101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4301

 

Introduced 1/28/2020, 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. Renames the Act the Animal Parts and Products Ban Act. Makes the Act applicable to animal parts or products. Defines "animal part or product" as, 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. Makes changes concerning exemptions for certain antiques.


LRB101 14754 TAE 64516 b

 

 

A BILL FOR

 

HB4301LRB101 14754 TAE 64516 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Ivory Ban Act is amended by changing
5Sections 1, 5, 10, 12, and 15 as follows:
 
6    (815 ILCS 357/1)
7    Sec. 1. Short title. This Act may be cited as the Animal
8Parts and Products Ban Ivory Ban Act.
9(Source: P.A. 100-857, eff. 1-1-19.)
 
10    (815 ILCS 357/5)
11    Sec. 5. Definitions. As used in this Act:
12    "Animal part or product" means any item that contains, or
13is wholly or partially made from, the following animal family,
14genus, or species: cheetah (Acinonyx jubatus), elephant
15(Elephantidae), giraffe (Giraffa camelopardalis), great ape
16(Hominoidea), hippopotamus (Hippopotamus amphibius), jaguar
17(Panthera onca), leopard (Panthera pardus), lion (Panthera
18leo), monk seal (Neomonachus), narwhal (Monodon monoceros),
19pangolin (Manis), ray or shark (Elasmobranchii), rhinoceros
20(Rhinocerotidae), sea turtle (Chelonioidea), tiger (Panthera
21tigris), walrus (Odobenus rosmarus), or whale (Cetacea),
22insofar as the species, subspecies, or distinct population

 

 

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1segment is listed:
2        (1) in Appendix I or II of the Convention on
3    International Trade in Endangered Species; or
4        (2) as endangered under the Endangered Species Act.
5    "Animal part or product" includes ivory, ivory products,
6rhinoceros horns, and rhinoceros horn products.
7    "Ivory" means any tooth or tusk composed of ivory from any
8animal, including, but not limited to, an elephant,
9hippopotamus, mammoth, narwhal, walrus, or whale, or any piece
10thereof, whether raw ivory or worked ivory, or made into, or
11part of, an ivory product.
12    "Ivory product" means any item that contains, or that is
13wholly or partially made from, any ivory.
14    "Raw ivory" means any ivory the surface of which, polished
15or unpolished, is unaltered or minimally changed by carving.
16    "Rhinoceros horn" means the horn, or any piece thereof, of
17any species of rhinoceros.
18    "Rhinoceros horn product" means any item that contains, or
19is wholly or partially made from, any rhinoceros horn.
20    "Total value of the animal parts or ivory, ivory products,
21rhinoceros horn, and rhinoceros horn products" means the fair
22market value of the animal parts or products, ivory, ivory
23products, rhinoceros horn, and rhinoceros horn products, or the
24actual price paid for the animal parts or products, ivory,
25ivory products, rhinoceros horn, and rhinoceros products,
26whichever is greater.

 

 

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1    "Worked ivory" means ivory that has been embellished,
2carved, marked, or otherwise altered so that it can no longer
3be considered raw ivory.
4(Source: P.A. 100-857, eff. 1-1-19.)
 
5    (815 ILCS 357/10)
6    Sec. 10. Prohibitions.
7    (a) In addition to the prohibitions under any other law, it
8shall be unlawful for any person to import, sell, offer for
9sale, purchase, barter, or possess with intent to sell, any
10animal part or product, any ivory, ivory product, rhinoceros
11horn, or rhinoceros horn product, except as provided by this
12Act.
13    (b) It shall be a rebuttable presumption of possession with
14intent to sell when any animal part or product ivory, ivory
15product, rhinoceros horn, or rhinoceros horn product is
16possessed in a retail or wholesale outlet commonly used for the
17buying or selling of similar products; , provided, however,
18that nothing in this subsection (b) shall preclude a finding of
19intent to sell based on any other evidence that which may serve
20to independently establish that intent. The act of obtaining an
21appraisal of an animal part or product ivory, an ivory product,
22rhinoceros horn, or a rhinoceros horn product, alone shall not
23constitute possession with intent to sell.
24    (c) A person may convey an animal part or product to a
25legal beneficiary as part of an estate, trust, or other

