S T A T E O F N E W Y O R K
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10194
I N A S S E M B L Y
November 12, 2014
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Introduced by COMMITTEE ON RULES -- (at request of M. of A. Sweeney,
Gottfried, Glick, Thiele, Cymbrowitz, Lifton, Jaffee, Zebrowski,
Titone, Otis, Rozic, Englebright, Paulin, Benedetto, Simotas, Stirpe,
Quart, Markey, Schimel, Weinstein) -- (at request of the Governor) --
read once and referred to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
musical instruments containing ivory or rhinoceros horn; and to amend
chapter 326 of the laws of 2014 amending the environmental conserva-
tion law relating to prohibiting the purchase and sale of ivory arti-
cles and rhinoceros horns and increasing the penalties for the illegal
sale of such articles, in relation to amending the effective date
thereof and permitting the sale of mammoth items through June 30, 2015
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph d of subdivision 3 of section 11-0535-a of the
environmental conservation law, as added by chapter 326 of the laws of
2014, is amended to read as follows:
d. the ivory article or rhinoceros horn is [part] LESS THAN TWENTY
PERCENT BY VOLUME of a musical instrument, including, without limita-
tion, string and wind instruments and pianos, and the owner or seller
provides historical documentation as the department may require, demon-
strating provenance and showing the item was manufactured no later than
nineteen hundred seventy-five IF THE INSTRUMENT CONTAINS ELEPHANT IVORY,
OR JUNE THIRTIETH, TWO THOUSAND FOURTEEN IF THE INSTRUMENT CONTAINS ONLY
MAMMOTH IVORY.
S 2. Section 7 of chapter 326 of the laws of 2014 amending the envi-
ronmental conservation law relating to prohibiting the purchase and sale
of ivory articles and rhinoceros horns and increasing penalties for the
illegal sale of such articles, is amended to read as follows:
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 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; AND PROVIDED FURTHER, THAT ANY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD12118-01-4
A. 10194 2
PERSON WHO POSSESSES MAMMOTH IVORY ARTICLES ON THE DATE THIS ACT TAKES
EFFECT MAY SELL, OFFER FOR SALE, TRADE, BARTER, OR DISTRIBUTE SUCH ARTI-
CLES THROUGH JUNE 30, 2015, IF THE ARTICLES ARE ACCOMPANIED BY DOCUMEN-
TATION SUFFICIENT TO SHOW THAT SUCH ARTICLES ARE MAMMOTH IVORY OBTAINED
PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
S 3. This act shall take effect immediately, and shall be deemed to
have been in full force and effect on the same date and in the same
manner as chapter 326 of the laws of 2014, took effect.