February Session, 2016
LCO No. 5975
REP. BOLINSKY, 106th Dist.
"AN ACT PROHIBITING THE SALE AND TRADE OF IVORY AND RHINOCEROS HORN. "
Strike everything after the enacting clause and substitute the following in lieu thereof:
"Section 1. (NEW) (Effective October 1, 2016) For the purposes of this section:
(1) "Bona fide educational or scientific institution" means an institution that establishes through documentation either of the following: (A) Educational or scientific tax exemption, from the federal Internal Revenue Service or the institution's national, state or local tax authority; or (2) accreditation as an educational or scientific institution, from a national, regional, state or local authority for the institution's location;
(2) "Ivory" means any tooth or tusk composed of ivory from a species of elephant or hippopotamus, or a piece thereof, whether raw ivory or worked ivory, or made into or part of an ivory product;
(3) "Ivory product" means any item that contains ivory, that is wholly or partially made from ivory, or that is advertised as containing ivory;
(4) "Raw ivory" means polished or unpolished ivory that is unaltered or minimally changed by carving;
(5) "Rhinoceros horn" means the horn, or a piece thereof, of a species of rhinoceros;
(6) "Rhinoceros horn product" means any item that contains rhinoceros horn, is wholly or partially made from any rhinoceros horn, or is advertised as containing rhinoceros horn;
(7) "Sale" or "sell" means selling, trading, bartering for monetary or nonmonetary consideration, or giving away in conjunction with a commercial transaction;
(8) "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 products, whichever is greater; and
(9) "Worked ivory" means embellished, carved, marked or otherwise altered ivory that can no longer be considered raw ivory.
(b) No person shall import, sell, offer for sale, purchase, barter or possess with the intent to sell, any ivory, ivory product, rhinoceros horn or rhinoceros horn product, except as otherwise provided in this section.
(c) It shall be prima facia evidence of possession with intent to sell when ivory, an ivory product, rhinoceros horn or rhinoceros horn product is possessed in a retail or wholesale outlet commonly used for buying or selling of similar products, provided nothing in this subsection shall preclude a finding of intent to sell based on any other evidence that may independently establish such intent.
(d) Notwithstanding the provisions of subsection (b) of this section, unless such activity is prohibited by federal law, rule or regulation, the following activities shall be permitted:
(1) Any conveyance of ivory, an ivory product, rhinoceros horn or rhinoceros horn product that is part of an estate or other items being conveyed to lawful beneficiaries upon the death of an owner, to a legal beneficiary;
(2) Employees or agents of the federal or state government undertaking law enforcement activities pursuant to federal or state law or any mandatory duties required by federal or state law;
(3) An import expressly authorized by federal license or permit or a lawful permit issued under 46 the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES);
(4) The import, sale, offer for sale, purchase, barter or possession with intent to sell, ivory, ivory product, rhinoceros horn or rhinoceros horn product to a bona fide educational or scientific institution for bona fide educational purposes or for conducting noncommercial scientific purposes or to a museum, if both of the following criteria are satisfied: (A) Such activity is not prohibited by federal law; and (B) the ivory or rhinoceros horn was legally acquired before January 1, 1991, and was not subsequently transferred from one person to another for financial gain or profit after the effective date of this section;
(5) The sale of a manufactured or handmade item containing ivory, provided: (A) Such item is a bona fide antique and is established by the owner or seller, through either historical documentation demonstrating provenance or through authentication consistent with federal standards, to satisfy the criteria of 16 USC 1539; (B) the item is a musical instrument, provided that the ivory component is less than twenty per cent by volume of the instrument and the owner or seller provides historical documentation demonstrating provenance and showing the item was manufactured no later than 1975; or (C) the item contains de minimis quantities of ivory and meets all the following criteria: (i) The ivory is a fixed component or components of a larger manufactured or handmade item and is not, in its current form, the primary source of the value of the item; (ii) the ivory is not raw; (iii) the manufactured item is not made wholly or primarily of ivory; (iv) the total weight of the ivory component or components is less than two hundred grams; (v) the item was manufactured before the effective date of this section; and (vi) the ivory was imported into the United States prior to January 18, 1990, or was imported to the United States under a CITES preconvention certificate with no limitation on its commercial use.
(e) Any person who violates the provisions of this section or any regulation adopted pursuant to this section shall: (1) For a first offense, be fined not more than four thousand dollars or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn or rhinoceros horn products involved in the offense, and may be imprisoned not more than six months; (2) for a second or subsequent offense, be fined not less than eight thousand dollars or an amount equal to two times the total value of the ivory, ivory products, rhinoceros horn or rhinoceros horn products involved in the offense, whichever is greater, and may be imprisoned for not longer than eighteen months; and (3) for an offense where the total value of the ivory, ivory products, rhinoceros horn or rhinoceros horn products involved in the offense are equal to twenty-five thousand dollars or more, be fined not less than forty thousand dollars or an amount equal to two times such total value, whichever is greater and may be imprisoned for not longer than thirty months.
(f) Upon any conviction for violating the provisions of this section, the court shall order the seizure of all ivory, ivory products, rhinoceros horn or rhinoceros horn products involved in the violation and determine the penalty for the violation based on the assessed value of the seized products according to subsection (e) of this section. After sentencing the defendant, the court shall order that the seized ivory, ivory products, rhinoceros horn or rhinoceros horn products be transferred to the Department of Energy and Environmental Protection for proper disposition. The department, at its discretion, may destroy the ivory, ivory products, rhinoceros horn or rhinoceros horn products or donate such items to an educational or scientific institution or organization, including, but not limited to, a museum or university.
(g) There is established a separate, nonlapsing fund of the General Fund to be known as the Elephant Ivory and Rhino Horn Trafficking Enforcement Fund. Such fund shall contain all moneys as directed by law. The fund shall be used by the Department of Energy and Environmental Protection to increase or expand enforcement and educational efforts related to the provisions of this section and to provide financial rewards offered to persons providing information leading to the arrest and conviction of persons found to be in violation of this section. The department may use the fund for necessary and reasonable administrative and personnel costs related to the specific purposes of the fund. The department shall not use the fund for personnel costs that exist as of the effective date of this section.
(h) The Commissioner of Energy and Environmental Protection may, in accordance with the provisions of chapter 54 of the general statutes adopt regulations to implement the provisions of this section. "
This act shall take effect as follows and shall amend the following sections:
October 1, 2016