SB 75 — WILDLIFE TRAFFICKING ACT

SENATE BILL 75 54TH LEGISLATURE - STATEOFNEWMEXICO- SECOND SESSION , 2020 INTRODUCED BY Mimi Stewart This document incorporates amendments that have been adopted during the current legislative session.

The document is a tool to show the amendments in context and is not to be used for the purpose of amendments.

h PROVIDING POWERS AND DUTIES;

g o MAKING TRAFFICKING OF ANIMAL SPECIES THREATENED WITH EXTINCTION t hr g e i k A CRIME;

h8 r i s h , t, BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

e u g e b l e e h SECTION 1.

[NEW MATERIAL ] SHORT TITLE.--This act may be n d d i = = o h cited as the "Wildlife Trafficking Act".

l ] b ,d i a º e SECTION 2.

[NEW MATERIAL] DEFINITIONS.--As used in the r i = r t e w d m a n o Wildlife Trafficking Act:

dA. m :

b e d s º o t n = .216350.1AIC February 5, 2020 (2:34pm) s k m e e a n e d r e l u [ A d A.

"educational or scientific institution" means an institution that has an educational or scientific tax SB 75 Page 1 exemption from the federal internal revenue service or the institution's national or state tax authority;

"sell" includes bartering for, exchanging, trading or possessing with the intent to sell and each such h transaction made by any person, with or without remuneration, g o t hr including any intrastate sale through the internet;

and g e i k F.

"total value of the covered animal species or h r i s covered animal part or product" means the fair market value of h , t, such part or product, the price at which the part or product e u g e b l e e h was offered for sale or the actual price paid for the part or n d d i = = o h product, whichever is greater.

l ] b ,d i a º e SECTION 3.

[NEW MATERIAL ] PROHIBITED ACTS.-- r i = r t e w d m a n o A.

Except as provided in Section 4 of the Wildlife dTrafficking mAct, :it is unlawful for a person to knowingly sell or purchase any covered animal species or covered animal part or product.

b e d s º o t n = .216350.1AIC February 5, 2020 (2:34pm) s k m e - 2 - e a n e d r e l u [ A d Trafficking Act, it is unlawful for a person to knowingly sell or purchase any covered animal species or covered animal part or product.

[NEW MATERIAL] EXCEPTIONS.--It is not a violation of Section 3 of the Wildlife Trafficking Act if any of the following conditions are satisfied:

provided that SB 75 Page 2 the antique status is established by the owner or seller with evidence proving origin and showing that:

h (2) the total weight of the covered animal u » r part or product is less than two hundred grams;

and t h g e l i (3) at least fifty percent of the value of the h r i s antique product does not stem from the covered animal part or h , e h product;

t u g e b l e e , gh B.

the covered animal part or product is a n d d i = = o h component of a gun or musical instrument, including stringed l ] b ,d i a º r instruments and bows, wind and percussion instruments and e r = t e w d m a n o pianos;

dC. m :

b r e t º o t n = .216350.1AIC February 5, 2020 (2:34pm) s k m e - 3 - e a n e d r e l u [ A d C.

the noncommercial transfer of ownership of the covered animal species or covered animal part or product is SB 75 Page 3 to a legal beneficiary of an estate, trust or other inheritance upon the death of the owner of the covered animal species or covered animal part or product or is a gift;

the sale, trade or purchase of the covered h animal species or covered animal part or product is authorized u » r by the Convention on International Trade in Endangered Species t h g e l i of Wild Fauna and Flora or by federal or state law or permit;

h r i s or h , e h G.

the alleged violation of a provision of Section t u g e b l e e , gh 3 of the Wildlife Trafficking Act is by an employee or agent of n d d i = = o h a federal, state or local law enforcement agency who is l ] b ,d i a º r operating in the employee's or agent's official capacity as a e r = t e w d m a n o federal, state or local law enforcement officer.

dSECTION m5. :

bCRIMINAL rAND eCIVIL tPENALTIES.-- ºA. o t n = .216350.1AIC February 5, 2020 (2:34pm) s k m e - 4 - e a n e d r e l u [ A d SECTION 5.

[NEW MATERIAL] CRIMINAL AND CIVIL PENALTIES.-- A.

Two or more offenses may be charged in the same complaint, information or indictment and punished as separate offenses for each covered animal species or covered animal part or SB 75 Page 4 product involved.

With or without a criminal conviction, a person who violates Section 3 of the Wildlife Trafficking Act and anyone who benefited or would have benefited from the violation may be sued in district court and is subject to a penalty hnot SJCº of up to twenty-five thousand dollars ($25,000)»SJC g o t hr SJCºnot to exceed ten thousand dollars ($10,000)»SJC($10,000) or three g e i k times the total value of the covered animal species or covered h r i s animal part or product, whichever is greater.

h , t, e u g D.

Upon conviction in a criminal court or a finding e b l e e h in a civil court for a violation of Section 3 of the Wildlife n d d i = = o h Trafficking Act, the court shall order SJCºthat the forfeiture of l ] b ,d i a º e the covered animal species or covered animal part or product rbe: i = r t e w d m a n o and shall order»SJC that the covered animal species or covered d m :

b e d s º o t n = .216350.1AIC February 5, 2020 (2:34pm) s k m e - 5 - e a n e d r e l u [ A d animal part or product be:

[NEW MATERIAL] ENFORCEMENT AUTHORITY.-- A.