Bill Text: NY S00438 | 2019-2020 | General Assembly | Introduced
Bill Title: Prohibits the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey; includes the big five African species, species determined to be endangered by the commissioner of the department of environmental conservation, those that appear on the list of nongame species or appear on any federal list of endangered or threatened species, or has been proposed to be included on any such list.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S00438 Detail]
Download: New_York-2019-S00438-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 438 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT prohibiting the possession and transport of certain animals and body parts thereof at airports and port facilities owned or operated by the Port Authority of New York and New Jersey The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. a. As used in this section: 2 (1) "Big five African species" means the African elephant, Loxodonta 3 africana; African leopard, Panthera pardus; African lion, Panthera leo; 4 black rhinoceros, Diceros bicornis; and white rhinoceros, Ceratotherium 5 simum. 6 (2) "Priority species" means any species or subspecies of wildlife 7 that: appears on the list of wildlife determined to be endangered by the 8 commissioner of the department of environmental conservation pursuant to 9 6 NYCRR §182.5(a); appears on any federal list of endangered or threat- 10 ened species, or has been proposed to be included on any such list; or 11 is a big five African species. "Priority species" shall include the 12 whole animal or any part, product, egg, or offspring of such species, or 13 the dead body or parts thereof, excluding fossils, whether or not 14 included in a manufactured product or in a food product. 15 b. Notwithstanding the provisions of any other law to the contrary, 16 priority species shall not be imported, exported, shipped, received, 17 possessed, processed, sold, offered for sale, or transported by any 18 individual, firm, corporation, association, or partnership at any 19 airport or port facility owned or operated by the Port Authority of New 20 York and New Jersey. 21 c. Any Port Authority agent or Port Authority police officer shall 22 have authority to enforce the prohibition in subdivision b of this EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04616-01-9S. 438 2 1 section and, where necessary, to apply for and execute any warrant to 2 search for and seize any priority species and any property or item used 3 in connection with a violation of subdivision b of this section. 4 d. Unless the activity is prohibited by federal law, the following 5 exceptions and defenses shall apply to the prohibition in subdivision b 6 of this section: 7 (1) the priority species was lawfully located or possessed within the 8 state of New York or the state of New Jersey prior to the effective date 9 of this act; or 10 (2) the priority species is to be made part of a temporary or perma- 11 nent collection at a museum or zoo, or similar educational or research 12 facility, provided that the priority species is not thereafter sold, 13 offered for sale, traded, bartered, or distributed to any private party. 14 e. (1) Any priority species and any property or item used in 15 connection with a violation of subdivision b of this section shall be 16 held pending criminal proceedings in any court of proper jurisdiction. 17 (2) A person who violates subdivision b of this section shall be guil- 18 ty of a class E felony and, notwithstanding the provisions of sections 19 70.00 and 80.00 of the penal law of the state of New York to the contra- 20 ry, shall be subject to imprisonment not to exceed 18 months and a fine 21 of up to $100,000. 22 (3) Upon conviction, or upon the entry of a judgment restraining a 23 person from any activity that is or would be in violation of subdivision 24 b of this section, any seized property shall be forfeited, and upon 25 forfeiture, disposed of in a manner consistent with the best interest of 26 the public as determined by the court. 27 (4) Any penalty imposed pursuant to this section shall be in addition 28 to any applicable penalty that may be imposed for a violation of article 29 11 of the environmental conservation law, 6 NYCRR Chapter 1, and any 30 other applicable law, rule or regulation to the contrary. 31 § 2. This act shall take effect upon the enactment into law by the 32 state of New Jersey of legislation having an identical effect with this 33 act, but if the state of New Jersey shall have already enacted such 34 legislation, then it shall take effect immediately; and provided that 35 the waterfront commission shall notify the legislative bill drafting 36 commission upon the occurrence of the enactment of the legislation 37 provided for in section one of this act in order that the commission may 38 maintain an accurate and timely effective data base of the official text 39 of laws of the state of New York in furtherance of effecting the 40 provisions of section 44 of the legislative law and section 70-b of the 41 public officers law.
