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Full Text of SB0902  98th General Assembly

SB0902sam001 98TH GENERAL ASSEMBLY

Sen. James F. Clayborne, Jr.

Filed: 3/17/2014

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 902

2    AMENDMENT NO. ______. Amend Senate Bill 902 by replacing
3everything after the enacting clause with the following:
 
4
"ARTICLE 1. GENERAL PROVISIONS

 
5    Section 1-1. Short title. This Act may be cited as the
6Herptiles-Herps Act.
 
7    Section 1-5. Purpose. For purposes of this Act, reptiles
8and amphibians shall be exempt from the definition of "aquatic
9life" under Section 1-20 of the Fish and Aquatic Life Code. All
10rules and enforcement actions under the Illinois Conservation
11Law and the dangerous animals provisions in Section 48-10 of
12the Criminal Code of 2012 related to reptiles and amphibians
13shall be covered exclusively by this Act.
 
14    Section 1-10. Administrative agency. This Act shall be

 

 

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1administered and under the direction of the Department of
2Natural Resources.
 
3    Section 1-15. Definitions. For the purposes of this Act,
4unless the context clearly requires otherwise, the following
5terms are defined as:
6    "Administrative rule" means a regulatory measure issued by
7the Director under this Act.
8    "Authorized law enforcement officer" means all sworn
9members of the Law Enforcement Division of the Department and
10those persons specifically granted law enforcement
11authorization by the Director.
12    "Bona fide scientific or educational institution" means
13confirming educational or scientific tax-exemption, from the
14federal Internal Revenue Service or the applicant's national,
15state, or local tax authority, or a statement of accreditation
16or recognition as an educational institution.
17    "Contraband" means all reptile or amphibian life or any
18part of reptile or amphibian life taken, bought, sold or
19bartered, shipped, or held in possession or any conveyance,
20vehicle, watercraft, or other means of transportation
21whatsoever, except sealed railroad cars or other sealed common
22carriers, used to transport or ship any reptile or amphibian
23life or any part of reptile or amphibian life taken, contrary
24to this Act, including administrative rules, or used to
25transport, contrary to this Act, including administrative

 

 

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1rules, any of the specified species when taken illegally.
2    "Culling" means picking out from others and removing
3rejected members because of inferior quality.
4    "Department" means the Illinois Department of Natural
5Resources.
6    "Director" means the Director of the Illinois Department of
7Natural Resources.
8    "Educational program" means a program of organized
9instruction or study for providing education intended to meet a
10public need.
11    "Endangered or threatened species" means any species
12listed as endangered or threatened to the species level on
13either the Illinois List of Endangered and Threatened Fauna or
14the federal U.S. Fish and Wildlife Service List of Threatened
15and Endangered Species.
16    "Herptile" means collectively any amphibian or reptile
17taxon, whether indigenous to this State or not.
18    "Indigenous or native taxa" means those amphibians and
19reptiles to the subspecies level that can be found naturally in
20this State.
21    "Individual" means a natural person.
22    "Medically significant" means a venomous or poisonous
23species whose venom or toxin can cause death or serious illness
24or injury in humans that may require emergency room care or the
25immediate care of a physician. These species are categorized as
26being "medically significant" or "medically important".

 

 

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1    "Owner" means an individual who has a legal right to the
2possession of a herptile.
3    "Person" means any individual, partnership, corporation,
4organization, trade or professional association, firm, limited
5liability company, joint venture, or group.
6    "Possession limit" means the maximum number or amount of
7herptiles that can be lawfully held or possessed by one person
8at any time.
9    "Possessor" means any person who possesses, keeps,
10harbors, brings into the State, cares for, acts as a custodian
11for, has in his or her custody or control, or holds a property
12right to a herptile.
13    "Reptile show" means any event open to the public, for a
14fee or without a fee, that is not a licensed pet store, where
15herptiles or herptiles together with other animals are
16exhibited, displayed, sold, bought, traded, or otherwise made
17available for public display.
18    "Resident" means a person who in good faith makes
19application for any license or permit and verifies by statement
20that he or she has maintained his or her permanent abode in
21this State for a period of at least 30 consecutive days
22immediately preceding the person's application, and who does
23not maintain permanent abode or claim residency in another
24state for the purposes of obtaining any of the same or similar
25licenses or permits under this Act. A person's permanent abode
26is his or her fixed and permanent dwelling place, as

 

 

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1distinguished from a temporary or transient place of residence.
2Domiciliary intent is required to establish that the person is
3maintaining his or her permanent abode in this State. Evidence
4of domiciliary intent includes, but is not limited to, the
5location where the person votes, pays personal income tax, or
6obtains a drivers license. Any person on active duty in the
7Armed Forces shall be considered a resident of Illinois during
8his or her period of military duty.
9    "Special use herptile" means any taxon of amphibian or
10reptile for which a Herptile Special Use permit is required.
11    "Take" means possess, collect, catch, detain, hunt, shoot,
12pursue, lure, kill, destroy, capture, gig or spear, trap or
13ensnare, harass, or an attempt to do so.
14    "Transport" or "ship" means to convey by parcel post,
15express, freight, baggage, or shipment by common carrier or any
16description; by automobile, motorcycle, or other vehicle of any
17kind; by water or aircraft of any kind; or by any other means
18of transportation.
19    "Turtle farming" means the act of breeding, hatching,
20raising, selling turtles, or any combination commercially for
21the purpose of providing turtles, turtle eggs, or turtle parts
22to pet suppliers, exporters, and food industries.
23    "Wildlife sanctuary" means any non-profit organization
24that: (1) is exempt from taxation under the federal Internal
25Revenue Code and is currently confirmed as tax exempt by the
26federal Internal Revenue Service; (2) operates a place of

 

 

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1refuge where wild animals are provided care for their lifetime
2or released back to their natural range; (3) does not conduct
3activities on animals in its possession that are not inherent
4to the animal's nature; (4) does not use animals in its
5possession for entertainment; (5) does not sell, trade, or
6barter animals in its possession or parts of those animals; and
7(6) does not breed animals in its possession.
 
8
ARTICLE 5. INDIGENOUS OR
9
NATIVE HERPTILE TAXA

 
10    Section 5-5. Possession limits.
11    (a) The possession limit for indigenous amphibian and
12reptile taxa (excluding common snapping turtles and bullfrogs)
13is 8 total collectively with no more than 4 per species. Young
14of gravid wild-collected amphibians and reptiles shall be
15returned to the site of adult capture after birth.
16    (b) Only residents may possess herptiles collected from the
17wild within this State under a valid sport fishing license;
18non-residents may not possess herptiles collected from the wild
19within this State except for scientific purposes, with a
20Herptile Scientific Collection permit.
21    (c) All herptile species (other than bullfrogs and common
22snapping turtles) may be captured by hand. This shall not
23restrict the use of legally taken herptiles as bait by anglers.
24Any captured herptiles that are not to be retained in the

 

 

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1possession of the captor shall be immediately released at the
2site of capture, unless taken with a lethal method such as bow
3and arrow, gig, spear, or pitchfork which does not permit
4release without harm. All common snapping turtles and bullfrogs
5taken for personal consumption must be kept and counted in the
6daily catch creel or bag. No culling of these 2 species for
7personal consumption is permitted.
8    (d) The trier of fact may infer that a person is collecting
9from the wild within this State if he or she possesses
10indigenous reptiles or amphibians, in whole or in part, if no
11documentation exists stating that the animals were legally
12collected from the wild outside of this State.
13    (e) Residents may possess a total of 8 native herp
14specimens collectively, with no more than 4 per species,
15without obtaining and possessing either a Herptile Scientific
16Collection permit or Herpetoculture permit from the
17Department, regardless of the origin of the species. A sport
18fishing license is required for residents to legally collect
19any native herp taxon on private land, with the landowner's
20permission. Collecting herptiles on public lands shall require
21additional permits.
22    (f) Any resident wishing to possess more than his or her
23allowed possession limit shall first apply to the Department
24for a Herptile Scientific Collection permit or Herpetoculture
25permit to do so. Issuance, modification, or denial of any and
26all of these permits shall be at the sole discretion of the

 

 

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1Department.
2    (g) Due to the similarity of appearance (S/A) of certain
3intergrade or hybrid specimens, the Department retains the
4authority to enforce any and all provisions under this Act.
5Specimens determined by the Department, or its agents, to fit
6into this S/A category shall receive all benefits of this Act,
7as well as the Illinois Endangered Species Protection Act if
8applicable, and shall be included in an individual's overall
9possession limit.
 
