Connecticut 2021 Regular Session

Connecticut Senate Bill SB00925 Compare Versions

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Version 2 (New)

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	7	+	General Assembly Substitute Bill No. 925
	8	+	January Session, 2021
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4		-	Substitute Senate Bill No. 925
5		-
6		-	Public Act No. 21-52
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9	14		AN ACT PROHIBITING THE IMPORT, SALE AND POSSESSION OF
10		-	AFRICAN ELEPHANTS, ~~LIONS~~, LEOPARDS, BLACK
11		-	~~RHINOCEROS,~~ WHITE RHINOCEROS AND GIRAFFES.
	15	+	AFRICAN ELEPHANTS, L IONS, LEOPARDS, BLACK RHINOCEROS,
	16	+	WHITE RHINOCEROS AND GIRAFFES.
12	17		Be it enacted by the Senate and House of Representatives in General
13	18		Assembly convened:
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15		-	Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this
16		-	section, "big six African species" means any specimen of any of the
17		-	following members of the animal kingdom: African elephant (loxodonta
18		-	africana), African lion (panthera leo), African leopard (panthera pardus
19		-	pardus), black rhinoceros (diceros bicornis), white rhinoceros
20		-	(ceratotherium simum cottoni) and African giraffe (giraffa
21		-	camelopardalis), including any part, product or offspring thereof, or the
22		-	dead body or parts thereof, except fossils, whether or not it is included
23		-	in a manufactured product or in a food product.
24		-	(b) No person shall import, possess, sell, offer for sale or transport in
25		-	this state any big six African species.
26		-	(c) Any law enforcement officer shall have authority to enforce the
27		-	provisions of this section and, whenever necessary, to execute any
28		-	warrant to search for and seize any big six African species imported,
29		-	possessed, sold, offered for sale or transported in violation of this
30		-	section. Substitute ~~Senate~~ Bill No. 925
	20	+	Section 1. (NEW) (Effective October 1, 2021) (a) For purposes of this 1
	21	+	section, "big six African species" means any specimen of any of the 2
	22	+	following members of the animal kingdom: African elephant (loxodonta 3
	23	+	africana), African lion (panthera leo), African leopard (panthera pardus 4
	24	+	pardus), black rhinoceros (diceros bicornis), white rhinoceros 5
	25	+	(ceratotherium simum cottoni) and African giraffe (giraffa 6
	26	+	camelopardalis), including any part, product or offspring thereof, or the 7
	27	+	dead body or parts thereof, except fossils, whether or not it is included 8
	28	+	in a manufactured product or in a food product. 9
	29	+	(b) No person shall import, possess, sell, offer for sale or transport in 10
	30	+	this state any big six African species. 11
	31	+	(c) Any law enforcement officer shall have authority to enforce the 12
	32	+	provisions of this section and, whenever necessary, to execute any 13
	33	+	warrant to search for and seize any big six African species imported, 14
	34	+	possessed, sold, offered for sale or transported in violation of this 15
	35	+	section. 16 Substitute Bill No. 925
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32		-	Public Act No. 21-52 2 of 4
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34		-	(d) The provisions of subsection (b) of this section shall not apply if
35		-	the possession of such specimen of a big six African species is expressly
36		-	authorized by any federal law or permit, or if any of the following
37		-	conditions exist that are not otherwise prohibited by federal law: (1)
38		-	Such specimen of a big six African species was located or possessed
39		-	within the state prior to the effective date of this section and the legal
40		-	owner of such specimen obtained a certificate of possession from the
41		-	Commissioner of Energy and Environmental Protection not later than
42		-	one hundred eighty days after the effective date of this section; (2) such
43		-	specimen of a big six African species is to be part of a temporary or
44		-	permanent collection of a museum or an educational or scientific
45		-	institution that has a tax exemption from the federal Internal Revenue
46		-	Service as an educational or scientific institution or is to be used by a
47		-	zoological institution for educational purposes, provided such
48		-	specimen is not subsequently sold, offered for sale, traded, bartered or
49		-	distributed to any other party that is not a tax exempt museum or
50		-	educational or scientific institution; (3) such specimen was imported to
51		-	the state by a tax exempt educational or scientific institution for
52		-	purposes of research; (4) such specimen of a big six African species is
53		-	possessed in the state for the purpose of performing taxidermy services,
54		-	provided such specimen is removed from the state not later than
55		-	fourteen days following completion of such taxidermy services; or (5)
56		-	such specimen of a big six African species is distributed directly to a
57		-	legal beneficiary of a trust or to a legal heir provided: (A) Such specimen
58		-	was located or possessed by the decedent prior to the effective date of
59		-	this section, (B) such beneficiary or heir does not subsequently sell, offer
60		-	for sale, trade, barter or distribute such specimen to any other person,
61		-	and (C) such beneficiary or heir obtains a certificate of possession from
62		-	the Commissioner of Energy and Environmental Protection not later
63		-	than one hundred eighty days after receipt of such specimen.
