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Public Act 102-0064


 

Public Act 0064 102ND GENERAL ASSEMBLY

  
  
  

 


 
Public Act 102-0064
 
HB0395 EnrolledLRB102 03915 KTG 13930 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Ivory Ban Act is amended by changing
Sections 1, 5, 10, 12, and 15 as follows:
 
    (815 ILCS 357/1)
    Sec. 1. Short title. This Act may be cited as the Animal
Parts and Products Ban Ivory Ban Act.
(Source: P.A. 100-857, eff. 1-1-19.)
 
    (815 ILCS 357/5)
    Sec. 5. Definitions. As used in this Act:
    "Animal part or product" means any item that contains, or
is wholly or partially made from, the following animal family,
genus, or species: cheetah (Acinonyx jubatus), elephant
(Elephantidae), giraffe (Giraffa camelopardalis), great ape
(Hominoidea), hippopotamus (Hippopotamus amphibius), jaguar
(Panthera onca), leopard (Panthera pardus), lion (Panthera
leo), monk seal (Neomonachus), narwhal (Monodon monoceros),
pangolin (Manis), ray or shark (Elasmobranchii), rhinoceros
(Rhinocerotidae), sea turtle (Chelonioidea), tiger (Panthera
tigris), walrus (Odobenus rosmarus), or whale (Cetacea),
insofar as the species, subspecies, or distinct population
segment is listed:
        (1) in Appendix I or II of the Convention on
    International Trade in Endangered Species; or
        (2) as endangered and threatened under the Endangered
    Species Act.
    "Animal part or product" includes ivory, ivory products,
rhinoceros horns, and rhinoceros horn products.
    "Ivory" means any tooth or tusk composed of ivory from any
animal, including, but not limited to, an elephant,
hippopotamus, mammoth, narwhal, walrus, or whale, or any piece
thereof, whether raw ivory or worked ivory, or made into, or
part of, an ivory product.
    "Ivory product" means any item that contains, or that is
wholly or partially made from, any ivory.
    "Raw ivory" means any ivory the surface of which, polished
or unpolished, is unaltered or minimally changed by carving.
    "Rhinoceros horn" means the horn, or any piece thereof, of
any species of rhinoceros.
    "Rhinoceros horn product" means any item that contains, or
is wholly or partially made from, any rhinoceros horn.
    "Total value of the animal parts or ivory, ivory products,
rhinoceros horn, and rhinoceros horn products" means the fair
market value of the animal parts or products, ivory, ivory
products, rhinoceros horn, and rhinoceros horn products, or
the actual price paid for the animal parts or products, ivory,
ivory products, rhinoceros horn, and rhinoceros products,
whichever is greater.
    "Worked ivory" means ivory that has been embellished,
carved, marked, or otherwise altered so that it can no longer
be considered raw ivory.
(Source: P.A. 100-857, eff. 1-1-19.)
 
    (815 ILCS 357/10)
    Sec. 10. Prohibitions.
    (a) In addition to the prohibitions under any other law,
it shall be unlawful for any person to import with the intent
to sell, sell, offer for sale, purchase, barter, or possess
with intent to sell, any animal part or product, any ivory,
ivory product, rhinoceros horn, or rhinoceros horn product,
except as provided by this Act.
    (b) It shall be a rebuttable presumption of possession
with intent to sell when any animal part or product ivory,
ivory product, rhinoceros horn, or rhinoceros horn product is
possessed in a retail or wholesale outlet commonly used for
the buying or selling of similar products; , provided,
however, that nothing in this subsection (b) shall preclude a
finding of intent to sell based on any other evidence that
which may serve to independently establish that intent. The
act of obtaining an appraisal of an animal part or product
ivory, an ivory product, rhinoceros horn, or a rhinoceros horn
product, alone shall not constitute possession with intent to
sell.
    (c) A person may convey an animal part or product to a
legal beneficiary as part of an estate, trust, or other
inheritance being conveyed to lawful beneficiaries upon the
death of the owner of the animal part or product or in
anticipation of that death. ivory, an ivory product,
rhinoceros horn, or a rhinoceros horn product to the legal
beneficiary of the ivory, ivory product, rhinoceros horn, or
rhinoceros horn product which is part of an estate or other
items being conveyed to lawful beneficiaries upon the death of
the owner of the ivory, ivory product, rhinoceros horn, or
rhinoceros horn product or in anticipation of that death.
    (d) None of the prohibitions set forth in this Section
shall apply to employees or agents of the federal or State
government undertaking any law enforcement activities under
federal or State law or any mandatory duties required by
federal or State law.
    (e) The prohibition on import set forth in subsection (a)
of this Section shall not apply where the import is expressly
authorized by federal license or permit.
    (f) Unless the activity is prohibited by federal law, the
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 animal part or product: (1) ivory,
ivory product, rhinoceros horn, or rhinoceros horn product for
bona fide educational or scientific purposes; or (2) to or
from a museum , unless this activity is prohibited by federal
law.
(Source: P.A. 100-857, eff. 1-1-19.)
 
    (815 ILCS 357/12)
    Sec. 12. Exemptions. The prohibitions under Section 10
shall not apply:
        (1) When the animal part or product ivory or
    rhinoceros horn is part of a bona fide antique, if:
            (A) the animal part or product gun or knife and is
        less than 20% by volume of the antique;
            (B) the animal part or product is a fixed
        component or components of a larger item and is not, in
        its current form, the primary source of value of the
        item; and
            (C) , and the seller establishes by documentation
        that the antique is not less than 100 years old.
        (2) When the animal part or product ivory or
    rhinoceros horn is part of a musical instrument,
    including, but not limited to, a string or wind instrument
    or piano, and that is less than 20% by volume of the
    instrument, and the owner or seller provides historical
    documentation demonstrating provenance and showing the
    item was manufactured no later than 1975.
(Source: P.A. 100-857, eff. 1-1-19.)
 
    (815 ILCS 357/15)
    Sec. 15. Penalties.
    (a) In addition to any applicable penalties that which may
be imposed under any other law, a person violating any
provision of Section 10 of this Act, or any rule adopted under
Section 20 of this Act, shall be guilty of:
        (1) for a first offense, a business offense and shall
    be fined not less than $1,000 or an amount equal to 2 times
    the total value of the animal parts or ivory, ivory
    products, rhinoceros horn, and rhinoceros horn products
    involved in the offense, whichever is greater; and
        (2) for a second or subsequent offense, a Class A
    misdemeanor and shall be fined not less than $5,000 or an
    amount equal to 2 times the total value of the animal parts
    or ivory, ivory products, rhinoceros horn, and rhinoceros
    horn products involved in the offense, whichever is
    greater.
    (b) Upon a conviction for violating the provisions of
Section 10 of this Act, the court shall order the seizure of
all animal parts or products ivory, ivory products, rhinoceros
horn, and rhinoceros horn products involved in the violation
and determine the penalty for the violation based on the
assessed value of the seized products under subsection (a) of
this Section. After sentencing the defendant, the court shall
order that the seized animal parts or products ivory, ivory
products, rhinoceros horn, and rhinoceros horn products be
transferred to the Department of Natural Resources for proper
disposition. The Department, at its discretion, may destroy
the animal parts or products ivory, ivory products, rhinoceros
horn, and rhinoceros horn products or donate them to an
educational or scientific institution or organization,
including, but not necessarily limited to, a museum,
university, or research group.
(Source: P.A. 100-857, eff. 1-1-19.)

Effective Date: 1/1/2022