NY State Senate Bill 2017-S9157A

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 03, 2018	print number 9157a
Oct 03, 2018	amend (t) and recommit to rules
Aug 29, 2018	referred to rules

Bill Amendments

Original

A (Active)

co-Sponsors

2017-S9157 - Details

See Assembly Version of this Bill:: A11318
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S711

2017-S9157 - Summary

Prohibits the process, sale, offer for sale, purchase, trade, barter, distribution or possession of any part or product of the skin or body of a Giraffe.

2017-S9157 - Sponsor Memo

                                
 
BILL NUMBER: S9157

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the transportation, sale and possession of any part of prod-
uct of a Giraffe

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will make it illegal to import, export, transport,
process, sell, offer for sale, purchase, trade, barter, distribute or
possess any part of product of the skin or body of a Giraffe.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates a new section.

1. Makes it illegal to sell, purchase, trade, barter, distribute or
possess any part of product of the skin or body of a Giraffe.

2. Exceptions: a. possession prior to effective date. b. item to be made
part of a permanent collection of a museum. c. distributed directly to a
beneficiary trust or legal heir.

3. Authority to execute a warrant to search for and seize any parts or
products in violation of this section.

Section 2. Amends the section 71-0919 of the environmental conservation
law.

f. forfeiture and confiscation of property. g. requires the products to
be held in criminal proceedings. Convictions may not exceed 2 years.
Upon conviction defendant cannot import, possess, sell, offer for sale
or transport giraffe parts or products and any property seized shall be
destroyed.

Section 3. Effective Date.

 
JUSTIFICATION:

The Humane Society of the United States has released results of an
undercover investigation which found 52 locations in the U.S. where
giraffe trophy parts are being sold. Products such as boots from giraffe
leather, specialty knives, hide pillows, rugs, giraffe bones and skulls
are being sold across the U.S. indicating this this country is providing
a significant market for trade in giraffe parts.  There is already a
deep decline in the giraffe population caused by the encroachment of
their habitat in Africa. Illegal trophy hunting of giraffes is fueled by
markets for giraffe parts in the U.S. and is contributing to the decline
of the giraffe population.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2017-S9157 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9157
 
                             I N  S E N A T E
 
                              August 29, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   prohibiting  the  transportation,  sale  and possession of any part of
   product of a Giraffe
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 5 of article 11 of the environmental conservation law
 is amended by adding a new section 11-0535-b to read as follows:
 § 11-0535-B. GIRAFFES; PROHIBITED ACTS.
   1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO INDIVIDUAL, FIRM,
 CORPORATION, ASSOCIATION OR PARTNERSHIP SHALL IMPORT, EXPORT, TRANSPORT,
 PROCESS, SELL, OFFER FOR SALE, PURCHASE, TRADE,  BARTER,  DISTRIBUTE  OR
 POSSESS  ANY  PART  OF PRODUCT OF THE SKIN OR BODY OF A GIRAFFE (GIRAFFA
 CAMELOPARDALIS).
   2. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL  LAW,  THE  FOLLOWING
 EXCEPTIONS  AND DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE OF
 THIS SECTION:
   A. THE PART OR PRODUCT WAS LOCATED OR POSSESSED WITHIN  THE  STATE  OF
 NEW YORK PRIOR TO THE EFFECTIVE DATE OF THIS SECTION;
   B.  THE PART OR PRODUCT 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 PART OR PRODUCT 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;
 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.
   3.  ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER, OR ANY POLICE
 OFFICER OF THE STATE OF NEW YORK, OR ANY POLICE OFFICER OF  ANY  MUNICI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16508-01-8

