Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S616 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 of 1
2	2	SENATE DOCKET, NO. 548 FILED ON: 1/13/2025
3	3	SENATE . . . . . . . . . . . . . . No. 616
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Jason M. Lewis
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to ivory and rhinoceros horn trafficking.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexMichael O. MooreSecond Worcester2/3/2025Marcus S. Vaughn9th Norfolk2/7/2025James K. Hawkins2nd Bristol2/7/2025James B. EldridgeMiddlesex and Worcester2/11/2025Adam GomezHampden2/19/2025Michael J. BarrettThird Middlesex2/21/2025Bruce E. TarrFirst Essex and Middlesex2/27/2025Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	2/27/2025John F. KeenanNorfolk and Plymouth3/4/2025Adam J. Scanlon14th Bristol3/5/2025 1 of 7
18	18	SENATE DOCKET, NO. 548 FILED ON: 1/13/2025
19	19	SENATE . . . . . . . . . . . . . . No. 616
20	20	By Mr. Lewis, a petition (accompanied by bill, Senate, No. 616) of Jason M. Lewis, Michael O.
21	21	Moore, Marcus S. Vaughn, James K. Hawkins and other members of the General Court for
22	22	legislation relative to ivory and rhonoceros horn trafficking. Environment and Natural
23	23	Resources.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 519 OF 2023-2024.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Fourth General Court
29	29	(2025-2026)
30	30	_______________
31	31	An Act relative to ivory and rhinoceros horn trafficking.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. The General Laws are hereby amended by inserting after chapter 131B the
35	35	2following chapter:-
36	36	3 CHAPTER 131C.
37	37	4 IVORY AND RHINOCEROS HORN TRAFFICKING
38	38	5 Section 1. (a) As used in this chapter, the following terms shall have the following
39	39	6meanings, unless the context requires otherwise:- 2 of 7
40	40	7 "Ivory", a tooth or tusk from any species of elephant, mammoth or mastodon, or a piece
41	41	8thereof, or an item or product containing a tooth or tusk from any of said species, or containing a
42	42	9piece thereof.
43	43	10 "Rhinoceros horn", the horn, or a piece thereof, or derivative such as powder, of any
44	44	11species of rhinoceros, or an item or product containing rhinoceros horn or a piece or derivative
45	45	12thereof.
46	46	13 "Total value”, the fair market value of the ivory or rhinoceros horn, or the actual price
47	47	14paid for the ivory or rhinoceros horn, whichever is greater.
48	48	15 “Bona fide educational or scientific institution”, an institution that establishes through
49	49	16documentation an educational or a scientific tax exemption, from the federal Internal Revenue
50	50	17Service or the institution’s national or state tax authority.
51	51	18 “Sale” or “sell”, selling, trading, bartering or offering for sale, trade or barter for
52	52	19monetary or nonmonetary consideration, including, but not limited to any transfer of ownership
53	53	20that occurs in the course of a commercial transaction.
54	54	21 (i) The term does not include a nonmonetary transfer of ownership by way of gift,
55	55	22donation or bequest.
56	56	23 (ii) For purposes of this section, a sale shall be deemed to occur in this Commonwealth if:
57	57	24 (1) the buyer takes physical possession of the ivory or rhinoceros horn in this
58	58	25Commonwealth; or
59	59	26 (2) the seller is located in this Commonwealth. 3 of 7
60	60	27 Section 2. (a) Notwithstanding any general or special law to the contrary and in addition
61	61	28to the prohibitions and penalties established under sections 1 to 7, inclusive, of chapter 131A, no
62	62	29person shall sell, offer for sale, purchase, or possess with intent to sell, any ivory or rhinoceros
63	63	30horn, except as provided in this section.
64	64	31 (b) It shall be prima facia evidence of possession with intent to sell when a person
65	65	32possesses ivory or rhinoceros horn in a retail or wholesale outlet; provided, however, that
66	66	33nothing in this subsection shall preclude a finding of intent to sell based on any other evidence
67	67	34which may independently establish such intent.
