Bill Text: AZ HB2176 | 2016 | Fifty-second Legislature 2nd Regular | Introduced
Bill Title: Ivory; rhinoceros horn; sales; prohibition.
Spectrum: Partisan Bill (Democrat 15-0)
Status: (Introduced - Dead) 2016-01-26 - Referred to House COM Committee [HB2176 Detail]
Download: Arizona-2016-HB2176-Introduced.html
|
REFERENCE TITLE: ivory; rhinoceros horn; sales; prohibition. |
|
State of Arizona House of Representatives Fifty-second Legislature Second Regular Session 2016
|
|
HB 2176 |
|
|
|
Introduced by Representatives Andrade, Benally, Cardenas, Hale, Plumlee, Rios, Saldate, Steele: Alston, Fernandez, Friese, Gabaldón, McCune Davis, Mendez, Otondo
|
AN ACT
amending title 17, chapter 3, article 2, Arizona Revised Statutes, by adding section 17-347; amending title 44, Arizona Revised Statutes, by adding chapter 36; relating to transactions involving ivory or rhinoceros horn.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 17, chapter 3, article 2, Arizona Revised Statutes, is amended by adding section 17-347, to read:
17-347. Ivory or rhinoceros horn permits; definitions
A. The department may issue a permit for the import, sale, offer for sale, purchase, barter or possession with intent to sell of any ivory, ivory product, rhinoceros horn or rhinoceros horn product for bona fide educational or scientific purposes, unless the proposed activity is prohibited by federal law. A permit issued under this section may contain any terms or conditions required by the department.
B. For the purposes of this section, "ivory", "ivory product", "rhinoceros horn" and "rhinoceros horn product" have the same meanings prescribed in section 44-7851.
Sec. 2. Title 44, Arizona Revised Statutes, is amended by adding chapter 36, to read:
CHAPTER 36
SALE OF IVORY OR RHINOCEROS HORN
ARTICLE 1. GENERAL PROVISIONS
44-7851. Definitions
In this chapter, unless the context otherwise requires:
1. "Ivory" means any tooth or tusk composed of ivory from any animal, including an elephant, hippopotamus, mammoth, narwhal, walrus or whale or any piece of any animal, whether raw ivory or worked ivory, or made into, or part of, an ivory product.
2. "Ivory product" means any item that contains or that is wholly or partially made from any ivory.
3. "Raw ivory" means any ivory the surface of which, polished or unpolished, is unaltered or minimally changed by carving.
4. "Rhinoceros horn" means the horn or any piece of the horn of any species of rhinoceros.
5. "Rhinoceros horn product" means any item that contains or that is wholly or partially made from any rhinoceros horn.
6. "Total value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products" means the fair market value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products or the actual price paid for the ivory, ivory products, rhinoceros horn and rhinoceros products, whichever is greater.
7. "Worked ivory" means ivory that has been embellished, carved, marked or otherwise altered so that it can no longer be considered raw ivory.
44-7852. Prohibitions; presumption of intent to sell
A. In addition to the prohibitions and penalties established by federal law or any other applicable law, a person may not import, sell, offer for sale, purchase, barter or possess with intent to sell any ivory, ivory product, rhinoceros horn or rhinoceros horn product, except as prescribed by sections 17-347, 44-7853 and 44-7854.
B. The possession of any ivory, ivory product, rhinoceros horn or rhinoceros horn product in a retail or wholesale outlet commonly used for the buying or selling of similar products constitutes presumptive evidence of possession with intent to sell under this section. This subsection does not preclude a finding of intent to sell based on any evidence that may serve independently to establish intent to sell. The act of obtaining an appraisal of ivory, an ivory product, rhinoceros horn or a rhinoceros horn product alone does not constitute possession with intent to sell.
44-7853. Authorized conveyance to beneficiaries
A person may convey ivory, an ivory product, rhinoceros horn or a rhinoceros horn product to the legal beneficiary of the ivory, ivory product, rhinoceros horn or rhinoceros horn product that is part of an estate or other items being conveyed to lawful beneficiaries on the death of the owner of the ivory, ivory product, rhinoceros horn or rhinoceros horn product or in anticipation of that death.
44-7854. Exceptions
This chapter does not apply:
1. To employees or agents of the federal government or this state who are undertaking any law enforcement activities pursuant to federal or State law or any mandatory duties required by federal or state law.
2. If the import is expressly authorized by federal law, license or permit.
44-7855. Violation; civil penalties
In addition to any penalty that may be imposed under federal law or any other applicable law, a violation of this chapter is punishable by a civil penalty of not less than one thousand dollars or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the offense, whichever is greater, except that a second or subsequent violation is punishable by a civil penalty of not less than five thousand dollars or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the offense, whichever is greater.
44-7856. Seizure
On adjudication of a violation of this chapter, a court shall order the seizure of all ivory, ivory products, rhinoceros horn and rhinoceros horn products involved in the violation and determine the penalty for the violation based on the assessed value of the seized products. The court shall order that the seized ivory, ivory products, rhinoceros horn and rhinoceros horn products be transferred to the Arizona game and fish department for proper disposition. The Arizona game and fish department may destroy the ivory, ivory products, rhinoceros horn and rhinoceros horn products or donate them to an educational or scientific institution or organization.
