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Minnesota Legislature

Office of the Revisor of Statutes

SF 1505

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 02/27/2019 04:47pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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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.
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) "Antique" means an item that:
new text end

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
new text end

new text begin (2) is documented to be at least 100 years old.
new text end

new text begin (c) "Prohibited animal part" means any of the following:
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;
new text end

new text begin (2) any product containing any of the materials described in clause (1);
new text end

new text begin (3) a horn, piece of horn, or derivative of a horn, such as a powder, of any species of
rhinoceros; and
new text end

new text begin (4) any product containing any of the materials described in clause (3).
new text end

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.
new text end

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.
new text end

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:
new text end

new text begin (1) undertaken as part of law enforcement activities;
new text end

new text begin (2) expressly authorized by federal law;
new text end

new text begin (3) of an antique;
new text end

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
new text end

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.
new text end

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.
new text end

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:
new text end

new text begin (1) for a first violation, as a misdemeanor;
new text end

new text begin (2) for a second violation, as a gross misdemeanor; and
new text end

new text begin (3) for a subsequent violation, a felony.
new text end

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.
new text end