Full Text of SB1858 99th General Assembly
SB1858 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB1858 Introduced 2/20/2015, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
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Creates the Ivory Ban Act. Provides that it shall be unlawful for any person to import, sell, offer for sale, purchase, barter, or possess with intent to sell, any ivory, ivory product, rhinoceros horn, or rhinoceros horn product. Establishes penalties for violation of the Act. Provides that the Department of Natural Resources may permit, under terms and conditions as the Department may adopt by rule, the import, sale, offer for sale, purchase, barter, or possession with intent to sell, of any ivory, ivory product, rhinoceros horn, or rhinoceros horn product for bona fide educational or scientific purposes, unless this activity is prohibited by federal law. Provides that the Department may adopt any rules necessary for the implementation of the Act.
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| 1 | | AN ACT concerning ivory.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the Ivory | 5 | | Ban Act. | 6 | | Section 5. Definitions. As used in this Act:
| 7 | | "Ivory" means any tooth or tusk composed of ivory from any | 8 | | animal, including, but not limited to, an elephant, | 9 | | hippopotamus, mammoth, narwhal, walrus, or whale, or any piece | 10 | | thereof, whether raw ivory or worked ivory, or made into, or | 11 | | part of, an ivory product.
| 12 | | "Ivory product" means any item that contains, or that is | 13 | | wholly or partially made from, any ivory.
| 14 | | "Raw ivory" means any ivory the surface of which, polished | 15 | | or unpolished, is unaltered or minimally changed by carving.
| 16 | | "Rhinoceros horn" means the horn, or any piece thereof, of | 17 | | any species of rhinoceros.
| 18 | | "Rhinoceros horn product" means any item that contains, or | 19 | | is wholly or partially made from, any rhinoceros horn.
| 20 | | "Total value of the ivory, ivory products, rhinoceros horn, | 21 | | and rhinoceros horn products" means the fair market value of | 22 | | the ivory, ivory products, rhinoceros horn, and rhinoceros horn | 23 | | products, or the actual price paid for the ivory, ivory |
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| 1 | | products, rhinoceros horn, and rhinoceros products, whichever | 2 | | is greater.
| 3 | | "Worked ivory" means ivory that has been embellished, | 4 | | carved, marked, or otherwise altered so that it can no longer | 5 | | be considered raw ivory. | 6 | | Section 10. Prohibitions.
| 7 | | (a) In addition to the prohibitions under any other law, it | 8 | | shall be unlawful for any person to import, sell, offer for | 9 | | sale, purchase, barter, or possess with intent to sell, any | 10 | | ivory, ivory product, rhinoceros horn, or rhinoceros horn | 11 | | product, except as provided by this Act.
| 12 | | (b) It shall be presumptive evidence of possession with | 13 | | intent to sell when any ivory, ivory product, rhinoceros horn, | 14 | | or rhinoceros horn product is possessed in a retail or | 15 | | wholesale outlet commonly used for the buying or selling of | 16 | | similar products, provided, however, that nothing in this | 17 | | subsection (b) shall preclude a finding of intent to sell based | 18 | | on any other evidence which may serve to independently | 19 | | establish that intent. The act of obtaining an appraisal of | 20 | | ivory, an ivory product, rhinoceros horn, or a rhinoceros horn | 21 | | product, alone shall not constitute possession with intent to | 22 | | sell.
| 23 | | (c) A person may convey ivory, an ivory product, rhinoceros | 24 | | horn, or a rhinoceros horn product to the legal beneficiary of | 25 | | the ivory, ivory product, rhinoceros horn, or rhinoceros horn |
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| 1 | | product which is part of an estate or other items being | 2 | | conveyed to lawful beneficiaries upon the death of the owner of | 3 | | the ivory, ivory product, rhinoceros horn, or rhinoceros horn | 4 | | product or in anticipation of that death.
| 5 | | (d) None of the prohibitions set forth in this Section | 6 | | shall apply to employees or agents of the federal or State | 7 | | government undertaking any law enforcement activities under | 8 | | federal or State law or any mandatory duties required by | 9 | | federal or State law.
| 10 | | (e) The prohibition on import set forth in subsection (a) | 11 | | of this Section shall not apply where the import is expressly | 12 | | authorized by federal license or permit.
| 13 | | (f) The Department of Natural Resources may permit, under | 14 | | terms and conditions as the Department may adopt by rule, the | 15 | | import, sale, offer for sale, purchase, barter, or possession | 16 | | with intent to sell, of any ivory, ivory product, rhinoceros | 17 | | horn, or rhinoceros horn product for bona fide educational or | 18 | | scientific purposes, unless this activity is prohibited by | 19 | | federal law. | 20 | | Section 15. Penalties.
| 21 | | (a) In addition to any applicable penalties which may be | 22 | | imposed under any other law, a person violating any provision | 23 | | of Section 10 of this Act, or any rule adopted under Section 20 | 24 | | of this Act, shall be guilty of:
| 25 | | (1) for a first offense, a business offense and shall |
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| 1 | | be fined not less than $1,000 or an amount equal to 2 times | 2 | | the total value of the ivory, ivory products, rhinoceros | 3 | | horn, and rhinoceros horn products involved in the offense, | 4 | | whichever is greater; and
| 5 | | (2) for a second or subsequent offense, a Class A | 6 | | misdemeanor and shall be fined not less than $5,000 or an | 7 | | amount equal to 2 times the total value of the ivory, ivory | 8 | | products, rhinoceros horn, and rhinoceros horn products | 9 | | involved in the offense, whichever is greater.
| 10 | | (b) Upon a conviction for violating the provisions of | 11 | | Section 10 of this Act, the court shall order the seizure of | 12 | | all ivory, ivory products, rhinoceros horn, and rhinoceros horn | 13 | | products involved in the violation and determine the penalty | 14 | | for the violation based on the assessed value of the seized | 15 | | products under subsection (a) of this Section. After sentencing | 16 | | the defendant, the court shall order that the seized ivory, | 17 | | ivory products, rhinoceros horn, and rhinoceros horn products | 18 | | be transferred to the Department of Natural Resources for | 19 | | proper disposition. The Department, at its discretion, may | 20 | | destroy the ivory, ivory products, rhinoceros horn, and | 21 | | rhinoceros horn products or donate them to an educational or | 22 | | scientific institution or organization, including, but not | 23 | | necessarily limited to, a museum, university, or research | 24 | | group. | 25 | | Section 20. Rulemaking authority. The Department of |
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| 1 | | Natural Resources may adopt any rules necessary for the | 2 | | implementation of this Act.
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