 

 

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1inheritance being conveyed to lawful beneficiaries upon the
2death of the owner of the animal part or product or in
3anticipation of that death. ivory, an ivory product, rhinoceros
4horn, or a rhinoceros horn product to the legal beneficiary of
5the ivory, ivory product, rhinoceros horn, or rhinoceros horn
6product which is part of an estate or other items being
7conveyed to lawful beneficiaries upon the death of the owner of
8the ivory, ivory product, rhinoceros horn, or rhinoceros horn
9product or in anticipation of that death.
10    (d) None of the prohibitions set forth in this Section
11shall apply to employees or agents of the federal or State
12government undertaking any law enforcement activities under
13federal or State law or any mandatory duties required by
14federal or State law.
15    (e) The prohibition on import set forth in subsection (a)
16of this Section shall not apply where the import is expressly
17authorized by federal license or permit.
18    (f) Unless the activity is prohibited by federal law, the
19The Department of Natural Resources may permit, under terms and
20conditions as the Department may adopt by rule, the import,
21sale, offer for sale, purchase, barter, or possession with
22intent to sell, of any animal part or product: (1) ivory, ivory
23product, rhinoceros horn, or rhinoceros horn product for bona
24fide educational or scientific purposes; or (2) to or from a
25museum , unless this activity is prohibited by federal law.
26(Source: P.A. 100-857, eff. 1-1-19.)
 

 

 

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1    (815 ILCS 357/12)
2    Sec. 12. Exemptions. The prohibitions under Section 10
3shall not apply:
4        (1) When the animal part or product ivory or rhinoceros
5    horn is part of a bona fide antique, if:
6            (A) the animal part or product gun or knife and is
7        less than 20% by volume of the antique;
8            (B) the animal part or product is a fixed component
9        or components of a larger item and is not, in its
10        current form, the primary source of value of the item;
11        and
12            (C) , and the seller establishes by documentation
13        that the antique is not less than 100 years old.
14        (2) When the animal part or product ivory or rhinoceros
15    horn is part of a musical instrument, including, but not
16    limited to, a string or wind instrument or piano, and that
17    is less than 20% by volume of the instrument, and the owner
18    or seller provides historical documentation demonstrating
19    provenance and showing the item was manufactured no later
20    than 1975.
21(Source: P.A. 100-857, eff. 1-1-19.)
 
22    (815 ILCS 357/15)
23    Sec. 15. Penalties.
24    (a) In addition to any applicable penalties that which may

 

 

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1be imposed under any other law, a person violating any
2provision of Section 10 of this Act, or any rule adopted under
3Section 20 of this Act, shall be guilty of:
4        (1) for a first offense, a business offense and shall
5    be fined not less than $1,000 or an amount equal to 2 times
6    the total value of the animal parts or ivory, ivory
7    products, rhinoceros horn, and rhinoceros horn products
8    involved in the offense, whichever is greater; and
9        (2) for a second or subsequent offense, a Class A
10    misdemeanor and shall be fined not less than $5,000 or an
11    amount equal to 2 times the total value of the animal parts
12    or ivory, ivory products, rhinoceros horn, and rhinoceros
13    horn products involved in the offense, whichever is
14    greater.
15    (b) Upon a conviction for violating the provisions of
16Section 10 of this Act, the court shall order the seizure of
17all animal parts or products ivory, ivory products, rhinoceros
18horn, and rhinoceros horn products involved in the violation
19and determine the penalty for the violation based on the
20assessed value of the seized products under subsection (a) of
21this Section. After sentencing the defendant, the court shall
22order that the seized animal parts or products ivory, ivory
23products, rhinoceros horn, and rhinoceros horn products be
24transferred to the Department of Natural Resources for proper
25disposition. The Department, at its discretion, may destroy the
26animal parts or products ivory, ivory products, rhinoceros

 

 

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1horn, and rhinoceros horn products or donate them to an
2educational or scientific institution or organization,
3including, but not necessarily limited to, a museum,
4university, or research group.
5(Source: P.A. 100-857, eff. 1-1-19.)