NY State Senate Bill 2011-S7362

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 02, 2012	referred to environmental conservation

2011-S7362 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §11-0538, amd §71-0925, En Con L
Versions Introduced in 2013-2014 Legislative Session:: S2649

2011-S7362 (ACTIVE) - Summary

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

2011-S7362 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7362

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
and 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 11-0538 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.

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:
This is a new bill.


FISCAL IMPLICATIONS:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

2011-S7362 (ACTIVE) - Bill Text download pdf

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

                                  7362

                            I N  S E N A T E

                               May 2, 2012
                               ___________

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.
  4. THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION SHALL NOT APPLY:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15673-01-2

S. 7362                             2

  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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Senate Bill S7362

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2011-S7362 (ACTIVE) - Details

2011-S7362 (ACTIVE) - Summary

2011-S7362 (ACTIVE) - Sponsor Memo

2011-S7362 (ACTIVE) - Bill Text download pdf

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Sponsored By

Greg Ball

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2011-S7362 (ACTIVE) - Details

2011-S7362 (ACTIVE) - Summary

2011-S7362 (ACTIVE) - Sponsor Memo

2011-S7362 (ACTIVE) - Bill Text download pdf

Comments