10    Section 5-10. Commercialization; herpetoculture.
11    (a) It is unlawful to take, possess, buy, sell, offer to
12buy or sell or barter any reptile, amphibian, or their eggs,
13any resulting offspring, or parts taken from the wild in this
14State for commercial purposes unless otherwise authorized by
15law.
16    (b) The trier of fact may infer that a person is collecting
17from the wild within this State for commercial purposes if he
18or she possesses indigenous reptiles or amphibians, in whole or
19in part, for which no documentation exists stating that the
20animals were legally collected from the wild outside this
21State.
22    (c) Due to the similarity of appearance (S/A) of certain
23intergrade or hybrid specimens, the Department retains the
24authority to enforce any and all provisions under this Act.
25Specimens determined by the Department, or its agents, to fit

 

 

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1into this S/A category shall receive all benefits of this Act,
2as well as the Illinois Endangered Species Protection Act if
3applicable, and shall be included in an individual's overall
4possession limit.
5    (d) A valid, Department-issued Herpetoculture permit shall
6apply only to indigenous herp taxa. A Herpetoculture permit
7shall not be required in order to commercialize non-indigenous
8herp taxa except as otherwise prohibited or regulated under
9this Act.
10    (e) Indigenous herp taxa collected from the wild in this
11State may not be bred unless otherwise authorized by the
12Department for research or recovery purposes.
 
13    Section 5-15. Protection of habitat. Habitat features that
14are disturbed in the course of searching for reptiles and
15amphibians shall be returned to as near its original position
16and condition as possible, for example overturned stones and
17logs shall be restored to their original locations.
 
18    Section 5-20. Taking of endangered or threatened species.
19    (a) No person shall take or possess any of the herptiles
20listed in the Illinois Endangered Species Protection Act or
21subsequent administrative rules, except as provided by that
22Act.
23    (b) Any Department-permitted threatened or endangered
24(T/E) herptile species shall be exempt from an individual's

 

 

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1overall possession under the permitting system set forth in
2this Act. However, any and all T/E specimens shall be
3officially recorded with the Department's Endangered Species
4Conservation Program. Any species occurring on the federal T/E
5list also requires a Department permit for possession,
6propagation, sale, or offer for sale unless otherwise permitted
7through the Department.
8    (c) Due to the similarity of appearance (S/A) of certain
9intergrade or hybrid specimens, the Department retains the
10authority to enforce any and all provisions under this Act.
11Specimens determined by the Department, or agents, to fit into
12this S/A category shall receive all benefits of this Act, as
13well as the Illinois Endangered Species Protection Act if
14applicable, and shall be included in an individual's overall
15possession limit.
16    (d) Federally licensed exhibits shall not be exempt from
17the Illinois Endangered Species Protection Act.
18    (e) Any changes in T/E permit numbers for herptiles by
19current, existing permit holders shall be reported to the
20Department in writing no later than the first business day
21after that change occurred. Requests for permits by any
22resident acquiring a T/E species who is not permitted shall not
23be issued after-the-fact.
24    (f) Annual reports are due by January 31 of each year for
25the preceding year's activities. Failure to submit the annual
26report by the due date shall result in a permit violation.

 

 

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1    (g) An annual fee for herptile T/E species permits, per
2permittee, shall be set by administrative rule. All fees for
3herptile T/E species permits shall be deposited into the
4Wildlife Preservation Fund.
5    (h) Procedures for acquisition, breeding, and sales of T/E
6herptile species shall be set forth in administrative rule.
7    (i) Record keeping requirements for T/E herptile species
8shall be set forth in administrative rule.
 
9    Section 5-25. Taking of snakes. Unless otherwise provided
10in this Act, any non-threatened or non-endangered snake may be
11taken by the owners or bona fide tenants of lands actually
12residing on the lands and their children, parents, brothers,
13and sisters permanently residing with them.
 
14    Section 5-30. Taking of turtles or bullfrogs; illegal
15devices.
16    (a) No person shall take turtles or bullfrogs by commercial
17fishing devices, including dip nets, hoop nets, traps, or
18seines, or by the use of firearms, airguns, or gas guns.
19Turtles may be taken only by hand or means of hook and line.
20    (b) Bullfrog; common snapping turtle; open season.
21        (1) All individuals taking bullfrogs shall possess a
22    valid sport fishing license and may take bullfrogs only
23    during the open season to be specified by administrative
24    rule. Bullfrogs may only be taken by hook and line, gig,

 

 

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1    pitchfork, spear, bow and arrow, hand, or landing net.
2        (2) The daily catch limit and total possession limit
3    for all properly licensed persons shall be specified by
4    administrative rule.
5        (3) All persons taking common snapping turtles shall
6    possess a valid sport fishing license and may take common
7    snapping turtles only during the open season to be
8    specified by administrative rule. Common snapping turtles
9    (Chelydra serpentina) may be taken only by hand, hook and
10    line, or bow and arrow, except in the counties listed in
11    Section 5-35 where bowfishing for common snapping turtles
12    is not allowed.
13        (4) The daily catch limit and total possession limit
14    for all properly licensed persons shall be specified by
15    administrative rule.
16    (c) The alligator snapping turtle (Macrochelys temminckii)
17is protected and may not be taken by any method including, but
18not limited to, any sport fishing method.
 
19    Section 5-35. Areas closed to the taking of reptiles and
20amphibians.
21    (a) Unless otherwise allowed by law or administrative rule,
22the taking of reptiles and amphibians at any time and by any
23method is prohibited in the following areas:
24    The LaRue-Pine Hills or Otter Pond Research Natural Area in
25    Union County. The closed area shall include the Research

 

 

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1    Natural Area as designated by the U.S. Forest Service and
2    the right-of-way of Forest Road 345 with Forest Road 236 to
3    the intersection of Forest Road 345 with the Missouri
4    Pacific railroad tracks. Unless otherwise authorized,
5    possession of any collecting equipment is prohibited
6    within the closed area.
7    (b) In the following counties bowfishing for common
8snapping turtles is not permitted: Randolph, Perry, Franklin,
9Hamilton, White, Gallatin, Saline, Williamson, Jackson, Union,
10Johnson, Pope, Hardin, Massac, Pulaski, and Alexander, or in
11any additional counties added through administrative rule.
12    (c) Collection of wild turtles for races or other types of
13events involving congregating and gathering numbers of wild
14turtles is prohibited in counties where ranavirus has been
15documented. Inclusion on the county list shall be determined by
16rule.
 
17    Section 5-40. Translocation and release of herptiles.
18    (a) Except as provided for in subsection (a) of Section
195-5, no herptile indigenous species may be moved, translocated,
20or populations repatriated within this State without approval
21of the Department, after review of a proposal complete with
22long-term monitoring plan at least 5 years post-release.
23    (b) It shall be unlawful to intentionally or negligently
24release any non-indigenous herptile species into this State.
 

