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| Public Act 100-0857 | ||||
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AN ACT concerning ivory.
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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 1. Short title. This Act may be cited as the Ivory | ||||
Ban Act. | ||||
Section 5. Definitions. As used in this Act:
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"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 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.
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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. | ||
Section 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, 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.
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(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.
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(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.
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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) 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.
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(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:
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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 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 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 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.
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