SF 1505

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 07/02/2019 02:22pm

A bill for an act
relating to wildlife; prohibiting trade in certain animal parts; 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 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) any 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) any 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 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 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 shall, upon 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 Subd. 5. new text end

new text begin Violations. new text end

new text begin A violation of this section is punishable as follows:
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new text begin (1) for a first violation, as a misdemeanor;
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new text begin (2) for a second violation, as a gross misdemeanor; and
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new text begin (3) for a subsequent violation, a felony.
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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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