H.F. 2204 Section 1. Section 455A.4, subsection 1, Code 2016, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . k. Issue a permit for the purchase, sale, 3 offering for sale, or possession with the intent to sell ivory 4 or rhinoceros horn pursuant to chapter 481D. 5 Sec. 2. NEW SECTION . 481D.1 Definitions. 6 As used in this chapter unless the context otherwise 7 requires: 8 1. “Bona fide educational or scientific institution” means 9 an institution that qualifies under section 501(c)(3) of 10 the Internal Revenue Code as an educational or scientific 11 organization exempt from federal income tax under section 12 501(a) of the Internal Revenue Code or, if located outside the 13 United States, that qualifies for a similar tax exemption from 14 the institution’s national tax authority. 15 2. “Commission” means the natural resource commission 16 created under section 455A.5. 17 3. “Department” means the department of natural resources 18 created under section 455A.2. 19 4. “Ivory” means the tooth or tusk from a species of 20 wildlife including but not limited to all species of elephant, 21 hippopotamus, mammoth, walrus, whale, and narwhal, or a piece 22 thereof, whether raw ivory or worked ivory, and includes a 23 product containing or advertised as containing ivory. 24 5. “Person” means as defined in section 4.1. 25 6. “Rhinoceros horn” means the horn, or a piece or 26 derivative thereof, of a species of rhinoceros, and includes a 27 product containing or advertised as containing rhinoceros horn. 28 7. “Sale” or “sell” means an act of selling, trading, 29 or bartering for monetary or nonmonetary consideration, and 30 includes any transfer of ownership that occurs in the course of 31 a commercial transaction, but does not include a nonmonetary 32 transfer of ownership by way of gift, donation, or bequest. 33 8. “Total value” means the fair market value of or actual 34 price paid for an item, whichever is greater. 35 -1- LSB 5804YH (2) 86 gh/nh 1/ 6

H.F. 2204 Sec. 3. NEW SECTION . 481D.2 Sale of ivory and rhinoceros 1 horn prohibited. 2 Except as provided in sections 481D.3 and 481D.4, a person 3 shall not purchase, sell, offer for sale, or possess with the 4 intent to sell ivory or rhinoceros horn. 5 Sec. 4. NEW SECTION . 481D.3 Exceptions. 6 The prohibition established in section 481D.2 shall not 7 apply to any of the following: 8 1. An employee or agent of the federal or state government 9 undertaking law enforcement activities pursuant to federal or 10 state law, or any mandatory duties required by federal or state 11 law. 12 2. An activity expressly authorized by federal law. 13 3. Ivory or rhinoceros horn that is a fixed component 14 of an antique that is not made wholly or primarily of the 15 ivory or rhinoceros horn, provided that the antique status is 16 established by the owner or seller thereof with documentation 17 evidencing provenance and showing that the ivory or rhinoceros 18 horn is at least one hundred years old, and provided that 19 the ivory or rhinoceros horn constitutes no more than twenty 20 percent by volume of such antique. 21 4. Ivory or rhinoceros horn that is a fixed component of 22 a musical instrument, including but not limited to string 23 instruments and bows, wind and percussion instruments, and 24 pianos, provided that the ivory or rhinoceros horn was legally 25 acquired, with documentation evidencing such acquisition, and 26 provided that the total weight of the ivory or rhinoceros horn 27 is less than two hundred grams. 28 Sec. 5. NEW SECTION . 481D.4 Permit for educational or 29 scientific purpose. 30 Unless prohibited by federal law, rule, or regulation, 31 the department may issue a permit for the purchase, sale, 32 offering for sale, or possession with the intent to sell ivory 33 or rhinoceros horn to a bona fide educational or scientific 34 institution for an educational or scientific purpose, provided 35 -2- LSB 5804YH (2) 86 gh/nh 2/ 6

H.F. 2204 that the ivory or rhinoceros horn was legally acquired, with 1 documentation evidencing such acquisition. 2 Sec. 6. NEW SECTION . 481D.5 Presumption of possession with 3 intent to sell. 4 The possession of ivory or rhinoceros horn by a retailer 5 or wholesale establishment or other establishment engaged 6 in the business of purchasing or selling similar items 7 creates a rebuttable presumption that the retailer, wholesale 8 establishment, or other establishment possesses such ivory 9 or rhinoceros horn with an intent to sell. The rebuttable 10 presumption shall not preclude a finding of possession with 11 the intent to sell upon the discovery of other evidence which 12 independently establishes such intent. 13 Sec. 7. NEW SECTION . 481D.6 Penalties. 14 1. A person who violates a provision of this chapter or a 15 rule adopted under this chapter is guilty of a public offense 16 and shall be punished as follows: 17 a. The person, upon conviction of a first offense where 18 the total value of the ivory or rhinoceros horn involved is 19 two hundred fifty dollars or less, is guilty of a simple 20 misdemeanor. 21 b. The person, upon conviction of a first offense where 22 the total value of the ivory or rhinoceros horn involved is 23 more than two hundred fifty dollars, is guilty of a serious 24 misdemeanor. 25 c. The person, upon conviction of a second or subsequent 26 offense where the total value of the ivory or rhinoceros horn 27 involved is two hundred fifty dollars or less, is guilty of a 28 serious misdemeanor. 29 d. The person, upon conviction of a second or subsequent 30 offense where the total value of the ivory or rhinoceros horn 31 involved is more than two hundred fifty dollars, is guilty of 32 an aggravated misdemeanor. 33 2. Notwithstanding subsection 1, the department may subject 34 a person who violates a provision of this chapter or a rule 35 -3- LSB 5804YH (2) 86 gh/nh 3/ 6

