Bill Text: NY A07556 | 2019-2020 | General Assembly | Introduced

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

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

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-05-28 - print number 7556a [A07556 Detail]

Download: New_York-2019-A07556-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7556

                               2019-2020 Regular Sessions

                   IN ASSEMBLY

                                       May 9, 2019
                                       ___________

        Introduced  by M. of A. L. ROSENTHAL, SIMON -- read once and referred 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:

     1    Section 1. This act shall be known and may be cited as the  "Big  Five
     2  African Trophies Act".
     3    §  2.  Title  5 of Article 11 of the environmental conservation law is
     4  amended by adding a new section 11-0535-b to read as follows:
     5  § 11-0535-b. Big five African trophies act.
     6    1. Notwithstanding any other provision of law,  no  individual,  firm,
     7  corporation,  association,  or  partnership shall import, export, trans-
     8  port, process, sell, offer for sale, purchase, trade, barter, distribute
     9  or possess any part or product of the skin or body, whether raw or manu-
    10  factured, of the following animal species: African  Elephant  (Loxodonta
    11  Africana);  African  Leopard  (Panthera  pardus); African Lion (Panthera
    12  leo); Black Rhinoceros (Diceros bicornis); and White  Rhinoceros  (Cera-
    13  totherium simum).
    14    2.  Unless  such activity is prohibited by federal law, paragraph e of
    15  subdivision six of section 11-0103 of this article, or sections 11-0512,
    16  11-0535-a, or 11-0536  of  this  title,  the  following  exceptions  and
    17  defenses apply to the prohibitions of subdivision one of this section:
    18    a.  the  part  or product was located or possessed within the state of
    19  New York prior to the effective date of this section and the legal owner
    20  has obtained a certificate of possession from the secretary of state;
    21    b. the part or product is to be made part of a temporary or  permanent
    22  collection of a museum chartered by the board of regents pursuant to the
    23  education  law  or  to a museum authorized by a special charter from the
    24  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
        A. 7556                             2

     1  sold,  offered  for sale, traded, bartered or distributed to any private
     2  party; or
     3    c.  the part or product is distributed directly to a legal beneficiary
     4  of a trust or to a legal  heir  provided  the  article  was  located  or
     5  possessed  by  the decedent prior to the effective date of this section;
     6  provided further that after transfer to the beneficiary or heir that the
     7  article is not thereafter sold, offered for sale,  traded,  bartered  or
     8  distributed  to any private party; provided further that the beneficiary
     9  or heir obtain a certificate of possession from the secretary  of  state
    10  within one hundred eighty days of obtaining the article.
    11    3.  Any officer or agent authorized by the commissioner, or any police
    12  officer of the state of New York, or any police officer of  any  munici-
    13  pality within the state of New York, shall have authority to execute any
    14  warrant  to  search  for and seize any parts or products in violation of
    15  this section, as defined in subdivision one  of  this  section,  or  any
    16  property  or  item  used in connection with a violation of this section;
    17  such parts or products shall be held pending proceedings in any court of
    18  proper jurisdiction. Upon conviction, or upon the entry  of  a  judgment
    19  restraining  the  import,  export,  transport,  process, sale, offer for
    20  sale, purchase, trade, barter, distribution or possession  of  any  such
    21  part  or  product  on  the  ground  that  such  parts or products are in
    22  violation of this section, such parts or  products  shall  be  forfeited
    23  and,  upon  forfeiture,  either  offered to a recognized institution for
    24  scientific or educational purposes, or destroyed.
    25    § 3. Subdivision 1 of section 71-0919 of the  environmental  conserva-
    26  tion law is amended by adding a new paragraph g to read as follows:
    27    g.  In  the  cases  provided for in section 11-0535-b of this chapter:
    28  (a)  Any  big  five  African  species,  property  and/or  item  used  in
    29  connection with a violation of this section shall be held pending crimi-
    30  nal proceedings in any court of proper jurisdiction.
    31    (b)  A defendant convicted of this offense shall be sentenced pursuant
    32  to paragraph (b) of subdivision one of section 55.10 of the  penal  law;
    33  provided,  however,  that any term of imprisonment imposed for violation
    34  of this section shall be a definite sentence, which may not  exceed  two
    35  years.
    36    (c)  Upon  conviction,  or  upon the entry of a judgment restraining a
    37  defendant from importing, possessing, selling,  offering  for  sale,  or
    38  transporting  any  big  five  African  species  on the grounds that such
    39  activity is or would be in violation of section 11-0535-b of this  chap-
    40  ter,  any  seized  property under this paragraph shall be forfeited and,
    41  upon forfeiture, destroyed.
    42    § 4. This act shall take effect one year after it shall have become  a
    43  law.