Bill Text: NY A08824 | 2013-2014 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Prohibits the sale, purchase, trade, barter and distribution of certain ivory articles and rhinoceros horns.

Spectrum: Moderate Partisan Bill (Democrat 57-9)

Status: (Engrossed - Dead) 2014-06-11 - REFERRED TO ENVIRONMENTAL CONSERVATION [A08824 Detail]

Download: New_York-2013-A08824-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8824
                                 I N  A S S E M B L Y
                                   February 19, 2014
                                      ___________
       Introduced  by  M.  of  A. SWEENEY, WEISENBERG, LIFTON, O'DONNELL, STEC,
         GUNTHER, JAFFEE, KAVANAGH, SCHIMEL, TITONE, FAHY, ROZIC,  OTIS,  GOTT-
         FRIED,  COOK, ENGLEBRIGHT, DINOWITZ, MILLMAN, CAHILL, ROBINSON, ROSEN-
         THAL, BROOK-KRASNY, BRAUNSTEIN, CORWIN -- Multi-Sponsored by -- M.  of
         A.  BRENNAN, GLICK, HENNESSEY, LUPARDO, SCARBOROUGH, SKARTADOS -- read
         once and referred to the Committee on Environmental Conservation
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         prohibiting  the  purchase  and sale of ivory articles and to increase
         the penalties for the illegal commercialization  of  fish,  shellfish,
         crustacea and wildlife, including ivory articles
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The environmental conservation law is amended by  adding  a
    2  new section 11-0535-a to read as follows:
    3  S 11-0535-A. ILLEGAL IVORY ARTICLES.
    4    1.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  TWO  OF SECTION
    5  11-0535 OF THIS TITLE, WHICH AUTHORIZES THE DEPARTMENT TO ISSUE  CERTAIN
    6  LICENSES  OR  PERMITS,  NO  PERSON SHALL SELL, OFFER FOR SALE, PURCHASE,
    7  TRADE, BARTER, OR DISTRIBUTE OTHER THAN TO A LEGAL BENEFICIARY, AN IVORY
    8  ARTICLE.
    9    A. "IVORY ARTICLE" MEANS ANY ITEM CONTAINING:
   10    (I) WORKED OR RAW IVORY FROM ANY SPECIES OF ELEPHANT OR MAMMOTH; OR
   11    (II) ANY ANIMAL PART CONTAINING IVORY  INCLUDED  BY  THE  COMMISSIONER
   12  PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   13    B.  "WORKED  IVORY"  MEANS ANY ELEPHANT OR MAMMOTH TUSK, AND ANY PIECE
   14  THEREOF, WHICH IS NOT RAW IVORY.
   15    C. "RAW IVORY" MEANS ANY ELEPHANT  OR  MAMMOTH  TUSK,  AND  ANY  PIECE
   16  THEREOF,  THE SURFACE OF WHICH, POLISHED, OR UNPOLISHED, IS UNALTERED OR
   17  MINIMALLY CARVED.
   18    2. THE COMMISSIONER MAY ADOPT  RULES  AND  REGULATIONS  EXPANDING  THE
   19  DEFINITION OF "IVORY ARTICLE" TO INCLUDE ANY OTHER ANIMAL PARTS CONTAIN-
   20  ING IVORY PROVIDED THAT SUCH PARTS ARE FROM ANIMALS CLASSIFIED AS ENDAN-
   21  GERED OR THREATENED AND PROVIDED THAT THE COMMISSIONER HAS HELD AT LEAST
   22  ONE PUBLIC HEARING PRIOR TO THE ADOPTION OF SUCH RULES AND REGULATIONS.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14095-01-4
       A. 8824                             2
    1    S  2.  Section 71-0924 of the environmental conservation law, as added
    2  by chapter 69 of the laws of 1988, subdivision 4 as amended  by  chapter
    3  417 of the laws of 1996, is amended to read as follows:
    4  S  71-0924.  Illegal  commercialization of fish, shellfish, crustaceans,
    5               and wildlife.
    6    Notwithstanding any other provision of this chapter, when a  violation
    7  involves  the  sale,  trade  or  barter of fish, shellfish, crustaceans,
    8  wildlife, or parts thereof, the  sale,  trade  or  barter  of  which  is
    9  prohibited by the fish and wildlife law, the following additional penal-
   10  ties shall be imposed:
   11    1. where the value of fish, shellfish, crustaceans, wildlife, or parts
   12  thereof,  is  two  hundred fifty dollars or less, the offense shall be a
   13  violation punishable by a fine of five hundred dollars and/or  not  more
   14  than fifteen days of imprisonment;
   15    2. where the value of fish, shellfish, crustaceans, wildlife, or parts
   16  thereof, is  more than two hundred fifty dollars but does not exceed one
   17  thousand  five  hundred  dollars,  the  offense  shall  be a misdemeanor
   18  punishable by a fine of five thousand dollars and/or not more  than  one
   19  year of imprisonment; [and]
   20    3. where the value of fish, shellfish, crustaceans, wildlife, or parts
   21  thereof,  exceeds  one  thousand five hundred dollars, the offense shall
