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Public Act 102-0064 | ||||
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AN ACT concerning business.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Ivory Ban Act is amended by changing | ||||
Sections 1, 5, 10, 12, and 15 as follows: | ||||
(815 ILCS 357/1)
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Sec. 1. Short title. This Act may be cited as the Animal | ||||
Parts and Products Ban Ivory Ban Act.
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(Source: P.A. 100-857, eff. 1-1-19 .) | ||||
(815 ILCS 357/5)
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Sec. 5. Definitions. As used in this Act:
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"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),
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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.
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"Ivory product" means any item that contains, or that is | ||
wholly or partially made from, any ivory.
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"Raw ivory" means any ivory the surface of which, polished | ||
or unpolished, is unaltered or minimally changed by carving.
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"Rhinoceros horn" means the horn, or any piece thereof, of | ||
any species of rhinoceros.
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"Rhinoceros horn product" means any item that contains, or | ||
is wholly or partially made from, any rhinoceros horn.
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"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.
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"Worked ivory" means ivory that has been embellished, | ||
carved, marked, or otherwise altered so that it can no longer | ||
be considered raw ivory.
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(Source: P.A. 100-857, eff. 1-1-19 .) | ||
(815 ILCS 357/10)
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Sec. 10. Prohibitions.
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(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.
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(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.
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(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.
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(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.
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(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.
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(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 .
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(Source: P.A. 100-857, eff. 1-1-19 .) | ||
(815 ILCS 357/12)
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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.
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(Source: P.A. 100-857, eff. 1-1-19 .) |
(815 ILCS 357/15)
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Sec. 15. Penalties.
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(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:
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(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
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(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.
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(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.
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(Source: P.A. 100-857, eff. 1-1-19 .)
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