Bill Text: IA HF2204 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act prohibiting the sale of ivory and rhinoceros horn with certain exceptions, providing penalties, and including effective date provisions.
Sponsorship: Partisan Bill (Republican 1)
Status: (Introduced - Dead) 2016-02-09 - Introduced, referred to Commerce. H.J. 185. [HF2204 Detail]
Download: Iowa-2015-HF2204-Introduced.html
House File 2204 - Introduced HOUSE FILE BY NUNN A BILL FOR 1 An Act prohibiting the sale of ivory and rhinoceros horn with 2 certain exceptions, providing penalties, and including 3 effective date provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5804YH (2) 86 gh/nh PAG LIN 1 1 Section 1. Section 455A.4, subsection 1, Code 2016, is 1 2 amended by adding the following new paragraph: 1 3 NEW PARAGRAPH. k. Issue a permit for the purchase, sale, 1 4 offering for sale, or possession with the intent to sell ivory 1 5 or rhinoceros horn pursuant to chapter 481D. 1 6 Sec. 2. NEW SECTION. 481D.1 Definitions. 1 7 As used in this chapter unless the context otherwise 1 8 requires: 1 9 1. "Bona fide educational or scientific institution" means 1 10 an institution that qualifies under section 501(c)(3) of 1 11 the Internal Revenue Code as an educational or scientific 1 12 organization exempt from federal income tax under section 1 13 501(a) of the Internal Revenue Code or, if located outside the 1 14 United States, that qualifies for a similar tax exemption from 1 15 the institution's national tax authority. 1 16 2. "Commission" means the natural resource commission 1 17 created under section 455A.5. 1 18 3. "Department" means the department of natural resources 1 19 created under section 455A.2. 1 20 4. "Ivory" means the tooth or tusk from a species of 1 21 wildlife including but not limited to all species of elephant, 1 22 hippopotamus, mammoth, walrus, whale, and narwhal, or a piece 1 23 thereof, whether raw ivory or worked ivory, and includes a 1 24 product containing or advertised as containing ivory. 1 25 5. "Person" means as defined in section 4.1. 1 26 6. "Rhinoceros horn" means the horn, or a piece or 1 27 derivative thereof, of a species of rhinoceros, and includes a 1 28 product containing or advertised as containing rhinoceros horn. 1 29 7. "Sale" or "sell" means an act of selling, trading, 1 30 or bartering for monetary or nonmonetary consideration, and 1 31 includes any transfer of ownership that occurs in the course of 1 32 a commercial transaction, but does not include a nonmonetary 1 33 transfer of ownership by way of gift, donation, or bequest. 1 34 8. "Total value" means the fair market value of or actual 1 35 price paid for an item, whichever is greater. 2 1 Sec. 3. NEW SECTION. 481D.2 Sale of ivory and rhinoceros 2 2 horn prohibited. 2 3 Except as provided in sections 481D.3 and 481D.4, a person 2 4 shall not purchase, sell, offer for sale, or possess with the 2 5 intent to sell ivory or rhinoceros horn. 2 6 Sec. 4. NEW SECTION. 481D.3 Exceptions. 2 7 The prohibition established in section 481D.2 shall not 2 8 apply to any of the following: 2 9 1. An employee or agent of the federal or state government 2 10 undertaking law enforcement activities pursuant to federal or 2 11 state law, or any mandatory duties required by federal or state 2 12 law. 2 13 2. An activity expressly authorized by federal law. 2 14 3. Ivory or rhinoceros horn that is a fixed component 2 15 of an antique that is not made wholly or primarily of the 2 16 ivory or rhinoceros horn, provided that the antique status is 2 17 established by the owner or seller thereof with documentation 2 18 evidencing provenance and showing that the ivory or rhinoceros 2 19 horn is at least one hundred years old, and provided that 2 20 the ivory or rhinoceros horn constitutes no more than twenty 2 21 percent by volume of such antique. 2 22 4. Ivory or rhinoceros horn that is a fixed component of 2 23 a musical instrument, including but not limited to string 2 24 instruments and bows, wind and percussion instruments, and 2 25 pianos, provided that the ivory or rhinoceros horn was legally 2 26 acquired, with documentation evidencing such acquisition, and 2 27 provided that the total weight of the ivory or rhinoceros horn 2 28 is less than two hundred grams. 2 29 Sec. 5. NEW SECTION. 481D.4 Permit for educational or 2 30 scientific purpose. 2 31 Unless prohibited by federal law, rule, or regulation, 2 32 the department may issue a permit for the purchase, sale, 2 33 offering for sale, or possession with the intent to sell ivory 2 34 or rhinoceros horn to a bona fide educational or scientific 2 35 institution for an educational or scientific purpose, provided 3 1 that the ivory or rhinoceros horn was legally acquired, with 3 2 documentation evidencing such acquisition. 3 3 Sec. 6. NEW SECTION. 481D.5 Presumption of possession with 3 4 intent to sell. 3 5 The possession of ivory or rhinoceros horn by a retailer 3 6 or wholesale establishment or other establishment engaged 3 7 in the business of purchasing or selling similar items 3 8 creates a rebuttable presumption that the retailer, wholesale 3 9 establishment, or other establishment possesses such ivory 3 10 or rhinoceros horn with an intent to sell. The rebuttable 3 11 presumption shall not preclude a finding of possession with 3 12 the intent to sell upon the discovery of other evidence which 3 13 independently establishes such intent. 3 14 Sec. 7. NEW SECTION. 481D.6 Penalties. 3 15 1. A person who violates a provision of this chapter or a 3 16 rule adopted under this chapter is guilty of a public offense 3 17 and shall be punished as follows: 3 18 a. The person, upon conviction of a first offense where 3 19 the total value of the ivory or rhinoceros horn involved is 3 20 two hundred fifty dollars or less, is guilty of a simple 3 21 misdemeanor. 