Full Text of HB4843 100th General Assembly
HB4843enr 100TH GENERAL ASSEMBLY |
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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 a rebuttable presumption 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 12. Exemptions. The prohibitions under Section 10 | 21 | | shall not apply: | 22 | | (1) When the ivory or rhinoceros horn is part of a bona | 23 | | fide antique gun or knife and is less than 20% by volume of | 24 | | the antique, and the seller establishes by documentation | 25 | | that the antique is not less than 100 years old. |
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| 1 | | (2) When the ivory or rhinoceros horn is part of a | 2 | | musical instrument, including, but not limited to, a string | 3 | | or wind instrument or piano, and that is less than 20% by | 4 | | volume of the instrument, and the owner or seller provides | 5 | | historical documentation demonstrating provenance and | 6 | | showing the item was manufactured no later than 1975. | 7 | | Section 15. Penalties.
| 8 | | (a) In addition to any applicable penalties which may be | 9 | | imposed under any other law, a person violating any provision | 10 | | of Section 10 of this Act, or any rule adopted under Section 20 | 11 | | of this Act, shall be guilty of:
| 12 | | (1) for a first offense, a business offense and shall | 13 | | be fined not less than $1,000 or an amount equal to 2 times | 14 | | the total value of the ivory, ivory products, rhinoceros | 15 | | horn, and rhinoceros horn products involved in the offense, | 16 | | whichever is greater; and
| 17 | | (2) for a second or subsequent offense, a Class A | 18 | | misdemeanor and shall be fined not less than $5,000 or an | 19 | | amount equal to 2 times the total value of the ivory, ivory | 20 | | products, rhinoceros horn, and rhinoceros horn products | 21 | | involved in the offense, whichever is greater.
| 22 | | (b) Upon a conviction for violating the provisions of | 23 | | Section 10 of this Act, the court shall order the seizure of | 24 | | all ivory, ivory products, rhinoceros horn, and rhinoceros horn | 25 | | products involved in the violation and determine the penalty |
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| 1 | | for the violation based on the assessed value of the seized | 2 | | products under subsection (a) of this Section. After sentencing | 3 | | the defendant, the court shall order that the seized ivory, | 4 | | ivory products, rhinoceros horn, and rhinoceros horn products | 5 | | be transferred to the Department of Natural Resources for | 6 | | proper disposition. The Department, at its discretion, may | 7 | | destroy the ivory, ivory products, rhinoceros horn, and | 8 | | rhinoceros horn products or donate them to an educational or | 9 | | scientific institution or organization, including, but not | 10 | | necessarily limited to, a museum, university, or research | 11 | | group. | 12 | | Section 20. Rulemaking authority. The Department of | 13 | | Natural Resources may adopt any rules necessary for the | 14 | | implementation of this Act.
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