JOURNAL OF THE SENATE

Thursday, May 18, 2017

The Senate was called to order at 12: 10 p. m. , the President in the Chair.

The prayer was offered by the Deputy Chaplain, Monsignor Gerard G. Schmitz of Hartford, Connecticut.

The following is the prayer:

O God, our creator and sustainer, guide the members of our State Senate this day with wisdom, vision, creativity, and a commitment to resolve the issues that face our State in this challenging time. May we always keep before us those who are most vulnerable and are lacking in the basic necessities of life that most of us enjoy.

We are grateful for the determined efforts of our Senators and those who collaborate with them and for the extended hours that they have given to their constituents through meetings, caucuses and votes.

We pray in a special way, today, for our Nation as it faces many challenges both domestically and internationally. May the power of your grace, O Lord, bring healing to our divisions and may we always keep before us the words of our pledge that we are one nation, comprised of people of every race, creed and origin.

Bless our First Responders and the men and women of our State who are serving in the armed forces at home and overseas. Protect them from all harm and bring them home safely to their families.

Gracious God, bless and guide, the members of this Assembly, our families, and all who call Connecticut their home. May we all enjoy the beauty and natural resources with which you have blessed our the State of Connecticut. You who live and reign for ever and ever. Amen.

PLEDGE

Senator Kissel of the 7th led the Senate in the Pledge of Allegiance.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE JOINT RESOLUTIONS

The following favorable reports of the Joint Standing Committees were received from the House, read the second time and tabled for the calendar.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 112 RESOLUTION CONFIRMING THE NOMINATION OF THE HONORABLE ELIZABETH A. BOZZUTO OF WATERTOWN TO BE A MEMBER OF THE JUDICIAL REVIEW COUNCIL AS A SUPERIOR COURT JUDGE.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 113 RESOLUTION CONFIRMING THE NOMINATION OF ERIC J. GEORGE OF GLASTONBURY TO BE A MEMBER OF THE CRIMINAL JUSTICE COMMISSION.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 114 RESOLUTION CONFIRMING THE NOMINATION OF MICHELE C. MOUNT, ESQUIRE OF MONROE TO BE A HUMAN RIGHTS REFEREE.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 115 RESOLUTION CONFIRMING THE NOMINATION OF ERICK A. RUSSELL OF NEW HAVEN TO BE A MEMBER OF THE CRIMINAL JUSTICE COMMISSION.

EXECUTIVE AND LEGISLATIVE NOMINATIONS. H. J. No. 116 RESOLUTION CONFIRMING THE NOMINATION OF NICHOLAS KAPOOR OF MONROE TO BE A MEMBER OF THE COMMISSION ON HUMAN RIGHTS AND OPPORTUNITIES.

BUSINESS FROM THE HOUSE

FAVORABLE REPORTS OF THE JOINT STANDING COMMITTEES

HOUSE BILLS

The following favorable reports of the Joint Standing Committees were received from the House, read the second time and tabled for the calendar.

BANKING. Substitute for H. B. No. 7032 (RAISED) (File Nos. 185 and 775) AN ACT REGARDING THE OFFICE OF THE STATE TREASURER'S RECOMMENDED REVISIONS TO THE ACHIEVING A BETTER LIFE EXPERIENCE PROGRAM. (As amended by House Amendment Schedule "A").

HIGHER EDUCATION AND EMPLOYMENT ADVANCEMENT. Substitute for H. B. No. 7212 (RAISED) (File Nos. 459 and 776) AN ACT CONCERNING THE PROMOTION OF LOAN FORGIVENESS PROGRAMS. (As amended by House Amendment Schedule "A").

JUDICIARY. Substitute for H. B. No. 7060 (RAISED) (File Nos. 187 and 716) AN ACT PROHIBITING THE DISCLOSURE OF IDENTIFYING INFORMATION OF DEPARTMENT OF HOUSING PROGRAM PARTICIPANTS.

