Connecticut 2020 Regular Session

Connecticut House Bill HB05104 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2
3	3	LCO No. 755 1 of 4
4	4
5	5	General Assembly Raised Bill No. 5104
6	6	February Session, 2020
7	7	LCO No. 755
8	8
9	9
10	10	Referred to Committee on ENVIRONMENT
11	11
12	12
13	13	Introduced by:
14	14	(ENV)
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19	19	AN ACT PROHIBITING THE IMPORT, SALE AND POSSESSION OF
20	20	AFRICAN ELEPHANTS, L IONS, LEOPARDS, BLACK RHIN OCEROS,
21	21	WHITE RHINOCEROS AND GIRAFFES.
22	22	Be it enacted by the Senate and House of Representatives in General
23	23	Assembly convened:
24	24
25	25	Section 1. (NEW) (Effective October 1, 2020) (a) For purposes of this 1
26	26	section, "big six African species" means any specimen of any of the 2
27	27	following members of the animal kingdom: African elephant (loxodonta 3
28	28	africana), African lion (panthera leo), African leopard (panthera pardus 4
29	29	pardus), black rhinoceros (diceros bicornis), white rhinoceros 5
30	30	(ceratotherium simum cottoni) and African giraffe ( giraffa 6
31	31	camelopardalis), including any part, product or offspring thereof, or the 7
32	32	dead body or parts thereof, except fossils, whether or not it is included 8
33	33	in a manufactured product or in a food product. 9
34	34	(b) No person shall import, possess, sell, offer for sale or transport in 10
35	35	this state any big six African species. 11
36	36	(c) Any law enforcement officer shall have authority to enforce the 12
37	37	provisions of this section and, whenever necessary, to execute any 13
38	38	warrant to search for and seize any big six African species imported, 14
39	39	Raised Bill No. 5104
40	40
41	41
42	42
43	43	LCO No. 755 2 of 4
44	44
45	45	possessed, sold, offered for sale or transported in violation of this 15
46	46	section. 16
47	47	(d) Unless such activity is otherwise prohibited by federal law, the 17
48	48	provisions of subsection (b) of this section shall not apply if any of the 18
49	49	following conditions exist: (1) Such specimen of a big six African species 19
50	50	was located or possessed within the state prior to the effective date of 20
51	51	this section and the legal owner of such specimen obtained a certificate 21
52	52	of possession from the Commissioner of Energy and Environmental 22
53	53	Protection not later than one hundred eighty days after the effective date 23
54	54	of this section; (2) such specimen of a big six African species is to be part 24
55	55	of a temporary or permanent collection of a museum that has a tax 25
56	56	exemption from the federal Internal Revenue Service as an educational 26
57	57	or scientific institution, provided such specimen is not subsequently 27
58	58	sold, offered for sale, traded, bartered or distributed to any other party; 28
59	59	or (3) such specimen of a big six African species is distributed directly 29
60	60	to a legal beneficiary of a trust or to a legal heir provided: (A) Such 30
61	61	specimen was located or possessed by the decedent prior to the effective 31
62	62	date of this section, (B) such beneficiary or heir does not subsequently 32
63	63	sell, offer for sale, trade, barter or distribute such specimen to any other 33
64	64	person, and (C) such beneficiary or heir obtains a certificate of 34
65	65	possession from the Commissioner of Energy and Environmental 35
66	66	Protection not later than one hundred eighty days after receipt of such 36
67	67	specimen. 37
68	68	(e) Any specimen of a big six African species and any other property 38
69	69	or item used in connection with a violation of the provisions of this 39
70	70	section shall be seized and held pending any criminal proceeding 40
71	71	pursuant to this section. In any criminal prosecution pursuant to this 41
72	72	section, secondary evidence, including, but not limited to, photographs, 42
73	73	shall be admissible against the defendant to the same extent as such 43
74	74	specimen would be admissible. 44
75	75	(f) Any person who violates the provisions of this section shall be 45
76	76	guilty of a felony and fined not more than ten thousand dollars and 46
77	77	Raised Bill No. 5104
78	78
79	79
80	80
81	81	LCO No. 755 3 of 4
82	82
83	83	imprisoned not more than two years, or both. 47
84	84	(g) Upon conviction of a person for violation of the provisions of this 48
85	85	section or upon the entry of a judgment restraining a defendant from 49
86	86	importing, possessing, selling, offering for sale or transporting any 50
87	87	specimen of a big six African species on the grounds that such activity 51
88	88	is or would be a violation of the provisions of this section, any specimen 52
89	89	of a big six African species and any other property or item that is seized 53
90	90	and held pursuant to this section shall be forfeited and, upon such 54
91	91	forfeiture, destroyed, provided nothing in this subsection shall be 55
92	92	construed to require or authorize the destruction of a living specimen of 56
93	93	a big six African species. 57
94	94	(h) Nothing in this section shall be construed to apply to the 58
95	95	importing, possessing, selling, offering for sale or transporting of ivory 59
96	96	in this state. 60
97	97	(i) Nothing in this section shall be construed to apply to the 61
98	98	importing, transporting or possessing of a live big six African species by 62
99	99	any zoological institution or circus. 63
100	100	(j) Nothing in this section shall be construed to apply to the 64
101	101	transportation, purchase, exhibition or use of any animal in a motion 65
102	102	picture, television or digital media production by a motion picture, 66
103	103	television or digital media production company that employs or 67
104	104	contracts with a dealer or exhibitor licensed pursuant to 7 USC 2133, as 68
105	105	amended from time to time, or with a carrier, intermediate handler or 69
106	106	unlicensed exhibitor registered under 7 USC 2136, as amended from 70
107	107	time to time, to conduct such transport, purchase, exhibition or use. 71
108	108	Sec. 2. Subsection (d) of section 26-311 of the general statutes is 72
109	109	repealed and the following is substituted in lieu thereof (Effective October 73
110	110	1, 2020): 74
111	111	(d) Nothing in section 1 of this act or sections 26-303 to 26-312, 75
112	112	inclusive, or any regulations adopted pursuant to said sections shall 76
113	113	Raised Bill No. 5104
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115	115
116	116
117	117	LCO No. 755 4 of 4
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119	119	prohibit transportation through this state of any endangered or 77
120	120	threatened species in accordance with the terms of any permit issued 78
121	121	under the laws of another state provided the person in possession of an 79
122	122	endangered or threatened species can prove legal possession of the 80
123	123	species. 81
124	124	This act shall take effect as follows and shall amend the following
125	125	sections:
126	126
127	127	Section 1 October 1, 2020 New section
128	128	Sec. 2 October 1, 2020 26-311(d)
129	129
130	130	Statement of Purpose:
131	131	To prohibit the import and trade of any big six African species.
132	132
133	133	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
134	134	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
135	135	underlined.]
136	136