2013 -- H 5764 SUBSTITUTE A

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LC01770/SUB A

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO FISH AND WILDLIFE - INTERSTATE WILDLIFE VIOLATOR COMPACT

     Introduced By: Representative Patricia A. Serpa

     Date Introduced: February 28, 2013

     Referred To: House Judiciary

It is enacted by the General Assembly as follows:

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     SECTION 1. Title 20 of the General Laws entitled "FISH AND WILDLIFE" is hereby

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amended by adding thereto the following chapter:

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     CHAPTER 39

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INTERSTATE WILDLIFE VIOLATOR COMPACT

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     20-39-1. Interstate wildlife violator compact. – The interstate wildlife violator compact

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is entered with all states legally joining the compact, in the form substantially as follows:

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     ARTICLE I

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     Findings, Declaration of Policy and Purpose

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     (a) The participating states find that:

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     (1) Wildlife resources are managed in trust by the respective states for the benefit of all

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residents and visitors.

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     (2) The protection of the wildlife resources of a state is materially affected by the degree

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of compliance with state statutes, laws, regulations, ordinances, and administrative rules relating

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to the management of such resources.

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     (3) The preservation, protection, management, and restoration of wildlife contributes

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immeasurably to the aesthetic, recreational, and economic aspects of such natural resources.

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     (4) Wildlife resources are valuable without regard to political boundaries; therefore,

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every person should be required to comply with wildlife preservation, protection, management,

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and restoration laws, ordinances, and administrative rules and regulations of the participating

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states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or

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possess wildlife.

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     (5) Violation of wildlife laws interferes with the management of wildlife resources and

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may endanger the safety of persons and property.

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     (6) The mobility of many wildlife law violators necessitates the maintenance of channels

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of communication among the various states.

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     (7) In most instances, a person who is cited for a wildlife violation in a state other than

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his/her home state:

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     (i) Is required to post collateral or a bond to secure appearance for a trial at a later date; or

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     (ii) Is taken into custody until the collateral or bond is posted; or

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     (iii) Is taken directly to court for an immediate appearance.

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     (8) The purpose of the enforcement practices set forth in subdivision (7) is to ensure

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compliance with the terms of a wildlife citation by the cited person who, if permitted to continue

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on his/her way after receiving the citation, could return to his/her home state and disregard his/her

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duty under the terms of the citation.

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     (9) In most instances, a person receiving a wildlife citation in his/her home state is

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permitted to accept the citation from the officer at the scene of the violation and immediately

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continue on his/her way after agreeing or being instructed to comply with the terms of the

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citation.

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     (10) The practices described in subdivision (7) cause unnecessary inconvenience and, at

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times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand

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trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement

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is made.

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     (11) The enforcement practices described in subdivision (7) consume an undue amount of

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law enforcement time.

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     (b) It is the policy of the participating states to:

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     (1) Promote compliance with the statutes, laws, ordinances, regulations, and

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administrative rules relating to management of wildlife resources in their respective states.

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     (2) Recognize the suspension of wildlife license privileges of any person whose license

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privileges have been suspended by a participating state and treat such suspension as if it had

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occurred in their state.

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     (3) Allow a violator, except as provided in subsection (b) of Article III, to accept a

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wildlife citation and, without delay, proceed on his/her way, whether or not a resident of the state

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in which the citation was issued, provided that the violator’s home state is party to this compact.

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     (4) Report to the appropriate participating state, as provided in the compact manual, any

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conviction recorded against any person whose home state was not the issuing state.

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     (5) Allow the home state to recognize and treat convictions recorded against its residents,

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which convictions occurred in a participating state, as though they had occurred in the home state.

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     (6) Extend cooperation to its fullest extent among the participating states for enforcing

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compliance with the terms of a wildlife citation issued in one participating state to a resident of

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another participating state.

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     (7) Maximize effective use of law enforcement personnel and information.

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     (8) Assist court systems in the efficient disposition of wildlife violations.

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     (c) The purpose of this compact is to:

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     (1) Provide a means through which participating states may join in a reciprocal program

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to effectuate the policies enumerated in subsection (b) in a uniform and orderly manner.

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     (2) Provide for the fair and impartial treatment of wildlife violators operating within

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participating states in recognition of the violator’s right to due process and the sovereign status of

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a participating state.

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     ARTICLE II

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     Definitions

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     As used in this compact and sections 20-39-2 through 20-39-5, unless the context

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requires otherwise:

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     (1) “Citation” means any summons, complaint, summons and complaint, ticket, penalty

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assessment, or other official document issued to a person by a wildlife officer or other peace

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officer for a wildlife violation which contains an order requiring the person to respond.