 S. 9157                             2
 
 PALITY WITHIN THE STATE OF NEW YORK, SHALL HAVE AUTHORITY TO EXECUTE ANY
 WARRANT  TO  SEARCH  FOR AND SEIZE ANY PARTS OR PRODUCTS IN VIOLATION OF
 THIS SECTION, AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION,  OR  ANY
 PROPERTY  OR  ITEM  USED IN CONNECTION WITH A VIOLATION OF THIS SECTION;
 SUCH PARTS OR PRODUCTS SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF
 PROPER JURISDICTION. UPON CONVICTION, OR UPON THE ENTRY  OF  A  JUDGMENT
 RESTRAINING  THE  IMPORT,  EXPORT,  TRANSPORT,  PROCESS, SALE, OFFER FOR
 SALE, PURCHASE, TRADE, BARTER, DISTRIBUTION OR POSSESSION  OF  ANY  SUCH
 PART  OR  PRODUCT  ON  THE  GROUND  THAT  SUCH  PARTS OR PRODUCTS ARE IN
 VIOLATION OF THIS SECTION, SUCH PARTS OR  PRODUCTS  SHALL  BE  FORFEITED
 AND,  UPON  FORFEITURE,  EITHER  OFFERED TO A RECOGNIZED INSTITUTION FOR
 SCIENTIFIC OR EDUCATIONAL PURPOSES, OR OR DESTROYED.
   § 2. Paragraph f of subdivision 1 of section 71-0919 of  the  environ-
 mental  conservation law, as amended by chapter 640 of the laws of 1977,
 is amended and a new paragraph g is added to read as follows:
   f. In the cases provided in section 71-0909, is liable  to  forfeiture
 and confiscation of property involved in such violations, as provided in
 that section[.]; AND
   G. IN THE CASES PROVIDED IN SECTION 11-0535-B OF THIS CHAPTER:
   (I)  ANY PART OR PRODUCT SHALL BE HELD PENDING CRIMINAL PROCEEDINGS IN
 ANY COURT OR PROPER JURISDICTION.
   (II) A DEFENDANT CONVICTED OF SUCH SECTION 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 SUCH SECTION SHALL BE DEFINITE SENTENCE, WHICH  MAY  NOT  EXCEED  TWO
 YEARS.
   (III)  UPON  CONVICTION, OR UPON THE ENTRY OF A JUDGMENT RESTRAINING A
 DEFENDANT FROM IMPORTING, POSSESSING, SELLING,  OFFERING  FOR  SALE,  OR
 TRANSPORTING  A PART OR PRODUCT OF A GIRAFFE (GIRAFFA CAMELOPARDALIS) ON
 THE GROUNDS THAT SUCH ACTIVITY IS OR WOULD BE IN  VIOLATION  OF  SECTION
 11-0535-B  OF  THIS  CHAPTER,  ANY  SEIZED PROPERTY UNDER THIS PARAGRAPH
 SHALL BE FORFEITED AND, UPON FORFEITURE, DESTROYED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

co-Sponsors

2017-S9157A (ACTIVE) - Details

See Assembly Version of this Bill:: A11318
Current Committee:: Senate Rules
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in 2019-2020 Legislative Session:: S711

2017-S9157A (ACTIVE) - Summary

Prohibits the process, sale, offer for sale, purchase, trade, barter, distribution or possession of any part or product of the skin or body of a Giraffe.

2017-S9157A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9157A

SPONSOR: BOYLE
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
prohibiting the sale and possession of any part or product of a Giraffe

 
PURPOSE OR GENERAL IDEA OF BILL:

This legislation will make it illegal to process, sell, offer for sale,
purchase, trade, barter. Distribute or possess any part or product of
the skin or body of a Giraffe.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1. Creates a new section.

1. Makes it illegal to process, sell, offer for sale, purchase, trade,
barter. Distribute or possess any part or product of the skin or body of
a Giraffe.

2. Exceptions: a. possession prior to effective date. b. item to be made
part of a permanent collection of a museum. c. used for law enforcement
activities. d. distributed directly to a beneficiary trust or legal
heir.

3. Authority to execute a warrant to search for and seize any parts or
products in violation of this section.

Section 2. Amends the section 71-0919 of the environmental conservation
law.

f. forfeiture and confiscation of property. g. requires the products to
be held in criminal proceedings. Convictions may not exceed 2 years.
Upon conviction defendant cannot import, possess, sell, offer for sale
or transport giraffe parts or products and any property seized shall be
destroyed.

