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

HB0395 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0395

 

Introduced 2/8/2021, by Rep. Martin J. Moylan

 

SYNOPSIS AS INTRODUCED:
 
815 ILCS 357/1
815 ILCS 357/5
815 ILCS 357/10
815 ILCS 357/12
815 ILCS 357/15

    Amends the Ivory Ban Act. Changes the short title of the Act to the Animal Parts and Products Ban Act. Makes the Act applicable to animal parts or products. Defines "animal part or product" to mean, in addition to ivory and rhinoceros horn, any item that contains, or is wholly or partially made from, the following animal family, genus, or species: cheetah, elephant, giraffe, great ape, hippopotamus, jaguar, leopard, lion, monk seal, narwhal, pangolin, ray or shark, rhinoceros, sea turtle, tiger, walrus, or whale, insofar as the species, subspecies, or distinct population segment is listed on specified endangered species lists. Authorizes the Department of Natural Resources to permit the transfer of covered animal parts or products to or from a museum, unless the activity is prohibited by federal law. Makes changes concerning exemptions for certain antiques.


LRB102 03915 KTG 13930 b

 

 

A BILL FOR

 

HB0395LRB102 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 under the Endangered Species Act.
5    "Animal part or product" includes ivory, ivory products,
6rhinoceros horns, and rhinoceros horn products.
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 animal parts or ivory, ivory products,
21rhinoceros horn, and rhinoceros horn products" means the fair
22market value of the animal parts or products, ivory, ivory
23products, rhinoceros horn, and rhinoceros horn products, or
24the actual price paid for the animal parts or products, ivory,
25ivory products, rhinoceros horn, and rhinoceros products,
26whichever is greater.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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