JUDICIARY. Substitute for H. B. No. 7304 (RAISED) (File No. 642) AN ACT CONCERNING COMPUTER EXTORTION BY USE OF RANSOMWARE.

BUSINESS ON THE CALENDAR

FAVORABLE REPORT OF THE JOINT STANDING COMMITTEE

SENATE AMENDMENT PREVIOUSLY ADOPTED

BILL PREVIOUSLY MARKED PASSED TEMPORARILY

SENATE AMENDMENTS ADOPTED

BILL REFERRED TO COMMITTEE ON JUDICIARY

The following favorable report was taken from the table, read the third time, the report of the Committee accepted and the bill as amended was referred to the Committee on Judiciary.

ENVIRONMENT. Substitute for S. B. No. 522 (COMM) (File No. 241) AN ACT AUTHORIZING BEAR HUNTING IN CONNECTICUT. (As amended by Senate Amendment Schedule "A").

Senator Miner of the 30th explained the bill as previously amended and moved passage.

The chair ordered the vote be taken by roll call.

Senator Duff of the 25th moved to cancel the roll call vote.

On a voice vote, the motion was adopted.

Remarking was Senator Duff of the 25th.

Senator Miner of the 30th offered Senate Amendment Schedule “B” (LCO 7396) and moved adoption.

Remarking were Senators Berthel of the 32nd, Formica of the 20th, McLachlan of the 24th, Winfield of the 10th, Suzio of the 13th, Fasano of the 34th, Logan of the 17th, Markley of the 16th, and Bye of the 5th.

On a voice vote, Senate Amendment Schedule “B” (LCO 7396) was adopted.

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. Section 26-86a of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) (1) The commissioner shall establish by regulation adopted in accordance with the provisions of chapter 54 standards for deer management, and methods, regulated areas, bag limits, seasons and permit eligibility for hunting deer with bow and arrow, muzzleloader and shotgun, except that no such hunting shall be permitted on Sunday by any means other than with bow and arrow on private property pursuant to section 26-73, as amended by this act. No person shall hunt, pursue, wound or kill deer with a firearm without first obtaining a deer permit from the commissioner in addition to the license required by section 26-27. Application for such permit shall be made on forms furnished by the commissioner and containing such information as he may require. Such permit shall be of a design prescribed by the commissioner, shall contain such information and conditions as the commissioner may require, and may be revoked for violation of any provision of this chapter or regulations adopted pursuant thereto. As used in this section, "muzzleloader" means a rifle or shotgun of at least forty-five caliber, incapable of firing a self-contained cartridge, which uses powder, a projectile, including, but not limited to, a standard round ball, mini-balls, maxi-balls and Sabot bullets, and wadding loaded separately at the muzzle end, and "rifle" means a long gun the projectile of which is six millimeters or larger in diameter. The fee for a firearms permit shall be nineteen dollars for residents of the state and sixty-eight dollars for nonresidents, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a firearms permit for the same fee as is charged a resident of the state. The commissioner shall issue, without fee, a private land deer permit to the owner of ten or more acres of private land and the husband or wife, parent, grandparent, sibling and any lineal descendant of such owner, provided no such owner, husband or wife, parent, grandparent, sibling or lineal descendant shall be issued more than one such permit per season. Such permit shall allow the use of a rifle, shotgun, muzzleloader or bow and arrow on such land from November first to December thirty-first, inclusive. Deer may be so hunted at such times and in such areas of such state-owned land as are designated by the Commissioner of Energy and Environmental Protection and on privately owned land with the signed consent of the landowner, on forms furnished by the department, and such signed consent shall be carried by any person when so hunting on private land. The owner of ten acres or more of private land may allow the use of a rifle to hunt deer on such land during the shotgun season. The commissioner shall determine, by regulation, the number of consent forms issued for any regulated area established by said commissioner. The commissioner shall provide for a fair and equitable random method for the selection of successful applicants who may obtain shotgun and muzzleloader permits for hunting deer on state lands. Any person whose name appears on more than one application for a shotgun permit or more than one application for a muzzleloader permit shall be disqualified from the selection process for such permit. No person shall hunt, pursue, wound or kill deer with a bow and arrow without first obtaining a bow and arrow permit pursuant to section 26-86c, as amended by this act. "Bow and arrow", as used in this section and in section 26-86c, as amended by this act, means a bow with a draw weight of not less than forty pounds. The arrowhead shall have two or more blades and may not be less than seven-eighths of an inch at the widest point. No person shall carry firearms of any kind while hunting with a bow and arrow under this section and section 26-86c, as amended by this act.

