Assembly Bill A7840A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7840--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               July 7, 2023
                                ___________
 
 Introduced  by  M.  of A. L. ROSENTHAL, SHIMSKY, SIMON, EPSTEIN, COLTON,
   BORES -- read once and referred to the  Committee  on  Agriculture  --
   recommitted  to the Committee on Agriculture in accordance with Assem-
   bly Rule 3, sec. 2 --  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:
 
   Section  1. The agriculture and markets law is amended by adding a new
 section 387 to read as follows:
   § 387. PROHIBITION OF IMPORTING, POSSESSING OR  SELLING  ANY  KANGAROO
 PRODUCT FOR COMMERCIAL PURPOSES.  1. NOTWITHSTANDING ANY OTHER PROVISION
 OF LAW, IT SHALL BE UNLAWFUL FOR ANY PERSON TO KNOWINGLY IMPORT ANY PART
 OR PRODUCT OF THE SKIN OR BODY OF A KANGAROO, KNOWINGLY POSSESS ANY PART
 OR  PRODUCT  OF  THE  SKIN OR BODY OF A KANGAROO WITH INTENT TO SELL, OR
 KNOWINGLY SELL ANY PART OR PRODUCT OF THE SKIN OR BODY  OF  A  KANGAROO,
 FOR  COMMERCIAL  PURPOSES,  OR  KNOWINGLY ATTEMPT TO IMPORT, POSSESS, OR
 SELL ANY PART OR PRODUCT OF THE SKIN OR BODY OF A KANGAROO, FOR  COMMER-
 CIAL PURPOSES.
   2.  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, IT SHALL BE UNLAWFUL
 FOR ANY PERSON TO DIRECT ANOTHER PERSON TO KNOWINGLY IMPORT ANY PART  OR
 PRODUCT OF THE SKIN OR BODY OF A KANGAROO, KNOWINGLY POSSESS ANY PART OR
 PRODUCT  OF THE SKIN OR BODY OF A KANGAROO WITH INTENT TO SELL, OR KNOW-
 INGLY SELL ANY PART OR PRODUCT OF THE SKIN OR BODY OF  A  KANGAROO,  FOR
 COMMERCIAL  PURPOSES,  OR  DIRECT ANOTHER PERSON TO ATTEMPT TO KNOWINGLY
 IMPORT, POSSESS, OR SELL ANY PART OR PRODUCT OF THE SKIN OR  BODY  OF  A
 KANGAROO, FOR COMMERCIAL PURPOSES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10755-07-4
 A. 7840--A                          2
 
              

   3.  A VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A CIVIL PENALTY
 OF UP TO ONE THOUSAND DOLLARS FOR THE FIRST OFFENSE  AND  FIVE  THOUSAND
 DOLLARS FOR ANY SUBSEQUENT VIOLATION.
   4.  THE PROVISIONS OF THIS SECTION SHALL BE IN ADDITION TO, AND NOT IN
 LIEU OF, ANY OTHER LAWS PROTECTING ANIMAL WELFARE.  THIS  SECTION  SHALL
 NOT  BE CONSTRUED TO LIMIT ANY STATE LAW OR RULES PROTECTING THE WELFARE
 OF ANIMALS OR TO PREVENT  A  LOCAL  GOVERNING  BODY  FROM  ADOPTING  AND
 ENFORCING  ITS  OWN ANIMAL WELFARE LAWS AND REGULATIONS. NOTHING IN THIS
 SECTION SHALL PROHIBIT A PERSON FROM OTHERWISE LAWFUL DISPOSITION  OF  A
 DECEASED  KANGAROO  OR  ANY  PART OR PRODUCT OF THE SKIN OR BODY OF SUCH
 KANGAROO.
   5. IF ANY PROVISION OF THIS SECTION, OR THE APPLICATION THEREOF TO ANY
 PERSON OR CIRCUMSTANCES, IS HELD INVALID OR UNCONSTITUTIONAL, SUCH INVA-
 LIDITY OR UNCONSTITUTIONALITY  SHALL  NOT  AFFECT  OTHER  PROVISIONS  OR
 APPLICATIONS OF THIS SECTION THAT CAN BE GIVEN EFFECT WITHOUT THE INVAL-
 ID  OR  UNCONSTITUTIONAL  PROVISION  OR APPLICATION, AND TO SUCH END THE
 PROVISIONS OF THIS SECTION SHALL BE SEVERABLE.
   6. FOR PURPOSES OF THIS SECTION:
   (A) THE TERM "ANY PART OR PRODUCT OF THE SKIN OR BODY OF  A  KANGAROO"
 SHALL  INCLUDE, BUT NOT BE LIMITED TO, THE ANIMAL'S VISCERA, SKIN, HIDE,
 MEAT, OR BONES;
   (B) THE TERM "PERSON" SHALL MEAN AN INDIVIDUAL, CORPORATION,  PARTNER-
 SHIP, TRUST, ASSOCIATION, OR OTHER LEGAL ACTIVITY;
   (C)  THE  TERM  "COMMERCIAL  PURPOSES" SHALL MEAN THE ADVANCEMENT OF A
 PERSON'S ECONOMIC INTERESTS, SUCH AS BY INDUCING ANOTHER PERSON TO  BUY,
 RENT,  LEASE,  JOIN, SUBSCRIBE TO, PROVIDE, OR EXCHANGE PRODUCTS, GOODS,
 PROPERTY, INFORMATION, OR SERVICES, OR ENABLING OR  EFFECTING,  DIRECTLY
 OR  INDIRECTLY,  A TRANSACTION OR OTHER UNDERTAKING INTENDED FOR PROFIT;
 AND
   (D) THE TERM "KANGAROO" SHALL INCLUDE ANY OF THE FOLLOWING:
   (I) AN OSPHRANTER RUFUS, COMMONLY KNOWN AS A RED KANGAROO;
   (II) A MACROPUS GIGANTEUS, COMMONLY KNOWN AS AN EASTERN GREY KANGAROO;
   (III) A MACROPUS FULIGINOSUS, COMMONLY KNOWN AS A WESTERN GREY  KANGA-
 ROO; OR
   (IV) AN OSPHRANTER ROBUSTUS, COMMONLY KNOWN AS THE COMMON WALLAROO.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.