Section 3. Effective Date.

 
JUSTIFICATION:

The Humane Society of the United States has released results of an
undercover investigation which found 52 locations in the U.S. where
giraffe trophy parts are being sold. Products such as boots from giraffe
leather, specialty knives, hide pillows, rugs, giraffe bones and skulls
are being sold across the U.S. indicating this this country is providing
a significant market for trade in giraffe parts. There is already a deep
decline in the giraffe population caused by the encroachment of their
habitat in Africa. Illegal trophy hunting of giraffes is fueled by
markets for giraffe parts in the U.S. and is contributing to the decline
of the giraffe population.

 
PRIOR LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:
None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the addition, amendment
and/or repeal of any rule or regulation necessary for the implementation
of this act on its effective date are authorized to be made and
completed on or before such effective date.

2017-S9157A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9157--A
 
                             I N  S E N A T E
 
                              August 29, 2018
                                ___________
 
 Introduced  by  Sens. BOYLE, HANNON, SEPULVEDA -- read twice and ordered
   printed, and when printed to be 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
   prohibiting the sale and possession  of  any  part  or  product  of  a
   Giraffe

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Title 5 of article 11 of the environmental conservation law
 is amended by adding a new section 11-0535-b to read as follows:
 § 11-0535-B. GIRAFFES; PROHIBITED ACTS.
   1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW,  NO  INDIVIDUAL,  FIRM,
 CORPORATION,  ASSOCIATION  OR PARTNERSHIP SHALL PROCESS, SELL, OFFER FOR
 SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE OR POSSESS ANY PART OR PRODUCT
 OF THE SKIN OR BODY OF A GIRAFFE (GIRAFFA CAMELOPARDALIS).
   2. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL  LAW,  THE  FOLLOWING
 EXCEPTIONS  AND DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE OF
 THIS SECTION:
   A. THE PART OR PRODUCT WAS POSSESSED WITHIN  THE  STATE  OF  NEW  YORK
 PRIOR  TO  THE EFFECTIVE DATE OF THIS SECTION, PROVIDED HOWEVER THE PART
 OR PRODUCT MAY  NOT  THEREAFTER  BE  SOLD,  OFFERED  FOR  SALE,  TRADED,
 BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY;
   B.  THE PART OR PRODUCT 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, OR FOR SCIENTIFIC RESEARCH BY A RECOGNIZED
 INSTITUTION, PROVIDED THAT THE PART OR PRODUCT IS NOT  THEREAFTER  SOLD,
 OFFERED FOR SALE, TRADED, BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY;
   C. THE PART OR PRODUCT IS TO BE USED FOR LAW ENFORCEMENT ACTIVITIES;
   D.  THE PART OR PRODUCT IS DISTRIBUTED DIRECTLY TO A LEGAL BENEFICIARY
 OF A TRUST OR TO A LEGAL HEIR PROVIDED THE PART OR PRODUCT  WAS  LOCATED
 OR  POSSESSED  BY  THE  DECEDENT  PRIOR  TO  THE  EFFECTIVE DATE OF THIS
 SECTION; PROVIDED FURTHER THAT AFTER TRANSFER TO THE BENEFICIARY OR HEIR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16508-03-8

