Connecticut Seal

General Assembly

 

Raised Bill No. 942

January Session, 2017

 

LCO No. 4094

 

*04094_______ENV*

Referred to Committee on ENVIRONMENT

 

Introduced by:

 

(ENV)

 

AN ACT CONCERNING CECIL'S LAW.

Be it enacted by the Senate and House of Representatives in General Assembly convened:

Section 1. (NEW) (Effective October 1, 2017) (a) For purposes of this section, "big five African species" means any specimen of any of the following members of the animal kingdom: African elephant (loxodonta africana), African lion (panthera leo), African leopard (panthera pardus pardus), black rhinoceros (diceros bicornis) and white rhinoceros (ceratotherium simum cottoni), including any part, product or offspring thereof, or the dead body or parts thereof, except fossils, whether or not it is included in a manufactured product or in a food product.

(b) No person shall import, possess, sell, offer for sale or transport in this state any big five African species.

(c) Any law enforcement officer shall have authority to enforce the provisions of this section and, whenever necessary, to execute any warrant to search for and seize any big five African species imported, possessed, sold, offered for sale or transported in violation of this section.

(d) Unless such activity is otherwise prohibited by federal law, the provisions of subsection (b) of this section shall not apply if any of the following conditions exist: (1) Such specimen of a big five African species was located or possessed within the state prior to the effective date of this section and the legal owner of such specimen obtained a certificate of possession from the Commissioner of Energy and Environmental Protection; (2) such specimen of a big five African species is to be part of a temporary or permanent collection of a museum that has a tax exemption from the federal Internal Revenue Service as an educational or scientific institution, provided such specimen is not subsequently sold, offered for sale, traded, bartered or distributed to any other party; or (3) such specimen of a big five African species is distributed directly to a legal beneficiary of a trust or to a legal heir provided: (A) Such specimen was located or possessed by the decedent prior to the effective date of this section, (B) such beneficiary or heir does not subsequently sell, offer for sale, trade, barter or distribute such specimen to any other person, and (C) such beneficiary or heir obtains a certificate of possession from the Commissioner of Energy and Environmental Protection not later than one hundred eighty days after receipt of such specimen.

(e) Any specimen of a big five African species and any other property or item used in connection with a violation of the provisions of this section shall be seized and held pending any criminal proceeding pursuant to this section.

(f) Any person who violates the provisions of this section shall be guilty of a felony and fined not more than ten thousand dollars and imprisoned not more than two years, or both.

(g) Upon conviction of a person for violation of the provisions of this section or upon the entry of a judgment restraining a defendant from importing, possessing, selling, offering for sale or transporting any specimen of a big five African species on the grounds that such activity is or would be a violation of the provisions of this section, any specimen of a big five African species and any other property or item that is seized and held pursuant to this section shall be forfeited and, upon such forfeiture, destroyed, provided nothing in this subsection shall be construed to require or authorize the destruction of a living specimen of a big five African species.

(h) Nothing in this section shall be construed to apply to the importing, possessing, selling, offering for sale or transporting of ivory in this state.

(i) Nothing in this section shall be construed to apply to the importing, transporting or possessing of a live big five African species by any zoological institution or circus.

Sec. 2. Subsection (d) of section 26-311 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(d) Nothing in section 1 of this act or sections 26-303 to 26-312, inclusive, or any regulations adopted pursuant to said sections shall prohibit transportation through this state of any endangered or threatened species in accordance with the terms of any permit issued under the laws of another state provided the person in possession of an endangered or threatened species can prove legal possession of the species.

This act shall take effect as follows and shall amend the following sections:

Section 1

October 1, 2017

New section

Sec. 2

October 1, 2017

26-311(d)

Statement of Purpose:

To prohibit the importation of big five African species.

[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not underlined.]