NY State Assembly Bill 2017-A4010B

Assembly Bill A4010B

2017-2018 Legislative Session

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 30, 2018	enacting clause stricken
Mar 15, 2018	print number 4010b
Mar 15, 2018	amend (t) and recommit to environmental conservation
Jan 29, 2018	print number 4010a
Jan 29, 2018	amend (t) and recommit to environmental conservation
Jan 03, 2018	referred to environmental conservation
Jan 30, 2017	referred to environmental conservation

Bill Amendments

Original

B (Active)

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A4010 - Details

See Senate Version of this Bill:: S1883
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10287, S4686
2019-2020: A7556, S4325
2021-2022: A716, S2814
2023-2024: A584, S3302

2017-A4010 - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-A4010 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4010
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA  --  read once and referred to the
   Committee on Environmental Conservation
 
 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".
   § 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:
 § 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.

                                                            LBD01045-01-7

 A. 4010                             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 SEVENTEEN 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  SEVENTEEN  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 SECRE-
 TARY OF STATE WITHIN ONE HUNDRED EIGHTY DAYS OF OBTAINING THE ARTICLE.
   § 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.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

multi-Sponsors

2017-A4010A - Details

See Senate Version of this Bill:: S1883
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10287, S4686
2019-2020: A7556, S4325
2021-2022: A716, S2814
2023-2024: A584, S3302

2017-A4010A - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-A4010A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4010--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA,  THIELE,  CARROLL, GALEF, D'URSO,
   ZEBROWSKI, ORTIZ, VANEL, TITONE, GOTTFRIED, BLAKE, McDONOUGH, LUPARDO,
   HARRIS, O'DONNELL, COLTON -- Multi-Sponsored by -- M. of  A.  HYNDMAN,
   WRIGHT  --  read  once  and referred to the Committee on Environmental
   Conservation -- recommitted to the Committee on Environmental  Conser-
   vation  in  accordance  with  Assembly  Rule  3,  sec.  2 -- 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 the "African Big Five Act" 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  the  "African
 Big Five Act".
   §  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:
 § 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.
                                                            LBD01045-05-8

 A. 4010--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 EIGHTEEN 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 EIGHTEEN 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.
   § 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.
   § 4. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2017-A4010B (ACTIVE) - Details

See Senate Version of this Bill:: S1883
Law Section:: Environmental Conservation Law
Laws Affected:: Add Art 11 Title 5 §11-0535-b, amd §71-0919, En Con L
Versions Introduced in Other Legislative Sessions:: 2015-2016: A10287, S4686
2019-2020: A7556, S4325
2021-2022: A716, S2814
2023-2024: A584, S3302

2017-A4010B (ACTIVE) - Summary

Enacts the "Big Five African Trophies Act" relating to banning the importation, transportation and possession of certain African wildlife species and products.

2017-A4010B (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4010--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by  M.  of  A.  SEPULVEDA,  THIELE,  CARROLL, GALEF, D'URSO,
   ZEBROWSKI, ORTIZ, VANEL, TITONE, GOTTFRIED, BLAKE, McDONOUGH, LUPARDO,
   HARRIS, O'DONNELL, COLTON -- Multi-Sponsored by -- M. of  A.  HYNDMAN,
   WRIGHT  --  read  once  and referred to the Committee on Environmental
   Conservation -- recommitted to the Committee on Environmental  Conser-
   vation  in  accordance  with  Assembly  Rule  3,  sec.  2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   enacting the "Big Five African Trophies Act" 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 the "Big Five
 African Trophies Act".
   § 2. 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. BIG FIVE AFRICAN TROPHIES ACT.
   1.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, NO INDIVIDUAL, FIRM,
 CORPORATION, ASSOCIATION, OR PARTNERSHIP SHALL  IMPORT,  EXPORT,  TRANS-
 PORT, PROCESS, SELL, OFFER FOR SALE, PURCHASE, TRADE, BARTER, DISTRIBUTE
 OR POSSESS ANY PART OR PRODUCT OF THE SKIN OR BODY, WHETHER RAW OR MANU-
 FACTURED,  OF  THE FOLLOWING ANIMAL SPECIES: AFRICAN ELEPHANT (LOXODONTA
 AFRICANA); AFRICAN LEOPARD (PANTHERA  PARDUS);  AFRICAN  LION  (PANTHERA
 LEO);  BLACK  RHINOCEROS (DICEROS BICORNIS); AND WHITE RHINOCEROS (CERA-
 TOTHERIUM SIMUM).
   2. UNLESS SUCH ACTIVITY IS PROHIBITED BY FEDERAL LAW, PARAGRAPH  E  OF
 SUBDIVISION SIX OF SECTION 11-0103 OF THIS ARTICLE, OR SECTIONS 11-0512,
 11-0535-A,  OR  11-0536  OF  THIS  TITLE,  THE  FOLLOWING EXCEPTIONS AND
 DEFENSES APPLY TO THE PROHIBITIONS OF SUBDIVISION ONE OF THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01045-08-8

 A. 4010--B                          2
 
   A. THE PART OR PRODUCT WAS LOCATED OR POSSESSED WITHIN  THE  STATE  OF
 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;
   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; 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.
   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  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 DESTROYED.
   § 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 11-0535-B 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 CRIMI-
 NAL 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 11-0535-B OF THIS  CHAP-
 TER,  ANY  SEIZED  PROPERTY UNDER THIS PARAGRAPH SHALL BE FORFEITED AND,
 UPON FORFEITURE, DESTROYED.
   § 4. This act shall take effect one year after it shall have become  a
 law.

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Assembly Bill A4010B

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Sponsored By

SEPULVEDA

Archive: Last Bill Status - Stricken

Bill Amendments

co-Sponsors

Fred Thiele

Robert C. Carroll

Sandy Galef

Anthony D'Urso

multi-Sponsors

Alicia Hyndman

Tremaine Wright

2017-A4010 - Details

2017-A4010 - Summary

2017-A4010 - Bill Text download pdf

co-Sponsors

Fred Thiele

Robert C. Carroll

Sandy Galef

Anthony D'Urso

multi-Sponsors

Alicia Hyndman

Tremaine Wright

2017-A4010A - Details

2017-A4010A - Summary

2017-A4010A - Bill Text download pdf

co-Sponsors

Fred Thiele

Robert C. Carroll

Sandy Galef

Anthony D'Urso

2017-A4010B (ACTIVE) - Details

2017-A4010B (ACTIVE) - Summary

2017-A4010B (ACTIVE) - Bill Text download pdf

Comments