Connecticut 2013 Regular Session

Connecticut Senate Bill SB01020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Senate Bill No. 1020
	1	+	General Assembly Raised Bill No. 1020
	2	+	January Session, 2013 LCO No. 3523
	3	+	_____SB01020GAE___051413____
	4	+	Referred to Committee on ENVIRONMENT
	5	+	Introduced by:
	6	+	(ENV)
2	7
3		-	Public Act No. 13-248
	8	+	General Assembly
	9	+
	10	+	Raised Bill No. 1020
	11	+
	12	+	January Session, 2013
	13	+
	14	+	LCO No. 3523
	15	+
	16	+	_____SB01020GAE___051413____
	17	+
	18	+	Referred to Committee on ENVIRONMENT
	19	+
	20	+	Introduced by:
	21	+
	22	+	(ENV)
4	23
5	24		AN ACT CONCERNING THE INTERSTATE WILDLIFE VIOLATOR COMPACT.
6	25
7	26		Be it enacted by the Senate and House of Representatives in General Assembly convened:
8	27
9	28		Section 1. (NEW) (Effective from passage)
10	29
11	30		INTERSTATE WILDLIFE VIOLATOR COMPACT
12	31
13	32		ADOPTION OF COMPACT
14	33
15	34		The Wildlife Violator Compact is hereby enacted into law and entered into by the state of Connecticut with any and all states legally joining therein in accordance with its terms. The compact is substantially as follows:
16	35
17	36		ARTICLE I
18	37
19	38		Findings, Declaration of Policy and Purpose
20	39
21	40		(a) The party states find that:
22	41
23	42		(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors.
24	43
25	44		(2) The protection of their respective wildlife resources may be materially affected by the degree of compliance with state statute or rule relating to the management of those resources.
26	45
27	46		(3) The preservation, protection, management, and restoration of wildlife contributes immeasurably to the aesthetic, recreational, and economic aspects of these natural resources.
28	47
29	48		(4) Wildlife resources are valuable without regard to political boundaries; therefore, all persons should be required to comply with wildlife preservation, protection, management, and restoration statutes, rules, and other law of all party states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife.
30	49
31	50		(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property.
32	51
33	52		(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communications among the various states.
34	53
35	54		(7) A person who is cited for a wildlife violation in a state other than the person's home state:
36	55
37	56		(A) May be required to post collateral or bond to secure appearance for a trial at a later date;
38	57
39	58		(B) If unable to post collateral or bond, may be taken into custody until the collateral or bond is posted; or
40	59
41	60		(C) May be taken directly to court for an immediate appearance.
42	61
43	62		(8) The purpose of the enforcement practices described in subdivision (7) of this subsection is to ensure compliance with the terms of a wildlife citation by the person who, if permitted to continue on the person's way after receiving the citation, could return to the person's home state and disregard the person's duty under the terms of the citation.
44	63
45	64		(9) A person receiving a wildlife citation in the person's home state is permitted to accept the citation from the officer at the scene of the violation and to continue immediately on the person's way after agreeing or being instructed to comply with the terms of the citation.
46	65
47	66		(10) The practice described in subdivision (7) of this subsection causes unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay the fine, and thus is compelled to remain in custody until some alternative arrangement can be made.
48	67
49	68		(11) The enforcement practices described in subdivision (7) of this subsection consume an undue amount of law enforcement time.
50	69
51	70		(b) It is the policy of the party states to:
52	71
53	72		(1) Promote compliance with the statutes, rules, and other applicable law relating to management of wildlife resources in their respective states.
54	73
55	74		(2) Recognize the suspension of wildlife license privileges or rights of any person whose license privileges or rights have been suspended by a party state and treat this suspension as if it had occurred in the person's state.
56	75
57	76		(3) Allow violators to accept a wildlife citation, except as provided in subsection (b) of Article III of this compact, and be released without delay whether or not the person is a resident in the state in which the citation was issued, provided that the violator's home state is party to this compact.
58	77
59	78		(4) Report to the appropriate party state any conviction that would subject a person to suspension and that is recorded against any person whose home state was not the issuing state.
60	79
61	80		(5) Allow the home state to recognize and treat a conviction that would subject a person to suspension and that is recorded for their residents and which occurred in another party state as if the conviction had occurred in the home state.
62	81
63	82		(6) Extend cooperation to its fullest extent among the party states for obtaining compliance with the terms of a wildlife citation issued in one party state to a resident of another party state.
64	83
65	84		(7) Maximize effective use of law enforcement personnel and information.
66	85
67	86		(8) Assist court systems in the efficient disposition of wildlife violations.
