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:
 
New Act

    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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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning ivory.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the Ivory
5Ban Act.
 
6    Section 5. Definitions. As used in this Act:
7    "Ivory" means any tooth or tusk composed of ivory from any
8animal, including, but not limited to, an elephant,
9hippopotamus, mammoth, narwhal, walrus, or whale, or any piece
10thereof, whether raw ivory or worked ivory, or made into, or
11part of, an ivory product.
12    "Ivory product" means any item that contains, or that is
13wholly or partially made from, any ivory.
14    "Raw ivory" means any ivory the surface of which, polished
15or unpolished, is unaltered or minimally changed by carving.
16    "Rhinoceros horn" means the horn, or any piece thereof, of
17any species of rhinoceros.
18    "Rhinoceros horn product" means any item that contains, or
19is wholly or partially made from, any rhinoceros horn.
20    "Total value of the ivory, ivory products, rhinoceros horn,
21and rhinoceros horn products" means the fair market value of
22the ivory, ivory products, rhinoceros horn, and rhinoceros horn
23products, or the actual price paid for the ivory, ivory

 

 

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

 

 

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1product which is part of an estate or other items being
2conveyed to lawful beneficiaries upon the death of the owner of
3the ivory, ivory product, rhinoceros horn, or rhinoceros horn
4product or in anticipation of that death.
5    (d) None of the prohibitions set forth in this Section
6shall apply to employees or agents of the federal or State
7government undertaking any law enforcement activities under
8federal or State law or any mandatory duties required by
9federal or State law.
10    (e) The prohibition on import set forth in subsection (a)
11of this Section shall not apply where the import is expressly
12authorized by federal license or permit.
13    (f) The Department of Natural Resources may permit, under
14terms and conditions as the Department may adopt by rule, the
15import, sale, offer for sale, purchase, barter, or possession
16with intent to sell, of any ivory, ivory product, rhinoceros
17horn, or rhinoceros horn product for bona fide educational or
18scientific purposes, unless this activity is prohibited by
19federal law.
 
20    Section 15. Penalties.
21    (a) In addition to any applicable penalties which may be
22imposed under any other law, a person violating any provision
23of Section 10 of this Act, or any rule adopted under Section 20
24of 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
11Section 10 of this Act, the court shall order the seizure of
12all ivory, ivory products, rhinoceros horn, and rhinoceros horn
13products involved in the violation and determine the penalty
14for the violation based on the assessed value of the seized
15products under subsection (a) of this Section. After sentencing
16the defendant, the court shall order that the seized ivory,
17ivory products, rhinoceros horn, and rhinoceros horn products
18be transferred to the Department of Natural Resources for
19proper disposition. The Department, at its discretion, may
20destroy the ivory, ivory products, rhinoceros horn, and
21rhinoceros horn products or donate them to an educational or
22scientific institution or organization, including, but not
23necessarily limited to, a museum, university, or research
24group.
 
25    Section 20. Rulemaking authority. The Department of

 

 

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1Natural Resources may adopt any rules necessary for the
2implementation of this Act.