S T A T E O F N E W Y O R K
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4686--A
2015-2016 Regular Sessions
I N S E N A T E
April 7, 2015
___________
Introduced by Sens. AVELLA, LATIMER -- read twice and ordered printed,
and when printed to be committed to the Committee on Environmental
Conservation -- committee discharged and said bill 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
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".
S 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:
S 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.
LBD09060-04-5
S. 4686--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 FIFTEEN 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 FIFTEEN 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.
S 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.
S 4. This act shall take effect immediately.