68	87
69	88		(c) The purpose of this compact is to:
70	89
71	90		(1) Provide a means through which the party states may participate in a reciprocal program to effectuate policies enumerated in subsection (b) of this article in a uniform and orderly manner.
72	91
73	92		(2) Provide for the fair and impartial treatment of wildlife violators operating within party states in recognition of the person's right of due process and the sovereign status of a party state.
74	93
75	94		ARTICLE II
76	95
77	96		Definitions
78	97
79	98		The definitions in this article apply throughout this compact and are intended only for the implementation of this compact:
80	99
81	100		(1) "Citation" means any summons, complaint, ticket, penalty assessment, or other official document issued by a wildlife officer or other peace officer for a wildlife violation containing an order which requires the person to respond.
82	101
83	102		(2) "Collateral" means any cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a wildlife violation.
84	103
85	104		(3) "Compliance" with respect to a citation means the act of answering the citation through appearance at a court, a tribunal, or payment of fines, costs, and surcharges, if any, or both such appearance and payment.
86	105
87	106		(4) "Conviction" means a conviction, including any court conviction, of any offense related to the preservation, protection, management, or restoration of wildlife which is prohibited by state statute, rule, or other relevant law, or a forfeiture of bail, bond, or other security deposited to secure the appearance by a person charged with having committed any such offense, or payment of a penalty assessment, or a plea of nolo contendere, or the imposition of a deferred or suspended sentence by the court.
88	107
89	108		(5) "Court" means a court of law.
90	109
91	110		(6) "Home state" means the state of primary residence of a person.
92	111
93	112		(7) "Issuing state" means the party state which issues a wildlife citation to the violator.
94	113
95	114		(8) "License" means any license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, rule, or other relevant law of a party state.
96	115
97	116		(9) "Licensing authority" means the department within each party state authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.
98	117
99	118		(10) "Party state" means any state which enacts legislation to become a member of this wildlife compact.
100	119
101	120		(11) "Personal recognizance" means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of that citation.
102	121
103	122		(12) "State" means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
104	123
105	124		(13) "Suspension" means any revocation, denial, or withdrawal of any or all license privileges or rights, including the privilege or right to apply for, purchase, or exercise the benefits conferred by any license.
106	125
107	126		(14) "Terms of the citation" means those conditions and options expressly stated upon the citation.
108	127
109	128		(15) "Wildlife" means all species of animals, including, but not necessarily limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as "wildlife" and are protected or otherwise regulated by statute, rule, or other relevant law in a party state. "Wildlife" also means food fish and shellfish as defined by statute, rule, or other relevant law in a party state. Species included in the definition of "wildlife" vary from state to state and determination of whether a species is "wildlife" for the purposes of this compact shall be based on state law.
110	129
111	130		(16) "Wildlife law" means any statute, law, regulation, ordinance, or administrative rule developed and enacted to manage wildlife resources and the use thereof.
112	131
113	132		(17) "Wildlife officer" means any individual authorized by a party state to issue a citation for a wildlife violation.
114	133
115	134		(18) "Wildlife violation" means any cited violation of a statute, rule, or other relevant law developed and enacted to manage wildlife resources and the use thereof.
116	135
117	136		ARTICLE III
118	137
119	138		Procedures for Issuing State
120	139
121	140		(a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation to any person whose primary residence is in a party state in the same manner as if the person were a resident of the home state and shall not require the person to post collateral to secure appearance, subject to the exceptions contained in subsection (b) of this article, if the officer receives the person's personal recognizance that the person will comply with the terms of the citation.
122	141
123	142		(b) Personal recognizance is acceptable:
124	143
125	144		(1) If not prohibited by local law or the rules of the department of fish and wildlife; and
126	145
127	146		(2) If the violator provides adequate proof of the violator's identification to the wildlife officer.
128	147
129	148		(c) Upon conviction of a wildlife violation subject to suspension or upon failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply with the licensing authority of the party state in which the wildlife citation was issued. The report shall be made in accordance with procedures specified by the issuing state.
130	149
131	150		(d) Upon receipt of the report of conviction or noncompliance required by subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority in the home state of the violator the information in a form and content specified by the department of fish and wildlife in rule.
132	151
133	152		ARTICLE IV
134	153
135	154		Procedures for Home State
136	155
137	156		(a) Upon receipt of a report of a failure to comply with the terms of a citation from the licensing authority of the issuing state, the licensing authority of the home state shall notify the violator, shall initiate a suspension action in accordance with the home state's enforcement procedures, and shall suspend the violator's license privileges or rights until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority. Due process safeguards will be accorded.
