States Banning The Sale of Fossil Ivory
and Proposed Legislation
Fossil Ivory Update - A law firm in California, on behalf of the "Ivory Education Institute" a non-profit organization, filed a complaint against the State of California. "According to the lawsuit (BC602584), Assembly Bill 96, now codified as Section 2022 of the California Fish and Wildlife Code, violates the Constitution by interfering with the federal government's exclusive power over U.S. foreign affairs. The lawsuit notes that the U.S. already protects elephants and other ivory-bearing animals through various treaties and laws, rendering the California law duplicative and superfluous." The documents were filed the second week of August and A hearing on the lawsuit is scheduled for November 8 in the courtroom of Judge William F. Fahey.
Because of the poaching of African Elephants, many countries have banned the import of modern Ivory. Smugglers have been marking shipments of modern ivory as fossil ivory to get it past customs. Here in the United States, beginning with New Jersey and New York, state legislators have been submitting bills to ban the sale of all ivory, modern and fossil.
While the differences between extant elephant ivory and fossil Mammoth ivory have been recognized for some time, and a good example and description can be found on the Fish and Wildlife Service page; www.fws.gov/lab/ivory_natural.php, State legislatures have simply decided to go the less expensive route and ban all ivory. This should be addressed in each state that bans fossil ivory.
For clarification, we are posting the complete legislation and proposed bills of all states involved. The list will be updated on a regular basis and we will do our best to keep it current.
Governors of both New Jersey and New York signed their legislation into law during 2014. Click on the state name to open a copy of the signed legislation. Both states ban the sale, trade, barter and purchase of all ivory, including fossil ivory The legislation also bans the sale of Rhino Horns. All forms of modern ivory including elephant, walrus and even Elk ivory are banned in New Jersey. Exceptions for antique items containing ivory are available in New York, please see the legislation. Governor Jerry Brown signed Assembly Bill 96 this week, making California the 3rd state to ban the sale of all ivory, including Fossil Ivory.
The following states have proposed legislation in process. If and when bills are signed into law, we will update the links. NOTE: While we make every attempt to locate the current legislation regarding fossil Ivory, new bills and current legislation is not always easily found. You must check with your own state legislators to see if there are additional proposed bans or bills that have passed.
Arizona NEW - (Failed in Committee), Arkansas, Colorado - (Failed in Committee),Connecticut, Delaware (NEW), District of Columbia, Florida, Illinois, Iowa, Maryland,Massachusetts, Michigan (NEW), Nevada, Oklahoma, Oregon (NEW), Pennsylvania,Rhode Island, Vermont,
Virginia - (Stricken in Courts of Justice),
The following states are considering Ivory Legislation. If and when bills are introduced we will post copies of the legislation. Idaho, Maine.
1. New Arizona; House Bill HB 2176 (Includes Mammoth Ivory and teeth), Introduced January 25, 2016, Died in Committee. Legislative Link
2. Arkansas; Senate Bill 928 (Killed in Committee)
3. California; Assembly Bill No. 96 (Includes Mammoth Ivory), Passed the State Senate September 2, 2015, Passed the State Assembly September 4, 2015, Sent to the Governor for his signiture. This act shall become operative on July 1, 2016 Legislative Link
4. Connecticut; Proposed Bill No. 5700 (Vague definition of Ivory), Tabled for the Calendar, House May 5, 2015. Legislative Link
5. Florida; Senate Bill 1120 (Includes Mammoth Ivory), Died in Environmental Preservation and Conservation Location: In committee/council (EP), May 1, 2015. Legislative Link
6. Hawaii; Senate Bill 674 (Includes Mammoth Ivory), Currently in Committee, Schedualed to become Effective 01/01/16. Legislative Link
7. Illinois; Senate Bill 1858 (Includes Mammoth Ivory), Currently in Committee, May 15, 2015 Legislative Link
8. Iowa; SF 30 (Includes Mammoth Ivory) In Sub-committee February 11, 2015 Legislative Link
9. Maryland; House Bill 713 (Vague definition of Ivory), Unfavorable Report by Judiciary, remains in Committee, March 16, 2015 Legislative Link
10. Massachusetts; Senate Bill S.2575 (Includes Mammoth Ivory) Remains in Committee June 25, 2018. Legislative Link
11. Nevada; Senate Bill 398 (Includes Mammoth Ivory) Remains in Committee, Pursuant to Joint Standing Rule No. 14.3.1, no further action allowed April 11, 2015 Legislative Link
12. Oklahoma; HB1787 (Vague definition of Ivory), Second Reading referred to Wildlife Committee February 3, 2015 Legislative Link
13. Rhode Island; House 5660 (Includes Mammoth Ivory) Committee recommended measure be held for further study, April 15, 2015 Legislative Link
14. Vermont; House 297 (Includes Mammoth Ivory), In Committee February 24, 2015 Legislative Link
15. Washington; House Bill 1131 (Includes Mammoth Ivory) By resolution, reintroduced and retained in present status. June 28,2015 Legislative Link
16. Oregon; Senate Bill 913 (Includes Mammoth Ivory) Currently in Committee Legislative Link
17. Delaware; Senate Bill 156 (Includes Mammoth Ivory) Senate Banking and Business Committee June 24, 2015. Legislative Link
18. Michigan; Senate Bill 371 (Includes Mammoth Ivory) REFERRED TO COMMITTEE ON NATURAL RESOURCES June 4, 2015 See also House Bill 4509 Legilative Link
19. Virginia; Senate Bill 1215 (Killed in Committee)