Bill Text: MI HB4509 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Natural resources; wildlife; ivory, ivory product, rhinoceros horn, or rhinoceros horn product; prohibit importation, sale, purchase, barter, or possession with intent to sell. Creates new act.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2015-04-28 - Printed Bill Filed 04/24/2015 [HB4509 Detail]

Download: Michigan-2015-HB4509-Introduced.html

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HOUSE BILL No. 4509

 

April 23, 2015, Introduced by Reps. Yanez, Derek Miller, Wittenberg, Zemke, Plawecki and Irwin and referred to the Committee on Natural Resources.

 

     A bill to prohibit the sale, purchase, barter, or possession

 

with intent to sell of ivory or rhinoceros horn or products

 

thereof; to authorize the issuance of permits; to provide for the

 

powers and duties of state governmental officers and agencies; to

 

require the seizure of certain items and provide for their

 

disposition; and to provide for penalties and remedies.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this section:

 

     (a) "Department" means the department of natural resources.

 

     (b) "Ivory" means any tooth or tusk composed of ivory from any

 

animal, including, but not limited to, an elephant, hippopotamus,

 

mammoth, narwhal, walrus, or whale, or any piece thereof, whether

 

or not polished, embellished, carved, or marked.

     (c) "Ivory product" means an item that contains, or that is

 

wholly or partially made from, ivory.

 

     (d) "Rhinoceros horn" means the horn, or any piece thereof, of

 

any species of rhinoceros.

 

     (e) "Rhinoceros horn product" means an item that contains, or

 

is wholly or partially made from, rhinoceros horn.

 

     (f) "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 horn products, whichever is

 

greater.

 

     Sec. 3. (1) Except as provided in this act, a person shall not

 

import, sell, offer for sale, purchase, barter, or possess with

 

intent to sell any ivory, ivory product, rhinoceros horn, or

 

rhinoceros horn product.

 

     (2) There is a rebuttable presumption that any ivory, ivory

 

product, rhinoceros horn, or rhinoceros horn product possessed in a

 

retail or wholesale outlet commonly used for the buying or selling

 

of similar products is possessed with 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.

 

     Sec. 5. (1) Section 3(1) does not apply to an employee or

 

agent of the federal government or this state undertaking any law

 

enforcement activity pursuant to federal or state law or any duty

 

imposed by federal or state law.

     (2) The prohibition on import set forth in section 3(1) does

 

not apply if the import is expressly authorized by a federal

 

license or permit.

 

     Sec. 7. Unless the activity is prohibited by federal law, the

 

department may issue a permit, under terms and conditions as the

 

department may prescribe, authorizing the import, sale, offer for

 

sale, purchase, barter, or possession with intent to sell of ivory,

 

an ivory product, rhinoceros horn, or a rhinoceros horn product

 

under any of the following conditions:

 

     (a) For bona fide educational or scientific purposes.

 

     (b) If the ivory, ivory product, rhinoceros horn, or

 

rhinoceros horn product is part of a bona fide antique and is less

 

than 20% by volume of the antique and if the owner or seller

 

establishes by documentation that the antique is not less than 100

 

years old.

 

     (c) If the ivory, ivory product, rhinoceros horn, or

 

rhinoceros horn product is part of a musical instrument, including,

 

but not limited to, string and wind instruments and pianos, or a

 

part of a firearm, and if the owner or seller establishes by

 

documentation that the item was manufactured not later than 1975.

 

     Sec. 9. The department may promulgate rules to implement this

 

act pursuant to the administrative procedures act of 1969, 1969 PA

 

306, MCL 24.201 to 24.328.

 

     Sec. 11. (1) A person who violates this act or a rule

 

promulgated or permit issued or under this act is guilty of a

 

misdemeanor punishable as follows:

 

     (a) For a first offense, by a fine of not less than $1,000.00

or an amount equal to twice the total value of the ivory, ivory

 

products, rhinoceros horn, and rhinoceros horn products involved in

 

the offense, whichever is greater.

 

     (b) For a second or subsequent offense, by a fine of not less

 

than $5,000.00 or an amount equal to twice the total value of the

 

ivory, ivory products, rhinoceros horn, and rhinoceros horn

 

products involved in the offense, whichever is greater.

 

     (2) Upon a conviction for violating this act or a rule

 

promulgated or permit issued under this act, the court shall order

 

the seizure of all ivory, ivory products, rhinoceros horn, and

 

rhinoceros horn products involved in the violation and determine

 

the fine for the violation.

 

     (3) After sentencing the defendant, the court shall order that

 

the seized ivory, ivory products, rhinoceros horn, and rhinoceros

 

horn products be transferred to the department for proper

 

disposition. The department, at its discretion, may destroy the

 

ivory, ivory products, rhinoceros horn, and rhinoceros horn

 

products or donate them to an educational or scientific institution

 

or organization, including, but not limited to, a zoo, museum,

 

university, or research group.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.