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2015 - 2016 LEGISLATURE
February 11, 2016 - Introduced by Senators Risser and C. Larson, cosponsored by
Representatives Mason, Ohnstad, Berceau, Subeck, Sinicki, Kessler, Wachs
and C. Taylor. Referred to Committee on Judiciary and Public Safety.
SB728,1,2 1An Act to create 100.70 of the statutes; relating to: the sale and purchase of
2products containing ivory or rhinoceros horn and providing a criminal penalty.
Analysis by the Legislative Reference Bureau
This bill prohibits, with certain exceptions, a person from selling, offering for
sale, possessing with the intent to sell, distributing, purchasing, obtaining, or
trading an item containing ivory or rhinoceros horn. The prohibition does not apply
to 1) a federal, state, or tribal government employee conducting law enforcement
activities, 2) the transfer of an item to a beneficiary of a trust or estate upon the death
of the grantor or testator, 3) an item imported as allowed by a federal license or
permit, or 4) an action allowed under rules promulgated by the Department of
Agriculture, Trade and Consumer Protection.
A person who violates this prohibition is subject to a minimum fine of 1) the
greater of $1,000 or twice the value of the item for the first offense, or 2) the greater
of $5,000 or three times the value of the item for the second or subsequent offense.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB728,1 3Section 1. 100.70 of the statutes is created to read:
1100.70 Items containing ivory or rhinoceros horn. (1) Definitions. In
2this section:
SB728,2,33 (a) "Ivory" means a tooth or tusk composed of ivory from any animal.
SB728,2,54 (b) "Total value" means the fair market value of an item or the actual value paid
5for an item, whichever is greater.
SB728,2,8 6(2) Prohibition. (a) Except as provided under sub. (3), no person may sell, offer
7for sale, possess with the intent to sell, distribute, purchase, obtain, or trade any item
8containing or composed entirely of ivory or rhinoceros horn.
SB728,2,119 (b) Possession of an item containing or composed entirely of ivory or rhinoceros
10horn in a retail or wholesale outlet that is commonly used to buy or sell similar items
11is presumptive evidence of possession with the intent to sell under par. (a).
SB728,2,12 12(3) Exceptions. (a) Subsection (2) (a) does not apply to any of the following:
SB728,2,1513 1. An employee or agent of the federal government or a state or tribal
14government conducting any law enforcement activities or other duties under federal,
15state, or tribal law.
SB728,2,1716 2. An item transferred to or obtained by a beneficiary of a trust or estate upon
17the death of the grantor or testator.
SB728,2,1818 3. An item imported as allowed by a federal license or permit.
SB728,2,2019 4. An item transferred or obtained as allowed under rules promulgated under
20par. (b).
SB728,2,2321 (b) The department may allow an action otherwise prohibited under sub. (2)
22(a) under terms and conditions prescribed by the department by rule, unless the
23action is prohibited by federal law.
SB728,2,25 24(4) Penalties and seizure. (a) A person who violates sub. (2) (a) shall be subject
25to the following penalties:
11. For the first offense, a fine of not less than $1,000 or twice the total value of
2the item, whichever is greater.
SB728,3,43 2. For the second or subsequent offense, a fine of not less than $5,000 or 3 times
4the total value of the item, whichever is greater.
SB728,3,75 (b) The department may destroy or donate to an educational or scientific
6institution or organization any item transferred or obtained in violation of sub. (2)
7(a) that is forfeited under ss. 973.075 to 973.077.
SB728,3,88 (End)