 

 

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1
ARTICLE 10. VENOMOUS REPTILES

 
2    Section 10-5. Venomous reptile defined. Venomous reptiles
3include, but are not limited to, any medically significant
4venomous species of the families or genera of the Order
5Squamata: Helodermatidae, such as gila monsters and beaded
6lizards; Elapidae, such as cobras and coral snakes;
7Hydrophiidae, such as sea snakes; Viperidae and Crotalinae,
8such as vipers and pit vipers; Atractaspididae, such as
9burrowing asps; Colubridae in the following genera that shall
10be determined by administrative rule: West Indian racers
11(Alsophis); boigas and mangrove snakes (Boiga); road guarders
12(Conophis); Boomslangs (Dispholidus); false water cobras
13(Hydrodynastes); varied or hooded keelbacks (Macropisthodon);
14Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes
15(Malpolon); kukri snakes (Oligodon); collared snakes
16(Phalotris); palm snakes or green racers (Philodryas); sand
17snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked
18snakes (Rhamphiophis); twig snakes (Thelotornis); black tree
19snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes
20(Waglerophis); false fer-de-lances (Xenodon); specimens or
21eggs of the brown tree snake (Boiga irregularis); and any other
22species added through legislative process designated.
 
23    Section 10-10. Surgically altered venomous reptiles. It is
24not a defense to a violation of Article 65 that the person

 

 

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1violating that Article has had the venomous reptile surgically
2altered to render it harmless.
 
3    Section 10-15. Venomous reptile permit requirements. In
4addition to those requirements listed in Articles 60 and 65 of
5this Act, Herptile Special Use permits may be issued to
6residents using approved venomous reptile species only for bona
7fide educational programs, following an inspection and
8approval of the proposed facilities. A minimum of 6 documented
9programs shall be required of each permittee per calendar year.
10Unless addressed or exempted by administrative rule, annual
11permit renewal must be accompanied by a non-refundable fee as
12set by the Department by administrative rule and documented
13proof of educational programs completed on the recipient's
14letterhead. Prospective permittees must have 250 documented
15hours of experience with venomous reptiles. The Department or
16the Department of Agriculture reserves the right to inspect
17permittees and facilities during reasonable hours. Additions
18to permits must be approved prior to acquisition of additional
19venomous reptiles, and any changes shall be reported to the
20Department in writing no later than the first business day
21after that change occurred.
 
22    Section 10-20. Approved venomous reptiles. Permittees may
23keep legally obtained venomous reptile specimens native to the
24United States, except the following species: Eastern

 

 

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1diamondback rattlesnakes (Crotalus adamanteus); Western
2diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes
3(Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus
4oreganus helleri); Eastern and Texas coral snakes (Micrurus
5fulvius); Sonoran coral snakes (Micruroides euryxanthus); and
6timber/canebrake rattlesnakes (Crotalus horridus) from the
7southern portions of their range (Oklahoma, southern Arkansas,
8Louisiana, and also southeastern South Carolina south through
9eastern Georgia to northern Florida), known as "Type A" and
10containing canebrake toxin.
11    Except for Boomslangs (Dispholidus), twig snakes
12(Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green
13racer (Philodryas olfersii), and brown tree snake (Boiga
14irregularis), medically significant snakes in the family
15Colubridae defined in Section 10-5 of this Article may be
16possessed with a permit.
 
17    Section 10-25. Maintenance of venomous reptiles.
18Permittees shall keep approved venomous reptiles in strong
19escape-proof enclosures that at a minimum are: impact
20resistant, locked at all times, prominently labeled with the
21permittee's full name, address, telephone number, list of cage
22contents by scientific and common names, and a sign labeled
23"venomous". The signage shall also include the type and
24location of antivenom and contact information of the person or
25organization possessing the antivenom.
 

 

 

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1    Section 10-30. Educational programs with approved venomous
2reptiles. Permittees shall keep approved venomous reptiles in
3strong escape-proof enclosures that at a minimum are: impact
4resistant, locked at all times, prominently labeled with the
5permittee's full name, address, telephone number, list of cage
6contents by scientific and common names, and a sign labeled
7"venomous". Labeling shall also include the type and location
8of antivenom and contact information of the person or
9organization possessing the antivenom. Interiors of enclosures
10may not be accessible to the public.
 
11    Section 10-35. Transport of approved venomous reptiles.
12During transport of any approved venomous reptile, it must be
13kept out of sight of the public in an escape-proof enclosure at
14all times that is labeled "venomous". Transport of any venomous
15reptile to any public venue, commercial establishment, retail
16establishment, or educational institution shall only be for
17bona fide educational programs or veterinary care.
 
18    Section 10-40. Additional regulations. Venomous reptiles
19shall not be bred, sold, or offered for sale within this State.
20The Department may approve limited transfers among existing
21permittees at the sole discretion of the Department.
22    As determined by the Department, non-residents may apply
23for a permit not to exceed 15 consecutive days to use venomous

 

 

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1reptiles in bona fide educational programs. The fee for the
2permit shall be set by administrative rule, and all fees shall
3be deposited into the Wildlife and Fish Fund.
 
4
ARTICLE 15. BOAS,
5
PYTHONS, AND ANACONDAS

 
6    Section 15-5. Boas, pythons, and anacondas. Nothing shall
7prohibit lawfully acquired possession of any of the Boidae
8family, such as boas, pythons, and anacondas, provided captive
9maintenance requirements from the Department as set forth in
10this Act are met. All boas, pythons, and anacondas referenced
11in this Act are exempt from the permit process, associated
12annual fee, and liability insurance coverage.
 
13    Section 15-10. Maintenance of boas, pythons, and
14anacondas. Any species of boa, python, or anaconda not native
15to the United States, regardless of length, must be properly
16maintained in suitable, strong, impact resistant, escape-proof
17enclosures at all times unless being used for bona fide
18educational programs or trips for veterinary care.
 
19    Section 15-15. Educational programs with boas, pythons,
20and anacondas. During any bona fide educational program
21involving boas, pythons, or anacondas not native to the United
22States, the owner or affiliated agent must maintain physical

 

 

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1possession of the snake at all times if removed from a
2container or cage. Interiors of cages or containers used during
3educational programs may not be accessible to the public.
 
4    Section 15-20. Transport of boas, pythons, and anacondas.
5During transport of any boa, python, or anaconda, the snake
6must be kept out of sight of the public in an escape-proof
7enclosure at all times.
 
8    Section 15-25. Use of boas, pythons, and anacondas at
9reptile shows. An owner or affiliated agent must have physical
10possession and control of any boa, python, or anaconda that is
11not native to the United States at all times if removed from a
12container or cage. Uncontained boas, pythons, or anacondas
13removed from cages for examination or onlooker interaction must
14be kept confined either behind or at a display table. Interiors
15of cages or containers may not be accessible to the public.
 
16
ARTICLE 20. CROCODILIANS

 
17    Section 20-5. Crocodilians. "Crocodilians" means any
18species of the Order Crocodilia, such as crocodiles,
19alligators, caimans, and gavials.
 
20    Section 20-10. Crocodilian permit requirements. In
21addition to the requirements listed in Articles 60 and 65 of

 

 

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1this Act, Herptile Special Use permits may be issued to
2residents using crocodilian species only for bona fide
3educational programs, following an inspection and approval of
4the proposed facilities. A minimum of 6 documented programs
5shall be required of each permittee per calendar year. Unless
6addressed or exempted by administrative rule, annual permit
7renewal must be accompanied by a non-refundable fee as set by
8the Department and documented proof of educational programs
9completed on the recipient's letterhead. The Department or the
10Department of Agriculture reserves the right to inspect
11permittees and facilities during reasonable hours. Additions
12to permits must be approved prior to acquisition of additional
13crocodilians, and any changes shall be reported to the
14Department in writing no later than the first business day
15after that change occurred.
 
16    Section 20-15. Maintenance of crocodilians. Permittees
17shall keep crocodilians maintained in suitable, strong, impact
18resistant, escape-proof enclosures at all times unless being
19used for bona fide educational programs or trips for veterinary
20care.
 