68	68	35 (c) Subsection (a) shall not apply to:
69	69	36 (i) an employee or agent of the federal or state government undertaking a law
70	70	37enforcement activity pursuant to federal or state law or a mandatory duty required by federal
71	71	38law;
72	72	39 (ii) an activity that is authorized by an exemption or permit under federal law or that is
73	73	40otherwise expressly authorized under federal law;
74	74	41 (iii) ivory or rhinoceros horn that is a fixed component of a musical instrument,
75	75	42including, but not limited to, a string or wind instrument or piano; provided, however, that the
76	76	43ivory or rhinoceros horn was legally acquired; and provided further, that the total weight of the
77	77	44ivory or rhinoceros horn is less than 200 grams;
78	78	45 (iv) ivory or rhinoceros horn that is a fixed component of an antique that is not made
79	79	46wholly or primarily of ivory or rhinoceros horn; provided, however that the antique status is
80	80	47established by the owner or seller thereof with documentation evidencing provenance and 4 of 7
81	81	48showing that the ivory or rhinoceros horn is not less than 100 years old, and provided that the
82	82	49total weight of the ivory or rhinoceros horn is less than 200 grams;
83	83	50 (v) manufactured or handcrafted items that contain a de minimis amount of ivory,
84	84	51provided, that the seller can demonstrate compliance with all of the following criteria:
85	85	52 (1) the ivory was imported into the United States prior to January 18, 1990, or was
86	86	53imported into the United States under a Convention on International Trade in Endangered
87	87	54Species of Wild Fauna and Flora pre-Convention certificate with no limitation on its commercial
88	88	55use;
89	89	56 (2) the ivory is a fixed or integral component of a larger manufactured or handcrafted
90	90	57item and is not in its current form the primary source of the value of the item; provided, however,
91	91	58that the ivory does not account for more than 50 percent of the value of the item;
92	92	59 (3) the ivory is not raw;
93	93	60 (4) the manufactured or handcrafted item is not made wholly or primarily of ivory;
94	94	61provided, however, that the ivory does not account for more than 50 percent of the item volume;
95	95	62 (5) the total weight of the ivory component or components is less than 200 grams; and
96	96	63 (6) the item was manufactured or handcrafted before July 6, 2016;
97	97	64 (vi) the purchase, sale, offer for sale, or possession with intent to sell ivory or rhinoceros
98	98	65horn to a bona fide educational or scientific institution for educational or scientific purposes;
99	99	66provided, however, that: (1) the purchase, sale, offer for sale, or possession with intent to sell the
100	100	67ivory or rhinoceros horn is not prohibited by federal law; and (2) the ivory or rhinoceros horn 5 of 7
101	101	68was legally acquired before January 1, 1991, and was not subsequently transferred from one
102	102	69person to another for financial gain or profit after July 1, 2026;
103	103	70 Section 3. (a) Violations of this chapter shall be punished:
104	104	71 (i) for a first offense, by a fine of not more than $4,000 or 2 times the total value of the
105	105	72ivory and rhinoceros horn involved in the offense, whichever is greater, or imprisonment up to 6
106	106	73months in a house of correction, or both;
107	107	74 (ii) for a second offense, by a fine of not less than $8,000 or 2 times the total value of the
108	108	75ivory and rhinoceros horn involved in the offense, whichever is greater, or by imprisonment for
109	109	76up to 18 months in a house of correction, or both; or
110	110	77 (iii) for a third or subsequent offense or for an offense where the total value of the ivory
111	111	78or rhinoceros horn involved in the offense is not less than $25,000, by imprisonment for up to
112	112	79two and a half years in a house of correction and a fine of not less than $40,000 or 2 times the
113	113	80total value of the ivory and rhinoceros horn involved in the offense, whichever is greater.
114	114	81 Fines assessed pursuant to this section shall be deposited in the Elephant Ivory and Rhino
115	115	82Horn Trafficking Enforcement Fund under section 4.
116	116	83 (b) Upon a conviction for violation of this chapter, the court shall order the seizure of all
117	117	84ivory and rhinoceros horn involved in the violation and shall transfer the products to the
118	118	85department of fish and game for proper disposition. The department, at its discretion, may
119	119	86destroy the ivory and rhinoceros horn or donate it to a bona fide educational or scientific
120	120	87institution. 6 of 7
121	121	88 Section 4. (a) There shall be an Elephant Ivory and Rhinoceros Horn Trafficking
122	122	89Enforcement Fund. The director of law enforcement shall administer the fund to increase or
123	123	90expand enforcement and educational efforts related to the provisions of this chapter which may
124	124	91include financial rewards offered to a person providing information leading to the arrest and
125	125	92conviction of a person found to be in violation of this chapter. The office of law enforcement
126	126	93may use the fund for necessary and reasonable administrative and personnel costs related to the
127	127	94specific purposes of the fund. The office of law enforcement shall not use the fund for personnel
128	128	95or overhead costs not related to the purposes of the fund. The fund shall not be assessed any
129	129	96indirect costs.
130	130	97 (b) There shall be credited to the fund: (i) all revenues received under section 3; (ii)
131	131	98revenue from appropriations or other money authorized by the general court and specifically
132	132	99designated to be credited to the fund; and (iii) funds from public or private sources including, but
133	133	100not limited to, gifts, grants, donations, rebates and settlements received by the commonwealth
134	134	101that are specifically designated to be credited to the fund.
135	135	102 The fund may be expended by the director of law enforcement without further
136	136	103appropriation and any funds remaining at the end of a fiscal year shall not revert to the General
137	137	104Fund and shall be available for use in subsequent fiscal years. The director shall report annually,
138	138	105not later than October 1, on the fund's activity to the senate and house chairs of the joint
139	139	106committee on environment, natural resources and agriculture and the house and senate
140	140	107committees on ways and means. The report shall include, but not be limited to, an accounting of:
141	141	108(i) revenue received by the fund; (ii) expenditures from the fund, including the recipient, date
142	142	109and reason for the expenditure; and (iii) the total fund balance. 7 of 7
143	143	110 SECTION 2. This act shall take effect 1 year from the date of passage.