64		-	(e) Any specimen of a big six African species and any other property
65		-	or item used in connection with a violation of the provisions of this Substitute Senate Bill No. 925
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	42	+	(d) Unless such activity is otherwise prohibited by federal law, the 17
	43	+	provisions of subsection (b) of this section shall not apply if any of the 18
	44	+	following conditions exist: (1) Such specimen of a big six African species 19
	45	+	was located or possessed within the state prior to the effective date of 20
	46	+	this section and the legal owner of such specimen obtained a certificate 21
	47	+	of possession from the Commissioner of Energy and Environmental 22
	48	+	Protection not later than one hundred eighty days after the effective date 23
	49	+	of this section; (2) such specimen of a big six African species is to be part 24
	50	+	of a temporary or permanent collection of a museum that has a tax 25
	51	+	exemption from the federal Internal Revenue Service as an educational 26
	52	+	or scientific institution or is to be used by a zoological institution for 27
	53	+	educational purposes, provided such specimen is not subsequently 28
	54	+	sold, offered for sale, traded, bartered or distributed to any other party; 29
	55	+	or (3) such specimen of a big six African species is distributed directly 30
	56	+	to a legal beneficiary of a trust or to a legal heir provided: (A) Such 31
	57	+	specimen was located or possessed by the decedent prior to the effective 32
	58	+	date of this section, (B) such beneficiary or heir does not subsequently 33
	59	+	sell, offer for sale, trade, barter or distribute such specimen to any other 34
	60	+	person, and (C) such beneficiary or heir obtains a certificate of 35
	61	+	possession from the Commissioner of Energy and Environmental 36
	62	+	Protection not later than one hundred eighty days after receipt of such 37
	63	+	specimen. 38
	64	+	(e) Any specimen of a big six African species and any other property 39
	65	+	or item used in connection with a violation of the provisions of this 40
	66	+	section shall be seized and held pending any criminal proceeding 41
	67	+	pursuant to this section. In any criminal prosecution pursuant to this 42
	68	+	section, secondary evidence, including, but not limited to, photographs, 43
	69	+	shall be admissible against the defendant to the same extent as such 44
	70	+	specimen would be admissible. 45
	71	+	(f) (1) Any person who violates the provisions of this section for (A) 46
	72	+	a first offense shall have committed an infraction, unless such person in 47
	73	+	good faith at the time of such offense was unaware that he or she was 48
	74	+	importing, possessing, selling, offering for sale or transporting any 49 Substitute Bill No. 925
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69		-	section shall be seized and held pending any criminal proceeding
70		-	pursuant to this section. In any criminal prosecution pursuant to this
71		-	section, secondary evidence, including, but not limited to, photographs,
72		-	shall be admissible against the defendant to the same extent as such
73		-	specimen would be admissible.
74		-	(f) (1) Any person who violates the provisions of this section for (A)
75		-	a first offense shall have committed an infraction, unless such person in
76		-	good faith at the time of such offense was unaware that he or she was
77		-	importing, possessing, selling, offering for sale or transporting any
78		-	specimen of a big six African species, or (B) a second offense shall have
79		-	committed an infraction if such person previously violated the
80		-	provisions of this section, but was not found to have committed an
81		-	infraction because he or she in good faith at the time of such previous
82		-	offense was unaware that he or she was importing, possessing, selling,
83		-	offering for sale or transporting any specimen of a big six African
84		-	species.
85		-	(2) Any person who subsequently violates the provisions of this
86		-	section and whose immediate previous offense for a violation of this
87		-	section was an infraction under subdivision (1) of this subsection shall
88		-	be guilty of a class B misdemeanor.
89		-	(3) Any person who violates the provisions of this section for any
90		-	offense subsequent to an offense under subdivision (2) of this subsection
91		-	shall be guilty of a class D felony.
92		-	(g) Any specimen of a big six African species and any other property
93		-	or item that is seized and held pursuant to this section shall be forfeited
94		-	and, upon such forfeiture, destroyed if seized from any person who is
95		-	found to have violated the provisions of this section or who is restrained
96		-	by a judgment from importing, possessing, selling, offering for sale or
97		-	transporting any specimen of a big six African species on the grounds
98		-	that such activity is or would be a violation of the provisions of this Substitute Senate Bill No. 925
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102		-	section. Nothing in this subsection shall be construed to require or
103		-	authorize the destruction of a living specimen of a big six African
104		-	species.
105		-	(h) Nothing in this section shall be construed to apply to the
106		-	importing, possessing, selling, offering for sale or transporting of ivory
107		-	in this state.
108		-	(i) Nothing in this section shall be construed to apply to the
109		-	importing, transporting or possessing of a live big six African species by
110		-	any zoological institution or circus.
