Senate Bill S5709

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5709
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 28, 2025
                                ___________
 
 Introduced  by Sens. SKOUFIS, BRISPORT, HARCKHAM, MARTINEZ -- 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:
 
   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.
   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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05254-01-5
 S. 5709                             2
              

 
   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.