(2) Any regulations adopted pursuant to subsection (a) of this section may provide for the hunting of black bear in Litchfield County provided any such regulations: (A) Permit the taking of black bear during the first year of such hunting at a rate that does not exceed five per cent of the total black bear population in the state as of the effective date of this section, and (B) require the submission of a report to the joint standing committee of the General Assembly having cognizance of matters relating to the environment one year after the beginning of such black bear hunting that includes information on the number of black bear taken pursuant to such hunting, the number of licenses issued by the department to hunt such black bear and any recommendations of the commissioner for any modifications to such black bear hunting in the state.

(b) Any person who takes a deer or black bear without a permit shall be fined not less than two hundred dollars or more than five hundred dollars or imprisoned not less than thirty days or more than six months or shall be both fined and imprisoned, for the first offense, and for each subsequent offense shall be fined not less than two hundred dollars or more than one thousand dollars or imprisoned not more than one year or shall be both fined and imprisoned. The provisions of this subsection concerning black bear shall only be applicable after the commissioner adopts regulations pursuant to subdivision (2) of subsection (a) of this section.

Sec. 2. Section 26-86b of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

The commissioner shall issue tags to be attached to the carcass of any deer killed under the provisions of sections 26-82 and 26-86a to 26-86c, inclusive, as amended by this act, which tag shall be immediately attached to such deer and remain affixed until such carcass is dressed and butchered and packaged for consumption. Each person so taking deer shall, within twenty-four hours, report such kill to the commissioner on a form furnished by him. The provisions of this section shall apply to black bear when the commissioner adopts regulations in accordance with section 26-86a, as amended by this act.

Sec. 3. Section 26-86c of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

No person may hunt deer, black bear or small game with a bow and arrow under the provisions of this chapter without a valid permit issued by the Commissioner of Energy and Environmental Protection pursuant to this section or section 26-86a, as amended by this act, for persons hunting deer or black bear with bow and arrow under private land deer and black bear permits issued free to qualifying landowners, or their husbands or wives, parents, grandparents, lineal descendants or siblings under that section. The fee for such bow and arrow permit to hunt deer, black bear and small game shall be forty-one dollars for residents and one hundred thirty-five dollars for nonresidents, or nineteen dollars for any person twelve years of age or older but under sixteen years of age, except that any nonresident who is an active full-time member of the armed forces, as defined in section 27-103, may purchase a bow and arrow permit to hunt deer, black bear and small game for the same fee as is charged a resident of the state. The provisions of this section concerning black bear shall only be applicable after the commissioner adopts regulations in accordance with section 26-86a, as amended by this act. Permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants therefor by the Commissioner of Energy and Environmental Protection, in such form as said commissioner prescribes. Applications shall be made on forms furnished by the commissioner containing such information as he may require and all such application forms shall have printed thereon: "I declare under the penalties of false statement that the statements herein made by me are true and correct. " Any person who makes any material false statement on such application form shall be guilty of false statement and shall be subject to the penalties provided for false statement and said offense shall be deemed to have been committed in the town in which the applicant resides. No such application shall contain any material false statement. On and after January 1, 2002, permits to hunt with a bow and arrow under the provisions of this chapter shall be issued only to qualified applicants who have successfully completed the conservation education bow hunting course as specified in section 26-31 or an equivalent course in another state.

