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Senate File 30 - IntroducedA Bill ForAn Act 1prohibiting the sale of ivory and rhinoceros horns with
2certain permitted exceptions and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455A.4, subsection 1, Code 2015, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. k. Issue permits for the sale, offering
4for sale, purchase, trade, barter, or distribution of ivory
5articles or rhinoceros horns pursuant to chapter 717G.
6 Sec. 2. NEW SECTION. 717G.1 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Distribute” means a transfer or change in possession
10with an accompanying change in legal ownership.
112. “Ivory article” means any item containing worked or raw
12ivory from any species of elephant or mammoth.
133. “Raw ivory” means an elephant or mammoth tusk, and any
14piece thereof, the surface of which, polished or unpolished, is
15unaltered or minimally carved.
164. “Rhinoceros horn” means the horn, or any piece thereof,
17of any species of rhinoceros.
185. “Rhinoceros horn product” means any item that contains,
19or is wholly or partially made from, a rhinoceros horn.
206. “Worked ivory” means an elephant or mammoth tusk, and any
21piece thereof, which is not raw ivory.
22 Sec. 3. NEW SECTION. 717G.2 Sale of ivory and rhinoceros
23horns prohibited.
241. Except as provided in section 717G.3, a person shall not
25sell, offer for sale, purchase, trade, barter, or distribute an
26ivory article or rhinoceros horn.
272. A violation of this section is a class “D” felony.
28 Sec. 4. NEW SECTION. 717G.3 Permits.
29Unless prohibited by federal law, rule, or regulation,
30the department of natural resources may issue a permit for
31the sale, offering for sale, purchase, trade, barter, or
32distribution of an ivory article or rhinoceros horn in any of
33the following circumstances pursuant to rules adopted by the
34department pursuant to chapter 17A:
351. If the ivory article or rhinoceros horn is part of an
-1-1antique and is less than twenty percent by volume of such
2antique and the antique status is established by the owner or
3seller with historical documentation and showing the antique to
4be at least one hundred years old.
52. The distribution or change of possession of the ivory
6article or rhinoceros horn is for an educational or scientific
7purpose.
83. The distribution of the ivory article or rhinoceros horn
9is to a legal beneficiary of a trust or to an heir of an estate.
104. The ivory article or rhinoceros horn is part of a
11musical instrument and the owner or seller provides historical
12documentation demonstrating the item was manufactured no later
13than 1975.
14 Sec. 5. NOTICE. The department of natural resources shall
15maintain information regarding the prohibition against the sale
16or purchase of ivory articles or rhinoceros horns in the state
17on its internet site within thirty days of the effective date
18of this Act.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill prohibits the sale of ivory and rhinoceros
23horns with exceptions. A person who sells, offers for sale,
24purchases, trades, barters, or distributes an ivory article or
25rhinoceros horn is guilty of a class “D” felony. The sentence
26for a class “D” felony includes imprisonment for no more than
27five years and a fine of at least $750 but not more than $7,500.
28The bill allows the department of natural resources to issue
29permits for sales of ivory articles or rhinoceros horns that
30are any of the following: antiques when the ivory article or
31rhinoceros horn constitutes less than 20 percent of the volume
32and the buyer or seller establishes that the antique is at
33least 100 years old, distributed for educational or scientific
34purposes, distributed to a legal beneficiary of a trust or an
35heir to an estate, or part of a musical instrument manufactured
-2-1no later than 1975. The department shall issue permits for the
2sale of such items.
-3-
2certain permitted exceptions and providing penalties.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 455A.4, subsection 1, Code 2015, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. k. Issue permits for the sale, offering
4for sale, purchase, trade, barter, or distribution of ivory
5articles or rhinoceros horns pursuant to chapter 717G.
6 Sec. 2. NEW SECTION. 717G.1 Definitions.
7As used in this chapter, unless the context otherwise
8requires:
91. “Distribute” means a transfer or change in possession
10with an accompanying change in legal ownership.
112. “Ivory article” means any item containing worked or raw
12ivory from any species of elephant or mammoth.
133. “Raw ivory” means an elephant or mammoth tusk, and any
14piece thereof, the surface of which, polished or unpolished, is
15unaltered or minimally carved.
164. “Rhinoceros horn” means the horn, or any piece thereof,
17of any species of rhinoceros.
185. “Rhinoceros horn product” means any item that contains,
19or is wholly or partially made from, a rhinoceros horn.
206. “Worked ivory” means an elephant or mammoth tusk, and any
21piece thereof, which is not raw ivory.
22 Sec. 3. NEW SECTION. 717G.2 Sale of ivory and rhinoceros
23horns prohibited.
241. Except as provided in section 717G.3, a person shall not
25sell, offer for sale, purchase, trade, barter, or distribute an
26ivory article or rhinoceros horn.
272. A violation of this section is a class “D” felony.
28 Sec. 4. NEW SECTION. 717G.3 Permits.
29Unless prohibited by federal law, rule, or regulation,
30the department of natural resources may issue a permit for
31the sale, offering for sale, purchase, trade, barter, or
32distribution of an ivory article or rhinoceros horn in any of
33the following circumstances pursuant to rules adopted by the
34department pursuant to chapter 17A:
351. If the ivory article or rhinoceros horn is part of an
-1-1antique and is less than twenty percent by volume of such
2antique and the antique status is established by the owner or
3seller with historical documentation and showing the antique to
4be at least one hundred years old.
52. The distribution or change of possession of the ivory
6article or rhinoceros horn is for an educational or scientific
7purpose.
83. The distribution of the ivory article or rhinoceros horn
9is to a legal beneficiary of a trust or to an heir of an estate.
104. The ivory article or rhinoceros horn is part of a
11musical instrument and the owner or seller provides historical
12documentation demonstrating the item was manufactured no later
13than 1975.
14 Sec. 5. NOTICE. The department of natural resources shall
15maintain information regarding the prohibition against the sale
16or purchase of ivory articles or rhinoceros horns in the state
17on its internet site within thirty days of the effective date
18of this Act.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill prohibits the sale of ivory and rhinoceros
23horns with exceptions. A person who sells, offers for sale,
24purchases, trades, barters, or distributes an ivory article or
25rhinoceros horn is guilty of a class “D” felony. The sentence
26for a class “D” felony includes imprisonment for no more than
27five years and a fine of at least $750 but not more than $7,500.
28The bill allows the department of natural resources to issue
29permits for sales of ivory articles or rhinoceros horns that
30are any of the following: antiques when the ivory article or
31rhinoceros horn constitutes less than 20 percent of the volume
32and the buyer or seller establishes that the antique is at
33least 100 years old, distributed for educational or scientific
34purposes, distributed to a legal beneficiary of a trust or an
35heir to an estate, or part of a musical instrument manufactured
-2-1no later than 1975. The department shall issue permits for the
2sale of such items.
-3-