Bill Text: HI SB2188 | 2016 | Regular Session | Introduced

Hawaii Senate Bill 2188 (Prior Session Legislation)

Introduced

Bill Title: Animal Cruelty; Import and Sale of Rhinoceros Horn; Prohibitions; Penalties

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2016-01-22 - Referred to WLA/EET/JDL, WAM. [SB2188 Detail]

Download: Hawaii-2016-SB2188-Introduced.html

THE SENATE	S.B. NO.	2188
TWENTY-EIGHTH LEGISLATURE, 2016
STATE OF HAWAII

A BILL FOR AN ACT

RELATING to wildlife protection.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that the trafficking of rhinoceros horn has increased during recent decades. The current worldwide population of rhinoceroses living in the wild has decreased to twenty-nine thousand. The Northern White Rhinoceros was declared extinct in the wild in 2011 and the populations of the Southern White Rhinoceros and Black Rhinoceros subspecies continue to decrease. More than one thousand rhinoceroses in South Africa were killed in 2013 for their horns. If this poaching rate continues, scientists expect rhinoceros will become extinct within the next few decades. Therefore, the legislature finds that the most effective way to prevent the illegal trafficking of rhinoceros horn is to eliminate the markets for and profits of wildlife traffickers.

Wildlife and animal welfare experts agree that an effective method to save the critically endangered rhinoceros is to prohibit the intrastate sale of rhinoceros horn. New York and New Jersey enacted legislation in August 2014 to prohibit the sale of ivory and rhinoceros horn.

Furthermore, the legislature adopted S.C.R. No. 149, S.D. 1 (Regular Session of 2013), urging Hawaii residents and businesses to comply with the Convention on International Trade in Endangered Species of Wild Fauna and Flora and to not buy or sell ivory of unknown origin. However, ivory of unknown origin and age continues to be sold in Hawaii.

The purpose of this Act is to protect all rhinoceroses by prohibiting the importation, sale, barter, or possession with the intent to sell of any rhinoceros horn or rhinoceros horn product.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

unlawful sale or trade of rhinoceros horn

§ -1 Findings and purpose. The legislature finds that the worldwide population of all species of rhinoceros living in the wild has decreased due to poachers killing rhinoceroses for their horns. The legislature finds it necessary to prohibit the sale of rhinoceros horn.

The purpose of this chapter is to take positive actions to enhance prospects for the continued existence of rhinoceroses by establishing the offense of unlawful sale or trade of rhinoceros horn to prohibit any person from selling or importing with the intent to sell any rhinoceros horn, regardless of its age.

§ -2 Definitions. As used in this chapter unless the context otherwise requires:

"Bona fide educational or scientific institution" means an institution that establishes through documentation:

(1) An educational or scientific tax exemption from the Internal Revenue Service or the institution's national, state, or local tax authority; or

(2) An accreditation as an educational or scientific institution from a qualified national, regional, state, or local authority, as applicable.

"Department" means the department of land and natural resources.

"Distribution" means a transfer or change in possession with an accompanying change in legal ownership.

"Person" means the same as in section 711-1108.5.

"Rhinoceros horn" means the horn, any piece of the horn, or any derivative of the horn, such as powder, of any species of rhinoceros. "Rhinoceros horn" includes any product containing or advertised as containing any rhinoceros horn.

"Sale" or "sell" means all acts of selling, trading, or bartering for monetary or nonmonetary consideration or distribution in the consumer marketplace, including internet sales.

"Value of the rhinoceros horn" means the fair market value of or actual price paid for the rhinoceros horn, whichever is greater.

§ -3 Unlawful sale or trade of rhinoceros horn. (a) A person commits the offense of unlawful sale or trade of rhinoceros horn if the person sells, offers to sell, possesses with the intent to sell, or imports with the intent to sell any rhinoceros horn.

(b) It shall be presumptive evidence of possession with the intent to sell when the rhinoceros horn is possessed in a retail or wholesale outlet commonly used for the buying or selling of rhinoceros horn. This presumption shall not preclude a finding of intent to sell based on any other evidence that may serve to independently establish the intent to sell.

(c) A person convicted of committing the offense of unlawful sale or trade of rhinoceros horn shall be sentenced as follows:

(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 rhinoceros horn involved in the offense, whichever is greater, or the person may be sentenced to a term of imprisonment, or both; and

(2) For any 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 rhinoceros horn involved in the offense, whichever is greater, or the person may be sentenced to a term of imprisonment, or both.

§ -4 Exemptions. This chapter shall not apply to:

(1) Employees or agents of the federal or state government undertaking any law enforcement activities pursuant to federal or state law, or any mandatory duties required by federal or state law;

(2) Persons importing rhinoceros horn, or any activity, that is expressly authorized by federal law; and

(3) Persons possessing a permit authorized by the department to sell, offer to sell, possess with the intent to sell, or import with the intent to sell any rhinoceros horn for educational or scientific purposes by a bona fide educational or scientific institution, unless the sale or importation of rhinoceros horn is prohibited by federal law or regulation; provided that the rhinoceros horn was legally acquired no later than July 1, 1990, and was not subsequently transferred from one person to another for financial gain or profit on or after July 1, 2016.

§ -5 Disposition of seized rhinoceros horn. For a violation of this chapter, any seized rhinoceros horn shall be subject to forfeiture pursuant to chapter 712A. Rhinoceros horn seized and forfeited shall be destroyed or offered to a bona fide educational or scientific institution possessing a permit from the department for educational or scientific purposes pursuant to section -4.

§ -6 Remedies. Nothing in this chapter shall be construed to prohibit or impair any civil or administrative action or penalty available in law or equity.

§ -7 Rules. The department shall adopt rules pursuant to chapter 91 to effectuate the purposes of this chapter."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 4. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the invalidity does not affect other provisions or applications of the Act that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. This Act shall take effect on July 1, 2016.

INTRODUCED BY:	_____________________________

Report Title:

Animal Cruelty; Import and Sale of Rhinoceros Horn; Prohibitions; Penalties

Description:

Establishes the offense of the unlawful sale or trade of rhinoceros horn for any person who sells, offers to sell, possesses with the intent to sell, or imports with the intent to sell any rhinoceros horn. Creates exemptions for the sale or trade of rhinoceros horn.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.