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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1636 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ANIMAL CRUELTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Revised Statutes is amended by adding a new chapter to title 12 to be appropriately designated and to read as follows:
"Chapter
unlawful sale or trade of ivory products
§ -1 Definitions. As used in this chapter unless the context otherwise requires:
"Department" means the department of land and natural resources.
"Ivory product" means any product, regardless of age, containing or advertised as containing raw or worked ivory teeth or tusks from any of the following species of wildlife:
(1) Elephants;
(2) Hippopotamuses;
(3) Walruses;
(4) Whales; and
(5) Narwhals.
"Person" has the same meaning as in section 711-1108.5.
"Sale" or "sell" means all acts of selling, trading, or bartering for monetary or nonmonetary consideration, including online and internet sales.
§ -3 Unlawful sale or trade of ivory products. (a) A person commits the offense of unlawful sale or trade of ivory products if the person imports, sells, offers to sell, or possesses with intent to sell any ivory product. The act of obtaining an appraisal of the ivory product shall not alone constitute possession with intent to sell.
(b) A person convicted of committing the offense of unlawful sale or trade of ivory products shall be sentenced as follows for each offense:
(1) For the first offense, the person shall be guilty of a misdemeanor and shall be fined not less than $1,000, or an amount equal to two times the total value of the ivory products involved in the offense, whichever is greater, or the person may be sentenced to a term of imprisonment, or both; and
(2) For any second or subsequent offense, the person shall be guilty of a class C felony and shall be fined not less than $5,000, or an amount equal to two times the total value of the ivory products involved in the offense, whichever is greater, or the person may be sentenced to a term of imprisonment, or both.
(c) This section shall not apply to:
(1) Employees or agents of the federal government undertaking any law enforcement activities pursuant to federal law or any mandatory duties required by federal law;
(2) Persons importing ivory products that are expressly authorized by federal license or permit; or
(3) Persons selling, offering for sale, or possessing with intent to sell any ivory product or product containing ivory when the person possesses documentation, and provides the documentation to the person purchasing the ivory product and to the department upon request, that:
(A) Clearly matches the description of the ivory product;
(B) Demonstrates that the specific ivory product was:
(i) Legally imported to the United States prior to 1975 if the ivory product is Asian elephant ivory;
(ii) Legally imported to the United States prior to 1990 if the ivory product is African elephant ivory; or
(iii) For walrus and whale species, legally possessed or imported to the United States prior to 1972;
(C) Provides definitive proof of the identity of the species of which the ivory product is composed in whole or in part; provided that proof shall be demonstrated in the following forms:
(i) A bona fide DNA analysis;
(ii) A qualified appraisal as that term is defined in Director's Order No. 210 dated February 25, 2014, from the United States Fish and Wildlife Service, "Administrative Actions to Strengthen U.S. Trade Controls for Elephant Ivory, Rhinoceros Horn, and Parts and Products of Other Species Listed Under the Endangered Species Act (ESA)", and Director's Order No. 210, Appendix 1; or
(iii) Other documentation that definitively demonstrates the identification of the species through a detailed chain of ownership analysis of the ivory product; and
(D) Demonstrates that the ivory product meets the federal definition of antique, as provided by title 16 U.S.C. section 1539(h).
(d) For the purposes of this section, "total value of the ivory products" means the fair market value of the ivory products or the actual price paid for the ivory products, whichever is greater.
§ -4 Disposition of seized ivory products. Upon conviction or other entry of judgment for a violation of this chapter, any seized ivory products shall be subject to forfeiture pursuant to chapter 712A. Ivory products seized and forfeited may be destroyed or offered to an entity possessing a permit for educational or scientific activities.
§ -5 Remedies. Nothing in this chapter shall be construed to prohibit or impair any civil or administrative action or penalty available in law or equity.
§ -6 Rules. The department shall adopt rules in accordance with chapter 91 to effectuate the purposes of this chapter."
SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 3. This Act shall take effect upon approval; provided that this Act shall not apply to ivory products imported into the State prior to the effective date of this Act and initially sold prior to June 30, 2019.
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INTRODUCED BY: |
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Report Title:
Animal Cruelty; Import and Sale of Ivory Products; Prohibitions; Penalties
Description:
Establishes the offense of the unlawful sale or trade of ivory products for any person who imports, sells, offers to sell, or possesses with the intent to sell any ivory product and creates exemptions for the sale or trade of ivory products. Grants a grace period against all enforcement actions against ivory products in the State prior to the effective date of the measure until June 30, 2019.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.