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     (2) “Collateral” means any cash or other security deposited to secure an appearance for

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trial in connection with the issuance by a wildlife officer or other peace officer of a citation for a

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wildlife violation.

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     (3) “Compliance” with respect to a citation means the act of answering a citation through

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an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if

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any.

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     (4) "Conviction" means a final judgment, order, decree or decision of a court or

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administrative agency issued after notice and opportunity for hearing and containing a finding of

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guilt or violation of a state statute, law, regulation, ordinance or administrative rule.

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      (5) “Court” means a court of law, including magistrate’s court, and the justice of the

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peace court.

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     (6) “Home state” means the state of primary residence of a person.

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     (7) “Issuing state” means the participating state which issues a wildlife citation to the

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violator.

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     (8) “License” means any license, permit, or other public document which conveys to the

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person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife

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regulated by statute, law, regulation, ordinance, or administrative rule of a participating state.

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     (9) “Licensing authority” means the department or division within each participating state

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which is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess

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wildlife.

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     (10) “Participating state” means any state which enacts legislation to become a member

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of this wildlife compact.

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     (11) “Personal recognizance” means an agreement by a person made at the time of

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issuance of the wildlife citation that such person will comply with the terms of the citation.

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     (12) “State” means any state, territory, or possession of the United States, the District of

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Columbia, the Commonwealth of Puerto Rico, the Provinces of Canada, and other countries.

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     (13) “Suspension” means any revocation, denial, or withdrawal of any or all license

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privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by any

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license.

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     (14) “Terms of the citation” means those conditions and options expressly stated upon the

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citation.

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     (15) “Wildlife” means all species of animals including, but not limited to, mammals,

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birds, fish, reptiles, amphibians, mollusks, and crustaceans, which are defined as “wildlife” and

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are protected or otherwise regulated by statute, law, regulation, ordinance, or administrative rule

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in a participating state. Species included in the definition of “wildlife” vary from state to state and

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determination of whether a species is “wildlife” for the purposes of this compact shall be based

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on local law.

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     (16) “Wildlife law” means any statute, law, regulation, ordinance, or administrative rule

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developed and enacted for the management of wildlife resources and the uses thereof.

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     (17) “Wildlife officer” means any individual authorized by a participating state to issue a

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citation for a wildlife violation.

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     (18) “Wildlife violation” means any cited violation of a statute, law, regulation,

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ordinance, or administrative rule developed and enacted for the management of wildlife resources

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and the uses thereof.

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     ARTICLE III

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     Procedures for Issuing State

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     (a) When issuing a citation for a wildlife violation, a wildlife officer shall issue a citation

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to any person whose primary residence is in a participating state in the same manner as though

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the person were a resident of the issuing state and shall not require such person to post collateral

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to secure appearance, subject to the exceptions noted in subsection (b) if the officer receives the

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recognizance of such person that he/she will comply with the terms of the citation.

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     (b) Personal recognizance is acceptable:

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     (1) If not prohibited by state or local law or the compact manual; and

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     (2) If the violator provides adequate proof of identification to the wildlife officer.

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     (c) Upon conviction or failure of a person to comply with the terms of a wildlife citation,

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the appropriate official shall report the conviction or failure to comply to the licensing authority

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of the participating state in which the wildlife citation was issued. The report shall be made in

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accordance with procedures specified by the issuing state and shall contain information as

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specified in the compact manual as minimum requirements for effective processing by the home

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state.

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     (d) Upon receipt of the report of conviction or noncompliance pursuant to subsection (c),

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the licensing authority of the issuing state shall transmit to the licensing authority of the home

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state of the violator the information in form and content as prescribed in the compact manual.

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     ARTICLE IV

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     Procedure for Home State

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     (a) Upon receipt of a report from the licensing authority of the issuing state reporting the

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failure of a violator to comply with the terms of a citation, the licensing authority of the home

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state shall notify the violator and shall initiate a suspension action in accordance with the home

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state’s suspension procedures and shall suspend the violator’s license privileges until satisfactory

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evidence of compliance with the terms of the wildlife citation has been furnished by the issuing

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state to the home state licensing authority. All member states may honor a suspension based on

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failure to comply. Due process safeguards will be accorded.

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     (b) Upon receipt of a report of conviction from the licensing authority of the issuing state,

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the licensing authority of the home state may enter such conviction in its records and may treat

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such conviction as though it occurred in the home state for the purposes of the suspension of

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license privileges if the violation resulting in a suspension could have been the basis for

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suspension of license privileges in the home state.

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     (c) The licensing authority of the home state shall maintain a record of actions taken and

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shall make reports to issuing states as provided in the compact manual.

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     ARTICLE V

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     Reciprocal Recognition of Suspension

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     (a) All participating states shall recognize the suspension of license privileges of any

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person by any participating state as though the violation resulting in the suspension had occurred

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in their state and could have been the basis for suspension of license privileges in their state.