138	157
139	158		(b) Upon receipt of a report of conviction of a wildlife violation subject to suspension from the licensing authority of the issuing state, the licensing authority of the home state shall enter such conviction in its records according to current procedure and shall treat such conviction as if it occurred in the home state for the purposes of the suspension of license privileges and for the purposes of the term of the suspension of privileges.
140	159
141	160		(c) The licensing authority of the home state shall maintain a record of actions taken and make reports to issuing states as provided in rules adopted by the department of fish and wildlife.
142	161
143	162		ARTICLE V
144	163
145	164		Reciprocal Recognition of Suspension
146	165
147	166		All party states shall recognize the suspension of license privileges or rights of any person by any party state as if the violation on which the suspension is based had in fact occurred in the person's state and would have been the basis for suspension of license privileges or rights in his or her state.
148	167
149	168		ARTICLE VI
150	169
151	170		Applicability of Other Laws
152	171
153	172		Except as expressly required by provisions of this compact, nothing herein shall be construed to affect the right of any party state to apply any of its laws relating to license privileges to any person or circumstance, or to invalidate or prevent any agreement or other cooperative arrangements between a party state and a nonparty state concerning wildlife law enforcement.
154	173
155	174		ARTICLE VII
156	175
157	176		Compact Administrator Procedures
158	177
159	178		(a) For the purpose of administering the provisions of this compact and to serve as a governing body for the resolution of all matters relating to the operation of this compact, a board of compact administrators is established. The board of compact administrators shall be composed of one representative from each of the party states to be known as the compact administrator. The compact administrator shall be appointed by the head of the licensing authority of each party state, except that in Connecticut the compact administrator shall be the Commissioner of Energy and Environmental Protection, or the commissioner's designee, and will serve and be subject to removal in accordance with the laws of the state the administrator represents. A compact administrator may provide for the discharge of the administrator's duties and the performance of the administrator's functions as a board of compact administrators' member by an alternate. An alternate may not be entitled to serve unless written notification of the alternate's identity has been given to the board of compact administrators.
160	179
161	180		(b) Each member of the board of compact administrators shall be entitled to one vote. No action of the board of compact administrators shall be binding unless taken at a meeting at which a majority of the total number of votes on the board of compact administrators are cast in favor thereof. Action by the board of compact administrators shall be only at a meeting at which a majority of the party states are represented.
162	181
163	182		(c) The board of compact administrators shall elect annually, from its membership, a chairperson and vice chairperson.
164	183
165	184		(d) The board of compact administrators shall adopt bylaws, not inconsistent with the provisions of this compact or the laws of a party state, for the conduct of its business and shall have the power to amend and rescind its bylaws.
166	185
167	186		(e) The board of compact administrators may accept for any of its purposes and functions under this compact all donations and grants of money, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental agency, and may receive, utilize, and dispose of the same.
168	187
169	188		(f) The board of compact administrators may contract with or accept services or personnel from any governmental or intergovernmental agency, individual, firm, corporation, or any private nonprofit organization or institution.
170	189
171	190		(g) The board of compact administrators shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this compact. All procedures and forms adopted pursuant to the board of contact administrators' action shall be contained in the rules adopted by the Department of Energy and Environmental Protection ("the Department").
172	191
173	192		ARTICLE VIII
174	193
175	194		Entry Into Compact and Withdrawal
176	195
177	196		(a) This compact shall become effective when it has been adopted by at least two states.
178	197
179	198		(b) (1) Entry into the compact shall be made by an act or resolution of ratification executed by the authorized officials of the applying state and submitted to the chairperson of the board of compact administrators.
180	199
181	200		(2) The act or resolution shall include statements that in substance are as follows:
182	201
183	202		(A) A citation of the authority by which the state is empowered to become a party to this compact;
184	203
185	204		(B) Agreement to comply with the terms and provisions of the compact; and
186	205
187	206		(C) That compact entry is with all states then party to the compact and with any state that legally becomes a party to the compact.
188	207
189	208		(3) The effective date of entry shall be specified by the applying state, but shall not be less than sixty days after notice has been given by the chairperson of the board of compact administrators or by the secretariat of the board of compact administrators to each party state that has received the resolution from the applying state.
190	209
191	210		(c) A party state may withdraw from this compact by official written notice to the other party states, but a withdrawal shall not take effect until ninety days after notice of withdrawal is given. The notice shall be directed to the compact administrator of each member state. No withdrawal shall affect the validity of this compact as to the remaining party states.
192	211
193	212		ARTICLE IX
194	213
195	214		Amendments to the Compact
196	215
197	216		(a) This compact may be amended from time to time. Amendments shall be presented in resolution form to the chairperson of the board of compact administrators and may be initiated by one or more party states.
