Connecticut 2019 Regular Session

Connecticut Senate Bill SB00020 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO \\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2019SB-00020-~~R03~~-
	3	+	LCO \\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00020-R02-
4	4		SB.docx
5	5		1 of 4
6	6
7	7		General Assembly Substitute Bill No. 20
8	8		January Session, 2019
9	9
10	10
11	11
12	12
13	13
14	14		AN ACT PROHIBITING THE IMPORT, SALE AND POSSESSION OF
15	15		AFRICAN ELEPHANTS, L IONS, LEOPARDS, BLACK RHIN OCEROS,
16	16		WHITE RHINOCEROS AND GIRAFFES.
17	17		Be it enacted by the Senate and House of Representatives in General
18	18		Assembly convened:
19	19
20	20		Section 1. (NEW) (Effective October 1, 2019) (a) For purposes of this 1
21	21		section, "big six African species" means any specimen of any of the 2
22	22		following members of the animal kingdom: African elephant 3
23	23		(loxodonta africana), African lion (panthera leo), African leopard 4
24	24		(panthera pardus pardus), black rhinoceros (diceros bicornis), white 5
25	25		rhinoceros (ceratotherium simum cottoni) and African giraffe (giraffa 6
26	26		camelopardalis), including any part, product or offspring thereof, or 7
27	27		the dead body or parts thereof, except fossils, whether or not it is 8
28	28		included in a manufactured product or in a food product. 9
29	29		(b) No person shall import, possess, sell, offer for sale or transport in 10
30	30		this state any big six African species. 11
31	31		(c) Any law enforcement officer shall have authority to enforce the 12
32	32		provisions of this section and, whenever necessary, to execute any 13
33	33		warrant to search for and seize any big six African species imported, 14
34	34		possessed, sold, offered for sale or transported in violation of this 15
35	35		section. 16
36	36		(d) Unless such activity is otherwise prohibited by federal law, the 17 Substitute Bill No. 20
37	37
38	38
39		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2019SB-00020-
40		-	~~R03~~-SB.docx }
	39	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00020-
	40	+	R02-SB.docx }
41	41		2 of 4
42	42
43	43		provisions of subsection (b) of this section shall not apply if any of the 18
44	44		following conditions exist: (1) Such specimen of a big six African 19
45	45		species was located or possessed within the state prior to the effective 20
46	46		date of this section and the legal owner of such specimen obtained a 21
47	47		certificate of possession from the Commissioner of Energy and 22
48	48		Environmental Protection not later than one hundred eighty days after 23
49	49		the effective date of this section; (2) such specimen of a big six African 24
50	50		species is to be part of a temporary or permanent collection of a 25
51	51		museum that has a tax exemption from the federal Internal Revenue 26
52	52		Service as an educational or scientific institution, provided such 27
53	53		specimen is not subsequently sold, offered for sale, traded, bartered or 28
54	54		distributed to any other party; or (3) such specimen of a big six African 29
55	55		species is distributed directly to a legal beneficiary of a trust or to a 30
56	56		legal heir provided: (A) Such specimen was located or possessed by 31
57	57		the decedent prior to the effective date of this section, (B) such 32
58	58		beneficiary or heir does not subsequently sell, offer for sale, trade, 33
59	59		barter or distribute such specimen to any other person, and (C) such 34
60	60		beneficiary or heir obtains a certificate of possession from the 35
61	61		Commissioner of Energy and Environmental Protection not later than 36
62	62		one hundred eighty days after receipt of such specimen. 37
63	63		(e) Any specimen of a big six African species and any other property 38
64	64		or item used in connection with a violation of the provisions of this 39
65	65		section shall be seized and held pending any criminal proceeding 40
66	66		pursuant to this section. In any criminal prosecution pursuant to this 41
67	67		section, secondary evidence, including, but not limited to, 42
68	68		photographs, shall be admissible against the defendant to the same 43
69	69		extent as such specimen would be admissible. 44
70	70		(f) Any person who violates the provisions of this section shall be 45
71	71		guilty of a felony and fined not more than ten thousand dollars and 46
72	72		imprisoned not more than two years, or both. 47
73	73		(g) Upon conviction of a person for violation of the provisions of 48
74	74		this section or upon the entry of a judgment restraining a defendant 49
75	75		from importing, possessing, selling, offering for sale or transporting 50 Substitute Bill No. 20
76	76
77	77
78		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2019SB-00020-
79		-	~~R03~~-SB.docx }
	78	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00020-
	79	+	R02-SB.docx }
80	80		3 of 4
81	81
82	82		any specimen of a big six African species on the grounds that such 51
83	83		activity is or would be a violation of the provisions of this section, any 52
84	84		specimen of a big six African species and any other property or item 53
85	85		that is seized and held pursuant to this section shall be forfeited and, 54
86	86		upon such forfeiture, destroyed, provided nothing in this subsection 55
87	87		shall be construed to require or authorize the destruction of a living 56
88	88		specimen of a big six African species. 57
89	89		(h) Nothing in this section shall be construed to apply to the 58
90	90		importing, possessing, selling, offering for sale or transporting of ivory 59
91	91		in this state. 60
92	92		(i) Nothing in this section shall be construed to apply to the 61
93	93		importing, transporting or possessing of a live big six African species 62
94	94		by any zoological institution or circus. 63
95	95		(j) Nothing in this section shall be construed to apply to the 64
96	96		transportation, purchase, exhibition or use of any animal in a motion 65
97	97		picture, television or digital media production by a motion picture, 66
98	98		television or digital media production company that employs or 67
99	99		contracts with a dealer or exhibitor licensed pursuant to 7 USC 2133, as 68
100	100		amended from time to time, or with a carrier, intermediate handler or 69
101	101		unlicensed exhibitor registered under 7 USC 2136, as amended from 70
102	102		time to time, to conduct such transport, purchase, exhibition or use. 71
103	103		Sec. 2. Subsection (d) of section 26-311 of the general statutes is 72
104	104		repealed and the following is substituted in lieu thereof (Effective 73
105	105		October 1, 2019): 74
106	106		(d) Nothing in section 1 of this act or sections 26-303 to 26-312, 75
107	107		inclusive, or any regulations adopted pursuant to said sections shall 76
108	108		prohibit transportation through this state of any endangered or 77
109	109		threatened species in accordance with the terms of any permit issued 78
110	110		under the laws of another state provided the person in possession of 79
111	111		an endangered or threatened species can prove legal possession of the 80
112	112		species. 81 Substitute Bill No. 20
113	113
114	114
115		-	LCO {\\PRDFS1\SCOUSERS\~~FORZANOF~~\WS\2019SB-00020-
116		-	~~R03~~-SB.docx }
	115	+	LCO {\\PRDFS1\SCOUSERS\KEHOET\WS\2019SB-00020-
	116	+	R02-SB.docx }
117	117		4 of 4
118	118
119	119		This act shall take effect as follows and shall amend the following
120	120		sections:
121	121
122	122		Section 1 October 1, 2019 New section
123	123		Sec. 2 October 1, 2019 26-311(d)
124	124
125	125		ENV Joint Favorable Subst.
126		-	JUD Joint Favorable
127	126