NY State Senate Bill 2015-S6072

Senate Bill S6072

2015-2016 Legislative Session

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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to corporations, authorities and commissions
Oct 21, 2015	referred to rules

2015-S6072 (ACTIVE) - Details

See Assembly Version of this Bill:: A8394
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Versions Introduced in Other Legislative Sessions:: 2017-2018: S120, A5116
2019-2020: S438, A682
2021-2022: A805
2023-2024: A518

2015-S6072 (ACTIVE) - Summary

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.

2015-S6072 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6072

 TITLE OF BILL :

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

 PURPOSE :

To prohibit 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.

 SUMMARY OF PROVISIONS :

Section one sets forth the definition section and creates a new
section of law that prohibits the importation of priority species into
facilities owned and/or operated by the Port Authority of New York and
New Jersey and subjects violators to criminal and financial sanctions.

Section two sets forth the effective date.

 JUSTIFICATION :

This new section of law would prevent the importation of certain

animal species into the state of New York and New Jersey. The world
was gripped by the brutal killing of Cecil, a rare African lion, in
Zimbabwe in early July 2015. Palmer, a hunting enthusiast who is
accused of illegally killing Cecil, is just one example of how
big-game hunting and poaching disturb the balance of wildlife within
their natural habitats.

Animals living on any kind of property in any country should have the
right to be protected from threats of death and abuse. Though New York
cannot prevent certain animals and big game hunting, we can help to
diminish the profit margin by making it illegal to transport big game
parts into New York and New Jersey.

This bill seeks to greatly reduce the trade and sale of a whole animal
or any part, product, egg, or offspring of such species, or the dead
body parts thereof in order to protect animals from abusive practices.
By preventing importation here, we deprive poachers and other big game
hunters of access to a robust market for the parts.  This legislation
will create a disincentive for those who hunt with the goal of selling
in the United States.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

Undetermined.

 EFFECTIVE DATE :
The act shall take effect upon the enactment into law by the state of
New Jersey of legislation having an identical effect with this act,
but if the state of New Jersey shall have already enacted such
legislation, then it shall take effect immediately.

2015-S6072 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6072

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            October 21, 2015
                               ___________

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

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:

  Section 1. a. As used in this section:
  (1)  "Big  five African species" means the African elephant, Loxodonta
africana; African leopard, Panthera pardus; African lion, Panthera  leo;
black  rhinoceros, Diceros bicornis; and white rhinoceros, Ceratotherium
simum.
  (2) "Priority species" means any species  or  subspecies  of  wildlife
that: appears on the list of wildlife determined to be endangered by the
commissioner of the department of environmental conservation pursuant to
6  NYCRR S182.5(a); appears on any federal list of endangered or threat-
ened species, or has been proposed to be included on any such  list;  or
is  a  big  five  African  species. "Priority species" shall include the
whole animal or any part, product, egg, or offspring of such species, or
the dead body or  parts  thereof,  excluding  fossils,  whether  or  not
included in a manufactured product or in a food product.
  b.  Notwithstanding  the  provisions of any other law to the contrary,
priority species shall not be  imported,  exported,  shipped,  received,
possessed,  processed,  sold,  offered  for  sale, or transported by any
individual,  firm,  corporation,  association,  or  partnership  at  any
airport  or port facility owned or operated by the Port Authority of New
York and New Jersey.
  c. Any Port Authority agent or Port  Authority  police  officer  shall
have  authority  to  enforce  the  prohibition  in subdivision b of this
section and, where necessary, to apply for and execute  any  warrant  to

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11835-01-5

S. 6072                             2

search  for and seize any priority species and any property or item used
in connection with a violation of subdivision b of this section.
  d.  Unless  the  activity  is prohibited by federal law, the following
exceptions and defenses shall apply to the prohibition in subdivision  b
of this section:
  (1)  the priority species was lawfully located or possessed within the
state of New York or the state of New Jersey prior to the effective date
of this act; or
  (2) the priority species is to be made part of a temporary  or  perma-
nent  collection  at a museum or zoo, or similar educational or research
facility, provided that the priority species  is  not  thereafter  sold,
offered for sale, traded, bartered, or distributed to any private party.
  e.  (1)  Any  priority  species  and  any  property  or  item  used in
connection with a violation of subdivision b of this  section  shall  be
held pending criminal proceedings in any court of proper jurisdiction.
  (2) A person who violates subdivision b of this section shall be guil-
ty  of  a class E felony and, notwithstanding the provisions of sections
70.00 and 80.00 of the penal law of the state of New York to the contra-
ry, shall be subject to imprisonment not to exceed 18 months and a  fine
of up to $100,000.
  (3)  Upon  conviction,  or  upon the entry of a judgment restraining a
person from any activity that is or would be in violation of subdivision
b of this section, any seized property  shall  be  forfeited,  and  upon
forfeiture, disposed of in a manner consistent with the best interest of
the public as determined by the court.
  (4)  Any penalty imposed pursuant to this section shall be in addition
to any applicable penalty that may be imposed for a violation of article
11 of the environmental conservation law, 6 NYCRR  Chapter  1,  and  any
other applicable law, rule or regulation to the contrary.
  S  2.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation, then it shall take effect immediately;  and  provided  that
the  waterfront  commission  shall  notify the legislative bill drafting
commission upon the occurrence  of  the  enactment  of  the  legislation
provided for in section one of this act in order that the commission may
maintain an accurate and timely effective data base of the official text
of  laws  of  the  state  of  New  York  in furtherance of effecting the
provisions of section 44 of the legislative law and section 70-b of  the
public officers law.

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