NY State Senate Bill 2019-S438

Senate Bill S438

2019-2020 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Jan 09, 2019	referred to corporations, authorities and commissions

2019-S438 (ACTIVE) - Details

See Assembly Version of this Bill:: A682
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: Port Authority of New York and New Jersey
Versions Introduced in Other Legislative Sessions:: 2015-2016: S6072, A8394
2017-2018: S120, A5116
2021-2022: A805
2023-2024: A518

2019-S438 (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.

2019-S438 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S438

SPONSOR: HOYLMAN
 
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 facili-
ties 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 illegal-
ly killing Cecil, is just one example of how big-game hunting and poach-
ing 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:

S.0120 of 2017-2018 (Hoylman): Died in Corporations
A.5116 of 2017-2018 (Rosenthal): Died in Corporations, Authorities, &
Commissions
S.6072 of 2015-2016 (Hoylman): Died in Rules (2015)/Died in Corpo-
rations, Authorities, & Commissions (2016)
A.8394 of 2015-2016 (Rosenthal): Died in Corporations, Authorities, &
Commissions

 
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.

2019-S438 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    438
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (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:
 
   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 §182.5(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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD04616-01-9

 S. 438                              2
 
 section  and,  where  necessary, to apply for and execute any warrant to
 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.
   §  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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.