Sec. 4. Subsection (a) of section 26-28 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

(a) Except as provided in subsections (b) to (f), inclusive, of this section, the fees for firearms hunting, archery hunting, trapping and sport fishing licenses or for the combination thereof shall be as follows: (1) Resident firearms hunting license, nineteen dollars; (2) resident fishing license, twenty-eight dollars; (3) resident marine waters fishing license, ten dollars; (4) one-day resident marine waters fishing license, five dollars; (5) resident all-waters fishing license, thirty-two dollars; (6) resident combination license to fish in inland waters and firearms hunt, thirty-eight dollars; (7) resident combination license to fish in marine waters and firearms hunt, twenty-five dollars; (8) resident combination license to fish in all waters and firearms hunt, forty dollars; (9) resident combination license to fish in all waters and bow and arrow permit to hunt deer, black bear and small game issued pursuant to section 26-86c, as amended by this act, sixty-five dollars; (10) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer and black bear permit issued pursuant to section 26-86a, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, seventy dollars; (11) resident archery super sport license to fish in all waters, bow and arrow permit to hunt deer, black bear and small game issued pursuant to section 26-86c, as amended by this act, and permit to hunt wild turkey during the spring season on private land issued pursuant to section 26-48a, eighty-two dollars; (12) resident firearms super sport license to fish in all waters and firearms hunt, firearms private land shotgun or rifle deer and black bear permit, muzzleloader private land deer and black bear permit, pursuant to section 26-86 and private land permit to hunt wild turkey during spring season pursuant to section 26-48a, eighty-four dollars; (13) resident firearms super sport license to fish in all waters and firearms hunt, migratory bird conservation stamp, and migratory bird harvest permit (HIP), fifty dollars; (14) resident trapping license, thirty-four dollars; (15) resident junior trapping license for persons under sixteen years of age, eleven dollars; (16) junior firearms hunting license, eleven dollars; (17) nonresident firearms hunting license, ninety-one dollars; (18) nonresident inland waters fishing license, fifty-five dollars; (19) nonresident inland waters fishing license for a period of three consecutive days, twenty-two dollars; (20) nonresident marine waters fishing license, fifteen dollars; (21) nonresident marine waters fishing license for a period of three consecutive days, eight dollars; (22) nonresident all-waters fishing license, sixty-three dollars; (23) nonresident combination license to firearms hunt and inland waters fish, one hundred ten dollars; (24) nonresident combination license to fish in all waters and firearms hunt, one hundred twenty dollars; (25) nonresident combination license to fish in marine waters and firearms hunt, ninety-four dollars; and (26) nonresident trapping license, two hundred fifty dollars. The provisions of this section concerning black bear shall only be applicable after the commissioner adopts regulations in accordance with section 26-86a, as amended by this act. Persons sixty-five years of age and over who have been residents of this state for not less than one year and who meet the requirements of subsection (b) of section 26-31 may be issued an annual license to firearms hunt or to fish or combination license to fish and firearms hunt or a license to trap without fee. The issuing agency shall indicate on a combination license the specific purpose for which such license is issued. The town clerk shall retain a recording fee of one dollar for each license issued by such clerk.

Sec. 5. Section 26-73 of the general statutes is repealed and the following is substituted in lieu thereof (Effective October 1, 2017):

Sunday shall be a closed season except for hunting deer or black bear with bow and arrow on private property and for the purpose of trapping under the provisions of this chapter. The possession in the open air on Sunday of any implement for hunting, except for bow and arrow, shall be prima facie evidence of hunting in violation of the provisions of this section. No provision of this section shall be construed so as to affect any provision of section 26-31, 26-48, 26-52 or 27-35. Artificially propagated birds designated by the commissioner may be shot on Sundays on licensed private shooting preserves subject to such regulations of the commissioner as may apply to such private shooting preserves, provided permission so to shoot has been obtained from the town or towns within which such licensed private shooting preserves are located. Any person who hunts deer or black bear on Sunday with bow and arrow on private property pursuant to this section shall: (1) Conduct such hunting only in deer or black bear management zones determined by the Department of Energy and Environmental Protection to be overpopulated and only in accordance with and pursuant to the wildlife management principles and practices established by the Commissioner of Energy and Environmental Protection, (2) have the written permission of the private property owner where such hunting is conducted, and (3) carry such written permission upon his or her person during the hunting. No person shall hunt with bow and arrow on Sunday on private property pursuant to this section within forty yards of a blazed hiking trail. The provisions of this section concerning black bear shall only be applicable after the commissioner adopts regulations in accordance with section 26-86a, as amended by this act. "

