senate Bill S3858B

Signed By Governor
2011-2012 Legislative Session

Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder

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Archive: Last Bill Status - Signed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 17, 2011 signed chap.468
Aug 05, 2011 delivered to governor
Jun 20, 2011 returned to senate
passed assembly
Jun 17, 2011 ordered to third reading rules cal.401
substituted for a6291a
referred to codes
delivered to assembly
passed senate
Jun 14, 2011 advanced to third reading
Jun 13, 2011 2nd report cal.
amended 3858b
Jun 07, 2011 1st report cal.1036
May 23, 2011 print number 3858a
amend and recommit to environmental conservation
Mar 08, 2011 referred to environmental conservation

Votes

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Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

Co-Sponsors

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S3858 - Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858 - Summary

Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.

S3858 - Sponsor Memo

S3858 - Bill Text download pdf

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

                                  3858

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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 or sale of bear gallbladder

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

  Section 1. Subdivision 9  of  section  11-0917  of  the  environmental
conservation  law,  paragraph  b  as added by chapter 491 of the laws of
1984, paragraph c as added and paragraphs d and e as relettered by chap-
ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of
the laws of 1997, is amended to read as follows:
  9. a. The flesh of cottontail rabbits, varying hares, European  hares,
squirrels,  bear  and  deer  shall  not  be  bought  or sold[, except as
provided in section 11-1713 with respect to bear].
  b. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON IN THE  STATE  TO  POSSESS,
SELL  OR  BARTER, OFFER TO SELL OR BARTER, PURCHASE, TRANSPORT, DELIVER,
OR RECEIVE, BEAR GALLBLADDERS, BILE, OR ANY PRODUCT, ITEM, OR  SUBSTANCE
CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING, BEAR GALLBLADDERS OR
BILE.
  (II) A MINIMUM ONE THOUSAND DOLLAR PENALTY SHALL BE ISSUED PER INFRAC-
TION OF THIS PARAGRAPH.
  (III) NOTHING IN THIS SECTION PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT
OF  THE FEDERAL GOVERNMENT OR THE DEPARTMENT FROM POSSESSING, TRANSPORT-
ING, DELIVERING, OR RECEIVING BEAR GALLBLADDERS, BILE, OR  ANY  PRODUCT,
ITEM,  OR  SUBSTANCE CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING,
BEAR GALLBLADDERS OR BILE, FOR WILDLIFE LAW ENFORCEMENT PURPOSES.
  C. Notwithstanding [paragraph] PARAGRAPHS a OR B of this  subdivision,
game legally taken may be possessed, prepared and served by a non-profit
organization  at  any  meeting  for the members and guests provided that
there is no charge for the meal.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-02-1

Co-Sponsors

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S3858A - Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858A - Summary

Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.

S3858A - Sponsor Memo

S3858A - Bill Text download pdf

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

                                 3858--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI, AVELLA, DeFRANCISCO, GALLIVAN, KRUEGER,
  MAZIARZ, OPPENHEIMER, STAVISKY -- read twice and ordered printed,  and
  when printed to be committed to the Committee on Environmental Conser-
  vation  --  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 possession or sale of bear gallbladder

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

  Section 1. Subdivision 9  of  section  11-0917  of  the  environmental
conservation  law,  paragraph  b  as added by chapter 491 of the laws of
1984, paragraph c as added and paragraphs d and e as relettered by chap-
ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of
the laws of 1997, is amended to read as follows:
  9. a. The flesh of cottontail rabbits, varying hares, European  hares,
squirrels,  bear  and  deer  shall  not  be  bought  or sold[, except as
provided in section 11-1713 with respect to bear].
  b. (I) IT SHALL BE UNLAWFUL FOR ANY PERSON IN THE  STATE  TO  POSSESS,
SELL  OR  BARTER, OFFER TO SELL OR BARTER, PURCHASE, TRANSPORT, DELIVER,
OR RECEIVE, BEAR GALLBLADDERS, BILE, OR ANY PRODUCT, ITEM, OR  SUBSTANCE
CONTAINING, OR LABELED OR ADVERTISED AS CONTAINING, BEAR GALLBLADDERS OR
BILE.
  (II) A MINIMUM ONE THOUSAND DOLLAR PENALTY SHALL BE ISSUED PER INFRAC-
TION OF THIS PARAGRAPH.
  (III) NOTHING IN THIS SECTION PROHIBITS THE FOLLOWING:
  (A)  POSSESSION AND TRANSPORTATION OF ONE BEAR GALLBLADDER BY A HOLDER
OF A VALID HUNTING LICENSE PURSUANT TO SECTION 11-0907  OF  THIS  TITLE;
AND
  (B)  AN  OFFICER,  EMPLOYEE, OR AGENT OF THE FEDERAL GOVERNMENT OR THE
DEPARTMENT FROM POSSESSING, TRANSPORTING, DELIVERING, OR RECEIVING  BEAR
GALLBLADDERS,  BILE,  OR  ANY PRODUCT, ITEM, OR SUBSTANCE CONTAINING, OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10006-05-1

