senate Bill S7040

2013-2014 Legislative Session

Relates to a ban on the sale, purchase, trade, barter, and distribution of certain ivory articles

download bill text pdf

Sponsored By

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


  • 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
Apr 21, 2014 referred to environmental conservation

Co-Sponsors

S7040 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Add §11-0535-a, amd §§71-0924 & 71-0925, En Con L

S7040 (ACTIVE) - Summary

Relates to a ban on the sale, purchase, trade, barter, and distribution of certain ivory articles.

S7040 (ACTIVE) - Sponsor Memo

S7040 (ACTIVE) - Bill Text download pdf

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

                                  7040

                            I N  S E N A T E

                             April 21, 2014
                               ___________

Introduced  by  Sen.  AVELLA -- 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  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.
  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:

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

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