assembly Bill A8824A

2013-2014 Legislative Session

Prohibits the sale, purchase, trade, barter and distribution of certain ivory articles and rhinoceros horns

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Archive: Last Bill Status - Passed Assembly


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 11, 2014 referred to environmental conservation
delivered to senate
passed assembly
ordered to third reading rules cal.173
rules report cal.173
reported
Jun 09, 2014 reported referred to rules
Jun 06, 2014 print number 8824a
amend (t) and recommit to codes
Feb 26, 2014 reported referred to codes
Feb 19, 2014 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

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Multi-Sponsors

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A8824 - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0535-a, amd §71-0925, En Con L

A8824 - Bill Texts

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Prohibits the sale, purchase, trade, barter and distribution of certain ivory articles and rhinoceros horns.

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

                                  8824

                          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 -- Multi-Sponsored by -- M.  of
  A.  BRENNAN, GLICK, HENNESSEY, LUPARDO, SCARBOROUGH, SKARTADOS -- read
  once and referred to the Committee on Environmental Conservation

AN ACT to amend the  environmental  conservation  law,  in  relation  to
  prohibiting  the  purchase  and sale of ivory articles and to increase
  the penalties for the illegal commercialization  of  fish,  shellfish,
  crustacea and wildlife, including ivory articles

  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.
  1.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF SECTION
11-0535 OF THIS TITLE, WHICH AUTHORIZES THE DEPARTMENT TO ISSUE  CERTAIN
LICENSES  OR  PERMITS,  NO  PERSON SHALL SELL, OFFER FOR SALE, PURCHASE,
TRADE, BARTER, OR DISTRIBUTE OTHER THAN TO A LEGAL BENEFICIARY, AN IVORY
ARTICLE.
  A. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING:
  (I) WORKED OR RAW IVORY FROM ANY SPECIES OF ELEPHANT OR MAMMOTH; OR
  (II) ANY ANIMAL PART CONTAINING IVORY  INCLUDED  BY  THE  COMMISSIONER
PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
  B.  "WORKED  IVORY"  MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
THEREOF, WHICH IS NOT RAW IVORY.
  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.
  2. THE COMMISSIONER MAY ADOPT  RULES  AND  REGULATIONS  EXPANDING  THE
DEFINITION OF "IVORY ARTICLE" TO INCLUDE ANY OTHER ANIMAL PARTS CONTAIN-
ING IVORY PROVIDED THAT SUCH PARTS ARE FROM ANIMALS CLASSIFIED AS ENDAN-
GERED OR THREATENED AND PROVIDED THAT THE COMMISSIONER HAS HELD AT LEAST
ONE PUBLIC HEARING PRIOR TO THE ADOPTION OF SUCH RULES AND REGULATIONS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14095-01-4

A. 8824                             2

  S  2.  Section 71-0924 of the environmental conservation law, as added
by chapter 69 of the laws of 1988, subdivision 4 as amended  by  chapter
417 of the laws of 1996, is amended to read as follows:
S  71-0924.  Illegal  commercialization of fish, shellfish, crustaceans,
             and wildlife.
  Notwithstanding any other provision of this chapter, when a  violation
involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
prohibited by the fish and wildlife law, the following additional penal-
ties shall be imposed:
  1. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof,  is  two  hundred fifty dollars or less, the offense shall be a
violation punishable by a fine of five hundred dollars and/or  not  more
than fifteen days of imprisonment;
  2. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof, is  more than two hundred fifty dollars but does not exceed one
thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
punishable by a fine of five thousand dollars and/or not more  than  one
year of imprisonment; [and]
  3. where the value of fish, shellfish, crustaceans, wildlife, or parts
thereof,  exceeds  one  thousand five hundred dollars, the offense shall
constitute a class E felony under the provisions of the penal law[.];
  4. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THE OFFENSE SHALL CONSTI-
TUTE A CLASS D FELONY UNDER THE PROVISIONS OF THE PENAL LAW;
  5. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
THEREOF, EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS, THE  OFFENSE  SHALL
CONSTITUTE A CLASS C FELONY UNDER THE PROVISIONS OF THE PENAL LAW.
  For the purposes of this section the value of fish, shellfish, crusta-
ceans  and  wildlife  shall  be the fair market value of or actual price
paid for such resource, whichever is greater.    For  purposes  of  this
section,  "sale" shall include the acts of selling, trading or bartering
and all related acts, such as the act of offering  for  sale,  trade  or
barter,  and  shall also include the illegal possession of fish, shellf-
ish, wildlife or crustacea with intent to sell. It shall be  presumptive
evidence  of  possession  with intent to sell when such fish, shellfish,
wildlife or crustacea is possessed in quantities exceeding the allowable
recreational quantities, or is possessed in a retail or wholesale outlet
commonly used for the buying or selling of such fish,  shellfish,  wild-
life  or  crustacea, provided, however, that nothing in this subdivision
shall preclude the admission of other evidence which may serve to  inde-
pendently prove a defendant's intent to sell.
  S  3. Subdivision 13 of section 71-0925 of the environmental conserva-
tion law, as amended by chapter 706 of the laws of 2005, is amended  and
a new subdivision 16 is added to read as follows:
  13.  If  the  violation  was  an  act prohibited by subdivision two of
section 11-0535, 11-0535-A or by section 11-0536 of this chapter, or  by
any  lawful  rule  or  regulation of the department promulgated pursuant
thereto, not more than two thousand dollars, and an  additional  penalty
of  not  more than three hundred fifty dollars for each fish, shellfish,
crustacea, wildlife or part thereof involved in the  violation.  If  the
violation  was  an  act  prohibited  by any regulation of the department
promulgated pursuant to subdivision three of  section  11-0535  of  this
chapter,  then such penalty shall be not more than one thousand dollars,
and an additional penalty of not more than two hundred dollars for  each

A. 8824                             3

fish,  shellfish,  crustacea,  wildlife  or part thereof involved in the
violation.
  16.  IF  THE VIOLATION WAS A SECOND OR SUBSEQUENT VIOLATION OF SECTION
11-0535, 11-0535-A OR 11-0536 OF THIS CHAPTER, THE GREATER OF (A) A FINE
OF FOUR THOUSAND DOLLARS PER ARTICLE  FOR  EACH  VIOLATION,  OR  (B)  AN
AMOUNT EQUAL TO THREE TIMES THE VALUE OF THE ARTICLE INVOLVED.
  S  4. Within 30 days of the effective date of this act, the department
shall maintain on its website information regarding the  prohibition  on
the sale and purchase of ivory articles in the state.
  S 5. 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 6. No later than January 1, 2020, the  department  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  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 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.

Co-Sponsors

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Multi-Sponsors

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A8824A (ACTIVE) - Bill Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0535-a, amd §71-0925, En Con L

A8824A (ACTIVE) - Bill Texts

view summary

Prohibits the sale, purchase, trade, barter and distribution of certain ivory articles and rhinoceros horns.

view full text
download pdf
                    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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