF
SECTION 11-0538 OF THIS CHAPTER, OR BY ANY LAWFUL RULE OR REGULATION  OF
THE DEPARTMENT PROMULGATED PURSUANT THERETO, A CIVIL PENALTY OF NOT MORE
THAN  FIVE HUNDRED DOLLARS FOR THE FIRST CONVICTION THEREOF; AND A CIVIL
PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SECOND OR SUBSEQUENT
CONVICTION. EACH INSTANCE  OF  VIOLATION  SHALL  CONSTITUTE  A  SEPARATE
OFFENSE.
  S 3. 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 4. This act shall take effect immediately.

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