21    Section 20-20. Educational programs with crocodilians.
22During any bona fide educational program involving
23crocodilians, the owner or affiliated agent must maintain
24physical possession and control of the crocodilian at all times

 

 

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1if removed from a container or cage. Interiors of cages or
2containers used during educational programs may not be
3accessible to the public. Crocodilians removed from their cage
4or enclosure for educational programs must have either the
5mouth banded or taped shut or kept at a minimum of 10 feet from
6the public and also kept out of direct contact with the public.
 
7    Section 20-25. Transport of crocodilians. During transport
8of any crocodilian, it must be kept out of sight of the public
9in an escape-proof enclosure at all times. Transport of any
10crocodilian to any public venue, commercial establishment,
11retail establishment, or educational institution shall only be
12for bona fide educational programs or veterinary care.
 
13    Section 20-30. Additional regulations. Crocodilians shall
14not be bred, sold, or offered for sale within this State.
15    As determined by the Department, non-residents may apply
16for a permit not to exceed 15 consecutive days to use
17crocodilians in bona fide educational programs. The fee for
18this permit shall be set by administrative rule, and all fees
19shall be deposited into the Wildlife and Fish Fund.
 
20
ARTICLE 25. MONITOR LIZARDS

 
21    Section 25-5. Monitor lizards."Monitor lizards" means the
22following members of the Varanidae family, specifically

 

 

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1crocodile monitors as well as Komodo dragons.
 
2    Section 25-10. Monitor lizard permit requirements. In
3addition to those requirements listed in Articles 60 and 65 of
4this Act, Herptile Special Use permits may be issued to
5residents using monitor lizard species only for bona fide
6educational programs, following an inspection and approval of
7the proposed facilities. A minimum of 6 documented programs on
8the family Varanidae shall be required of each permittee per
9calendar year. Unless addressed or exempted by administrative
10rule, annual permit renewal must be accompanied by a
11non-refundable fee as set by the Department and documented
12proof of educational programs completed on the recipient's
13letterhead. The Department or the Department of Agriculture
14reserves the right to inspect permittees and facilities during
15reasonable hours. Additions to permits must be approved prior
16to acquisition of additional monitor lizards, and any changes
17shall be reported to the Department in writing no later than
18the first business day after that change occurred.
 
19    Section 25-15. Maintenance of monitor lizards. Permittees
20shall keep monitor lizards maintained in suitable, strong,
21impact resistant, escape-proof enclosures at all times unless
22being used for bona fide educational programs or trips for
23veterinary care.
 

 

 

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1    Section 25-20. Educational programs with monitor lizards.
2During any bona fide educational program involving monitor
3lizards, the owner or affiliated agent must maintain physical
4possession and control of the monitor lizard at all times if
5removed from a container or cage. Interiors of cages or
6containers used during educational programs may not be
7accessible to the public. Monitor lizards removed from their
8cage or enclosure for educational programs must have either the
9mouth banded or taped shut, or kept at a minimum of 10 feet
10from the public and also kept out of direct contact with the
11public.
 
12    Section 25-25. Transport of monitor lizards. During
13transport of any monitor lizard, it must be kept out of sight
14of the public in an escape-proof enclosure at all times.
15Transport of a monitor lizard to any public venue, commercial
16establishment, retail establishment, or educational
17institution shall only be for bona fide educational programs or
18veterinary care.
 
19    Section 25-30. Additional regulations. Monitor lizards
20shall not be bred, sold, or offered for sale within this State.
21    As determined by the Department, non-residents may apply
22for a permit not to exceed 15 consecutive days to use monitor
23lizards in bona fide educational programs. The fee for the
24permit shall be set by administrative rule, and all fees shall

 

 

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1be deposited into the Wildlife and Fish Fund.
 
2
ARTICLE 30. TURTLES

 
3    Section 30-5. Turtles. It is unlawful to buy, sell, or
4offer to sell, or otherwise commercialize (including, but not
5limited to, offering as a commercial incentive, trading, or
6otherwise use for the purpose of profit or pecuniary gain) any
7species of aquatic or semi-aquatic turtles in the Order
8Testudines (except for the terrestrial tortoises in the family
9Testudinidae) with a carapace length of 4 inches or less or
10their eggs within this State. With prior approval from the
11Department, in its sole discretion, sales or offers for sale of
12aquatic or semi-aquatic turtles with a carapace length of 4
13inches or less or their eggs may be allowed to bona fide
14scientific or educational institutions.
 
15    Section 30-10. Turtle farming. Turtles shall not be
16commercially farmed in this State.
 
17    Section 30-15. Turtle collection. Collection of wild
18turtles for races or other types of events involving
19congregating and gathering numbers of wild turtles is
20prohibited in counties where ranavirus has been documented.
21Inclusion on the county list shall be determined by rule.
 

 

 

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1
ARTICLE 35. AMPHIBIANS

 
2    Section 35-5. Amphibians. For the purposes of this Section,
3"amphibians" means those medically significant poisonous
4amphibians capable of causing bodily harm to humans or animals,
5including, but not limited to, cane or marine toads (Bufo
6marinus) and Colorado river toads (Bufo alvarius), or any other
7amphibian found to be medically significant and shall only be
8allowed for bona fide educational purposes or research purposes
9by exempted institutions.
10    Poison dart frogs bred and raised in captivity shall be
11exempt from the permit process.
 
12
ARTICLE 40. HERPTILE SCIENTIFIC
13
COLLECTION PERMITS

 
14    Section 40-5. Permit issuance. Herptile Scientific
15Collection permits may be granted by the Department, in its
16sole discretion, to any properly accredited person at least 18
17years of age, permitting the capture, marking, handling,
18banding, or collecting (including hide, skin, bones, teeth,
19claws, nests, eggs, or young), for strictly scientific
20purposes, of any of the herptiles not listed as endangered or
21threatened but now protected under this Act. A Herptile
22Scientific Collection permit may be granted to qualified
23individuals for purpose of salvaging dead, sick, or injured

 

 

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1herptiles not listed as endangered or threatened but protected
2by this Act for permanent donation to bona fide public or state
3scientific, educational, or zoological institutions.
4Collecting herptiles on public lands shall require additional
5permits.
 
6    Section 40-10. Permit requirements. The criteria and
7standards for a Herptile Scientific Collection permit shall be
8provided by administrative rule. The Department shall set forth
9applicable rules covering qualifications and facilities needed
10to obtain a permit. Disposition of herptiles taken under the
11authority of this Article shall be specified by the Department.
12The holder of each permit shall make to the Department a report
13in writing upon forms furnished by the Department. These
14reports shall be made (i) annually if the permit is granted for
15a period of one year or (ii) within 30 days after the
16expiration of the permit if the permit is granted for a period
17of less than one year. These reports shall include information
18that the Department considers necessary.
 
19
ARTICLE 45. HERPTILE SCIENTIFIC
20
COLLECTION PERMIT APPLICATION AND FEES

 
21    Section 40-5. Permit application and fees. An applicant for
22a Herptile Scientific Collection permit must file an
23application with the Department on a form provided by the

 

 

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1Department. The application must include all information and
2requirements as set by administrative rule. The application for
3these permits shall be reviewed by the Department to determine
4if a permit should be issued.
5    Unless addressed or exempted by administrative rule,
6annual permit renewal must be accompanied by non-refundable fee
7as set by the Department. The annual fee for a Herptile
8Scientific Collection permit shall be set by administrative
9rule. The Department shall adopt, by administrative rule, any
10additional procedures for the renewal of a Herptile Scientific
11Collection permit. All fees shall be deposited into the Fish
12and Wildlife Fund.
 