   22  constitute a class E felony under the provisions of the penal law[.];
   23    4. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
   24  THEREOF, EXCEEDS TWENTY-FIVE THOUSAND DOLLARS, THE OFFENSE SHALL CONSTI-
   25  TUTE A CLASS D FELONY UNDER THE PROVISIONS OF THE PENAL LAW;
   26    5. WHERE THE VALUE OF FISH, SHELLFISH, CRUSTACEANS, WILDLIFE, OR PARTS
   27  THEREOF, EXCEEDS TWO HUNDRED FIFTY THOUSAND DOLLARS, THE  OFFENSE  SHALL
   28  CONSTITUTE A CLASS C FELONY UNDER THE PROVISIONS OF THE PENAL LAW.
   29    For the purposes of this section the value of fish, shellfish, crusta-
   30  ceans  and  wildlife  shall  be the fair market value of or actual price
   31  paid for such resource, whichever is greater.    For  purposes  of  this
   32  section,  "sale" shall include the acts of selling, trading or bartering
   33  and all related acts, such as the act of offering  for  sale,  trade  or
   34  barter,  and  shall also include the illegal possession of fish, shellf-
   35  ish, wildlife or crustacea with intent to sell. It shall be  presumptive
   36  evidence  of  possession  with intent to sell when such fish, shellfish,
   37  wildlife or crustacea is possessed in quantities exceeding the allowable
   38  recreational quantities, or is possessed in a retail or wholesale outlet
   39  commonly used for the buying or selling of such fish,  shellfish,  wild-
   40  life  or  crustacea, provided, however, that nothing in this subdivision
   41  shall preclude the admission of other evidence which may serve to  inde-
   42  pendently prove a defendant's intent to sell.
   43    S  3. Subdivision 13 of section 71-0925 of the environmental conserva-
   44  tion law, as amended by chapter 706 of the laws of 2005, is amended  and
   45  a new subdivision 16 is added to read as follows:
   46    13.  If  the  violation  was  an  act prohibited by subdivision two of
   47  section 11-0535, 11-0535-A or by section 11-0536 of this chapter, or  by
   48  any  lawful  rule  or  regulation of the department promulgated pursuant
   49  thereto, not more than two thousand dollars, and an  additional  penalty
   50  of  not  more than three hundred fifty dollars for each fish, shellfish,
   51  crustacea, wildlife or part thereof involved in the  violation.  If  the
   52  violation  was  an  act  prohibited  by any regulation of the department
   53  promulgated pursuant to subdivision three of  section  11-0535  of  this
   54  chapter,  then such penalty shall be not more than one thousand dollars,
   55  and an additional penalty of not more than two hundred dollars for  each
       A. 8824                             3
    1  fish,  shellfish,  crustacea,  wildlife  or part thereof involved in the
    2  violation.
    3    16.  IF  THE VIOLATION WAS A SECOND OR SUBSEQUENT VIOLATION OF SECTION
    4  11-0535, 11-0535-A OR 11-0536 OF THIS CHAPTER, THE GREATER OF (A) A FINE
    5  OF FOUR THOUSAND DOLLARS PER ARTICLE  FOR  EACH  VIOLATION,  OR  (B)  AN
    6  AMOUNT EQUAL TO THREE TIMES THE VALUE OF THE ARTICLE INVOLVED.
    7    S  4. Within 30 days of the effective date of this act, the department
    8  shall maintain on its website information regarding the  prohibition  on
    9  the sale and purchase of ivory articles in the state.
   10    S 5. Severability. If any clause, sentence, paragraph, section or part
   11  of  this act shall be adjudged by any court of competent jurisdiction to
   12  be invalid and after exhaustion of  all  further  judicial  review,  the
   13  judgment  shall  not affect, impair or invalidate the remainder thereof,
   14  but shall be confined in its operation to the  clause,  sentence,  para-
   15  graph,  section or part of this act directly involved in the controversy
   16  in which the judgment shall have been rendered.
   17    S 6. No later than January 1, 2020, the  department  shall  prepare  a
   18  report  outlining  enforcement  activities and recommendations regarding
   19  any necessary changes, including but not limited  to  the  extension  or
   20  repeal of this act.
   21    S  7.  This  act shall take effect immediately; provided, however, any
   22  person who has been issued a license or  permit  allowing  the  sale  of
   23  elephant ivory articles prior to the effective date of this act may sell
   24  such  articles  listed  on  such license or permit until such license or
   25  permit has expired.