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S 616

Relates to designating the month of May "Korean American Family Month"

2025 Regular Session Introduced by Toby Stavisky and 1 co-sponsor

Massachusetts bans selling or possessing ivory or rhinoceros horn to curb poaching, with narrow exceptions for certain antiques, instruments, and educational use.

REFERRED TO GOVERNMENTAL OPERATIONS
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Bill Summary · S 616

Summary — S.616 (2025): An Act Relative to Ivory and Rhinoceros Horn Trafficking

Note on source materials: The provided materials include inconsistent metadata (different titles and sponsor lists). This summary focuses on the bill text included in the docket (Senate No. 616, One Hundred and Ninety‑Fourth General Court), which creates Chapter 131C in the Massachusetts General Laws addressing ivory and rhinoceros horn trafficking.

Purpose

The bill prohibits commercial trafficking in ivory and rhinoceros horn within the Commonwealth of Massachusetts to reduce demand that contributes to poaching and international wildlife crime, while carving narrow exceptions for certain pre‑existing, documented, and limited uses.

Key provisions

  • Definitions

    • “Ivory”: tooth or tusk (elephant, mammoth, mastodon) or products containing such.
    • “Rhinoceros horn”: horn, pieces or derivatives (including powder), or products containing such.
    • “Total value”: fair market value or actual price paid, whichever is greater.
    • “Sale/sell”: includes selling, trading, bartering or offering for sale (monetary or non‑monetary), but excludes gifts/donations/bequests. Sale is deemed to occur in the Commonwealth if buyer takes possession in-state or seller is located in-state.

  • Prohibition (Section 2)

    • Generally: No person may sell, offer for sale, purchase, or possess with intent to sell any ivory or rhinoceros horn, subject to listed exceptions.
    • Prima facie evidence: Possession of ivory/rhinoceros horn in a retail or wholesale outlet creates prima facie evidence of intent to sell.

  • Exceptions (selected)

    • Government law enforcement activities or conduct expressly permitted under federal law.
    • Musical instruments containing ivory or horn if legally acquired and total weight < 200 grams.
    • Antiques that are not wholly/primarily made of ivory/horn with provenance showing the ivory/horn is ≥100 years old and total weight < 200 grams.
    • Manufactured/handcrafted items that contain a de minimis amount of ivory meeting ALL criteria:
    • Imported into U.S. before Jan 18, 1990, or with a pre‑CITES certificate allowing commercial use;
    • Ivory is fixed/integral and not primary value source (≤50% of value and ≤50% of item volume);
    • Not raw; total ivory weight < 200 grams;
    • Item manufactured/handcrafted before July 6, 2016.
    • Transactions with bona fide educational or scientific institutions provided the item was legally acquired before Jan 1, 1991 and was not transferred for financial gain after July 1, 2026 (and not otherwise prohibited by federal law).

  • Penalties (Section 3, excerpted)

    • 1st offense: fine ≤ $4,000 or 2× total value (whichever greater), or up to 6 months in a house of correction, or both.
    • 2nd offense: fine ≥ $8,000 or 2× total value (whichever greater), or up to 18 months in a house of correction, or both.
    • 3rd/subsequent or high‑value offense: text truncated in provided copy (penalties not fully available).

Who is affected

  • Commercial dealers, antique sellers, artisans, online marketplaces, musical instrument owners, museums/educational institutions, and collectors operating or transacting in Massachusetts.
  • Law enforcement and regulatory agencies tasked with investigation and enforcement.
  • Consumers seeking to buy or sell items that contain historic ivory/horn will face documentation and legal compliance requirements.

Procedural status & timeline (selected)

  • Filed: 1/13/2025 (Senate Docket No. 548).
  • Introduced/Read twice and referred to Judiciary: 2/18/2025.
  • Passed Senate without amendment by Unanimous Consent: 4/30/2025.
  • Delivered to Assembly / Received in the House: 5/5/2025; referred to Governmental Operations.
  • Additional actions in docket include committee referrals and scheduling entries (see legislative record for full history).

Potential impacts and considerations

  • Tightens state‑level restrictions beyond federal law in many instances; aims to reduce market demand fueling poaching.
  • Creates compliance burdens for antique dealers, instrument restorers, and collectors (proof of provenance, weight thresholds, dates of manufacture/import).
  • Enforcement and some penalty details (third/subsequent offense amounts) are incomplete in the provided excerpt — consult the full enrolled bill or updated docket for final penalty language.
  • Interaction with federal CITES and U.S. Fish & Wildlife Service rules is acknowledged by several federal‑law carveouts; affected parties should verify both state and federal compliance requirements.

Related/previously filed measures are listed in the docket (prior session bills such as S.3580, S.1971, etc.). For the authoritative text and final status, consult the Massachusetts Legislature’s official bill tracking resources.

Compiled from official sources — confirm details with the bill’s official record.

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