Bill Text: NY S07955 | 2013-2014 | General Assembly | Introduced


Bill Title: Relates to musical instruments containing ivory or rhinoceros horn; specifies amount allowable for instruments for elephant ivory and mammoth ivory; requires documentation to show articles with mammoth ivory being sold, offered for sale, traded, bartered or distributed were obtained prior to the effective date of this act.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2014-10-29 - REFERRED TO RULES [S07955 Detail]

Download: New_York-2013-S07955-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7955
                                   I N  S E N A T E
                                   October 29, 2014
                                      ___________
       Introduced  by  Sens. LANZA, AVELLA, GOLDEN -- (at request of the Gover-
         nor) -- read twice and ordered printed, and when printed to be commit-
         ted to the Committee on Rules
       AN ACT to amend the  environmental  conservation  law,  in  relation  to
         musical  instruments containing ivory or rhinoceros horn; and to amend
         chapter 326 of the laws of 2014 amending the  environmental  conserva-
         tion  law relating to prohibiting the purchase and sale of ivory arti-
         cles and rhinoceros horns and increasing the penalties for the illegal
         sale of such articles, in relation  to  amending  the  effective  date
         thereof and permitting the sale of mammoth items through June 30, 2015
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Paragraph d of subdivision 3 of section  11-0535-a  of  the
    2  environmental  conservation  law, as added by chapter 326 of the laws of
    3  2014, is amended to read as follows:
    4    d. the ivory article or rhinoceros horn is  [part]  LESS  THAN  TWENTY
    5  PERCENT  BY  VOLUME  of a musical instrument, including, without limita-
    6  tion, string and wind instruments and pianos, and the  owner  or  seller
    7  provides  historical documentation as the department may require, demon-
    8  strating provenance and showing the item was manufactured no later  than
    9  nineteen hundred seventy-five IF THE INSTRUMENT CONTAINS ELEPHANT IVORY,
   10  OR JUNE THIRTIETH, TWO THOUSAND FOURTEEN IF THE INSTRUMENT CONTAINS ONLY
   11  MAMMOTH IVORY.
   12    S  2.  Section 7 of chapter 326 of the laws of 2014 amending the envi-
   13  ronmental conservation law relating to prohibiting the purchase and sale
   14  of ivory articles and rhinoceros horns and increasing penalties for  the
   15  illegal sale of such articles, is amended to read as follows:
   16    S  7.  This  act shall take effect immediately; provided, however, any
   17  person who has been issued a license or  permit  allowing  the  sale  of
   18  elephant  ivory articles or rhinoceros horns prior to the effective date
   19  of this act may sell such articles listed  on  such  license  or  permit
   20  until such license or permit has expired; AND PROVIDED FURTHER, THAT ANY
   21  PERSON  WHO  POSSESSES MAMMOTH IVORY ARTICLES ON THE DATE THIS ACT TAKES
   22  EFFECT MAY SELL, OFFER FOR SALE, TRADE, BARTER, OR DISTRIBUTE SUCH ARTI-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD12118-01-4
       S. 7955                             2
    1  CLES THROUGH JUNE 30, 2015, IF THE ARTICLES ARE ACCOMPANIED BY  DOCUMEN-
    2  TATION  SUFFICIENT TO SHOW THAT SUCH ARTICLES ARE MAMMOTH IVORY OBTAINED
    3  PRIOR TO THE EFFECTIVE DATE OF THIS ACT.
    4    S  3.  This  act shall take effect immediately, and shall be deemed to
    5  have been in full force and effect on the same  date  and  in  the  same
    6  manner as chapter 326 of the laws of 2014, took effect.
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