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

New York Senate Bill 8829 (Prior Session Legislation)

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

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 - Dead) 2024-05-07 - PRINT NUMBER 8829A [S08829 Detail]

Download: New_York-2023-S08829-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________

                                          8829

                    IN SENATE

                                     March 19, 2024
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Agriculture

        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 385 to read as follows:
     3    §  385.  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 import any part or  prod-
     6  uct  of  the  skin or body of a kangaroo, possess any part or product of
     7  the skin or body of a kangaroo with intent to sell, or sell any part  or
     8  product  of  the skin or body of a kangaroo, for commercial purposes, or
     9  attempt to import, possess, or sell any part or product of the  skin  or
    10  body of a kangaroo, for commercial purposes.
    11    2.  Notwithstanding  any  other provision of law, it shall be unlawful
    12  for any person to direct another person to import any part or product of
    13  the skin or body of a kangaroo, possess any part or product of the  skin
    14  or  body  of a kangaroo with intent to sell, or sell any part or product
    15  of the skin or body of a kangaroo, for commercial  purposes,  or  direct
    16  another  person to attempt to import, possess, or sell any part or prod-
    17  uct of the skin or body of a kangaroo, for commercial purposes.
    18    3. A violation of this section shall be punishable by a civil  penalty
    19  of  up  to  one thousand dollars for the first offense and five thousand
    20  dollars for any subsequent violation.
    21    4. The provisions of this section shall be in addition to, and not  in
    22  lieu  of,  any  other laws protecting animal welfare. This section shall
    23  not be construed to limit any state law or rules protecting the  welfare
    24  of  animals  or  to  prevent  a  local  governing body from adopting and
    25  enforcing its own animal welfare laws and regulations. Nothing  in  this
    26  section  shall  prohibit a person from otherwise lawful disposition of a

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10755-04-3

        S. 8829                             2

     1  deceased kangaroo or any part or product of the skin  or  body  of  such
     2  kangaroo.
     3    5. If any provision of this section, or the application thereof to any
     4  person or circumstances, is held invalid or unconstitutional, such inva-
     5  lidity  or  unconstitutionality  shall  not  affect  other provisions or
     6  applications of this section that can be given effect without the inval-
     7  id or unconstitutional provision or application, and  to  such  end  the
     8  provisions of this section shall be severable.
     9    6. For purposes of this section:
    10    (a)  The  term "any part or product of the skin or body of a kangaroo"
    11  shall include, but not be limited to, the animal's viscera, skin,  hide,
    12  meat, or bones;
    13    (b)  The term "person" shall mean an individual, corporation, partner-
    14  ship, trust, association, or other legal activity;
    15    (c) The term "commercial purposes" shall mean  the  advancement  of  a
    16  person's  economic interests, such as by inducing another person to buy,
    17  rent, lease, join, subscribe to, provide, or exchange  products,  goods,
    18  property,  information,  or services, or enabling or effecting, directly
    19  or indirectly, a transaction or other undertaking intended  for  profit;
    20  and
    21    (d) The term "kangaroo" shall include any of the following:
    22    (i) an osphranter rufus, commonly known as a red kangaroo;
    23    (ii) a macropus giganteus, commonly known as an eastern grey kangaroo;
    24    (iii)  a macropus fuliginosus, commonly known as a western grey kanga-
    25  roo; or
    26    (iv) an osphranter robustus, commonly known as the common wallaroo.
    27    § 2. This act shall take effect on the one hundred twentieth day after
    28  it shall have become a law.