Bill Summaries: H768 (2017-2018 Session)

Tracking:
  • Summary date: Apr 11 2017 - View summary

    Recodifies GS 113-331 through GS 113-337 as GS Chapter 113, Article 25, Part 1, titled "General Provisions."

    Enacts new GS Chapter 113, Article 25, Part 2 (Ivory and Rhinoceros Horn).

    New GS 113-338 defines eight terms as they are used in the Part.

    New GS 113-339 prohibits the import, sale, offer, purchase, barter, or possession with intent of sale of ivory or rhinoceros horn. Provides a presumption that possession of ivory or rhinoceros horn in a retail or wholesale outlet commonly used for buying or selling similar products is possession with intent to sell. Does not preclude finding of intent to sell based on any other evidence. Provides that appraisal, alone, does not constitute possession with intent to sell. Authorizes the conveyance of ivory or rhinoceros horn as part of an estate of other items being conveyed to lawful beneficiaries upon the death of the owner, or in anticipation of that death. Exempts six listed classes of actions, including law enforcement activities by employees or agents of the federal or state government. Provides that a person claiming an exception has the burden of proving that the exception was applicable, valid, and in force at the time of the alleged violation.

    New GS 113-340 provides that a person who violates this statute will be fined $1,000 for a first offense and $5,000 for a second or subsequent offense, or two times the total value of the covered animal product involved in the offense, whichever is greater, in addition to any federal penalty. Requires a court to order the seizure of ivory or rhinoceros horn involved in any violation that leads to a conviction under this statute, and subsequent destruction or donation to an educational or scientific institution of the ivory or rhinoceros horn.

    New GS 113-341 authorizes the Wildlife Resources Commission to adopt rules to implement this statute.

    New GS 113-342 directs the Wildlife Resources Commission to maintain on its website information regarding the prohibition of the sale and purchase of ivory and rhinoceros horn.

    New GS 113-343 directs the Wildlife Resources Commission to submit a report on the prohibition of the sale of ivory and rhinoceros horn, as specified, to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources and the Fiscal Research Division by January 15, 2022.

    Effective January 1, 2018.