S T A T E   O F   N E W   Y O R K
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                                 4686--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

Introduced  by  Sens. AVELLA, LATIMER -- read twice and ordered printed,
  and when printed to be committed to  the  Committee  on  Environmental
  Conservation  --  committee  discharged and said bill committed to the
  Committee on Rules --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  enacting "Cecil's law" relating to foreign game

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

  Section 1. This act shall be known and may be cited as "Cecil's law".
  S  2.  Section 11-1717 of the environmental conservation law, subdivi-
sion 2 as amended by section 18 of part H of chapter 58 of the  laws  of
2012, is amended to read as follows:
S 11-1717. Foreign game.
  1.  Foreign game means pheasants of all species, Scotch grouse, Norwe-
gian ptarmigan, Norwegian white grouse, European  black  game,  European
black   plover,  European  gray-legged  partridge,  European  red-legged
partridge, Egyptian quail, tinamou and species or  subspecies  of  birds
not  native  to  this  state,  and European red deer, fallow deer [and],
roebuck, AND "BIG FIVE AFRICAN SPECIES". AS USED IN  THIS  SECTION,  THE
TERM  "BIG  FIVE  AFRICAN  SPECIES" SHALL MEAN AN ORGANISM OF ANY OF THE
FOLLOWING MEMBERS OF THE ANIMAL  KINGDOM:  AFRICAN  ELEPHANT  (LOXODONTA
AFRICANA),  AFRICAN LION (PANTERA LEO), AFRICAN LEOPARD (PANTHERA PARDUS
PARDUS), THE BLACK RHINOCEROS (DICEROS BICORNIS) AND THE  WHITE RHINOCE-
ROS (CERATOTHERIUM SIMUM  COTTONI),  INCLUDING  ANY  PART,  PRODUCT,  OR
OFFSPRING  THEREOF,  OR  THE  DEAD  BODY  OR  PARTS  THEREOF  (EXCLUDING
FOSSILS), WHETHER OR NOT INCLUDED IN A MANUFACTURED PRODUCT OR IN A FOOD
PRODUCT.
  2. The carcasses, or parts thereof,  of  foreign  game  imported  from
outside the United States may be bought and sold.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09060-04-5

              

