HF 1403

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/20/2019 12:07pm

A bill for an act
relating to wildlife; prohibiting trade in certain animal parts; proposing coding for
new law in Minnesota Statutes, chapter 84.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [84.0896] TRADE IN PROHIBITED ANIMAL PARTS PROHIBITED.
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new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) The definitions in this subdivision apply to this section.
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new text begin (b) "Antique" means an item that:
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new text begin (1) contains no more than 200 grams of prohibited animal part as a fixed component of
an item that is not made wholly or partially from a prohibited animal part; and
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new text begin (2) is documented to be at least 100 years old.
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new text begin (c) "Prohibited animal part" means any of the following:
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new text begin (1) a tooth or tusk from any species of elephant, hippopotamus, mammoth, mastodon,
walrus, whale, or narwhal, or any piece thereof, whether raw or worked;
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new text begin (2) a product containing any of the materials described in clause (1);
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new text begin (3) a horn; piece of horn; or derivative of a horn, such as a powder, of any species of
rhinoceros; and
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new text begin (4) a product containing any of the materials described in clause (3).
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new text begin (d) "Sell" or "sale" means an exchange for consideration and includes barter and
possession with intent to sell. The term does not include a transfer of ownership by gift,
donation, or bequest.
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new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin A person shall not purchase or sell any item that the person knows
or should know is a prohibited animal part.
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new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin (a) Subdivision 2 does not prohibit the sale or purchase of a
prohibited animal part if the sale or purchase is:
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new text begin (1) undertaken as part of law enforcement activities;
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new text begin (2) expressly authorized by federal law;
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new text begin (3) of an antique;
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new text begin (4) of a musical instrument containing a lawfully acquired fixed component made of no
more than 200 grams of prohibited animal part; or
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new text begin (5) of a prohibited animal part by a bona fide educational or scientific institution that is
a nonprofit corporation, as defined in section 501(c)(3) of the Internal Revenue Code.
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new text begin (b) Subdivision 2 does not prohibit possession of a cultural artifact containing a prohibited
animal part.
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new text begin Subd. 4. new text end

new text begin Disposition of seized prohibited animal parts. new text end

new text begin Notwithstanding any other
provision of law, a prohibited animal part seized under this section must, upon a conviction,
be forfeited to the state and either destroyed or given to a nonprofit corporation, as defined
in section 501(c)(3) of the Internal Revenue Code, for an educational or scientific purpose.
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new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020, and applies to crimes
committed on or after that date.
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Sec. 2. new text begin OUTREACH AND EDUCATION.
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new text begin The commissioner of natural resources, in coordination with interested organizations,
must provide outreach and education to communities concerned about cultural artifacts
about the new requirements established under Minnesota Statutes, section 84.0896.
new text end