2019 -- H 5768

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LC001462

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2019

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A N   A C T

RELATING TO FISH AND WILDLIFE - TRADE IN COVERED ANIMAL PARTS OR

PRODUCTS

     

     Introduced By: Representatives Lima, Serpa, Ackerman, Marshall, and Bennett

     Date Introduced: February 27, 2019

     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 40

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TRADE IN COVERED ANIMAL PARTS OR PRODUCTS

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     20-40-1. Definitions.

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     As used in this chapter:

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     (1) "Bona fide educational or scientific institution" means an institution that establishes

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through documentation educational or scientific tax-exemption from the Federal Internal Revenue

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Service.

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     (2) "Covered animal" means any species of:

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     (i) Cheetah;

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     (ii) Elephant;

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     (iii) Giraffe;

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     (iv) Hippopotamus;

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     (v) Jaguar;

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     (vi) Leopard;

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     (vii) Lion;

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     (viii) Mammoth;

 

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     (ix) Mastodon;

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     (x) Pangolin;

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     (xi) Ray;

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     (xii) Rhinoceros;

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     (xiii) Sea turtle;

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     (xiv) Shark; or

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     (xv) Tiger.

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     (3) "Covered animal part or product" means any item that contains, or is wholly or

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partially made from, any covered animal.

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     (4) "Department" means the department of environmental management.

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     (5) "Sale" or "sell" means any act of selling, trading, or bartering for monetary or

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nonmonetary consideration, and includes any transfer of ownership that occurs in the course of a

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commercial transaction, but does not include a nonmonetary transfer of ownership by way of a

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gift, donation, or bequest.

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     (6) "Total value" means either the fair market value or the actual price paid for a covered

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animal part or product, whichever is greater.

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     20-40-2. Unlawful trade in covered animal parts or products.

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     Except as provided in this chapter, a person shall not purchase, sell, offer for sale, or

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possess with intent to sell, any item that the person knows or should know is a covered animal

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part or product.

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     20-40-3. Exceptions.

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     Unless otherwise prohibited by chapter 37 of this title, ยง 20-40-2 shall not apply:

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     (1) To employees or agents of the federal or state government undertaking any law

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enforcement activities pursuant to federal or state law, or any mandatory duties required by

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federal or state law;

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     (2) When the activity is expressly authorized by federal law;

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     (3) When the covered animal part or product is a fixed component of an antique that is

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not made wholly or partially from the covered animal part or product; provided, that, the antique

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status is established by the owner or seller thereof with documentation evidencing provenance

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and showing the covered animal part or product to be not less than one hundred (100) years old;

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and provided, that, the total weight of the covered animal part or product is less than two hundred

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grams (200 g).

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     (4) When the covered animal part or product is a fixed component of a musical

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instrument, including, but not limited to, string instruments and bows, wind, and percussion

 

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instruments and pianos; provided that, the covered animal part or product was legally acquired

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and provided that the total weight of the covered animal part or product is less than two hundred

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grams (200 g).

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     20-40-4. Educational or scientific use.

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     The department may permit the purchase, sale, offer for sale, or possession with intent to

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sell, of any covered animal part or product for educational or scientific purposes by a bona fide

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educational or scientific institution unless such activity is prohibited by any federal law or

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regulation; and provided that, the covered animal part or product was legally acquired.

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     20-40-5. Presumption of possession with intent to sell.

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     There is a presumption of possession with intent to sell a covered animal part or product

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when the part or product is possessed by a retail or wholesale establishment or other forum

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engaged in the business of buying or selling similar items. This rebuttable presumption shall not

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preclude a finding of intent to sell on any other evidence which may serve to independently

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establish such intent.

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     20-40-6. Penalty for violation.

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     (a) Upon conviction of a violation of this chapter:

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     (1) For a first offense, where the total value of the covered animal part or product does

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not exceed two hundred fifty dollars ($250), the offense shall be a petty misdemeanor punishable

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by a fine of not more than five hundred dollars ($500), or imprisonment up to six (6) months, or

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both.

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     (2) For a first offense, where the total value of the covered animal part or product exceeds

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two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable by a fine of up to

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one thousand dollars ($1,000), or imprisonment up to one year, or both.

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      (3) For a second offense, where the total value of the covered animal part or product

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does not exceed two hundred fifty dollars ($250), the offense shall be a misdemeanor punishable

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by a fine of up to one thousand dollars ($1,000), or imprisonment up to one year, or both.

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     (4) For a second offense, where the total value of the covered animal part or product

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exceeds two hundred fifty dollars ($250), the offense shall be a felony punishable by a fine of up

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to five thousand dollars ($5,000), or imprisonment up to three (3) years, or both.

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     (b) In addition to, and apart from any criminal penalty provided for under this section, a

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civil or administrative fine of up to twenty thousand dollars ($20,000) may be imposed for a

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violation of any provision of this section, or any rule, regulation, or order adopted pursuant to this

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section.

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     (c) Upon a conviction for violating the provisions of this chapter, the court shall order the

 

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seizure of all covered animal parts or products involved in the violation. Any seized covered

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animal part or product shall be forfeited and may be:

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     (1) Maintained by the department for educational or training purposes;

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     (2) Donated by the department to a bona fide educational or scientific institution; or

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     (3) Destroyed.

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     20-40-7. Enjoining unlawful conduct.

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     (a) If the attorney general has probable cause to believe that a person is violating or has

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violated this chapter, the attorney general may bring suit in the name of the state of Rhode Island

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in the appropriate court to restrain that person from further violations of this chapter.

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     (b) Before filing a suit under subsection (a) of this section, the attorney general shall, in

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writing, notify the person charged with the alleged violation and the alleged unlawful conduct and

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the relief to be sought. No suit shall be brought by the attorney general until thirty (30) days after

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that notice.

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     20-40-8. Rules and regulations.

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     The department shall adopt, pursuant to chapter 35 of title 42 (administrative procedures

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act), such rules and regulations necessary for the implementation and administration of this

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chapter.

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     20-40-9. Severability.

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     If any provision or clause of this chapter or application thereof to any person or

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circumstance is held invalid, such invalidity shall not affect other provisions or applications of

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this chapter which can be given effect without the invalid provision or application, and to this end

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the provisions of this chapter are severable.

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     SECTION 2. This act shall take effect six (6) months after passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO FISH AND WILDLIFE - TRADE IN COVERED ANIMAL PARTS OR

PRODUCTS

***

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     This act would prohibit the purchase, sale, offer for sale, or possession with intent to sell,

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covered animal parts or products and provide for penalties for violation ranging from

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misdemeanor to felony upon conviction.

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     This act would take effect six (6) months after passage.

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