Senate File 30 - Introduced SENATE FILE 30 BY McCOY A BILL FOR An Act prohibiting the sale of ivory and rhinoceros horns with 1 certain permitted exceptions and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1130XS (3) 86 ad/nh

S.F. 30 Section 1. Section 455A.4, subsection 1, Code 2015, is 1 amended by adding the following new paragraph: 2 NEW PARAGRAPH . k. Issue permits for the sale, offering 3 for sale, purchase, trade, barter, or distribution of ivory 4 articles or rhinoceros horns pursuant to chapter 717G. 5 Sec. 2. NEW SECTION . 717G.1 Definitions. 6 As used in this chapter, unless the context otherwise 7 requires: 8 1. “Distribute” means a transfer or change in possession 9 with an accompanying change in legal ownership. 10 2. “Ivory article” means any item containing worked or raw 11 ivory from any species of elephant or mammoth. 12 3. “Raw ivory” means an elephant or mammoth tusk, and any 13 piece thereof, the surface of which, polished or unpolished, is 14 unaltered or minimally carved. 15 4. “Rhinoceros horn” means the horn, or any piece thereof, 16 of any species of rhinoceros. 17 5. “Rhinoceros horn product” means any item that contains, 18 or is wholly or partially made from, a rhinoceros horn. 19 6. “Worked ivory” means an elephant or mammoth tusk, and any 20 piece thereof, which is not raw ivory. 21 Sec. 3. NEW SECTION . 717G.2 Sale of ivory and rhinoceros 22 horns prohibited. 23 1. Except as provided in section 717G.3, a person shall not 24 sell, offer for sale, purchase, trade, barter, or distribute an 25 ivory article or rhinoceros horn. 26 2. A violation of this section is a class “D” felony. 27 Sec. 4. NEW SECTION . 717G.3 Permits. 28 Unless prohibited by federal law, rule, or regulation, 29 the department of natural resources may issue a permit for 30 the sale, offering for sale, purchase, trade, barter, or 31 distribution of an ivory article or rhinoceros horn in any of 32 the following circumstances pursuant to rules adopted by the 33 department pursuant to chapter 17A: 34 1. If the ivory article or rhinoceros horn is part of an 35 -1- LSB 1130XS (3) 86 ad/nh 1/ 3

S.F. 30 antique and is less than twenty percent by volume of such 1 antique and the antique status is established by the owner or 2 seller with historical documentation and showing the antique to 3 be at least one hundred years old. 4 2. The distribution or change of possession of the ivory 5 article or rhinoceros horn is for an educational or scientific 6 purpose. 7 3. The distribution of the ivory article or rhinoceros horn 8 is to a legal beneficiary of a trust or to an heir of an estate. 9 4. The ivory article or rhinoceros horn is part of a 10 musical instrument and the owner or seller provides historical 11 documentation demonstrating the item was manufactured no later 12 than 1975. 13 Sec. 5. NOTICE. The department of natural resources shall 14 maintain information regarding the prohibition against the sale 15 or purchase of ivory articles or rhinoceros horns in the state 16 on its internet site within thirty days of the effective date 17 of this Act. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill prohibits the sale of ivory and rhinoceros 22 horns with exceptions. A person who sells, offers for sale, 23 purchases, trades, barters, or distributes an ivory article or 24 rhinoceros horn is guilty of a class “D” felony. The sentence 25 for a class “D” felony includes imprisonment for no more than 26 five years and a fine of at least $750 but not more than $7,500. 27 The bill allows the department of natural resources to issue 28 permits for sales of ivory articles or rhinoceros horns that 29 are any of the following: antiques when the ivory article or 30 rhinoceros horn constitutes less than 20 percent of the volume 31 and the buyer or seller establishes that the antique is at 32 least 100 years old, distributed for educational or scientific 33 purposes, distributed to a legal beneficiary of a trust or an 34 heir to an estate, or part of a musical instrument manufactured 35 -2- LSB 1130XS (3) 86 ad/nh 2/ 3

S.F. 30 no later than 1975. The department shall issue permits for the 1 sale of such items. 2 -3- LSB 1130XS (3) 86 ad/nh 3/ 3