Co-Sponsors

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S3858B (ACTIVE) - Details

See Assembly Version of this Bill:
A6291A
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§11-0917, 11-0911, 11-1733 & 71-0921, En Con L
Versions Introduced in 2011-2012 Legislative Session:
A6291A

S3858B (ACTIVE) - Summary

Prohibits the possession, sale, barter, offer, purchase, transportation, delivery, or receipt of bear gallbladder, bile, or any product, item, or substance containing, or labeled or advertised as containing, bear gallbladders or bile; exempts federal and state government and individuals with a valid hunting license from transporting one bear gallbladder.

S3858B (ACTIVE) - Sponsor Memo

S3858B (ACTIVE) - Bill Text download pdf

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

                                 3858--B
    Cal. No. 1036

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                              March 8, 2011
                               ___________

Introduced  by  Sens.  GRISANTI, AVELLA, DeFRANCISCO, GALLIVAN, JOHNSON,
  KRUEGER, MAZIARZ, OPPENHEIMER, SERRANO, STAVISKY  --  read  twice  and
  ordered  printed, and when printed to be committed to the Committee on
  Environmental Conservation  --  committee  discharged,  bill  amended,
  ordered  reprinted  as  amended  and  recommitted to said committee --
  reported favorably from  said  committee,  ordered  to  first  report,
  amended  on  first  report,  ordered  to  a  second  report, and to be
  reprinted as amended, retaining its  place  in  the  order  of  second
  report

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting the possession or sale of bear gallbladder

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

  Section  1.  Subdivision  9  of  section  11-0917 of the environmental
conservation law, paragraph b as added by chapter 491  of  the  laws  of
1984, paragraph c as added and paragraphs d and e as relettered by chap-
ter 182 of the laws of 1993 and paragraph f as amended by chapter 432 of
the laws of 1997, is amended to read as follows:
  9.  a. The flesh of cottontail rabbits, varying hares, European hares,
squirrels, bear and deer  shall  not  be  bought  or  sold[,  except  as
provided in section 11-1713 with respect to bear].
  b.  BEAR  GALLBLADDERS AND BILE SHALL NOT BE POSSESSED, BARTERED, SOLD
OR OFFERED FOR SALE OR OFFERED FOR BARTER UNLESS A  VALID  BEAR  TAG  IS
ATTACHED. FOR THE PURPOSES OF THIS PARAGRAPH A VALID BEAR TAG SHALL MEAN
THE  TAG  OR  SIMILAR IDENTIFICATION REQUIRED BY THE GOVERNMENTAL ENTITY
THAT PERMITTED THE LEGAL TAKING OF SUCH BEAR. POSSESSION OF A BEAR GALL-
BLADDER WITHOUT A VALID BEAR TAG SHALL BE  PRIMA  FACIE  EVIDENCE  OF  A
VIOLATION  OF  THIS  PARAGRAPH.   A MINIMUM FIVE THOUSAND DOLLAR PENALTY
SHALL BE ISSUED PER INFRACTION OF  THIS  PARAGRAPH.    NOTHING  IN  THIS
SECTION  PROHIBITS AN OFFICER, EMPLOYEE, OR AGENT OF THE FEDERAL GOVERN-
MENT OR THE DEPARTMENT FROM  POSSESSING,  TRANSPORTING,  DELIVERING,  OR

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

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