Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
May 10, 2022 |
referred to environmental conservation delivered to assembly passed senate |
May 05, 2022 |
advanced to third reading |
May 04, 2022 |
2nd report cal. |
May 03, 2022 |
1st report cal.1036 |
Jan 05, 2022 |
referred to environmental conservation returned to senate died in assembly |
May 20, 2021 |
referred to environmental conservation delivered to assembly passed senate |
May 12, 2021 |
advanced to third reading |
May 11, 2021 |
2nd report cal. |
May 10, 2021 |
1st report cal.975 |
Jan 25, 2021 |
referred to environmental conservation |
Senate Bill S2814
2021-2022 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 pdfSponsored By
(D) 32nd Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 11, 2022
aye (52)- Addabbo Jr.
- Bailey
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
excused (1)
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Floor Vote: May 10, 2022
aye (52)- Addabbo Jr.
- Bailey
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Cleare
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
excused (1)
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-
-
Floor Vote: May 20, 2021
aye (53)- Addabbo Jr.
- Bailey
- Benjamin
- Biaggi
- Boyle
- Breslin
- Brisport
- Brooks
- Brouk
- Comrie
- Cooney
- Felder
- Gaughran
- Gianaris
- Gounardes
- Harckham
- Helming
- Hinchey
- Hoylman-Sigal
- Jackson
- Jordan
- Kaminsky
- Kaplan
- Kavanagh
- Kennedy
- Krueger
- Lanza
- Liu
- Mannion
- Martucci
- Mattera
- May
- Mayer
- Myrie
- Palumbo
- Parker
- Persaud
- Ramos
- Reichlin-Melnick
- Rivera
- Ryan
- Salazar
- Sanders Jr.
- Savino
- Sepúlveda
- Serino
- Serrano
- Skoufis
- Stavisky
- Stewart-Cousins
- Tedisco
- Thomas
- Weik
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May 3, 2022 - Environmental Conservation Committee Vote
S28149Aye2Nay0Aye with Reservations0Absent0Excused0Abstained -
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co-Sponsors
(D, WF) 29th Senate District
2021-S2814 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A716
- Current Committee:
- Assembly Environmental Conservation
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Add Art 11 Title 5 §11-0535-d, amd §71-0919, En Con L
- Versions Introduced in Other Legislative Sessions:
-
2015-2016:
S4686, A10287
2017-2018: S1883, A4010
2019-2020: S4325, A7556
2023-2024: S3302, A584
2021-S2814 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2814 SPONSOR: SEPULVEDA TITLE OF BILL: An act to amend the environmental conservation law, in relation to enacting the "Big Five African Trophies Act" relating to foreign game PURPOSE OR GENERAL IDEA OF THE BILL: 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 conser- vation 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 specif- ically 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 trans- ported 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: 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 char- ter 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 specie s 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, white rhinos and giraffes-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 Afri- can 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 Amer- icans, and the trophies are import into or through the state of New York, The country has since seen a marked rise in illegal rhino poach- ing, with the World Wildlife Fund reporting that rhino poaching has increased 5,000% since 2007. Accordingly, by banning the importation, possession, sale and transpor- tation 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 traf- ficking caused by the legalization of hunting and capture of the Big Five African Species in some African countries. LEGISLATIVE HISTORY: S.4686-A (Avella) of 2016/A.10287 (Sepolveda) of 2016 - Passed the Senate S.1833-B (Avella) of 2017-18 - Referred to Environmental Conservation S.4325-A of 2019 - Passed the Senate S.4325-A of 2020 - Referred to Environmental Conservation FISCAL IMPLICATIONS: None. EFFECTIVE DATE: This act shall take effect immediately after it shall have become a law.
2021-S2814 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2814 2021-2022 Regular Sessions I N S E N A T E January 25, 2021 ___________ Introduced by Sens. SEPULVEDA, SERRANO -- read twice and ordered print- ed, and when printed to be committed to the Committee on Environmental Conservation 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-d to read as follows: § 11-0535-D. 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); WHITE RHINOCEROS (CERATOTHER- IUM SIMUM); AND AFRICAN GIRAFFE (GIRAFFA CAMELOPARDALIS). 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: 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 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD00556-01-1 S. 2814 2 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 h to read as follows: H. IN THE CASES PROVIDED FOR IN SECTION 11-0535-D OF THIS CHAPTER: (1) 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. (2) 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. (3) 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-D 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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