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:

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

amended by adding thereto the following chapter:

CHAPTER 40

TRADE IN COVERED ANIMAL PARTS OR PRODUCTS

     20-40-1. Definitions.

     As used in this chapter:

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

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

Service.

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

     (i) Cheetah;

     (ii) Elephant;

     (iii) Giraffe;

     (iv) Hippopotamus;

     (v) Jaguar;

     (vi) Leopard;

     (vii) Lion;

     (viii) Mammoth;

     (ix) Mastodon;

     (x) Pangolin;

     (xi) Ray;

     (xii) Rhinoceros;

     (xiii) Sea turtle;

     (xiv) Shark; or

     (xv) Tiger.

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

partially made from, any covered animal.

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

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

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

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

gift, donation, or bequest.

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

animal part or product, whichever is greater.

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

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

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

part or product.

     20-40-3. Exceptions.

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

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

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

federal or state law;

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

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

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

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

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

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

grams (200 g).

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

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

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

grams (200 g).

     20-40-4. Educational or scientific use.

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

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

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

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

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

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

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

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

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

establish such intent.

     20-40-6. Penalty for violation.

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

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

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

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

both.

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

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

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

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

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

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

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

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

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

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

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

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

section.

     (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

animal part or product shall be forfeited and may be:

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

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

     (3) Destroyed.

     20-40-7. Enjoining unlawful conduct.

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

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

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

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

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

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

that notice.

     20-40-8. Rules and regulations.

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

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

chapter.

     20-40-9. Severability.

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

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

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

the provisions of this chapter are severable.

     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

***

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

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

misdemeanor to felony upon conviction.

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

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