Bill Text: NY S08829 | 2023-2024 | General Assembly | Amended

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Bill Title: Prohibits the importing, possession, or sale of any part or product of the skin or body of a kangaroo for commercial purposes.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2024-05-07 - PRINT NUMBER 8829A [S08829 Detail]

Download: New_York-2023-S08829-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         8829--A

                    IN SENATE

                                     March 19, 2024
                                       ___________

        Introduced  by  Sens.  SKOUFIS,  BRISPORT,  MARTINEZ  --  read twice and
          ordered printed, and when printed to be committed to the Committee  on
          Agriculture  --  committee discharged, bill amended, ordered reprinted
          as amended and recommitted to said committee

        AN ACT to amend the agriculture and markets law, in relation to  prohib-
          iting the importing, possession, or sale of any part or product of the
          skin or body of a kangaroo for commercial purposes

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The agriculture and markets law is amended by adding a  new
     2  section 387 to read as follows:
     3    §  387.  Prohibition  of importing, possessing or selling any kangaroo
     4  product for commercial purposes.  1. Notwithstanding any other provision
     5  of law, it shall be unlawful for any person to knowingly import any part
     6  or product of the skin or body of a kangaroo, knowingly possess any part
     7  or product of the skin or body of a kangaroo with  intent  to  sell,  or
     8  knowingly  sell  any  part or product of the skin or body of a kangaroo,
     9  for commercial purposes, or knowingly attempt  to  import,  possess,  or
    10  sell  any part or product of the skin or body of a kangaroo, for commer-
    11  cial purposes.
    12    2. Notwithstanding any other provision of law, it  shall  be  unlawful
    13  for  any person to direct another person to knowingly import any part or
    14  product of the skin or body of a kangaroo, knowingly possess any part or
    15  product of the skin or body of a kangaroo with intent to sell, or  know-
    16  ingly  sell  any  part or product of the skin or body of a kangaroo, for
    17  commercial purposes, or direct another person to  attempt  to  knowingly
    18  import,  possess,  or  sell any part or product of the skin or body of a
    19  kangaroo, for commercial purposes.
    20    3. A violation of this section shall be punishable by a civil  penalty
    21  of  up  to  one thousand dollars for the first offense and five thousand
    22  dollars for any subsequent violation.
    23    4. The provisions of this section shall be in addition to, and not  in
    24  lieu  of,  any  other laws protecting animal welfare. This section shall
    25  not be construed to limit any state law or rules protecting the  welfare

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10755-08-4
        S. 8829--A                          2

     1  of  animals  or  to  prevent  a  local  governing body from adopting and
     2  enforcing its own animal welfare laws and regulations. Nothing  in  this
     3  section  shall  prohibit a person from otherwise lawful disposition of a
     4  deceased  kangaroo  or  any  part or product of the skin or body of such
     5  kangaroo.
     6    5. If any provision of this section, or the application thereof to any
     7  person or circumstances, is held invalid or unconstitutional, such inva-
     8  lidity or unconstitutionality  shall  not  affect  other  provisions  or
     9  applications of this section that can be given effect without the inval-
    10  id  or  unconstitutional  provision  or application, and to such end the
    11  provisions of this section shall be severable.
    12    6. For purposes of this section:
    13    (a) The term "any part or product of the skin or body of  a  kangaroo"
    14  shall  include, but not be limited to, the animal's viscera, skin, hide,
    15  meat, or bones;
    16    (b) The term "person" shall mean an individual, corporation,  partner-
    17  ship, trust, association, or other legal activity;
    18    (c)  The  term  "commercial  purposes" shall mean the advancement of a
    19  person's economic interests, such as by inducing another person to  buy,
    20  rent,  lease,  join, subscribe to, provide, or exchange products, goods,
    21  property, information, or services, or enabling or  effecting,  directly
    22  or  indirectly,  a transaction or other undertaking intended for profit;
    23  and
    24    (d) The term "kangaroo" shall include any of the following:
    25    (i) an osphranter rufus, commonly known as a red kangaroo;
    26    (ii) a macropus giganteus, commonly known as an eastern grey kangaroo;
    27    (iii) a macropus fuliginosus, commonly known as a western grey  kanga-
    28  roo; or
    29    (iv) an osphranter robustus, commonly known as the common wallaroo.
    30    § 2. This act shall take effect on the one hundred twentieth day after
    31  it shall have become a law.