NY State Senate Bill S4686A

senate Bill S4686A

2015-2016 Legislative Session

Enacts "Cecil's law" relating to banning the importation, transportation and possession of certain African wildlife species and products

download bill text pdf

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

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to environmental conservation
Aug 07, 2015	print number 4686a
Aug 07, 2015	amend (t) and recommit to rules
Jun 25, 2015	recommitted to rules
Jun 17, 2015	vote reconsidered - restored to third reading returned to senate recalled from assembly referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1708 committee discharged and committed to rules
Apr 07, 2015	referred to environmental conservation

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S4686 - Details

See Assembly Version of this Bill:: A10287
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-1717 & 71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1883, A4010
2019-2020: S4325, A7556

S4686 - Summary

Enacts "Cecil's law" relating to banning the importation, transportation and possession of certain African wildlife species and products.

S4686 - Sponsor Memo

BILL NUMBER:S4686

TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
foreign game

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill amend section 11-1717 of the environmental
conservation law, subdivision 2 as amended by section 18 of part H of
chapter 58 of the laws of 2012 by including in the definition of
"foreign game" the "big five African species" and adding new
provisions which specifically prohibits the import, possession, sale
or transportation of any of the "big five African species" and give
any law enforcement officer authority to enforce this prohibition and
where necessary authority to execute any warrant to search for and
seize "big five African species" that have been imported, possessed,
sold, offered for sale or transported in violation of this section.

Section 1 also includes the following exemptions and defenses to these
prohibitions, unless such activity is prohibited by federal law: a.
the "big five African species" was located or possessed within New
York prior to the effective date of 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 a museum authorized by a special
charter from the legislature, 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 this section and 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 and
that the beneficiary or heir obtain a certificate of possession from
the secretary of state within 180 days of obtaining the article.

Section 2 of the bill amends subdivision 1 o section 71-0919 of the
environmental conservation law by adding a new paragraph g stating "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 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, 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.

Section 3 sets forth an immediate effective date.


JUSTIFICATION:

The continued importation, possession, sale and/or transportation of
the so-called "Big Five African Species"-lions, leopards, elephants,
black rhinos and white rhinos-is detrimental to the survival of these
species. All of the Big Five African Species are threatened with
extinction if the current rate of illegal poaching continues.
Additionally, some African countries are considering (or have already)
legalizing sport-hunting and exportation of Big Five African Species.
Such countries have based the legalization on the faulty logic that
legalizing hunting of Big Five African Species will decrease the
illegal poaching and trade of these animals. Such logic is not only
erroneous, but also detrimental to the survival of the Big Five
African Species.

There is growing scientific evidence that legal trade of trophy-hunted
species preserves and reinforces the illegal sourcing of the same.
For example, South Africa, home to the second largest black rhino
population in the world, received permission by the Convention on
International Trade in Endangered Species of Wild Fauna and Flora to
sell permits for trophy-hunted rhinos in 2004. Many of these hunts are
purchased by Americans, and the trophies are import into or through
the state of New York. The country has since seen a marked rise in
illegal rhino poaching, with the World Wildlife Fund reporting that
rhino poaching has increased 5,000% since 2007.

Accordingly, by banning the importation, possession, sale and
transportation of all Big Five African Species within New York, the
State will not be encouraging or abetting the continued demise of
these species by sport-hunting. Only a complete ban can stem the tide
of illegal trafficking caused by the legalization of hunting and
capture of the Big Five African Species in some African countries.

PRIOR LEGISLATIVE HISTORY:

This is a new bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

S4686 - Bill Text download pdf

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

                                  4686

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              April 7, 2015
                               ___________

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
  foreign game

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

  Section 1. Section 11-1717  of  the  environmental  conservation  law,
subdivision  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.
  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09060-03-5

S. 4686                             2

  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  2.  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 3. This act shall take effect immediately.

Co-Sponsors

S4686A (ACTIVE) - Details

See Assembly Version of this Bill:: A10287
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§11-1717 & 71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S1883, A4010
2019-2020: S4325, A7556

S4686A (ACTIVE) - Summary

Enacts "Cecil's law" relating to banning the importation, transportation and possession of certain African wildlife species and products.

S4686A (ACTIVE) - Sponsor Memo

BILL NUMBER:S4686A

TITLE OF BILL:  An act to amend the environmental conservation law, in
relation to enacting "Cecil's law" relating to foreign game

PURPOSE OR GENERAL IDEA OF BILL:  An act to amend the environmental
conservation law, in relation to foreign game

SUMMARY OF PROVISIONS:

Section 1 of the bill amend section 11-1717 of the environmental
conservation law, subdivision 2 as amended by section 18 of part H of
chapter 58 of the laws of 2012 by including in the definition of
"foreign game" the "big five African species" and adding new
provisions which specifically prohibits the import, possession, sale
or transportation of any of the "big five African species" and give
any law enforcement officer authority to enforce this prohibition and
where necessary authority to execute any warrant to search for and
seize "big five African species" that have been imported, possessed,
sold, offered for sale or transported in violation of this section.

Section 1 also includes the following exemptions and defenses to these
prohibitions, unless such activity is prohibited by federal law: a.
the "big five African species" was located or possessed within New
York prior to the effective date of 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 a museum authorized by a special
charter from the legislature, 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 this section and 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 and
that the beneficiary or heir obtain a certificate of possession from
the secretary of state within 180 days of obtaining the article.

Section 2 of the bill amends subdivision 1 o section 71-0919 of the
environmental conservation law by adding a new paragraph g stating "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 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, 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.

Section 3 sets forth an immediate effective date.


JUSTIFICATION:  The continued importation, possession, sale and/or
transportation of the so-called "Big Five African Species"-lions,
leopards, elephants, black rhinos and white rhinos-is detrimental to
the survival of these species. All of the Big Five African Species are
threatened with extinction if the current rate of illegal poaching
continues.  Additionally, some African countries are considering (or
have already) legalizing sport- hunting and exportation of Big Five
African Species. Such countries have based the legalization on the
faulty logic that legalizing hunting of Big Five African Species will
decrease the illegal poaching and trade of these animals. Such logic
is not only erroneous, but also detrimental to the survival of the Big
Five African Species.

There is growing scientific evidence that legal trade of trophy-hunted
species preserves and reinforces the illegal sourcing of the same.
For example, South Africa, home to the second largest black rhino
population in the world, received permission by the Convention on
International Trade in Endangered Species of Wild Fauna and Flora to
sell permits for trophy-hunted rhinos in 2004. Many of these hunts are
purchased by Americans, and the trophies are import into or through
the state of New York, The country has since seen a marked rise in
illegal rhino poaching, with the World Wildlife Fund reporting that
rhino poaching has increased 5,000% since 2007.

Accordingly, by banning the importation, possession, sale and
transportation of all Big Five African Species within New York, the
State will not be encouraging or abetting the continued demise of
these species by sport-hunting. Only a complete ban can stem the tide
of illegal trafficking caused by the legalization of hunting and
capture of the Big Five African Species in some African countries.

PRIOR LEGISLATIVE HISTORY:  This is a new bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE:  This act shall take effect immediately.

S4686A (ACTIVE) - Bill Text download pdf

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

                                 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.

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The New York State Senate

senate Bill S4686A

Sponsored By

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

Your Voice

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Votes

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 17, 2015 - Rules committee Vote

Committee Vote: Jun 17, 2015

Bill Amendments

Co-Sponsors

S4686 - Details

S4686 - Summary

S4686 - Sponsor Memo

S4686 - Bill Text download pdf

Co-Sponsors

S4686A (ACTIVE) - Details

S4686A (ACTIVE) - Summary

S4686A (ACTIVE) - Sponsor Memo

S4686A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4686A

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Sponsored By

Tony Avella

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

Your Voice

Actions

Votes

Jun 17, 2015 - floor Vote

Floor Vote: Jun 17, 2015

Jun 17, 2015 - Rules committee Vote

Committee Vote: Jun 17, 2015

Bill Amendments

Co-Sponsors

George Latimer

S4686 - Details

S4686 - Summary

S4686 - Sponsor Memo

S4686 - Bill Text download pdf

Co-Sponsors

Phil Boyle

Jesse Hamilton

George Latimer

S4686A (ACTIVE) - Details

S4686A (ACTIVE) - Summary

S4686A (ACTIVE) - Sponsor Memo

S4686A (ACTIVE) - Bill Text download pdf

Comments