3 22 b. The person, upon conviction of a first offense where 3 23 the total value of the ivory or rhinoceros horn involved is 3 24 more than two hundred fifty dollars, is guilty of a serious 3 25 misdemeanor. 3 26 c. The person, upon conviction of a second or subsequent 3 27 offense where the total value of the ivory or rhinoceros horn 3 28 involved is two hundred fifty dollars or less, is guilty of a 3 29 serious misdemeanor. 3 30 d. The person, upon conviction of a second or subsequent 3 31 offense where the total value of the ivory or rhinoceros horn 3 32 involved is more than two hundred fifty dollars, is guilty of 3 33 an aggravated misdemeanor. 3 34 2. Notwithstanding subsection 1, the department may subject 3 35 a person who violates a provision of this chapter or a rule 4 1 adopted under this chapter to a civil penalty not to exceed two 4 2 times the total value of the ivory or rhinoceros horn involved. 4 3 Sec. 8. NEW SECTION. 481D.7 Reward for information. 4 4 For a conviction or other entry of judgment for a violation 4 5 of this chapter that results in imposition of a civil penalty, 4 6 one=half of the amount of such civil penalty, but not to exceed 4 7 five hundred dollars, shall be paid to a person or persons who 4 8 gave information leading to the conviction or other entry of 4 9 judgment, provided, however, that such reward shall not apply 4 10 if the person is a law enforcement officer or officer or agent 4 11 of the department. 4 12 Sec. 9. NEW SECTION. 481D.8 Disposition of seized ivory or 4 13 rhinoceros horn. 4 14 Upon conviction or other entry of judgment for a violation 4 15 of this chapter, seized ivory or rhinoceros horn shall be 4 16 forfeited and, upon forfeiture, either maintained by the 4 17 department for educational or training purposes, donated 4 18 by the department to a bona fide educational or scientific 4 19 institution, or destroyed. 4 20 Sec. 10. NEW SECTION. 481D.9 Rules. 4 21 The commission may adopt rules as are necessary to carry out 4 22 this chapter. 4 23 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1, 4 24 2017. 4 25 EXPLANATION 4 26 The inclusion of this explanation does not constitute agreement with 4 27 the explanation's substance by the members of the general assembly. 4 28 This bill prohibits the sale of ivory and rhinoceros horn 4 29 with exceptions. 4 30 The bill prohibits a person from purchasing, selling, 4 31 offering for sale, or possessing with the intent to sell 4 32 ivory or rhinoceros horn as defined in the bill. However, 4 33 this prohibition does not apply to an employee or agent of 4 34 the federal or state government undertaking law enforcement 4 35 activities pursuant to law, an activity expressly authorized by 5 1 federal law, ivory or rhinoceros horn that is a fixed component 5 2 of an antique as described in the bill, or ivory or rhinoceros 5 3 horn that is a fixed component of a musical instrument as 5 4 described in the bill. 5 5 The bill provides that the department of natural resources 5 6 (DNR) may issue permits for the sale of ivory or rhinoceros 5 7 horn to bona fide educational or scientific institutions for 5 8 educational or scientific purposes if the ivory or rhinoceros 5 9 horn was legally acquired. 5 10 The bill provides that the possession of ivory or rhinoceros 5 11 horn by a retailer, wholesale establishment, or other 5 12 establishment engaged in the business of buying or selling 5 13 similar items creates a rebuttable presumption that such 5 14 retailer or establishment possesses the ivory or rhinoceros 5 15 horn with an intent to sell. 5 16 The bill provides that a person convicted of a first 5 17 offense under the bill where the total value of the ivory 5 18 or rhinoceros horn involved is $250 or less is guilty of a 5 19 simple misdemeanor. A simple misdemeanor is punishable by 5 20 confinement for no more than 30 days or a fine of at least $65 5 21 but not more than $625 or by both. A person convicted of a 5 22 first offense under the bill where the total value of the ivory 5 23 or rhinoceros horn involved is more than $250 is guilty of a 5 24 serious misdemeanor. A serious misdemeanor is punishable by 5 25 confinement for no more than one year and a fine of at least 5 26 $315 but not more than $1,875. A person convicted of a second 5 27 or subsequent offense under the bill where the total value of 5 28 the ivory or rhinoceros horn involved is less than $250 is 5 29 also guilty of a serious misdemeanor. A person convicted of 5 30 a second or subsequent offense under the bill where the total 5 31 value of the ivory or rhinoceros horn involved is more than 5 32 $250 is guilty of an aggravated misdemeanor. An aggravated 5 33 misdemeanor is punishable by confinement for no more than two 5 34 years and a fine of at least $625 but not more than $6,250. 5 35 The bill provides that for a conviction that results in a 6 1 civil penalty, half of the civil penalty amount, but not to 6 2 exceed $500, is to be paid as a reward to a person who gave 6 3 information leading to the conviction. However, this reward 6 4 does not apply to law enforcement officers or agents of the 6 5 DNR. 6 6 The bill provides that ivory or rhinoceros horn seized upon 6 7 a conviction is forfeited and will either be maintained by the 6 8 DNR for educational or training purposes, donated to a bona 6 9 fide educational or scientific institution, or destroyed. 6 10 The bill provides that the natural resource commission may 6 11 adopt rules to carry out the provisions of the bill. 6 12 The bill takes effect January 1, 2017. LSB 5804YH (2) 86 gh/nh