13
ARTICLE 50. HERPETOCULTURE PERMITS

 
14    Section 50-5. Permit issuance. Any person or business who
15engages in the breeding, hatching, propagation, sale, or offer
16for sale of any indigenous herptile, regardless of origin,
17shall procure a permit from the Department. Herptiles
18specified, which are bred, hatched, propagated, or legally
19obtained by a person or business holding a permit as provided
20for in this Article, may be transported and sold or offered for
21sale within this State. Indigenous herp taxa collected from the
22wild in this State shall not be bred unless otherwise
23authorized by the Department for research or recovery purposes.
 

 

 

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1    Section 50-10. Permit requirements. Herpetoculture permit
2holders shall maintain written records of all herptiles
3indigenous to this State bought, sold, hatched, propagated,
4sold, or shipped for a minimum of 2 years after the date of the
5transaction and shall be made immediately available to
6authorized employees of the Department upon request. These
7records shall include the name and address of the buyer and
8seller, the appropriate permit number of the buyer and seller,
9the date of the transaction, the species name (both common and
10scientific), and the origin of herptile involved. Records of
11the annual operations, as may be required by the Department,
12shall be forwarded to the Department upon request.
13    The criteria and standards for a Herpetoculture permit
14shall be provided by administrative rule. The Department shall
15set forth applicable rules, including a list of herptiles
16indigenous to this State.
 
17
ARTICLE 55. HERPETOCULTURE
18
PERMIT APPLICATION AND FEES

 
19    Section 55-5. Permit application and fees. An applicant
20for a Herpetoculture permit must file an application with the
21Department on a form provided by the Department. The
22application must include all information and requirements as
23set forth by administrative rule. The application for these
24permits shall be reviewed by the Department to determine if a

 

 

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1permit should be issued.
2    Unless addressed or exempted by administrative rule,
3annual permit renewal must be accompanied by a non-refundable
4fee as set by the Department. The annual fee for a residential
5Herpetoculture permit shall be set by administrative rule. The
6Department shall adopt, by administrative rule, any additional
7procedures for the renewal of a Herpetoculture permit. All fees
8shall be deposited into the Wildlife and Fish Fund.
9    As determined by the Department, non-residents may apply
10for a permit not to exceed 15 consecutive days to commercialize
11herptiles indigenous to this State as outlined in this Article.
12The fee for the permit shall be set by administrative rule, and
13all fees shall be deposited into the Wildlife and Fish Fund.
14    The Department shall adopt, by administrative rule,
15additional procedures for the renewal of annual Herpetoculture
16permits.
 
17    Section 55-10. Additional regulations. Nothing in
18Articles 50 and 55 shall be construed to give permittees
19authority to breed, hatch, propagate, sell, offer for sale, or
20otherwise commercialize any herptile or parts thereof from
21herptiles indigenous to this State, either partially or in
22whole, that originate from the wild in this State.
23    Any offspring resulting from the breeding of herptiles
24where one parent has been taken from the wild in this State and
25the other parent from non-Illinois stock or captive bred stock

 

 

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1may not be legally sold or otherwise commercialized and shall
2be treated as indigenous or native Illinois herp taxa subject
3to Article 5 of this Act.
4    Color or pattern variations (morphs) of any herptile
5indigenous to this State are not exempt from this Article.
6    Due to the similarity of appearance (S/A) of certain
7intergrade or hybrid specimens, the Department retains the
8authority to enforce any and all provisions under this Act.
9Specimens determined by the Department, or its agents, to fit
10into this S/A category shall receive all benefits of this Act,
11as well as the Illinois Endangered Species Protection Act if
12applicable.
 
13
ARTICLE 60. HERPTILE SPECIAL
14
USE PERMIT REQUIREMENTS

 
15    Section 60-5. Permit requirements. Prior to any person
16obtaining a Herptile Special Use permit, the following criteria
17must be met:
18        (1) the person was in legal possession and is the legal
19    possessor of the herptile prior to the effective date of
20    this Act and the person applies for and is granted a
21    Personal Possession permit for each special use herptile in
22    the person's possession within 30 days after the enactment
23    of this Act; or
24        (2) prior to acquiring a Herptile Special Use permit,

 

 

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1    the person must provide the name, address, date of birth,
2    permit number, telephone number of the possessor, type or
3    species, and the date the herptile is to be acquired.
4    The applicant must comply with all requirements of this Act
5and the rules adopted by the Department to obtain a Herptile
6Special Use permit. Prior to the issuance of the Herptile
7Special Use permit, the applicant must provide proof of
8liability insurance or surety bond, either individually, or in
9the name of the entity giving the bona fide educational
10programs, in the amount of $100,000 for each special use
11herptile up to a maximum of $1,000,000 and the insurance or
12surety bond is to be maintained during the term of the permit
13for liability for any incident arising out of or relating to
14the special use herptile.
 
15
ARTICLE 65. HERPTILE SPECIAL USE
16
PERMIT APPLICATION AND FEES

 
17    Section 65-5. Permit application and fees. An applicant for
18a Herptile Special Use permit must file an application with the
19Department on a form provided by the Department. The
20application must include all information and requirements as
21set forth by administrative rule.
22    The annual fee for a residential Herptile Special Use
23permit shall be set by administrative rule on a per person
24basis. The Herptile Special Use permit shall not be based on

 

 

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1the number of special use herptile kept by an owner or
2possessor. All fees shall be deposited into the Wildlife and
3Fish Fund.
4    The Department shall adopt, by administrative rule,
5procedures for the renewal of annual Herptile Special Use
6permits.
7    Any person possessing and in legal possession of a special
8use herptile as stipulated in this Article that no longer
9wishes to keep the herptile may be assisted by the Department,
10at no charge to them and without prosecution, to place the
11special use herptile in a new home, within 30 days after the
12effective date of this Act.
13    The Department may issue a Limited Entry permit to an
14applicant who: (i) is not a resident of this State; (ii)
15complies with the requirements of this Act and all rules
16adopted by the Department under the authority of this Act;
17(iii) provides proof to the Department that he or she shall,
18during the permit term, maintain sufficient liability
19insurance coverage; (iv) pays to the Department, along with
20each application for a Limited Entry permit, a non-refundable
21fee as set by administrative rule, which the Department shall
22deposit into the Wildlife and Fish Fund; and (v) uses the
23herptile for an activity authorized in the Limited Entry
24permit. A Limited Entry permit shall be valid for not more than
2530 consecutive days unless extended by the Department, however,
26no extension shall be longer than 15 days.
 

 

 

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1
ARTICLE 70. SUSPENSION OF
2
PRIVILEGES AND REVOCATION OF
3
HERPTILE SPECIAL USE PERMITS

 
4    Section 70-5. Suspension of privileges and revocation of
5permits. A person who does not hold a Herptile Special Use
6permit or Limited Entry permit and who violates a provision of
7this Act or an administrative rule authorized under this Act
8shall have his or her privileges under this Act suspended for
9up to 5 years after the date that he or she is in violation of
10an initial offense, for up to 10 years after the date that he
11or she is in violation of a second offense, and for life for a
12third or subsequent offense. Department suspensions and
13revocations shall be addressed by administrative rule.
14    A person who holds a Herptile Special Use permit or Limited
15Entry permit and who violates the provisions of this Act shall
16have his or her permit revoked and permit privileges under this
17Act suspended for a period of up to 2 years after the date that
18he or she is found guilty of an initial offense, for up to 10
19years after the date that he or she is found guilty of a second
20offense, and for life for a third offense. Department
21suspensions and revocations shall be addressed by
22administrative rule.
23    A person whose privileges to possess a special use herptile
24have been suspended or permit revoked may appeal that decision

 

 

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1in accordance with the provisions set forth in administrative
2rule.
 