 S. 9157--A                          2
 
 THAT THE PART OR PRODUCT IS NOT THEREAFTER SOLD, OFFERED FOR SALE, TRAD-
 ED, BARTERED OR DISTRIBUTED TO ANY PRIVATE PARTY; OR
   E. ANY OTHER ACTIVITY CONCERNING THE PART OR PRODUCT THAT IS EXPRESSLY
 AUTHORIZED BY FEDERAL LAW.
   3.  ANY OFFICER OR AGENT AUTHORIZED BY THE COMMISSIONER, OR ANY POLICE
 OFFICER OF THE STATE OF NEW YORK, OR ANY POLICE OFFICER OF  ANY  MUNICI-
 PALITY WITHIN THE STATE OF NEW YORK, SHALL HAVE AUTHORITY TO EXECUTE ANY
 WARRANT  TO  SEARCH  FOR AND SEIZE ANY PARTS OR PRODUCTS IN VIOLATION OF
 THIS SECTION, AS DEFINED IN SUBDIVISION ONE  OF  THIS  SECTION,  OR  ANY
 PROPERTY  OR  ITEM  USED IN CONNECTION WITH A VIOLATION OF THIS SECTION;
 SUCH PARTS OR PRODUCTS SHALL BE HELD PENDING PROCEEDINGS IN ANY COURT OF
 PROPER JURISDICTION. UPON CONVICTION, OR UPON THE ENTRY  OF  A  JUDGMENT
 RESTRAINING  THE PROCESS, SALE, OFFER FOR SALE, PURCHASE, TRADE, BARTER,
 DISTRIBUTION OR POSSESSION OF ANY SUCH PART OR  PRODUCT  ON  THE  GROUND
 THAT SUCH PARTS OR PRODUCTS ARE IN VIOLATION OF THIS SECTION, SUCH PARTS
 OR PRODUCTS SHALL BE FORFEITED AND, UPON FORFEITURE, EITHER OFFERED TO A
 RECOGNIZED  INSTITUTION  FOR  SCIENTIFIC  OR  EDUCATIONAL  PURPOSES,  OR
 DESTROYED.
   § 2. Paragraph f of subdivision 1 of section 71-0919 of  the  environ-
 mental  conservation law, as amended by chapter 640 of the laws of 1977,
 is amended and a new paragraph g is added to read as follows:
   f. In the cases provided in section 71-0909 OF THIS TITLE,  is  liable
 to  forfeiture and confiscation of property involved in such violations,
 as provided in that section[.]; AND
   G. IN THE CASES PROVIDED IN SECTION 11-0535-B OF THIS CHAPTER:
   (I) ANY PART OR PRODUCT SHALL BE HELD PENDING CRIMINAL PROCEEDINGS  IN
 ANY COURT OF PROPER JURISDICTION.
   (II) A DEFENDANT CONVICTED OF SUCH SECTION 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  SUCH  SECTION  SHALL  BE DEFINITE SENTENCE, WHICH MAY NOT EXCEED TWO
 YEARS.
   (III) UPON CONVICTION, OR UPON THE ENTRY OF A JUDGMENT  RESTRAINING  A
 DEFENDANT FROM POSSESSING, SELLING, OR OFFERING FOR SALE A PART OR PROD-
 UCT  OF  A  GIRAFFE  (GIRAFFA  CAMELOPARDALIS)  ON THE GROUNDS THAT SUCH
 ACTIVITY IS OR WOULD BE IN VIOLATION OF SECTION 11-0535-B OF THIS  CHAP-
 TER,  ANY  SEIZED  PROPERTY UNDER THIS PARAGRAPH SHALL BE FORFEITED AND,
 UPON FORFEITURE, DESTROYED.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.

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Senate Bill S9157A

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

2017-S9157 - Details

2017-S9157 - Summary

2017-S9157 - Sponsor Memo

2017-S9157 - Bill Text download pdf

co-Sponsors

2017-S9157A (ACTIVE) - Details

2017-S9157A (ACTIVE) - Summary

2017-S9157A (ACTIVE) - Sponsor Memo

2017-S9157A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

Actions

Bill Amendments

co-Sponsors

Kemp Hannon

Luis R. Sepúlveda

2017-S9157 - Details

2017-S9157 - Summary

2017-S9157 - Sponsor Memo

2017-S9157 - Bill Text download pdf

co-Sponsors

Kemp Hannon

Luis R. Sepúlveda

2017-S9157A (ACTIVE) - Details

2017-S9157A (ACTIVE) - Summary

2017-S9157A (ACTIVE) - Sponsor Memo

2017-S9157A (ACTIVE) - Bill Text download pdf

Comments