HF 1403

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 04:24pm

A bill for an act
relating to wildlife; prohibiting trade in ivory and rhinoceros horn; authorizing
rulemaking; providing criminal penalties; 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 IVORY AND RHINOCEROS HORN PROHIBITED.
new text end

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.
new text end

new text begin (b) "Bona fide educational or scientific institution" means an institution that documents
educational or scientific tax-exempt status from the federal Internal Revenue Service.
new text end

new text begin (c) "Commissioner" means the commissioner of natural resources.
new text end

new text begin (d) "Ivory" means:
new text end

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; and
new text end

new text begin (2) any product containing or advertised as containing ivory.
new text end

new text begin (e) "Person" means an individual, firm, partnership, joint stock company, association,
or public or private corporation.
new text end

new text begin (f) "Rhinoceros horn" means:
new text end

new text begin (1) the horn, a piece of a horn, or a derivative of a horn, such as powder, of any species
of rhinoceros; and
new text end

new text begin (2) any product containing or advertised as containing a rhinoceros horn.
new text end

new text begin (g) "Sale" or "sell" means an act of selling, trading, or bartering for monetary or
nonmonetary consideration and includes a 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.
new text end

new text begin (h) "Total value" means the fair market value or the actual price paid for the ivory or
rhinoceros horn, whichever is greater.
new text end

new text begin Subd. 2. new text end

new text begin Prohibition. new text end

new text begin Except as provided in this section, a person must not purchase,
sell, offer for sale, or possess with intent to sell any item that the person knows or should
know is ivory or rhinoceros horn.
new text end

new text begin Subd. 3. new text end

new text begin Exceptions. new text end

new text begin This section does not apply:
new text end

new text begin (1) to employees or agents of federal or state government undertaking law enforcement
activities according to federal or state law or mandatory duties required by federal or state
law;
new text end

new text begin (2) when the activity is expressly authorized by federal law;
new text end

new text begin (3) when the ivory or rhinoceros horn is a fixed component of an antique that is not
made wholly or partially from the ivory or rhinoceros horn, if:
new text end

new text begin (i) the antique status is established by the owner or seller of the item with documentation
evidencing provenance and showing the ivory or rhinoceros horn to be not less than one
hundred years old; and
new text end

new text begin (ii) the total weight of the ivory or rhinoceros horn is less than 200 grams; or
new text end

new text begin (4) when the ivory or rhinoceros horn is a fixed component of a musical instrument,
including but not limited to string instruments and bows, wind and percussion instruments,
and pianos, if the ivory or rhinoceros horn was legally acquired and the total weight of the
ivory or rhinoceros horn is less than 200 grams.
new text end

new text begin Subd. 4. new text end

new text begin Educational or scientific use. new text end

new text begin Unless the activity is prohibited by federal law
or regulation, the commissioner may permit a bona fide educational or scientific institution
to purchase, sell, offer for sale, or possess with intent sell ivory or rhinoceros horn for
educational or scientific purposes if the ivory or rhinoceros horn was legally acquired.
new text end

new text begin Subd. 5. new text end

new text begin Presumption of possession with intent to sell. new text end

new text begin There is a presumption of
possession with intent to sell ivory or rhinoceros horn when the item is possessed by a retail
or wholesale establishment or other forum engaged in the business of buying or selling
similar items. This rebuttable presumption does not preclude a finding of intent to sell on
any other evidence that may serve to independently establish the intent.
new text end

new text begin Subd. 6. new text end

new text begin Violations. new text end

new text begin A violation of this section or any rule adopted under this section
is subject to the following criminal penalties:
new text end

new text begin (1) for a first violation, when the total value of the ivory or rhinoceros horn does not
exceed $250, the person is guilty of a misdemeanor and subject to a fine not to exceed
$1,000, imprisonment not to exceed 90 days, or both;
new text end

new text begin (2) for a first violation, when the total value of the ivory or rhinoceros horn exceeds
$250, the person is guilty of a gross misdemeanor and subject to a fine not to exceed $3,000,
imprisonment not to exceed one year, or both;
new text end

new text begin (3) for a second violation, when the total value of the ivory or rhinoceros horn does not
exceed $250, the person is guilty of a gross misdemeanor and subject to a fine not to exceed
$3,000, imprisonment not to exceed one year, or both; and
new text end

new text begin (4) for a second violation, when the total value of the ivory or rhinoceros horn exceeds
$250, the person is guilty of a felony and subject to a fine not to exceed $10,000,
imprisonment not to exceed three years, or both.
new text end

new text begin Subd. 7. new text end

new text begin Enforcement. new text end

new text begin A peace officer or conservation officer, pursuant to chapter 626,
may execute a warrant to search for and seize ivory or rhinoceros horn purchased, sold,
offered for sale, or possessed with intent to sell in violation of this section. Seized property
must be held pending judicial proceedings. Upon conviction, seized property is forfeited to
the state and must be offered to an educational or scientific institution or destroyed.
new text end

new text begin Subd. 8. new text end

new text begin Rules. new text end

new text begin The commissioner may adopt rules necessary to implement and administer
this section.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2020.
new text end