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     (b) Each participating state shall communicate suspension information to other

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participating states in form and content as contained in the compact manual.

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     ARTICLE VI

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     Applicability of Other Laws

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     Except as expressly required by provisions of this compact, nothing herein shall be

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construed to affect the right of any participating state to apply any of its laws relating to license

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privileges to any person or circumstance or to invalidate or prevent any agreement or other

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cooperative arrangement between a participating state and a nonparticipating state concerning

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wildlife law enforcement.

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     ARTICLE VII

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     Compact Administrator Procedures

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     (a) For the purpose of administering the provisions of this compact and to serve as a

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governing body for the resolution of all matters relating to the operation of this compact, a board

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of compact administrators is established. The board shall be composed of one representative from

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each of the participating states to be known as the compact administrator. The compact

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administrator shall be appointed by the head of the licensing authority of each participating state

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and shall serve and be subject to removal in accordance with the laws of the state he or she

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represents. A compact administrator may provide for the discharge of his or her duties and the

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performance of his or her functions as a board member by an alternate. An alternate shall not be

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entitled to serve unless written notification of his or her identity has been given to the board.

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     (b) Each member of the board of compact administrators shall be entitled to one vote. No

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action of the board shall be binding unless taken at a meeting at which a majority of the total

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number of the board’s votes are cast in favor thereof. Action by the board shall be only at a

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meeting at which a majority of the participating states are represented.

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     (c) The board shall elect annually from its membership a chairperson and vice-

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chairperson.

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     (d) The board shall adopt bylaws not inconsistent with the provisions of this compact or

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the laws of a participating state for the conduct of its business and shall have the power to amend

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and rescind its bylaws.

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     (e) The board may accept for any of its purposes and functions under this compact any

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and all donations and grants of moneys, equipment, supplies, materials, and services, conditional

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or otherwise, from any state, the United States, or any governmental agency, and may receive,

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utilize and dispose of same.

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     (f) The board may contract with, or accept services or personnel from, any governmental

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or intergovernmental agency, individual, firm, or corporation, or any private nonprofit

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organization or institution.

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     (g) The board shall formulate all necessary procedures and develop uniform forms and

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documents for administering the provisions of this compact. All procedures and forms adopted

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pursuant to board action shall be contained in a compact manual.

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     ARTICLE VIII

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     Entry into Compact and Withdrawal

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     (a) This compact shall become effective at such time as it is adopted in substantially

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similar form by two (2) or more states.

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     (b)(1) Entry into the compact shall be made by resolution of ratification executed by the

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authorized officials of the applying state and submitted to the chairman of the board.

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     (2) The resolution shall substantially be in the form and content as provided in the

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compact manual and shall include the following:

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     (i) A citation of the authority from which the state is empowered to become a party to this

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compact;

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     (ii) An agreement of compliance with the terms and provisions of this compact; and

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     (iii) An agreement that compact entry is with all states participating in the compact and

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with all additional states legally becoming a party to the compact.

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     (3) The effective date of entry shall be specified by the applying state, but shall not be

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less than sixty (60) days after notice has been given:

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     (i) By the chairperson of the board of the compact administrators; or

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     (ii) By the secretary of the board to each participating state that the resolution from the

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applying state has been received.

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     (c) A participating state may withdraw from participation in this compact by official

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written notice to each participating state, but withdrawal shall not become effective until ninety

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(90) days after the notice of withdrawal is given. The notice shall be directed to the compact

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administrator of each member state. No withdrawal of any state shall affect the validity of this

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compact as to the remaining participating states.

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     ARTICLE IX

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     Amendments to the Compact

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     (a) This compact may be amended from time to time. Amendments shall be presented in

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resolution form to the chairman of the board of compact administrators and shall be initiated by

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one or more participating states.

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     (b) Adoption of an amendment requires endorsement by all participating states and shall

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become effective thirty (30) days after the date of the last endorsement.

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     (c) Failure of a participating state to respond to the compact chairperson within one

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hundred twenty (120) days after receipt of a proposed amendment shall constitute endorsement

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thereof.

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     ARTICLE X

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     Construction and Severability

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     This compact must be liberally construed so as to effectuate the purposes stated herein.

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The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision

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of this compact is declared to be contrary to the constitution of any participating state or of the

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United States, or the applicability thereof to any government, agency, individual, or circumstance

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is held invalid, the validity of the remainder of this compact shall not be affected thereby. If this

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compact shall be held contrary to the constitution of any participating state, the compact shall

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remain in full force and effect as to the remaining states and in full force and effect as to the

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participating state affected as to all severable matters.