3
ARTICLE 75. RECORD KEEPING REQUIREMENTS
4
OF SPECIAL USE HERPTILES

 
5    Section 75-5. Record keeping requirements. A person who
6possesses a special use herptile must maintain records
7pertaining to the acquisition, possession, and disposition of
8the special use herptile as provided by administrative rule.
9These records shall be maintained for a minimum of 2 years
10after the date the special use herptile is no longer in
11possession of the permit holder. All records are subject to
12inspection by authorized law enforcement officers. In addition
13to maintaining records, all special use herptiles must be
14either pit-tagged or microchipped to individually identify
15them and the pit-tag or microchip numbers are also to be
16maintained as other pertinent records, unless otherwise
17provided by administrative rule.
 
18
ARTICLE 80. INJURY TO A
19
MEMBER OF PUBLIC BY
20
SPECIAL USE HERPTILES

 
21    Section 80-5. Injury to a member of public by special use
22herptiles. A person who possesses a special use herptile

 

 

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1without complying with the requirements of this Act and the
2rules adopted under the authority of this Act and whose special
3use herptile harms a person when the possessor knew or should
4have known that the herptile had a propensity, when provoked or
5unprovoked, to harm, cause injury to, or otherwise
6substantially endanger a member of the public is guilty of a
7Class A misdemeanor. A person who fails to comply with the
8provisions of this Act and the rules adopted under the
9authority of this Act and who intentionally or knowingly allow
10a special use herptile to cause great bodily harm to, or the
11death of, a human is guilty of a Class 4 felony.
 
12
ARTICLE 85. PROHIBITED ACTS WITH
13
SPECIAL USE HERPTILES

 
14    Section 85-5. Prohibited acts. Except as otherwise
15provided in this Act or by administrative rule, a person shall
16not own, possess, keep, import, transfer, harbor, bring into
17this State, breed, propagate, buy, sell, or offer to sell, or
18have in his or her custody or control a special use herptile.
19    A person shall not release any special use herptile into
20the wild at any time unless authorized by the Director in
21writing. The possessor of a special use herptile must
22immediately contact the animal control authority or law
23enforcement agency of the municipality or county where the
24possessor resides if a special use herptile escapes or is

 

 

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1released.
2    The possessor of a special use herptile shall not keep,
3harbor, care for, transport, act as the custodian of, or
4maintain in his or her possession the special use herptile in
5anything other than an escape-proof enclosure.
6    The possessor of a special use herptile shall not transport
7the special use herptile to or possess the special use herptile
8at a public venue, commercial establishment, retail
9establishment, or educational institution unless specifically
10authorized by permit or required to render veterinary care to
11the special use herptile.
12    The possessor of a special use herptile, at all reasonable
13times, shall not deny the Department or its designated agents
14and officers access to premises where the possessor keeps a
15special use herptile to ensure compliance with this Act.
16    Except as otherwise provided in this Act or by
17administrative rule, a person shall not buy, sell, or barter,
18or offer to buy, sell, or barter a special use herptile.
 
19
ARTICLE 90. PENALTIES

 
20    Section 90-5. Penalties. A person who violates Article 85
21of this Act is guilty of a Class A misdemeanor for a first
22offense and a Class 4 felony for a second or subsequent offense
23occurring within one year after a finding of guilt on a first
24offense. A person who violates Article 75 of this Act is guilty

 

 

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1of a Class B misdemeanor. Each day of a violation constitutes a
2separate offense. Any other violation of this Act is a Class A
3misdemeanor unless otherwise stated.
4    All fines and penalties collected under the authority of
5this Act or its administrative rules shall be deposited into
6the Wildlife and Fish Fund.
 
7
ARTICLE 95. CIVIL
8
LIABILITY AND IMMUNITY

 
9    Section 95-5. Assumption of risk. Each person who owns,
10possesses, or keeps a herptile expressly assumes the risk of
11and legal responsibility for injury, loss, or damage to the
12person or the person's property that results from the
13ownership, possession, or keeping, of the herptile. Each owner,
14keeper, or possessor of a herptile shall be solely liable to
15manage, care for, and control a particular species, and it
16shall be the duty of each owner, keeper, or possessor, to
17maintain reasonable control of the particular herptile at all
18times, and to refrain from acting in a manner that may cause or
19contribute to the injury of person, whether in public or on
20private property.
 
21    Section 95-10. Civil liability and immunity. If any
22herptile escapes or is released, the owner and possessor of the
23herptile shall be strictly liable for all costs incurred in

 

 

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1apprehending and confining the herptile, including any
2injuries incurred to humans or damage to property, both real
3and personal, including pets and livestock, and the owner shall
4indemnify any animal control officer, police officer, or
5Department employee acting in his or her official capacity to
6capture or control an escaped herptile.
7    The owner, keeper, or possessor of an escaped herptile
8shall be solely responsible for any and all liabilities arising
9out of or in connection with the escape or release of any
10herptile including liability for any damage, injury, or death
11caused by or to the herptile during or after the herptile's
12escape or release or as a result of the apprehension or
13confinement of the herptile after its escape or release. In
14addition, the owner, keeper, or possessor of an escaped
15herptile shall be solely responsible for any and all costs
16incurred by an animal control officer, police officer, or
17Department employee acting in his or her official capacity to
18capture or control an escaped herptile.
19    A licensed veterinarian who may have cause to treat a
20special use herptile that is in violation of this Act shall not
21be held liable, except for willful and wanton misconduct, under
22this Act provided that the veterinarian (i) promptly reports
23violations of this Act of which he or she has knowledge to a
24law enforcement agency within 24 hours after becoming aware of
25the incident; (ii) provides the name, address, and phone number
26of the person possessing the special use herptile at time of

 

 

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1incident or treatment; (iii) provides the name and address of
2the owner of the special use herptile if known; (iv) identifies
3the kind and number of special use herptiles being treated; and
4(v) describes the reason for the treatment of the special use
5herptile.
 
6
ARTICLE 100. SEIZURE AND FORFEITURE

 
7    Section 100-5. Prima facie evidence; confiscation. The
8possession of any reptile or amphibian life or any part of
9reptile or amphibian life protected under this Act is prima
10facie evidence that the reptile or amphibian life or any part
11of reptile or amphibian life is subject to the provisions of
12this Act, including administrative rules.
13    Whenever the contents of any box, barrel, package, or
14receptacle consists partly of contraband and partly of legal
15reptile or amphibian life or any part of reptile or amphibian
16life, the entire contents of the box, barrel, or package, or
17other receptacle are subject to confiscation.
18    Whenever a person has in his or her possession in excess of
19the number of reptile or amphibian life or any parts of reptile
20or amphibian life permitted under this Act, including
21administrative rules, the entire number of reptile or amphibian
22life or any parts of reptile or amphibian life in his or her
23possession is subject to confiscation.
 

 

 

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1    Section 100-10. Search and seizure. Whenever any
2authorized employee of the Department, sheriff, deputy
3sheriff, or other peace office of the State has reason to
4believe that any person, owner, possessor, commercial
5institution, pet store, or reptile show vendor or attendee
6possesses any reptile or amphibian life or any part of reptile
7or amphibian life contrary to the provisions of this Act,
8including administrative rules, he or she may file, or cause to
9be filed, a sworn complaint to that effect before the circuit
10court and procure and execute a search warrant. Upon execution
11of the search warrant, the officer executing the search warrant
12shall make due return of the search warrant to the court
13issuing the search warrant, together with an inventory of all
14the reptile or amphibian life or any part of reptile or
15amphibian life taken under the search warrant. The court shall
16then issue process against the party owning, controlling, or
17transporting the reptile or amphibian life or any part of
18reptile or amphibian life seized, and upon its return shall
19proceed to determine whether or not the reptile or amphibian
20life or any part of reptile or amphibian life was held,
21possessed, or transported in violation of this Act, including
22administrative rules. In case of a finding that the reptile or
23amphibian life was illegally held, possessed, transported, or
24sold, a judgment shall be entered against the owner or party
25found in possession of the reptile or amphibian life or any
26part of reptile or amphibian life for the costs of the

 

 

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1proceeding and providing for the disposition of the property
2seized, as provided for by this Act.
 
