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AB8394 Text:

                STATE OF NEW YORK
                               2015-2016 Regular Sessions
                   IN ASSEMBLY
                                     October 2, 2015
        Introduced  by  M.  of  A.  ROSENTHAL  --  read once and referred 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:
     1    Section 1. a. As used in this section:
     2    (1)  "Big  five African species" means the African elephant, Loxodonta
     3  africana; African leopard, Panthera pardus; African lion, Panthera  leo;
     4  black  rhinoceros, Diceros bicornis; and white rhinoceros, Ceratotherium
     5  simum.
     6    (2) "Priority species" means any species  or  subspecies  of  wildlife
     7  that: appears on the list of wildlife determined to be endangered by the
     8  commissioner of the department of environmental conservation pursuant to
     9  6  NYCRR §182.5(a); appears on any federal list of endangered or threat-
    10  ened species, or has been proposed to be included on any such  list;  or
    11  is  a  big  five  African  species. "Priority species" shall include the
    12  whole animal or any part, product, egg, or offspring of such species, or
    13  the dead body or  parts  thereof,  excluding  fossils,  whether  or  not
    14  included in a manufactured product or in a food product.
    15    b.  Notwithstanding  the  provisions of any other law to the contrary,
    16  priority species shall not be  imported,  exported,  shipped,  received,
    17  possessed,  processed,  sold,  offered  for  sale, or transported by any
    18  individual,  firm,  corporation,  association,  or  partnership  at  any
    19  airport  or port facility owned or operated by the Port Authority of New
    20  York and New Jersey.
    21    c. Any Port Authority agent or Port  Authority  police  officer  shall
    22  have  authority  to  enforce  the  prohibition  in subdivision b of this
    23  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.

        A. 8394                             2
     1  search  for and seize any priority species and any property or item used
     2  in connection with a violation of subdivision b of this section.
     3    d.  Unless  the  activity  is prohibited by federal law, the following
     4  exceptions and defenses shall apply to the prohibition in subdivision  b
     5  of this section:
     6    (1)  the priority species was lawfully located or possessed within the
     7  state of New York or the state of New Jersey prior to the effective date
     8  of this act; or
     9    (2) the priority species is to be made part of a temporary  or  perma-
    10  nent  collection  at a museum or zoo, or similar educational or research
    11  facility, provided that the priority species  is  not  thereafter  sold,
    12  offered for sale, traded, bartered, or distributed to any private party.
    13    e.  (1)  Any  priority  species  and  any  property  or  item  used in
    14  connection with a violation of subdivision b of this  section  shall  be
    15  held pending criminal proceedings in any court of proper jurisdiction.
    16    (2) A person who violates subdivision b of this section shall be guil-
    17  ty  of  a class E felony and, notwithstanding the provisions of sections
    18  70.00 and 80.00 of the penal law of the state of New York to the contra-
    19  ry, shall be subject to imprisonment not to exceed 18 months and a  fine
    20  of up to $100,000.
    21    (3)  Upon  conviction,  or  upon the entry of a judgment restraining a
    22  person from any activity that is or would be in violation of subdivision
    23  b of this section, any seized property  shall  be  forfeited,  and  upon
    24  forfeiture, disposed of in a manner consistent with the best interest of
    25  the public as determined by the court.
    26    (4)  Any penalty imposed pursuant to this section shall be in addition
    27  to any applicable penalty that may be imposed for a violation of article
    28  11 of the environmental conservation law, 6 NYCRR  Chapter  1,  and  any
    29  other applicable law, rule or regulation to the contrary.
    30    §  2.  This  act  shall take effect upon the enactment into law by the
    31  state of New Jersey of legislation having an identical effect with  this
    32  act,  but  if  the  state  of New Jersey shall have already enacted such
    33  legislation, then it shall take effect immediately;  and  provided  that
    34  the  waterfront  commission  shall  notify the legislative bill drafting
    35  commission upon the occurrence  of  the  enactment  of  the  legislation
    36  provided for in section one of this act in order that the commission may
    37  maintain an accurate and timely effective data base of the official text
    38  of  laws  of  the  state  of  New  York  in furtherance of effecting the
    39  provisions of section 44 of the legislative law and section 70-b of  the
    40  public officers law.
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