The Committee on Agriculture, Natural Resources and Environmental Affairs proposes the following Amendment No. 1 to H. 4831 (COUNCIL\CZ\4831C001.RT.CZ20):
Reference is to the bill as introduced.
Amend the bill, as and if amended, by striking SECTIONS 1 and 2 and inserting:
/ SECTION 1. Article 1, Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50 -15-15.(A) Except as otherwise provided in this title, it is unlawful for a person to sell, purchase, trade, exchange, barter, export, ship, transfer the possession of, rehome, remove, or attempt to remove from this State any native reptile or amphibian species, including parts, products, eggs, offspring, and derivatives thereof. The department may provide exceptions by regulation.
(B) The department may establish possession limits for reptile and amphibian species by regulation in order to protect designated species from commercial exploitation and other pressures on the populations of designated species."
SECTION2. Article 1, Chapter 15, Title 50 of the 1976 Code is amended by adding:
"Section 50 -15-55.(A) Except as otherwise provided in this title, it is unlawful for a person to release wildlife that is not native to this State from captivity in this State. Sanitary and safe disposal of dead wildlife is not a violation of this section.
(B) The department may promulgate regulations to prohibit or otherwise restrict certain species of nonnative wildlife in this State, including species that:
(1) have the potential to become established in this State in sufficient numbers so as to become a nuisance; and
(2) pose a demonstrable deleterious and widespread threat to wildlife, agriculture, or human health and safety." /
Amend the bill further, by striking SECTION 6 and inserting:
/ SECTION 6. Section 50 -15-80 of the 1976 Code is amended to read:
"Section 50 -15-80.(A) A person who violates Section 50-15-15, Section 50-15-20, or a person who fails to procure or violates the terms of a permit issued under the regulations is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred one thousand dollars or imprisoned not more than thirty days and ordered to pay restitution, or both.
(B) A person who violates Section 50 -15-30(C), Section 50-15-55, or regulations promulgated pursuant to it these sections or a person who fails to procure or violates the terms of a permit issued pursuant to Section 50-15-40(D) and (E) is guilty of a misdemeanor and, upon conviction, must be fined one thousand not more than two thousand five hundred dollars or imprisoned not more than one year, or both.
(C) (1) The magistrates court has concurrent jurisdiction over violations of Sections 50-15-15, 50-15-20, 50-15-30, 50-15-40(D) and (E), 50-15-55, and regulations promulgated pursuant to these sections.
(2) Each individual animal not covered by a legal exemption or authorization by the department is considered a separate violation. The court may order restitution for a violation of these sections.
(3) Upon conviction of the violator, the department must revoke any permits issued pursuant to this chapter and the violator is prohibited from applying to obtain another permit from the department directly or indirectly for a period of two years following the conviction.
(D)An enforcement officer employed and authorized by the department or a police officer of the State or a municipality or county within the State may conduct searches as provided by law and execute a warrant to search for and seize equipment, business records, merchandise, or wildlife taken, used, or possessed in connection with a violation of this article. The officer or agency, without a warrant, may arrest a person who the officer or agent has probable cause to believe is violating, in his presence or view, the article or a regulation or permit provided for by it. An officer or agent who has made an arrest of a person in connection with a violation may search the person or business records at the time of arrest and seize wildlife, records, or property taken or used in connection with the violation.
(D)(E)Equipment, merchandise, wildlife, or records seized under subsection (C)(D) must be held by an officer or agent of the department pending disposition of court proceedings and forfeited to the State for destruction or disposition as the board department considers appropriate. Before forfeiture, the board department may direct the transfer of wildlife seized to a qualified zoological, educational, or scientific institution for safekeeping. The costs of the transfer holding the confiscated wildlife and items are assessable to the defendant upon conviction. The department may promulgate regulations to implement this subsection." /