HB0395 102ND GENERAL ASSEMBLY

LRB102 03915 KTG 13930 b

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.

A BILL FOR

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 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, 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.)