198	217
199	218		(b) Adoption of an amendment shall require endorsement by all party states and shall become effective thirty days after the date of the last endorsement.
200	219
201	220		(c) Failure of a party state to respond to the compact chairperson within one hundred twenty days after receipt of the proposed amendment shall constitute endorsement.
202	221
203	222		ARTICLE X
204	223
205	224		Construction and Severability
206	225
207	226		This compact shall be liberally construed so as to effectuate the purposes stated herein. The provisions of this compact shall be severable, and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States, or the applicability thereof to any government, agency, individual, or circumstance is held invalid, the compact shall not be affected thereby. If this compact shall be held contrary to the constitution of any party state thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
208	227
209	228		ARTICLE XI
210	229
211	230		Compact Title
212	231
213	232		This compact shall be known as the Wildlife Violator Compact.
214	233
215	234		Compact Administrator
216	235
217	236		The compact administrator for Connecticut shall be the commissioner of the Department or a designated representative of the commissioner. The duties of the compact administrator shall be deemed a regular part of the duties of the office of the commissioner of the Department.
218	237
219	238		Rulemaking
220	239
221	240		The Department may adopt rules to carry out the purposes of this chapter.
222	241
223	242		Penalties
224	243
225	244		(a) The commissioner of the Department may suspend a Connecticut hunting, fishing, or trapping license of a person convicted of a wildlife violation in a state party to the compact, provided that the wildlife violation would have been the basis for suspension of license privileges in Connecticut.
226	245
227	246		(b) No person whose license, privilege, or right to hunt, fish, trap, possess, or transport wildlife, having been suspended or revoked pursuant to this chapter, shall be issued a license to hunt, fish, or trap in Connecticut.
228	247
229	248		(c) (1) Prior to suspending a Connecticut hunting, fishing, or trapping license of a person under subsection (a) of this article, the commissioner shall notify the person in writing. A suspension shall be deemed effective:
230	249
231	250		(A) When given if notice is made in person; or
232	251
233	252		(B) Three days after the deposit of notice in the United States mails, if notice is made in writing.
234	253
235	254		(2) A person receiving notice under subsection (a) of this article may, within twenty days of the date notice is given, request a hearing before the commissioner on whether the requirements for suspension or penalty have been met. The requesting person may present evidence and arguments at the hearing only regarding whether:
236	255
237	256		(A) A participating state suspended the person's privileges;
238	257
239	258		(B) There was a conviction in the participating state;
240	259
241	260		(C) The person failed to comply with the terms of a citation issued for a wildlife violation in a participating state; or
242	261
243	262		(D) A conviction in a participating state could have led to a license suspension or penalty in Connecticut.
244	263
245	264		(3) At the hearing, the commissioner or a hearing officer designated by the commissioner may:
246	265
247	266		(A) Administer oaths;
248	267
249	268		(B) Issue subpoenas for the attendance of witnesses; and
250	269
251	270		(C) Admit all relevant evidence and documents, including notifications from participating states.
252	271
253	272		(4) Following a hearing under this subsection, the commissioner or a designated hearing officer may, based on the evidence, affirm, modify, or rescind the suspension of a license or the assessment of a penalty.
254	273
255	274		(5) A suspension of a license under chapter 490 of the general statutes is a civil suspension, and a decision of the commissioner or hearing officer under this section shall not be appealable.
256	275
257	276		Withdrawal From the Compact
258	277
259	278		Withdrawal of Connecticut from the compact, as authorized under Article VIII of the compact, shall be by an act or resolution of the General Assembly.
260	279
261	280		Sec. 2. Section 26-26a of the general statutes is repealed. (Effective October 1, 2013)
	281	+
	282	+
	283	+
	284	+
	285	+	This act shall take effect as follows and shall amend the following sections:
	286	+	Section 1 from passage New section
	287	+	Sec. 2 October 1, 2013 Repealer section
	288	+
	289	+	This act shall take effect as follows and shall amend the following sections:
	290	+
	291	+	Section 1
	292	+
	293	+	from passage
	294	+
	295	+	New section
	296	+
	297	+	Sec. 2
	298	+
	299	+	October 1, 2013
	300	+
	301	+	Repealer section
	302	+
	303	+
	304	+
	305	+	ENV Joint Favorable C/R JUD
	306	+	JUD Joint Favorable
	307	+	GAE Joint Favorable
	308	+
	309	+	ENV
	310	+
	311	+	Joint Favorable C/R
	312	+
	313	+	JUD
	314	+
	315	+	JUD
	316	+
	317	+	Joint Favorable
	318	+
	319	+	GAE
	320	+
	321	+	Joint Favorable