Illinois General Assembly - Full Text of Public Act 100-0857
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Public Act 100-0857


 

Public Act 0857 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0857
 
HB4843 EnrolledLRB100 20395 SLF 35708 b

    AN ACT concerning ivory.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Short title. This Act may be cited as the Ivory
Ban Act.
 
    Section 5. Definitions. As used in this Act:
    "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 ivory, ivory products, rhinoceros horn,
and rhinoceros horn products" means the fair market value of
the ivory, ivory products, rhinoceros horn, and rhinoceros horn
products, or the actual price paid for the 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.
 
    Section 10. Prohibitions.
    (a) In addition to the prohibitions under any other law, 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, except as provided by this Act.
    (b) It shall be a rebuttable presumption of possession with
intent to sell when any 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 which may serve to independently
establish that intent. The act of obtaining an appraisal of
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 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) 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.
 
    Section 12. Exemptions. The prohibitions under Section 10
shall not apply:
        (1) When the ivory or rhinoceros horn is part of a bona
    fide antique gun or knife and is less than 20% by volume of
    the antique, and the seller establishes by documentation
    that the antique is not less than 100 years old.
        (2) When the 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.
 
    Section 15. Penalties.
    (a) In addition to any applicable penalties 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 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 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 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 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 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.
 
    Section 20. Rulemaking authority. The Department of
Natural Resources may adopt any rules necessary for the
implementation of this Act.

Effective Date: 1/1/2019