NY Ivory Bill to Criminalize Possession

The International Society of Appraisers just sent out an ISA Now notice which originated from Lark Mason of iGAVEL on proposed ivory legislation in NY state. According to Mason, NY Senate bill S4686 and includes a complete ban on the possession, sale, offering for sale, import and transportation of elephant ivory. There is no exemption for age, or for musicians, and may impose a 2-year prison term.

The bill states in part

"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 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."

Click HERE to read the NY Senate proposed legislation.

The International Society of Appraisers reported
Urgent News: Proposed Legislation in New York Would Strengthen the Ban on Ivory
Our colleague Lark Mason, of Mark Lason Associates and IGavel, has asked appraisal organizations to inform their members of new legislation being proposed in New York that would strengthen the ban on ivory to include criminal penalties. This legislation could have a significant impact on how ARC appraisers do business. Lark has provided the following information:

"This was unexpected, so let me be brief. The New York State Senate took up SB 4686 in recent days. As written, this bill would ban POSSESSION, sale, offering for sale, import and transportation of any part of an elephant, lion, leopard, black or white rhino. This is inconsistent with and would supersede the New York Ivory Ban already in place!

If you live in New York, visit www.elephantprotection.org. This page will give your state senator's phone number and some quick talking points. If you are not from New York, you can contact the state senator where you do business, travel, or have any other connection in New York. A full list of state senators can be found at www.nysenate.gov/senators.

If passed, this bill wipes out exemptions in the previous ivory ban and leaves musicians as exposed as everyone else. There is a narrow exemption for items possessed in New York prior to this act, but you need to get a certificate from the NY Secretary of State to qualify for this exemption. If you travel into New York with something that contains ivory, you're out of luck. Law enforcement is given sweeping new powers under this law, it is punishable by two years imprisonment, all items shall be seized, and upon conviction, destroyed.
Source: ISA Now 

No comments: