§ 23-6-302 — Execution of Compact

The legislature hereby approves and the governor is authorized
to enter into a compact on behalf of this state with any other
state or states legally joining therein in the form
substantially as follows:
Article I
Findings, Declaration of Policy and Purpose
(a) The participating states find that:
(i) Wildlife is managed by the respective states for
the benefit of all residents and visitors;
(ii) The protection of the wildlife of a state is
materially affected by the degree of compliance with state
statutes, laws, regulations, ordinances and administrative rules
relating to the management of those resources;
(iii) The preservation, protection, management and
restoration of wildlife contributes immeasurably to the
aesthetic, recreational and economic aspects of those natural
resources;
(iv) Wildlife is valuable without regard to political
boundaries; therefore, every person should be required to comply
with wildlife preservation, protection, management and
restoration laws and ordinances and administrative rules and
regulations of the participating states as a condition precedent
to the continuance or issuance of any license to hunt, fish,
trap or possess wildlife as determined by local law;
(v) Violation of wildlife laws interferes with the
management of wildlife and may endanger the safety of persons
and property;
(vi) The mobility of many wildlife law violators
necessitates the maintenance of channels of communication among
the various states;
(vii) In most instances, a person who is cited for a
wildlife violation in a state other than his home state:
(A) Is required to post collateral or a bond to
secure appearance for a trial at a later date;
(B) Is taken into custody until the collateral
or bond is posted; or
(C) Is taken directly to court for an immediate
appearance.
(viii) The purpose of the enforcement practices set
forth in paragraph (vii) of this article is to ensure compliance
with the terms of a wildlife citation by the cited person who,
if permitted to continue on his way after receiving the
citation, could return to his home state and disregard his duty
under the terms of the citation;
(ix) In most instances, a person receiving a wildlife
citation in his home state is permitted to accept the citation
from the officer at the scene of the violation and immediately
continue on his way after agreeing or being instructed to comply
with the terms of the citation;
(x) The practices described in paragraph (vii) of
this article cause unnecessary inconvenience and, at times, a
hardship for the person who is unable at the time to post
collateral, furnish a bond, stand trial, or pay a fine, and thus
is compelled to remain in custody until some alternative
arrangement is made; and
(xi) The enforcement practices described in paragraph
(vii) of this article consume an undue amount of law enforcement
time.
(b) It is the policy of the participating states to:
(i) Promote compliance with the statutes, laws,
ordinances, regulations and administrative rules relating to
management of wildlife in their respective states;
(ii) Recognize the suspension of wildlife license
privileges of any person whose license privileges have been
suspended by a participating state and treat the suspension as
if it had occurred in their state;
(iii) Allow a violator, except as provided in
subsection (b) of article III, to accept a wildlife citation
and, without delay, proceed on his way, whether or not a
resident of the state in which the citation was issued, provided
that the violator's home state is party to this compact;
(iv) Report to the appropriate participating state,
as provided in the compact manual, any conviction recorded
against any person whose home state was not the issuing state;
(v) Allow the home state to recognize and treat
convictions recorded against its residents, which convictions
occurred in a participating state, as though they had occurred
in the home state;
(vi) Extend cooperation to its fullest extent among
the participating states for enforcing compliance with the terms
of a wildlife citation issued in one participating state to a
resident of another participating state;
(vii) Maximize effective use of law enforcement
personnel and information; and
(viii) Assist court systems in the efficient
disposition of wildlife violations.
(c) The purpose of this compact is to:
(i) Provide a means through which participating
states may join in a reciprocal program to effectuate the
policies enumerated in subsection (b) of this article in a
uniform and orderly manner; and
(ii) Provide for the fair and impartial treatment of
wildlife violators operating within participating states in
recognition of the violator's right to due process and the
sovereign status of a participating state.
Article II
Definitions
(a) As used in this compact, unless the context required
otherwise:
(i) "Citation" means any summons, complaint, summons
and complaint, ticket, penalty assessment or other official
document issued to a person by a wildlife officer or other peace
officer for a wildlife violation which contains an order
requiring the person to respond;
(ii) "Collateral" means any cash or other security
deposited to secure an appearance for trial in connection with
the issuance by a wildlife officer or other peace officer of a
citation for a wildlife violation;
(iii) "Compliance" with respect to a citation means
the act of answering a citation through an appearance in a court
or tribunal or through the payment of fines, costs and
surcharges, if any;
(iv) "Conviction" means a conviction, including any
court conviction, for any offense related to the preservation,
protection, management or restoration of wildlife which is
prohibited by state statute, law, regulation, ordinance or
administrative rule, and such conviction shall also include the
forfeiture of any bail, bond or other security deposited to
secure appearance by a person charged with having committed any
such offense, the payment of a penalty assessment, a plea of
nolo contendere and the imposition of a deferred or suspended
sentence by the court;
(v) "Court" means a court of law, including
magistrate's court;
(vi) "Home state" means the state of primary
residence of a person;
(vii) "Issuing state" means the participating state
which issues a wildlife citation to the violator;
(viii) "License" means any license, permit or other
public document which conveys to the person to whom it was
issued the privilege of pursuing, possessing or taking any
wildlife regulated by statute, law, regulation, ordinance or
administrative rule of a participating state;
(ix) "Licensing authority" means the department or
division within each participating state which is authorized by
law to issue or approve licenses or permits to hunt, fish, trap
or possess wildlife;
(x) "Participating state" means any state which
enacts legislation to become a member of this wildlife compact;
(xi) "Personal recognizance" means an agreement by a
person made at the time of issuance of the wildlife citation
that the person will comply with the terms of the citation;
(xii) "State" means any state, territory or
possession of the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the Provinces of Canada and other
countries;
(xiii) "Suspension" means any revocation, denial or
withdrawal of any or all license privileges, including the
privilege to apply for, purchase or exercise the benefits
conferred by any license;
(xiv) "Terms of the citation" means those conditions
and options expressly stated upon the citation;
(xv) "Wildlife" means all species of animals
including, but not limited to, mammals, birds, fish, reptiles,
amphibians, mollusks and crustaceans which are defined as
"wildlife" and are protected or otherwise regulated by statute,
law, regulation, ordinance or administrative rule in a
participating state. Species included in the definition of
"wildlife" vary from state to state and determination of whether
a species is "wildlife" for the purposes of this compact shall
be based on local law;
(xvi) "Wildlife law" means any statute, law,
regulation, ordinance or administrative rule developed and
enacted for the management of wildlife resources and the uses
thereof;
(xvii) "Wildlife officer" means any individual
authorized by a participating state to issue a citation for a
wildlife violation;
(xviii) "Wildlife violation" means any cited
violation of a statute, law, regulation, ordinance or
administrative rule developed and enacted for the management of
wildlife resources and the uses thereof.
Article III
Procedures for Issuing State
(a) When issuing a citation for a wildlife violation, a
wildlife officer shall issue a citation to any person whose
primary residence is in a participating state in the same manner
as though the person were a resident of the issuing state and
shall not require the person to post collateral to secure
appearance, subject to the exceptions noted in subsection (b) of
this article, if the officer receives the recognizance of the
person that he will comply with the terms of the citation.
(b) Personal recognizance is acceptable:
(i) If not prohibited by local law or the compact
manual; and
(ii) If the violator provides adequate proof of
identification to the wildlife officer.
(c) Upon conviction or failure of a person to comply with
the terms of a wildlife citation, the appropriate official shall
report the conviction or failure to comply to the licensing
authority of the participating state in which the wildlife
citation was issued. The report shall be made in accordance
with procedures specified by the issuing state and shall contain
information as specified in the compact manual as minimum
requirements for effective processing by the home state.
(d) Upon receipt of the report of conviction or
noncompliance pursuant to subsection (c) of this article, the
licensing authority of the issuing state shall transmit to the
licensing authority of the home state of the violator the
information in form and content as prescribed in the compact
manual.
Article IV
Procedure for Home State
(a) Upon receipt of a report from the licensing authority
of the issuing state reporting the failure of a violator to
comply with the terms of a citation, the licensing authority of
the home state shall notify the violator and shall initiate a
suspension action in accordance with the home state's suspension
procedures and shall suspend the violator's license privileges
until satisfactory evidence of compliance with the terms of the
wildlife citation has been furnished by the issuing state to the
home state licensing authority. Due process safeguards shall be
accorded.
(b) Upon receipt of a report of conviction from the
licensing authority of the issuing state, the licensing
authority of the home state shall enter the conviction in its
records and shall treat the conviction as though it occurred in
the home state for the purposes of the suspension of license
privileges.