3    Section 100-15. Seizure and forfeiture. If any person is
4found to possess a special use herptile that is in violation of
5this Act, including any administrative rules, then the special
6use herptile and any equipment or items used contrary to this
7Act shall be subject to seizure and forfeiture by the
8Department. Any special use herptile seized in violation of
9this Act may immediately be placed in a facility approved by
10the Department.
11    If a person's special use herptile has been seized by the
12Department, then the owner and possessor of the special use
13herptile is liable for the reasonable costs associated with the
14seizure, placement, testing, and care for the special use
15herptile from the time of confiscation until the time the
16special use herptile is relocated to an approved facility or
17person holding a valid Herptile Special Use permit or is
18otherwise disposed of by the Department.
19    Any special use herptile and related items found abandoned
20shall become the property of the Department and disposed of
21according to Department rule.
22    The circuit court, in addition to any other penalty, may
23award any seized or confiscated special use herptiles or items
24to the Department as provided for in Section 1-215 of the Fish
25and Aquatic Life Code and Section 1.25 of the Wildlife Code.

 

 

09800SB0902sam001- 42 -LRB098 05139 MGM 57058 a

1Further, the court, in addition to any other penalty, may
2assess a fee upon a person who pleads guilty to the provisions
3of this Act equal to the amount established or determined to
4maintain the special use herptile until it is permanently
5placed in a facility approved by the Department or otherwise
6disposed of.
 
7
ARTICLE 105. GENERAL PROVISIONS

 
8    Section 105-5. Administrative rules. The Department is
9authorized to adopt administrative rules for carrying out,
10administering, and enforcing the provisions of this Act. The
11administrative rules shall be adopted in accordance with the
12Illinois Administrative Procedure Act.
13    Rules, after becoming effective, shall be enforced in the
14same manner as other provisions of this Act. It is unlawful for
15any person to violate any provision of any administrative rule
16adopted by the Department. Violators of administrative rules
17are subject to the penalties in this Act.
 
18    Section 105-10. Conservation of reptiles and amphibians.
19The Department shall take all measures necessary for the
20conservation, distribution, introduction, and restoration of
21reptiles and amphibians. The Department shall also bring or
22cause to be brought actions and proceedings, in the name and by
23the authority of the People of the State of Illinois, to

 

 

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1enforce this Act, including administrative rules, and to
2recover any and all fines and penalties provided for in this
3Act. Nothing in this Act shall be construed to authorize the
4Department to change any penalty prescribed by law or to change
5the amount of license fees or the authority conferred by
6licenses prescribed by law. The Department is authorized to
7cooperate with the appropriate Departments of the federal
8government and other Departments or agencies of State
9government and educational institutions in conducting surveys,
10experiments, or work of joint interest or benefit.
 
11    Section 105-15. Peace officers. All employees of the
12Department authorized by the Director shall have the power of,
13and shall be, peace officers in the enforcement of this Act,
14including administrative rules, and may carry weapons as may be
15necessary in the performance of his or her duties.
 
16    Section 105-20. Arrests; warrants. All authorized
17employees of the Department and all sheriffs, deputy sheriffs,
18and other police officers shall arrest any person detected in
19violation of any of the provisions of this Act, including
20administrative rules. Any duly accredited officer of the
21federal Fish and Wildlife Service and U.S. Forest Service may
22arrest any person detected in violation of any of the
23provisions of this Act, including administrative rules.
24    All officers shall make prompt investigation of any

 

 

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1violation of this Act, including administrative rules,
2reported by any other persons and shall cause a complaint to be
3filed when there seems just ground for a complaint and evidence
4procurable to support the complaint.
5    Upon the filing of a complaint, the officers shall render
6assistance in the prosecution of the party against whom the
7complaint is made.
8    Peace officers, other than employees of the Department,
9making arrests and serving warrants provided for by this Act
10shall receive the fees and mileage as provided for by law for
11sheriffs.
12    Each duly accredited officer and authorized employee of the
13Department is empowered to execute and serve all warrants and
14processes issued by the circuit court.
 
15    Section 105-25. Prosecutions; State's Attorneys. All
16prosecutions shall be brought in the name and by the authority
17of the People of the State of Illinois before the circuit court
18for the county where the offense was committed.
19    All State's Attorneys shall enforce the provisions of this
20Act, including administrative rules, in his or her respective
21county and shall prosecute all persons charged with violating
22its provisions when requested by the Department.
 
23    Section 105-30. Statute of limitations. All prosecutions
24under this Act shall be commenced within 2 years after the time

 

 

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1the offense charged was committed.
 
2    Section 105-35. Collection of fines. All fines provided for
3by this Act shall be collected and remitted to the Department's
4Wildlife and Fish Fund, within 30 days after the collection of
5the fine, by the clerk of the circuit court collecting the
6fines who shall submit at the same time to the Department a
7statement of the names of the persons so fined and the name of
8the arresting officer, the offense committed, the amount of the
9fine, and the date of the conviction.
 
10    Section 105-40. Power of entry and examination; access to
11lands and waters. Authorized employees of the Department are
12empowered, under law, to enter all lands and waters to enforce
13this Act. Authorized employees are further empowered to examine
14all buildings, private or public clubs (except dwellings), fish
15markets, reptile shows, pet stores, camps, vessels, cars
16(except sealed railroad cars or other sealed common carriers),
17conveyances, vehicles, watercraft, or any other means of
18transportation or shipping, tents, bags, pillow cases, coats,
19jackets, or other receptacles and to open any box, barrel,
20package, or other receptacle in the possession of a common
21carrier, that they have reason to believe contains reptile or
22amphibian life or any part of reptile or amphibian life taken,
23bought, sold or bartered, shipped, or had in possession
24contrary to this Act, including administrative rules, or that

 

 

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1the receptacle containing the reptile or amphibian is falsely
2labeled.
3    Authorized employees of the Department shall be given free
4access to and shall not be hindered or interfered with in
5making an entry and examination. Any permit or license held by
6a person preventing free access or interfering with or
7hindering an employee shall not be issued to that person for
8the period of one year after his or her action.
9    Employees of the Department, as specifically authorized by
10the Director, are empowered to enter all lands and waters for
11the purpose of reptile or amphibian investigations, State and
12federal permit inspections, as well as reptile or amphibian
13censuses or inventories, and are further empowered to conduct
14examination of equipment and devices in the field, under law,
15to ensure compliance with this Act.
 
16    Section 105-45. Obstructing an officer. It shall be
17unlawful for any person to resist or obstruct any officer or
18employee of the Department in the discharge of his or her
19duties under this Act. Any person who violates this provision
20is guilty of a Class A misdemeanor.
 
21    Section 105-50. Posing as an officer or employee. It shall
22be unlawful for any person to represent himself or herself
23falsely to be an officer or employee of the Department or to
24assume to act as an officer or employee of the Department

 

 

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1without having been duly appointed and employed. Any person who
2violates this provision is guilty of a Class A misdemeanor.
 
