Illinois General Assembly - Full Text of HB0395
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Full Text of HB0395  102nd General Assembly

HB0395enr 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0395 EnrolledLRB102 03915 KTG 13930 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Ivory Ban Act is amended by changing
5Sections 1, 5, 10, 12, and 15 as follows:
 
6    (815 ILCS 357/1)
7    Sec. 1. Short title. This Act may be cited as the Animal
8Parts and Products Ban Ivory Ban Act.
9(Source: P.A. 100-857, eff. 1-1-19.)
 
10    (815 ILCS 357/5)
11    Sec. 5. Definitions. As used in this Act:
12    "Animal part or product" means any item that contains, or
13is wholly or partially made from, the following animal family,
14genus, or species: cheetah (Acinonyx jubatus), elephant
15(Elephantidae), giraffe (Giraffa camelopardalis), great ape
16(Hominoidea), hippopotamus (Hippopotamus amphibius), jaguar
17(Panthera onca), leopard (Panthera pardus), lion (Panthera
18leo), monk seal (Neomonachus), narwhal (Monodon monoceros),
19pangolin (Manis), ray or shark (Elasmobranchii), rhinoceros
20(Rhinocerotidae), sea turtle (Chelonioidea), tiger (Panthera
21tigris), walrus (Odobenus rosmarus), or whale (Cetacea),
22insofar as the species, subspecies, or distinct population

 

 

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1segment is listed:
2        (1) in Appendix I or II of the Convention on
3    International Trade in Endangered Species; or
4        (2) as endangered and threatened under the Endangered
5    Species Act.
6    "Animal part or product" includes ivory, ivory products,
7rhinoceros horns, and rhinoceros horn products.
8    "Ivory" means any tooth or tusk composed of ivory from any
9animal, including, but not limited to, an elephant,
10hippopotamus, mammoth, narwhal, walrus, or whale, or any piece
11thereof, whether raw ivory or worked ivory, or made into, or
12part of, an ivory product.
13    "Ivory product" means any item that contains, or that is
14wholly or partially made from, any ivory.
15    "Raw ivory" means any ivory the surface of which, polished
16or unpolished, is unaltered or minimally changed by carving.
17    "Rhinoceros horn" means the horn, or any piece thereof, of
18any species of rhinoceros.
19    "Rhinoceros horn product" means any item that contains, or
20is wholly or partially made from, any rhinoceros horn.
21    "Total value of the animal parts or ivory, ivory products,
22rhinoceros horn, and rhinoceros horn products" means the fair
23market value of the animal parts or products, ivory, ivory
24products, rhinoceros horn, and rhinoceros horn products, or
25the actual price paid for the animal parts or products, ivory,
26ivory products, rhinoceros horn, and rhinoceros products,

 

 

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1whichever is greater.
2    "Worked ivory" means ivory that has been embellished,
3carved, marked, or otherwise altered so that it can no longer
4be considered raw ivory.
5(Source: P.A. 100-857, eff. 1-1-19.)
 
6    (815 ILCS 357/10)
7    Sec. 10. Prohibitions.
8    (a) In addition to the prohibitions under any other law,
9it shall be unlawful for any person to import with the intent
10to sell, sell, offer for sale, purchase, barter, or possess
11with intent to sell, any animal part or product, any ivory,
12ivory product, rhinoceros horn, or rhinoceros horn product,
13except as provided by this Act.
14    (b) It shall be a rebuttable presumption of possession
15with intent to sell when any animal part or product ivory,
16ivory product, rhinoceros horn, or rhinoceros horn product is
17possessed in a retail or wholesale outlet commonly used for
18the buying or selling of similar products; , provided,
19however, that nothing in this subsection (b) shall preclude a
20finding of intent to sell based on any other evidence that
21which may serve to independently establish that intent. The
22act of obtaining an appraisal of an animal part or product
23ivory, an ivory product, rhinoceros horn, or a rhinoceros horn
24product, alone shall not constitute possession with intent to
25sell.