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

Section 1

October 1, 2017

26-86a

Sec. 2

October 1, 2017

26-86b

Sec. 3

October 1, 2017

26-86c

Sec. 4

October 1, 2017

26-28(a)

Sec. 5

October 1, 2017

26-73

Senator Bye of the 5th offered Senate Amendment “C” (LCO 7396) and moved adoption.

Remarking were Senators Miner of the 30th, Frantz of the 36th, Suzio of the 13th and Fasano of the 34th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 26 p. m. :

Total Number Voting 35

Necessary for Adoption 18

Those voting Yea 16

Those voting Nay 19

Those absent and not voting 1

On the roll call vote, Senate Amendment Schedule “C” (LCO 7304) was rejected.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

A

   

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

   

N

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

   

N

21

KEVIN KELLY

   

N

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

   

N

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof:

"Section 1. (NEW) (Effective July 1, 2018) (a) For the purposes of this section:

(1) "Bona fide educational or scientific institution" means an institution that establishes through documentation either of the following: (A) An educational or scientific tax exemption, from the federal Internal Revenue Service or such institution's national or state tax authority; or (B) accreditation as an educational or scientific institution, from a qualified national or state authority for the institution's location;

(2) "Ivory" means a tooth or tusk from a species of elephant, hippopotamus, walrus, whale, or narwhal, or a piece thereof, including any product that contains or that is advertised as containing ivory;

(3) "Rhinoceros horn" means the horn or a piece or derivative thereof, such as powder, of a species of rhinoceros, including any product containing or advertised as containing rhinoceros horn;

(4) "Sale" or "sell" means selling, trading, bartering for monetary or nonmonetary consideration, or giving away in conjunction with a commercial transaction; and

(5) "Total value" means either the fair market value or the actual price paid for ivory or rhinoceros horn, whichever is greater.

(b) Except as provided in subsections (c) and (d) of this section, no person shall purchase, sell, offer for sale or possess with the intent to sell any ivory or rhinoceros horn.

(c) The prohibitions in subsection (b) of this section shall not apply to any of the following:

(1) Any employee or agent of the federal or state government undertaking a law enforcement activity pursuant to federal or state law or a mandatory duty required by federal law;

(2) Any activity expressly authorized by federal law;

(3) Ivory that is part of an antique provided:

(A) Such ivory was removed from the wild prior to February 26, 1976, if such ivory is elephant ivory;

(B) Such ivory is a fixed component of a larger manufactured item and is not, in its current form, the primary source of the total value for such item;

(C) The total volume of the ivory component is less than twenty per cent;

(D) The manufactured item is not made wholly or primarily of ivory;

(E) The ivory is not raw, unaltered or minimally changed by carving; and

(F) The owner or seller provides historical documentation or a sworn affidavit executed by an expert demonstrating provenance that verifies that the antique is not less than one hundred years old;

(4) The noncommercial transfer of ownership of ivory or rhinoceros horn to a legal beneficiary of an estate, trust or other inheritance; or

(5) The purchase, sale, offer for sale, or possession with intent to sell of an ivory or rhinoceros horn article by a bona fide educational or scientific institution or a museum.

(d) The prohibitions in subsection (b) of this section shall not apply to ivory that is part of a musical instrument that was made prior to February 26, 1976.

(e) It shall be presumptive evidence of possession with intent to sell ivory or rhinoceros horn if the ivory or rhinoceros horn is possessed in a retail or wholesale outlet commonly used for the buying or selling of similar items. Such presumption shall not preclude a finding of intent to sell based on any other evidence that may serve to independently establish such intent.

