Full Text of HB0395 102nd General Assembly
HB0395enr 102ND GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning business.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Ivory Ban Act is amended by changing | 5 | | Sections 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 | 8 | | Parts 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 | 13 | | is wholly or partially made from, the following animal family, | 14 | | genus, 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 | 18 | | leo), monk seal (Neomonachus), narwhal (Monodon monoceros), | 19 | | pangolin (Manis), ray or shark (Elasmobranchii), rhinoceros | 20 | | (Rhinocerotidae), sea turtle (Chelonioidea), tiger (Panthera | 21 | | tigris), walrus (Odobenus rosmarus), or whale (Cetacea),
| 22 | | insofar as the species, subspecies, or distinct population |
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| 1 | | segment 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, | 7 | | rhinoceros horns, and rhinoceros horn products. | 8 | | "Ivory" means any tooth or tusk composed of ivory from any | 9 | | animal, including, but not limited to, an elephant, | 10 | | hippopotamus, mammoth, narwhal, walrus, or whale, or any piece | 11 | | thereof, whether raw ivory or worked ivory, or made into, or | 12 | | part of, an ivory product.
| 13 | | "Ivory product" means any item that contains, or that is | 14 | | wholly or partially made from, any ivory.
| 15 | | "Raw ivory" means any ivory the surface of which, polished | 16 | | or unpolished, is unaltered or minimally changed by carving.
| 17 | | "Rhinoceros horn" means the horn, or any piece thereof, of | 18 | | any species of rhinoceros.
| 19 | | "Rhinoceros horn product" means any item that contains, or | 20 | | is wholly or partially made from, any rhinoceros horn.
| 21 | | "Total value of the animal parts or ivory, ivory products, | 22 | | rhinoceros horn, and rhinoceros horn products" means the fair | 23 | | market value of the animal parts or products, ivory, ivory | 24 | | products, rhinoceros horn, and rhinoceros horn products, or | 25 | | the actual price paid for the animal parts or products, ivory, | 26 | | ivory products, rhinoceros horn, and rhinoceros products, |
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| 1 | | whichever is greater.
| 2 | | "Worked ivory" means ivory that has been embellished, | 3 | | carved, marked, or otherwise altered so that it can no longer | 4 | | be 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, | 9 | | it shall be unlawful for any person to import with the intent | 10 | | to sell , sell, offer for sale, purchase, barter, or possess | 11 | | with intent to sell, any animal part or product, any ivory, | 12 | | ivory product, rhinoceros horn, or rhinoceros horn product, | 13 | | except as provided by this Act.
| 14 | | (b) It shall be a rebuttable presumption of possession | 15 | | with intent to sell when any animal part or product ivory, | 16 | | ivory product, rhinoceros horn, or rhinoceros horn product is | 17 | | possessed in a retail or wholesale outlet commonly used for | 18 | | the buying or selling of similar products ; , provided, | 19 | | however, that nothing in this subsection (b) shall preclude a | 20 | | finding of intent to sell based on any other evidence that | 21 | | which may serve to independently establish that intent. The | 22 | | act of obtaining an appraisal of an animal part or product | 23 | | ivory, an ivory product, rhinoceros horn, or a rhinoceros horn | 24 | | product, alone shall not constitute possession with intent to | 25 | | sell.
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| 1 | | (c) A person may convey an animal part or product to a | 2 | | legal beneficiary as part of an estate, trust, or other | 3 | | inheritance being conveyed to lawful beneficiaries upon the | 4 | | death of the owner of the animal part or product or in | 5 | | anticipation of that death. ivory, an ivory product, | 6 | | rhinoceros horn, or a rhinoceros horn product to the legal | 7 | | beneficiary of the ivory, ivory product, rhinoceros horn, or | 8 | | rhinoceros horn product which is part of an estate or other | 9 | | items being conveyed to lawful beneficiaries upon the death of | 10 | | the owner of the ivory, ivory product, rhinoceros horn, or | 11 | | rhinoceros horn product or in anticipation of that death.
| 12 | | (d) None of the prohibitions set forth in this Section | 13 | | shall apply to employees or agents of the federal or State | 14 | | government undertaking any law enforcement activities under | 15 | | federal or State law or any mandatory duties required by | 16 | | federal or State law.
| 17 | | (e) The prohibition on import set forth in subsection (a) | 18 | | of this Section shall not apply where the import is expressly | 19 | | authorized by federal license or permit.
| 20 | | (f) Unless the activity is prohibited by federal law, the | 21 | | The Department of Natural Resources may permit, under terms | 22 | | and conditions as the Department may adopt by rule, the | 23 | | import, sale, offer for sale, purchase, barter, or possession | 24 | | with intent to sell, of any animal part or product: (1) ivory, | 25 | | ivory product, rhinoceros horn, or rhinoceros horn product for | 26 | | bona fide educational or scientific purposes ; or (2) to or |
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| 1 | | from a museum , unless this activity is prohibited by federal | 2 | | law .
| 3 | | (Source: P.A. 100-857, eff. 1-1-19 .) | 4 | | (815 ILCS 357/12)
| 5 | | Sec. 12. Exemptions. The prohibitions under Section 10 | 6 | | shall 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 | 4 | | be imposed under any other law, a person violating any | 5 | | provision of Section 10 of this Act, or any rule adopted under | 6 | | Section 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 | 19 | | Section 10 of this Act, the court shall order the seizure of | 20 | | all animal parts or products ivory, ivory products, rhinoceros | 21 | | horn, and rhinoceros horn products involved in the violation | 22 | | and determine the penalty for the violation based on the | 23 | | assessed value of the seized products under subsection (a) of | 24 | | this Section. After sentencing the defendant, the court shall | 25 | | order that the seized animal parts or products ivory, ivory | 26 | | products, rhinoceros horn, and rhinoceros horn products be |
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| 1 | | transferred to the Department of Natural Resources for proper | 2 | | disposition. The Department, at its discretion, may destroy | 3 | | the animal parts or products ivory, ivory products, rhinoceros | 4 | | horn, and rhinoceros horn products or donate them to an | 5 | | educational or scientific institution or organization, | 6 | | including, but not necessarily limited to, a museum, | 7 | | university, or research group.
| 8 | | (Source: P.A. 100-857, eff. 1-1-19 .)
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