 

 

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1    (c) A person may convey an animal part or product to a
2legal beneficiary as part of an estate, trust, or other
3inheritance being conveyed to lawful beneficiaries upon the
4death of the owner of the animal part or product or in
5anticipation of that death. ivory, an ivory product,
6rhinoceros horn, or a rhinoceros horn product to the legal
7beneficiary of the ivory, ivory product, rhinoceros horn, or
8rhinoceros horn product which is part of an estate or other
9items being conveyed to lawful beneficiaries upon the death of
10the owner of the ivory, ivory product, rhinoceros horn, or
11rhinoceros horn product or in anticipation of that death.
12    (d) None of the prohibitions set forth in this Section
13shall apply to employees or agents of the federal or State
14government undertaking any law enforcement activities under
15federal or State law or any mandatory duties required by
16federal or State law.
17    (e) The prohibition on import set forth in subsection (a)
18of this Section shall not apply where the import is expressly
19authorized by federal license or permit.
20    (f) Unless the activity is prohibited by federal law, the
21The Department of Natural Resources may permit, under terms
22and conditions as the Department may adopt by rule, the
23import, sale, offer for sale, purchase, barter, or possession
24with intent to sell, of any animal part or product: (1) ivory,
25ivory product, rhinoceros horn, or rhinoceros horn product for
26bona fide educational or scientific purposes; or (2) to or

 

 

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1from a museum , unless this activity is prohibited by federal
2law.
3(Source: P.A. 100-857, eff. 1-1-19.)
 
4    (815 ILCS 357/12)
5    Sec. 12. Exemptions. The prohibitions under Section 10
6shall not apply:
7        (1) When the animal part or product ivory or
8    rhinoceros horn is part of a bona fide antique, if:
9            (A) the animal part or product gun or knife and is
10        less than 20% by volume of the antique;
11            (B) the animal part or product is a fixed
12        component or components of a larger item and is not, in
13        its current form, the primary source of value of the
14        item; and
15            (C) , and the seller establishes by documentation
16        that the antique is not less than 100 years old.
17        (2) When the animal part or product ivory or
18    rhinoceros horn is part of a musical instrument,
19    including, but not limited to, a string or wind instrument
20    or piano, and that is less than 20% by volume of the
21    instrument, and the owner or seller provides historical
22    documentation demonstrating provenance and showing the
23    item was manufactured no later than 1975.
24(Source: P.A. 100-857, eff. 1-1-19.)
 

 

 

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1    (815 ILCS 357/15)
2    Sec. 15. Penalties.
3    (a) In addition to any applicable penalties that which may
4be imposed under any other law, a person violating any
5provision of Section 10 of this Act, or any rule adopted under
6Section 20 of this Act, shall be guilty of:
7        (1) for a first offense, a business offense and shall
8    be fined not less than $1,000 or an amount equal to 2 times
9    the total value of the animal parts or ivory, ivory
10    products, rhinoceros horn, and rhinoceros horn products
11    involved in the offense, whichever is greater; and
12        (2) for a second or subsequent offense, a Class A
13    misdemeanor and shall be fined not less than $5,000 or an
14    amount equal to 2 times the total value of the animal parts
15    or ivory, ivory products, rhinoceros horn, and rhinoceros
16    horn products involved in the offense, whichever is
17    greater.
18    (b) Upon a conviction for violating the provisions of
19Section 10 of this Act, the court shall order the seizure of
20all animal parts or products ivory, ivory products, rhinoceros
21horn, and rhinoceros horn products involved in the violation
22and determine the penalty for the violation based on the
23assessed value of the seized products under subsection (a) of
24this Section. After sentencing the defendant, the court shall
25order that the seized animal parts or products ivory, ivory
26products, rhinoceros horn, and rhinoceros horn products be

 

 

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1transferred to the Department of Natural Resources for proper
2disposition. The Department, at its discretion, may destroy
3the animal parts or products ivory, ivory products, rhinoceros
4horn, and rhinoceros horn products or donate them to an
5educational or scientific institution or organization,
6including, but not necessarily limited to, a museum,
7university, or research group.
8(Source: P.A. 100-857, eff. 1-1-19.)