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     20-39-2. Department authorization to effect purposes of compact. – (a) The

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department of environmental management shall enforce the interstate wildlife violator compact

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and shall do all things within the department's jurisdiction that are appropriate in order to

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effectuate the purposes and the intent of the compact.

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     (b) The department is authorized, on behalf of the state, to enter or withdraw from the

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interstate wildlife violator compact pursuant to the terms of article VIII of the compact codified

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pursuant to section 20-39-1.

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     (c) The department is authorized to adopt amendments to the interstate wildlife violator

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compact pursuant to the terms of article IX of the compact codified pursuant to 20-39-1.

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     20-39-3. Reciprocal recognition of license suspensions – Suspension of privileges for

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conviction in participating state - Penalty. – (a) When the department of environmental

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management receives notice of the suspension of a person's hunting, trapping, or fishing

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privileges by a participating state, the department shall determine whether the violation leading to

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the suspension could have led to the forfeiture of privileges under Rhode Island law. If the

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department determines that the person's privileges could have been forfeited, the department may

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suspend the person's privileges to hunt, trap, or fish in this state for the same period as imposed

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by the participating state not to exceed the maximum limits allowed by Rhode Island law,

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provided the department has complied with the requirements of section 20-39-5.

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     (b) When the department receives notice of a conviction of a state resident from the

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licensing authority of the issuing state, the department may, if the conviction is final, treat the

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conviction as if it had occurred in Rhode Island and shall determine whether the conviction could

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have led to the forfeiture of the resident's hunting, trapping, or fishing privileges under state law.

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If the department determines that the resident's privileges could have been forfeited, the

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department may suspend the resident's privileges to hunt, trap, or fish in this state for the same

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period as the issuing state, not to exceed the limit that could have been imposed under Rhode

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Island law, provided the department has complied with the requirements of section 20-39-5.

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     (c) Notice of the suspension must be sent to the person, who must surrender any current

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Rhode Island hunting, trapping, or fishing licenses to the department within ten (10) days.

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     (d) A person whose privileges have been suspended and who hunts, traps, or fishes in this

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state, who applies for or purchases any licenses or permits to hunt, trap, or fish in this state, or

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who refuses to surrender any current hunting, trapping, or fishing licenses as required is guilty of

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a misdemeanor.

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     20-39-4. Suspension of privileges for failure to comply with citation issued in

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participating state - Penalty. – (a) The department of environmental management may suspend

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the hunting, trapping, or fishing privileges of any resident of this state upon notification from the

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licensing authority of an issuing state that the resident has failed to comply with the terms of a

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citation issued for a wildlife violation, provided the department has complied with the

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requirements of section 20-39-5. The suspension remains in effect until the department receives

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satisfactory evidence of compliance from the issuing state.

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     (b) Notice of the suspension must be sent to the resident, who shall surrender all current

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Rhode Island hunting, trapping, or fishing licenses to the department within ten (10) days.

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     (c) A person who hunts, traps, or fishes, who applies for or purchase licenses or permits,

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or who refuses to surrender any current hunting, trapping, or fishing licenses in violation of this

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section is guilty of a misdemeanor.

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     20-39-5. Hearing on suspension. – (a) Prior to suspending the hunting, trapping, or

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fishing privileges of any person under sections 20-39-3 or 20-39-4, the department of

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environmental management shall immediately notify the person in writing. The person may,

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within twenty (20) days of the notice, request a hearing before the department on whether the

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requirements for suspension have been met.

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     (b) Upon request, the department shall set a hearing as early as practicable.

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     (c)(1) The requesting person may present evidence and arguments at the hearing

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contesting whether:

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     (i) A participating state suspended the person's privileges;

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     (ii) There was a final conviction in the participating state;

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     (iii) The person failed to comply with the terms of a citation issued for a wildlife

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violation in a participating state; or

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     (iv) A conviction in a participating state could have led to the forfeiture of privileges

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under Rhode Island law.

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     (2) Grounds other than those listed in subsection (a) may not be used to contest the

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department's decision to suspend the person's privileges.

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     (d) At the hearing, the department, through its authorized agent, may:

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     (1) Administer oaths;

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     (2) Issue subpoenas for the attendance of witnesses; and

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     (3) Admit all relevant evidence and documents, including notifications from participating

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states.

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     (e) Following the hearing, the department, through its authorized agent, may, based on

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the evidence, affirm, modify, or rescind the suspension of privileges.

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     SECTION 2. This act shall take effect upon passage.

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LC01770/SUB A

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO FISH AND WILDLIFE - INTERSTATE WILDLIFE VIOLATOR COMPACT

***

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     This act would adopt the wildlife violation compact act which recognizes violations of

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hunting, trapping and fishing laws occurring in other states as violations in a person's home state.

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     This act would take effect upon passage.

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LC01770/SUB A

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