(c) The licensing authority of the home state shall
maintain a record of actions taken and shall make reports to
issuing states as provided in the compact manual.
Article V
Reciprocal Recognition of Suspension
(a) All participating states shall recognize the
suspension of license privileges of any person by any
participating state as though the violation resulting in the
suspension had occurred in their state and could have been the
basis for suspension of license privileges in their state.
(b) Each participating state shall communicate suspension
information to other participating states in form and content as
contained in the compact manual.
Article VI
Applicability of Other Laws
Except as expressly required by provisions of this compact,
nothing herein shall be construed to affect the right of any
participating state to apply any of its laws relating to license
privileges to any person or circumstance or to invalidate or
prevent any agreement or other cooperative arrangement between a
participating state and a nonparticipating state concerning
wildlife law enforcement.
Article VII
Compact Administrator Procedures
(a) For the purpose of administering the provisions of
this compact and to serve as a governing body for the resolution
of all matters relating to the operation of this compact, a
board of compact administrators is established. The board shall
be composed of one (1) representative from each of the
participating states to be known as the compact administrator.
The compact administrator shall be appointed by the head of the
licensing authority of each participating state and shall serve
and be subject to removal in accordance with the laws of the
state he represents. A compact administrator may provide for
the discharge of his duties and the performance of his functions
as a board member by an alternate. An alternate shall not be
entitled to serve unless written notification of his identity
has been given to the board.
(b) Each member of the board of compact administrators
shall be entitled to one (1) vote. No action of the board shall
be binding unless taken at a meeting at which a majority of the
total number of the board's votes are cast in favor thereof.
Action by the board shall be only at a meeting at which a
majority of the participating states are represented.
(c) The board shall elect annually from its membership a
chairman and vice chairman.
(d) The board shall adopt bylaws not inconsistent with the
provisions of this compact or the laws of a participating state
for the conduct of its business and shall have the power to
amend and rescind its bylaws.
(e) The board may accept for any of its purposes and
functions under this compact any and all donations and grants of
monies, equipment, supplies, materials, and services,
conditional or otherwise, from any state, the United States, or
any governmental agency, and may receive, utilize and dispose of
the same.
(f) The board may contract with, or accept services or
personnel from, any governmental or intergovernmental agency,
individual, firm, or corporation, or any private nonprofit
organization or institution.
(g) The board shall formulate all necessary procedures and
develop uniform forms and documents for administering the
provisions of this compact. All procedures and forms adopted
pursuant to board action shall be contained in a compact manual.
Article VIII
Entry into Compact and Withdrawal
(a) This compact shall become effective at such time as it
is adopted in a substantially similar form by two (2) or more
states.
(b) Entry into the compact shall be made by resolution of
ratification executed by the authorized officials of the
applying state and submitted to the chairman of the board. The
resolution shall substantially be in the form and content as
provided in the compact manual and shall include the following:
(i) A citation of the authority from which the state
is empowered to become a party to this compact;
(ii) An agreement of compliance with the terms and
provisions of this compact; and
(iii) An agreement that compact entry is with all
states participating in the compact and with all additional
states legally becoming a party to the compact.
(c) The effective date of entry shall be specified by the
applying state but shall not be less than sixty (60) days after
notice has been given:
(i) By the chairman of the board of the compact
administrators; or
(ii) By the secretariat of the board to each
participating state that the resolution from the applying state
has been received.
(d) A participating state may withdraw from participation
in this compact by official written notice to each participating
state, but withdrawal shall not become effective until ninety
(90) days after the notice of withdrawal is given. The notice
shall be directed to the compact administrator of each member
state. No withdrawal of any state shall affect the validity of
this compact as to the remaining participating states.
Article IX
Amendments to the Compact
(a) This compact may be amended from time to time.
Amendments shall be presented in resolution form to the chairman
of the board of compact administrators and shall be initiated by
one (1) or more participating states.
(b) Adoption of an amendment shall require endorsement by
all participating states and shall become effective thirty (30)
days after the date of the last endorsement.
(c) A participating state shall respond to the compact
chairman within one hundred twenty (120) days after receipt of a
proposed amendment. Amendments proposed to change local law by
the compact administrators shall be reviewed and approved by the
legislature.