(f) Any person who violates any provision of this section or any rule, regulation, or order adopted pursuant to this section shall be guilty of a ·class B misdemeanor provided: (1) For the first offense, such person shall be fined not less than three thousand dollars or an amount equal to two times the total value of the article involved, whichever is greater, or imprisoned for not more than six months, or both; and (2) for a second or any subsequent violation, such person shall be fined not less than six thousand dollars or an amount equal to three times the total value of the article involved, whichever is greater, or imprisoned not more than one year, or both.

(g) Upon conviction or other entry of judgment for a violation of this section, any seized ivory or rhinoceros horn shall be forfeited and, upon forfeiture, either be maintained by the Department of Energy and Environmental Protection for educational or training purposes, donated by the department to a bona fide educational or scientific institution or destroyed.

(h) The Commissioner of Energy and Environmental Protection, in consultation with the Attorney General, may adopt regulations, in accordance with chapter 54 of the general statutes, to implement the provisions of this section. "

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

Section 1

July 1, 2018

New section

Senator Duff of the 25th offered Senate Amendment Schedule “D” (LCO 7305) and moved adoption.

Remarking were Senators Miner of the 30th, Fasano of the 34th and Looney of the 11th.

The chair ordered the vote be taken by roll call.

The following is the result of the vote at 2: 39 p. m. :

Total Number Voting 36

Necessary for Adoption 19

Those voting Yea 18

Those voting Nay 18

Those absent and not voting 0

The President announced she would vote Yea. On the roll call vote, Senate Amendment Schedule “D” (LCO 7305) was adopted.

The following is the roll call vote:

 

Y

 

1

JOHN W. FONFARA

 

Y

 

19

CATHERINE A. OSTEN

 

Y

 

2

DOUGLAS MCCRORY

   

N

20

PAUL M. FORMICA

 

Y

 

3

TIM LARSON

   

N

21

KEVIN KELLY

 

Y

 

4

STEVE CASSANO

 

Y

 

22

MARILYN MOORE

 

Y

 

5

BETH BYE

 

Y

 

23

EDWIN A. GOMES

 

Y

 

6

TERRY B. GERRATANA

   

N

24

MICHAEL A. MCLACHLAN

   

N

7

JOHN A. KISSEL

 

Y

 

25

BOB DUFF

   

N

8

KEVIN D. WITKOS

   

N

26

TONI BOUCHER

 

Y

 

9

PAUL DOYLE

 

Y

 

27

CARLO LEONE

 

Y

 

10

GARY WINFIELD

   

N

28

TONY HWANG

 

Y

 

11

MARTIN M. LOONEY

 

Y

 

29

MAE M. FLEXER

 

Y

 

12

TED KENNEDY

   

N

30

CRAIG MINER

   

N

13

LEN SUZIO

   

N

31

HENRI MARTIN

 

Y

 

14

GAYLE SLOSSBERG

   

N

32

ERIC BERTHEL

 

Y

 

15

JOAN V. HARTLEY

   

N

33

ART LINARES

   

N

16

JOE MARKLEY

   

N

34

LEONARD FASANO

   

N

17

GEORGE LOGAN

   

N

35

ANTHONY GUGLIELMO

   

N

18

HEATHER SOMERS

   

N

36

L. SCOTT FRANTZ

The following is the Amendment:

Strike everything after the enacting clause and substitute the following in lieu thereof:

"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)

Remarking were Senators Fasano of the 34th, Looney of the 11th and Kissel of the 7th.

On the motion of Senator Duff of the 25th, the bill as amended by Senate Amendments Schedule “A” (LCO 6744), “B” (LCO 7396) and “D” (LCO 7305) was referred to the Committee on Judiciary.

IMMEDIATE TRANSMITTAL TO COMMITTEE

On the motion of Senator Duff of the 25th, the bill referred to Committee was immediately transmitted to the Committees indicated for further action.

ADJOURNMENT

On motion of Senator Duff of the 25th, the Senate at 2: 45 p. m. adjourned subject to the call of the chair.