Bill Text: NY S09157 | 2017-2018 | General Assembly | Introduced

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

---

Bill Title: Prohibits the process, sale, offer for sale, purchase, trade, barter, distribution or possession of any part or product of the skin or body of a Giraffe.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2018-10-03 - PRINT NUMBER 9157A [S09157 Detail]

Download: New_York-2017-S09157-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          9157
                    IN SENATE
                                     August 29, 2018
                                       ___________
        Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  the  transportation,  sale  and possession of any part of
          product of a Giraffe
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Title 5 of article 11 of the environmental conservation law
     2  is amended by adding a new section 11-0535-b to read as follows:
     3  § 11-0535-b. Giraffes; prohibited acts.
     4    1.  Notwithstanding  any  other provision of law, no individual, firm,
     5  corporation, association or partnership shall import, export, transport,
     6  process, sell, offer for sale, purchase, trade,  barter,  distribute  or
     7  possess  any  part  of product of the skin or body of a Giraffe (Giraffa
     8  camelopardalis).
     9    2. Unless such activity is prohibited by federal  law,  the  following
    10  exceptions  and defenses apply to the prohibitions of subdivision one of
    11  this section:
    12    a. the part or product was located or possessed within  the  state  of
    13  New York prior to the effective date of this section;
    14    b.  the part or product is to be made part of a temporary or permanent
    15  collection of a museum chartered by the board of regents pursuant to the
    16  education law or to a museum authorized by a special  charter  from  the
    17  legislature  of  this state, provided that the article is not thereafter
    18  sold, offered for sale, traded, bartered or distributed to  any  private
    19  party; or
    20    c.  the part or product is distributed directly to a legal beneficiary
    21  of a trust or to a legal  heir  provided  the  article  was  located  or
    22  possessed  by  the decedent prior to the effective date of this section;
    23  provided further that after transfer to the beneficiary or heir that the
    24  article is not thereafter sold, offered for sale,  traded,  bartered  or
    25  distributed to any private party.
    26    3.  Any officer or agent authorized by the commissioner, or any police
    27  officer of the state of New York, or any police officer of  any  munici-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD16508-01-8
        S. 9157                             2
     1  pality within the state of New York, shall have authority to execute any
     2  warrant  to  search  for and seize any parts or products in violation of
     3  this section, as defined in subdivision one  of  this  section,  or  any
     4  property  or  item  used in connection with a violation of this section;
     5  such parts or products shall be held pending proceedings in any court of
     6  proper jurisdiction. Upon conviction, or upon the entry  of  a  judgment
     7  restraining  the  import,  export,  transport,  process, sale, offer for
     8  sale, purchase, trade, barter, distribution or possession  of  any  such
     9  part  or  product  on  the  ground  that  such  parts or products are in
    10  violation of this section, such parts or  products  shall  be  forfeited
    11  and,  upon  forfeiture,  either  offered to a recognized institution for
    12  scientific or educational purposes, or or destroyed.
    13    § 2. Paragraph f of subdivision 1 of section 71-0919 of  the  environ-
    14  mental  conservation law, as amended by chapter 640 of the laws of 1977,
    15  is amended and a new paragraph g is added to read as follows:
    16    f. In the cases provided in section 71-0909, is liable  to  forfeiture
    17  and confiscation of property involved in such violations, as provided in
    18  that section[.]; and
    19    g. in the cases provided in section 11-0535-b of this chapter:
    20    (i)  Any part or product shall be held pending criminal proceedings in
    21  any court or proper jurisdiction.
    22    (ii) A defendant convicted of such section shall be sentenced pursuant
    23  to paragraph (b) of subdivision one of section 55.10 of the  penal  law;
    24  provided,  however,  that any term of imprisonment imposed for violation
    25  of such section shall be definite sentence, which  may  not  exceed  two
    26  years.
    27    (iii)  Upon  conviction, or upon the entry of a judgment restraining a
    28  defendant from importing, possessing, selling,  offering  for  sale,  or
    29  transporting  a part or product of a Giraffe (Giraffa camelopardalis) on
    30  the grounds that such activity is or would be in  violation  of  section
    31  11-0535-b  of  this  chapter,  any  seized property under this paragraph
    32  shall be forfeited and, upon forfeiture, destroyed.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law. Effective immediately, the addition,  amend-
    35  ment and/or repeal of any rule or regulation necessary for the implemen-
    36  tation  of  this act on its effective date are authorized to be made and
    37  completed on or before such effective date.