111		-	(j) Nothing in this section shall be construed to apply to the
112		-	transportation, purchase, exhibition or use of any animal in a motion
113		-	picture, television or digital media production by a motion picture,
114		-	television or digital media production company that employs or
115		-	contracts with a dealer or exhibitor licensed pursuant to 7 USC 2133, as
116		-	amended from time to time, or with a carrier, intermediate handler or
117		-	unlicensed exhibitor registered under 7 USC 2136, as amended from
118		-	time to time, to conduct such transport, purchase, exhibition or use.
119		-	Sec. 2. Subsection (d) of section 26-311 of the general statutes is
120		-	repealed and the following is substituted in lieu thereof (Effective October
121		-	1, 2021):
122		-	(d) Nothing in section 1 of this act, sections 26-303 to 26-312, inclusive,
123		-	or any regulations adopted pursuant to said sections shall prohibit
124		-	transportation through this state of any endangered or threatened
125		-	species in accordance with the terms of any permit issued under the
126		-	laws of another state provided the person in possession of an
127		-	endangered or threatened species can prove legal possession of the
128		-	species.
	81	+	specimen of a big six African species, or (B) a second offense shall have 50
	82	+	committed an infraction if such person previously violated the 51
	83	+	provisions of this section, but was not found to have committed an 52
	84	+	infraction because he or she in good faith at the time of such previous 53
	85	+	offense was unaware that he or she was importing, possessing, selling, 54
	86	+	offering for sale or transporting any specimen of a big six African 55
	87	+	species. 56
	88	+	(2) Any person who subsequently violates the provisions of this 57
	89	+	section and whose immediate previous offense for a violation of this 58
	90	+	section was an infraction under subdivision (1) of this subsection shall 59
	91	+	be guilty of a class B misdemeanor. 60
	92	+	(3) Any person who violates the provisions of this section for any 61
	93	+	offense subsequent to an offense under subdivision (2) of this subsection 62
	94	+	shall be guilty of a class D felony. 63
	95	+	(g) Any specimen of a big six African species and any other property 64
	96	+	or item that is seized and held pursuant to this section shall be forfeited 65
	97	+	and, upon such forfeiture, destroyed if seized from any person who is 66
	98	+	(1) found to have violated the provisions of this section under 67
	99	+	subdivision (1) of subsection (f) of this section, whether or not such 68
	100	+	violation constitutes an infraction, (2) convicted under subdivision (2) 69
	101	+	or (3) of subsection (f) of this section, or (3) restrained by a judgment 70
	102	+	from importing, possessing, selling, offering for sale or transporting any 71
	103	+	specimen of a big six African species on the grounds that such activity 72
	104	+	is or would be a violation of the provisions of this section. Nothing in 73
	105	+	this subsection shall be construed to require or authorize the destruction 74
	106	+	of a living specimen of a big six African species. 75
	107	+	(h) Nothing in this section shall be construed to apply to the 76
	108	+	importing, possessing, selling, offering for sale or transporting of ivory 77
	109	+	in this state. 78
	110	+	(i) Nothing in this section shall be construed to apply to the 79
	111	+	importing, transporting or possessing of a live big six African species by 80 Substitute Bill No. 925
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	118	+	any zoological institution or circus. 81
	119	+	(j) Nothing in this section shall be construed to apply to the 82
	120	+	transportation, purchase, exhibition or use of any animal in a motion 83
	121	+	picture, television or digital media production by a motion picture, 84
	122	+	television or digital media production company that employs or 85
	123	+	contracts with a dealer or exhibitor licensed pursuant to 7 USC 2133, as 86
	124	+	amended from time to time, or with a carrier, intermediate handler or 87
	125	+	unlicensed exhibitor registered under 7 USC 2136, as amended from 88
	126	+	time to time, to conduct such transport, purchase, exhibition or use. 89
	127	+	Sec. 2. Subsection (d) of section 26-311 of the general statutes is 90
	128	+	repealed and the following is substituted in lieu thereof (Effective October 91
	129	+	1, 2021: 92
	130	+	(d) Nothing in section 1 of this act, sections 26-303 to 26-312, inclusive, 93
	131	+	or any regulations adopted pursuant to said sections shall prohibit 94
	132	+	transportation through this state of any endangered or threatened 95
	133	+	species in accordance with the terms of any permit issued under the 96
	134	+	laws of another state provided the person in possession of an 97
	135	+	endangered or threatened species can prove legal possession of the 98
	136	+	species. 99
	137	+	This act shall take effect as follows and shall amend the following
	138	+	sections:
	139	+
	140	+	Section 1 October 1, 2021 New section
	141	+	Sec. 2 October 1, 2021 26-311(d)
	142	+
	143	+	JUD Joint Favorable Subst.
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