S. 4686--A                          2

  3.  A.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO OF THIS
SECTION, BIG FIVE AFRICAN SPECIES  SHALL  NOT  BE  IMPORTED,  POSSESSED,
SOLD,  OFFERED  FOR SALE, OR TRANSPORTED BY ANY INDIVIDUAL, FIRM, CORPO-
RATION, ASSOCIATION, OR PARTNERSHIP WITHIN THE STATE OF NEW YORK.
  B.  ANY  LAW  ENFORCEMENT OFFICER SHALL HAVE AUTHORITY TO ENFORCE THIS
PROHIBITION AND, WHERE NECESSARY, TO EXECUTE ANY WARRANT TO  SEARCH  FOR
AND  SEIZE  BIG  FIVE AFRICAN SPECIES IMPORTED, POSSESSED, SOLD, OFFERED
FOR SALE OR TRANSPORTED IN VIOLATION OF THIS SECTION. AS  USED  IN  THIS
PARAGRAPH, THE TERM "LAW ENFORCEMENT OFFICER" MEANS ANY OFFICER OR AGENT
AUTHORIZED  BY  THE  COMMISSIONER, OR ANY POLICE OFFICER OF THE STATE OF
NEW YORK, OR ANY POLICE OFFICER OF ANY MUNICIPALITY WITHIN THE STATE  OF
NEW  YORK,  OR ANY PORT AUTHORITY AGENT OR PORT AUTHORITY POLICE OFFICER
IN THE STATE OF NEW YORK.
  4. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL  LAW,  THE  FOLLOWING
EXCEPTIONS  AND  DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION THREE
OF THIS SECTION:
  A. THE BIG FIVE AFRICAN SPECIES WAS LOCATED OR  POSSESSED  WITHIN  THE
STATE OF NEW YORK PRIOR TO THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS
OF  TWO  THOUSAND FIFTEEN WHICH AMENDED THIS SECTION AND THE LEGAL OWNER
HAS OBTAINED A CERTIFICATE OF POSSESSION FROM THE SECRETARY OF STATE; OR
  B. THE BIG FIVE AFRICAN SPECIES IS TO BE MADE PART OF A  TEMPORARY  OR
PERMANENT  COLLECTION  OF  A  MUSEUM  CHARTERED  BY THE BOARD OF REGENTS
PURSUANT TO THE EDUCATION LAW OR TO A MUSEUM  AUTHORIZED  BY  A  SPECIAL
CHARTER FROM THE LEGISLATURE OF THIS STATE, PROVIDED THAT THE ARTICLE IS
NOT  THEREAFTER  SOLD, OFFERED FOR SALE, TRADED, BARTERED OR DISTRIBUTED
TO ANY PRIVATE PARTY; OR
  C. THE BIG FIVE AFRICAN SPECIES IS DISTRIBUTED  DIRECTLY  TO  A  LEGAL
BENEFICIARY  OF  A  TRUST  OR  TO  A LEGAL HEIR PROVIDED THE ARTICLE WAS
LOCATED OR POSSESSED BY THE DECEDENT PRIOR TO THE EFFECTIVE DATE OF  THE
CHAPTER  OF THE LAWS OF TWO THOUSAND FIFTEEN WHICH AMENDED THIS SECTION;
PROVIDED FURTHER THAT AFTER TRANSFER TO THE BENEFICIARY OR HEIR THAT THE
ARTICLE IS NOT THEREAFTER SOLD, OFFERED FOR SALE,  TRADED,  BARTERED  OR
DISTRIBUTED  TO ANY PRIVATE PARTY; PROVIDED FURTHER THAT THE BENEFICIARY
OR HEIR OBTAIN A CERTIFICATE OF POSSESSION FROM THE SECRETARY  OF  STATE
WITHIN ONE HUNDRED EIGHTY DAYS OF OBTAINING THE ARTICLE.
  S  3.  Subdivision 1 of section 71-0919 of the environmental conserva-
tion law is amended by adding a new paragraph g to read as follows:
  G. IN THE CASES PROVIDED FOR IN SECTION 11-1717 OF THIS CHAPTER:   (A)
ANY  BIG  FIVE  AFRICAN SPECIES, PROPERTY AND/OR ITEM USED IN CONNECTION
WITH A  VIOLATION  OF  THIS  SECTION  SHALL  BE  HELD  PENDING  CRIMINAL
PROCEEDINGS IN ANY COURT OF PROPER JURISDICTION.
  (B)  A DEFENDANT CONVICTED OF THIS OFFENSE SHALL BE SENTENCED PURSUANT
TO PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION 55.10 OF THE  PENAL  LAW;
PROVIDED,  HOWEVER,  THAT ANY TERM OF IMPRISONMENT IMPOSED FOR VIOLATION
OF THIS SECTION SHALL BE A DEFINITE SENTENCE, WHICH MAY NOT  EXCEED  TWO
YEARS.
  (C)  UPON  CONVICTION,  OR  UPON THE ENTRY OF A JUDGMENT RESTRAINING A
DEFENDANT FROM IMPORTING, POSSESSING, SELLING,  OFFERING  FOR  SALE,  OR
TRANSPORTING  ANY  BIG  FIVE  AFRICAN  SPECIES  ON THE GROUNDS THAT SUCH
ACTIVITY IS OR WOULD BE IN VIOLATION OF SECTION 11-1717 OF THIS CHAPTER,
ANY SEIZED PROPERTY UNDER THIS PARAGRAPH SHALL BE  FORFEITED  AND,  UPON
FORFEITURE, DESTROYED.
  S 4. This act shall take effect immediately.