H.F. 2204 adopted under this chapter to a civil penalty not to exceed two 1 times the total value of the ivory or rhinoceros horn involved. 2 Sec. 8. NEW SECTION . 481D.7 Reward for information. 3 For a conviction or other entry of judgment for a violation 4 of this chapter that results in imposition of a civil penalty, 5 one-half of the amount of such civil penalty, but not to exceed 6 five hundred dollars, shall be paid to a person or persons who 7 gave information leading to the conviction or other entry of 8 judgment, provided, however, that such reward shall not apply 9 if the person is a law enforcement officer or officer or agent 10 of the department. 11 Sec. 9. NEW SECTION . 481D.8 Disposition of seized ivory or 12 rhinoceros horn. 13 Upon conviction or other entry of judgment for a violation 14 of this chapter, seized ivory or rhinoceros horn shall be 15 forfeited and, upon forfeiture, either maintained by the 16 department for educational or training purposes, donated 17 by the department to a bona fide educational or scientific 18 institution, or destroyed. 19 Sec. 10. NEW SECTION . 481D.9 Rules. 20 The commission may adopt rules as are necessary to carry out 21 this chapter. 22 Sec. 11. EFFECTIVE DATE. This Act takes effect January 1, 23 2017. 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill prohibits the sale of ivory and rhinoceros horn 28 with exceptions. 29 The bill prohibits a person from purchasing, selling, 30 offering for sale, or possessing with the intent to sell 31 ivory or rhinoceros horn as defined in the bill. However, 32 this prohibition does not apply to an employee or agent of 33 the federal or state government undertaking law enforcement 34 activities pursuant to law, an activity expressly authorized by 35 -4- LSB 5804YH (2) 86 gh/nh 4/ 6

H.F. 2204 federal law, ivory or rhinoceros horn that is a fixed component 1 of an antique as described in the bill, or ivory or rhinoceros 2 horn that is a fixed component of a musical instrument as 3 described in the bill. 4 The bill provides that the department of natural resources 5 (DNR) may issue permits for the sale of ivory or rhinoceros 6 horn to bona fide educational or scientific institutions for 7 educational or scientific purposes if the ivory or rhinoceros 8 horn was legally acquired. 9 The bill provides that the possession of ivory or rhinoceros 10 horn by a retailer, wholesale establishment, or other 11 establishment engaged in the business of buying or selling 12 similar items creates a rebuttable presumption that such 13 retailer or establishment possesses the ivory or rhinoceros 14 horn with an intent to sell. 15 The bill provides that a person convicted of a first 16 offense under the bill where the total value of the ivory 17 or rhinoceros horn involved is $250 or less is guilty of a 18 simple misdemeanor. A simple misdemeanor is punishable by 19 confinement for no more than 30 days or a fine of at least $65 20 but not more than $625 or by both. A person convicted of a 21 first offense under the bill where the total value of the ivory 22 or rhinoceros horn involved is more than $250 is guilty of a 23 serious misdemeanor. A serious misdemeanor is punishable by 24 confinement for no more than one year and a fine of at least 25 $315 but not more than $1,875. A person convicted of a second 26 or subsequent offense under the bill where the total value of 27 the ivory or rhinoceros horn involved is less than $250 is 28 also guilty of a serious misdemeanor. A person convicted of 29 a second or subsequent offense under the bill where the total 30 value of the ivory or rhinoceros horn involved is more than 31 $250 is guilty of an aggravated misdemeanor. An aggravated 32 misdemeanor is punishable by confinement for no more than two 33 years and a fine of at least $625 but not more than $6,250. 34 The bill provides that for a conviction that results in a 35 -5- LSB 5804YH (2) 86 gh/nh 5/ 6

H.F. 2204 civil penalty, half of the civil penalty amount, but not to 1 exceed $500, is to be paid as a reward to a person who gave 2 information leading to the conviction. However, this reward 3 does not apply to law enforcement officers or agents of the 4 DNR. 5 The bill provides that ivory or rhinoceros horn seized upon 6 a conviction is forfeited and will either be maintained by the 7 DNR for educational or training purposes, donated to a bona 8 fide educational or scientific institution, or destroyed. 9 The bill provides that the natural resource commission may 10 adopt rules to carry out the provisions of the bill. 11 The bill takes effect January 1, 2017. 12 -6- LSB 5804YH (2) 86 gh/nh 6/ 6