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3 | 3 | | |
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4 | 4 | | ______________________________ ______________________________ 1 |
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5 | 5 | | Councilmember Brianne K. Nadeau Councilmember Vincent C. Gray 2 |
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6 | 6 | | ______________________________ ______________________________ 3 |
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7 | 7 | | Councilmember Robert White, Jr. Councilmember Charles Allen 4 |
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8 | 8 | | ______________________________ ______________________________ 5 |
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9 | 9 | | Councilmember Brooke Pinto Councilmember Kenyan R. McDuffie 6 |
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10 | 10 | | ______________________________ ______________________________ 7 |
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11 | 11 | | Councilmember Anita Bonds Councilmember Janeese Lewis George 8 |
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12 | 12 | | ______________________________ ______________________________ 9 |
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13 | 13 | | Councilmember Zachary Parker Councilmember Matthew Frumin 10 |
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14 | 14 | | 11 |
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15 | 15 | | A BILL 12 |
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16 | 16 | | ____________ 13 |
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17 | 17 | | IN THE COUNCIL OF THE DISTRICT OF COLUMBIA 14 |
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18 | 18 | | ____________ 15 |
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19 | 19 | | To prohibit the sale of animal fur products. 16 |
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20 | 20 | | 17 |
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21 | 21 | | BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this 18 |
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22 | 22 | | act may be cited as the “Fur Products Prohibition Act of 2023”. 19 |
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23 | 23 | | Sec. 2. Definitions. 20 |
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24 | 24 | | For purposes of this Act, the Term: 21 |
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25 | 25 | | 2 |
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26 | 26 | | |
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27 | 27 | | (1) “Fur” means any animal skin or part thereof with hair, fleece, or fur fibers 22 |
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28 | 28 | | attached thereto, either in its raw or processed state. 23 |
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29 | 29 | | (2) “Fur product” means any article of clothing or covering, or any fashion 24 |
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30 | 30 | | accessory, including, but not limited to, handbags, shoes, slippers, hats, earmuffs, scarves, 25 |
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31 | 31 | | shawls, gloves, jewelry or key chains, and home accessories and décor, that is made in whole or 26 |
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32 | 32 | | part of fur. The term “Fur product” does not include: 27 |
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33 | 33 | | (A) An animal skin or part thereof that is to be converted into leather, or 28 |
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34 | 34 | | which in processing will have the hair, fleece, or fur fiber completely removed; 29 |
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35 | 35 | | (B) Cowhide with the hair attached thereto; 30 |
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36 | 36 | | (C) Lambskin or sheepskin with the fleece attached thereto; or 31 |
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37 | 37 | | (D) The pelt or skin of any animal that is preserved through taxidermy or 32 |
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38 | 38 | | for the purpose of taxidermy. 33 |
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39 | 39 | | (3) “Non-profit organization” means any corporation that is organized under 26 34 |
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40 | 40 | | U.S.C. Section 501(c)(3). 35 |
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41 | 41 | | (4) “Person” means an individual, firm, partnership, joint venture, association, 36 |
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42 | 42 | | limited liability company, corporation, estate, trust, receiver, or syndicate. 37 |
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43 | 43 | | (5) “Taxidermy” means the practice of preparing and preserving the skin of an 38 |
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44 | 44 | | animal that is deceased and stuffing and mounting it in lifelike form. 39 |
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45 | 45 | | (6) “Ultimate consumer” means an individual who buys a fur product for their 40 |
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46 | 46 | | own use, or for the use of another, but not for resale or trade. 41 |
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47 | 47 | | (7) “Used fur product” means a fur product that has been worn or used by an 42 |
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48 | 48 | | ultimate consumer. 43 |
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49 | 49 | | Sec. 3. Prohibition. 44 |
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50 | 50 | | 3 |
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51 | 51 | | |
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52 | 52 | | (a) It is unlawful to sell, offer for sale, display for sale, trade, or otherwise distribute for 45 |
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53 | 53 | | monetary or nonmonetary consideration any fur product in the District of Columbia. For 46 |
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54 | 54 | | purposes of this Chapter, the sale of a fur product shall be deemed to occur in the District of 47 |
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55 | 55 | | Columbia if: 48 |
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56 | 56 | | (1) the buyer takes physical possession of the fur product in the District; or 49 |
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57 | 57 | | (2) the seller is located in the District. 50 |
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58 | 58 | | (b) Notwithstanding subsection (a) of this section, it shall not be unlawful for a person to 51 |
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59 | 59 | | sell offer for sale, display for sale, trade, or otherwise distribute for monetary or nonmonetary 52 |
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60 | 60 | | consideration: 53 |
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61 | 61 | | (1) A used fur product by an individual, non-profit organization or second-hand 54 |
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62 | 62 | | store, including a pawn shop; 55 |
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63 | 63 | | (2) A fur product required for use in religious practice; or 56 |
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64 | 64 | | (3) A fur product where the activity is expressly authorized by federal law. 57 |
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65 | 65 | | Sec. 4. Penalty. 58 |
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66 | 66 | | A person who violates section 3 shall be subject to a civil penalty of up to $500; 59 |
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67 | 67 | | provided: 60 |
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68 | 68 | | (1) For a violation that occurs within one year of a previous violation, a civil 61 |
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69 | 69 | | penalty of up to $750; and 62 |
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70 | 70 | | (2) For a violation that occurs within one year of a second or subsequent 63 |
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71 | 71 | | violation, a civil penalty of up to $1,000. 64 |
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72 | 72 | | Sec. 5. Fiscal Impact Statement 65 |
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73 | 73 | | 4 |
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74 | 74 | | |
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75 | 75 | | The Council adopts the fiscal impact statement in the committee report as the fiscal 66 |
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76 | 76 | | impact statement required by section 4a of the General Legislative Procedures Act of 1975, 67 |
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77 | 77 | | approved October 16, 2006 (120 Stat. 2038; D.C. Official Code § 1-301.47a). 68 |
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78 | 78 | | Sec. 6. Effective date. 69 |
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79 | 79 | | This act shall take effect following approval by the Mayor (or in the event of veto by the 70 |
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80 | 80 | | Mayor, action by the Council to override the veto), a 30-day period of congressional review as 71 |
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81 | 81 | | provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 72 |
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82 | 82 | | 24, 1973 (87 Stat. 813; D.C. Official Code § 1-206.02(c)(1)), and publication in the District of 73 |
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83 | 83 | | Columbia Register. 74 |
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