NY State Senate Bill 2019-S4325A

Senate Bill S4325A

2019-2020 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 - In Senate Committee Environmental Conservation Committee

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
May 29, 2020	print number 4325a
May 29, 2020	amend and recommit to environmental conservation
Jan 08, 2020	referred to environmental conservation returned to senate died in assembly
Jun 12, 2019	referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1311 committee discharged and committed to rules
Mar 07, 2019	referred to environmental conservation

Votes

- Jun 12, 2019 - Floor Vote
  S4325A
  
  48
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2019
      
      aye (48)
      
      Addabbo Jr.
      
      Bailey
      
      Benjamin
      
      Biaggi
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Felder
      
      Flanagan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      Metzger
      
      Montgomery
      
      Myrie
      
      Parker
      
      Persaud
      
      Ramos
      
      Rivera
      
      Robach
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      nay (14)
      
      Akshar
      
      Amedore
      
      Antonacci
      
      Funke
      
      Gallivan
      
      Griffo
      
      Jacobs
      
      Jordan
      
      Little
      
      O'Mara
      
      Ortt
      
      Ranzenhofer
      
      Ritchie
      
      Seward
  Jun 12, 2019 - Rules Committee Vote
  S4325A
  
  15
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 12, 2019
      
      aye (15)
      
      Benjamin
      
      Breslin
      
      Comrie
      
      Flanagan
      
      Gianaris
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Liu
      
      Martinez
      
      Parker
      
      Robach
      
      Savino
      
      Stewart-Cousins
      
      nay (1)
      
      Little
      
      aye wr (3)
      
      Griffo
      
      Lanza
      
      Seward

Bill Amendments

Original

A (Active)

co-Sponsors

2019-S4325 - Details

See Assembly Version of this Bill:: A7556
Current Committee:: Senate 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
2021-2022: S2814, A716
2023-2024: S3302, A584

2019-S4325 - Summary

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

2019-S4325 - Sponsor Memo

                                
 
BILL NUMBER: S4325

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 and white rhinos-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
African 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 transportation 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 trafficking caused by the legalization of
hunting and capture of the Big Five African Species in some African
countries.

 
LEGISLATIVE HISTORY:

2016. S.4686-A (Avella)/ A.10287 (Sepulveda) - Passed the Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2019-S4325 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4325
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced by Sen. SEPULVEDA -- read twice and ordered printed, 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-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:
   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.
                                                            LBD01362-01-9

 S. 4325                             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 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.

co-Sponsors

2019-S4325A (ACTIVE) - Details

See Assembly Version of this Bill:: A7556
Current Committee:: Senate 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
2021-2022: S2814, A716
2023-2024: S3302, A584

2019-S4325A (ACTIVE) - Summary

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

2019-S4325A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4325A

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 transportation 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 trafficking caused by the legalization of
hunting and capture of the Big Five African Species in some African
countries.

 
LEGISLATIVE HISTORY:

2016. S.4686-A (Avella)/ A.10287 (Sepulveda) - Passed the Senate

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately after it shall have become a law.

2019-S4325A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4325--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2019
                                ___________
 
 Introduced  by  Sens.  SEPULVEDA,  MARTINEZ,  SERRANO  -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Environmental Conservation -- recommitted to the Committee on Environ-
   mental  Conservation  in  accordance  with  Senate  Rule  6, sec. 8 --
   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 "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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01362-04-0

 S. 4325--A                          2
 
   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 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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Senate Bill S4325A

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Sponsored By

Luis R. Sepúlveda

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Bill Amendments

co-Sponsors

Monica R. Martinez

Jose M. Serrano

2019-S4325 - Details

2019-S4325 - Summary

2019-S4325 - Sponsor Memo

2019-S4325 - Bill Text download pdf

co-Sponsors

Monica R. Martinez

Jose M. Serrano

2019-S4325A (ACTIVE) - Details

2019-S4325A (ACTIVE) - Summary

2019-S4325A (ACTIVE) - Sponsor Memo

2019-S4325A (ACTIVE) - Bill Text download pdf

Comments