3    Section 105-55. Illegal collecting devices; public
4nuisance. Every collecting device, including seines, nets,
5traps, pillow cases, bags, snake hooks or tongs, or any
6electrical device or any other devices including vehicles or
7conveyance, watercraft, or aircraft used or operated illegally
8or attempted to be used or operated illegally by any person in
9taking, transporting, holding, or conveying any reptile or
10amphibian life or any part of reptile or amphibian life,
11contrary to this Act, including administrative rules, shall be
12deemed a public nuisance and therefore illegal and subject to
13seizure and confiscation by any authorized employee of the
14Department. Upon the seizure of this item, the Department shall
15take and hold the item until disposed of as provided in this
16Act.
17    Upon the seizure of any device because of its illegal use,
18the officer or authorized employee of the Department making the
19seizure shall, as soon as reasonably possible, cause a
20complaint to be filed before the circuit court and a summons to
21be issued requiring the owner or person in possession of the
22property to appear in court and show cause why the device
23seized should not be forfeited to the State. Upon the return of
24the summons duly served or upon posting or publication of
25notice as provided in this Act, the court shall proceed to

 

 

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1determine the question of the illegality of the use of the
2seized property. Upon judgment being entered that the property
3was illegally used, an order shall be entered providing for the
4forfeiture of the seized property to the State. The owner of
5the property may have a jury determine the illegality of its
6use and shall have the right of an appeal as in other civil
7cases. Confiscation or forfeiture shall not preclude or
8mitigate against prosecution and assessment of penalties
9provided in Article 90 of this Act.
10    Upon seizure of any property under circumstances
11supporting a reasonable belief that the property was abandoned,
12lost, stolen, or otherwise illegally possessed or used contrary
13to this Act, except property seized during a search or arrest,
14and ultimately returned, destroyed, or otherwise disposed of
15under order of a court in accordance with this Act, the
16authorized employee of the Department shall make reasonable
17inquiry and efforts to identify and notify the owner or other
18person entitled to possession of the property and shall return
19the property after the person provides reasonable and
20satisfactory proof of his or her ownership or right to
21possession and reimburses the Department for all reasonable
22expenses of custody. If the identity or location of the owner
23or other person entitled to possession of the property has not
24been ascertained within 6 months after the Department obtains
25possession, the Department shall effectuate the sale of the
26property for cash to the highest bidder at a public auction.

 

 

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1The owner or other person entitled to possession of the
2property may claim and recover possession of the property at
3any time before its sale at public auction upon providing
4reasonable and satisfactory proof of ownership or right of
5possession and reimbursing the Department for all reasonable
6expenses of custody.
7    Any property forfeited to the State by court order under
8this Section may be disposed of by public auction, except that
9any property that is the subject of a court order shall not be
10disposed of pending appeal of the order. The proceeds of the
11sales at auction shall be deposited in the Wildlife and Fish
12Fund.
13    The Department shall pay all costs of posting or
14publication of notices required by this Section.
 
15    Section 105-60. Violations; separate offenses. Each act of
16pursuing, taking, shipping, offered or received for shipping,
17offering or receiving for shipment, transporting, buying,
18selling or bartering, or having in one's possession any
19protected reptile or amphibian life or any part of reptile or
20amphibian life, seines, nets, bags, snake hooks or tongs, or
21other devices used or to be used in violation of this Act,
22including administrative rules, constitutes a separate
23offense.
 
24    Section 105-65. Accessory to violation. Any person who aids

 

 

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1in or contributes in any way to a violation of this Act,
2including administrative rules, is individually liable, as a
3separate offense under this Act, for the penalties imposed
4against the person who committed the violation.
 
5    Section 105-70. Permit fraudulently obtained. No person
6shall at any time:
7    (1) falsify, alter, or change in any manner, or provide
8deceptive or false information required for any permit issued
9under the provisions of this Act;
10    (2) falsify any record required by this Act;
11    (3) counterfeit any form of permit provided for by this
12Act;
13    (4) loan or transfer to another person any permit issued
14under this Act; or
15    (5) use any permit issued to another person under this Act.
16    It is unlawful to possess any permit issued under the
17provisions of this Act that was fraudulently obtained or which
18the person or permittee knew, or should have known, was
19falsified, altered, changed in any manner, or fraudulently
20obtained.
21    The Department shall revoke all permits and suspend all
22privileges under this Act of any person violating this Section
23for a period of not less than 3 years. The procedures for
24suspension under this Section shall be as provided for in
25administrative rule. Anyone who violates a provision of this

 

 

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1Section shall be guilty of a Class A misdemeanor.
 
2    Section 105-75. Wildlife and Fish Fund; disposition of
3money received. All fees, fines, income of whatever kind or
4nature derived from reptile and amphibian activities regulated
5by this Act on lands, waters, or both under the jurisdiction or
6control of the Department and all penalties collected under
7this Act shall be deposited into the State Treasury and shall
8be set apart in a special fund known as the Wildlife and Fish
9Fund.
 
10    Section 105-80. Ownership and title of wild indigenous
11reptiles and amphibians. The ownership of and title to all wild
12indigenous reptile and amphibian life within the boundaries of
13the State are hereby declared to be in the State and no wild
14indigenous reptile and amphibian life shall be taken or killed,
15in any manner or at any time, unless the person or persons
16taking or killing the wild indigenous reptile and amphibian
17life shall consent that the title to the wild indigenous
18reptile and amphibian life shall be and remain in the State for
19the purpose of regulating the taking, killing, possession, use,
20sale, and transportation of wild indigenous reptile and
21amphibian life after taking or killing, as set forth in this
22Act.
 
23    Section 105-85. Application. This Act shall apply to

 

 

09800SB0902sam001- 52 -LRB098 05139 MGM 57058 a

1reptile and amphibian life or any part of reptile and amphibian
2life (i) in or from any of the waters or lands wholly within
3the boundaries of the State or over which the State has
4concurrent jurisdiction with any other state or (ii) which may
5be possessed in or brought into the State.
 
6    Section 105-90. Taking on private property. It is unlawful
7for any person to take or attempt to take any species of
8reptile or amphibian, or parts thereof, within or upon the land
9of another, or upon waters flowing over or standing on the land
10of another, without first obtaining permission from the owner
11or the owner's designee. For the purposes of this Section, the
12owner's designee means anyone who the owner designates in a
13written authorization and the authorization must contain (i)
14the legal or common description of property for which the
15authority is given, (ii) the extent that the owner's designee
16is authorized to make decisions regarding who is allowed to
17take or attempt to take any species of reptiles or amphibians,
18or parts thereof, and (iii) the owner's notarized signature.
19Before enforcing this Section, the law enforcement officer must
20have received notice from the owner or the owner's designee of
21a violation of this Section. Statements made to a law
22enforcement officer regarding this notice shall not be rendered
23inadmissible by the hearsay rule when offered for the purpose
24of showing the required notice. Any person who violates this
25Section shall be guilty of a Class B misdemeanor.
 

 

 

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1    Section 105-95. Financial value of herptiles.
2    (a) For purposes of this Section, the financial value of
3all reptiles and amphibians described under this Act taken,
4possessed, or used in violation of this Act, whether in whole
5or in part, is as follows:
6        (1) for processed turtle parts, $8 for each pound or
7    fraction of a pound; for each non-processed turtle, $15 per
8    whole turtle or fair market value, whichever is greater;
9        (2) for frogs, toads, salamanders, lizards, and
10    snakes, $5 per herptile or fair market value, whichever is
11    greater, in whole or in part, unless specified as a special
12    use herptile;
13        (3) for any special use herptile, the value shall be no
14    less than $250 per special use herptile or fair market
15    value, whichever is greater;
16        (4) for any endangered or threatened herptile, the
17    value shall be no less than $150 per endangered or
18    threatend herptile or fair market value, whichever is
19    greater; and
20        (5) any person who, for profit or commercial purposes,
21    knowingly captures or kills, possesses, offers for sale,
22    sells, offers to barter, barters, offers to purchase,
23    purchases, delivers for shipment, ships, exports, imports,
24    causes to be shipped, exported, or imported, delivers for
25    transportation, transports, or causes to be transported,

 

 

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1    carriers or causes to be carried, or receives for shipment,
2    transportation, carriage, or export any reptile or
3    amphibian life, in part or in whole, of any of the reptiles
4    and amphibians protected by this Act, and that reptile or
5    amphibian life, in whole or in part, is valued at or in
6    excess of a total of $300 or fair market value, whichever
7    is greater, as per value specified in paragraphs (1), (2),
8    (3), and (4) of this subsection commits a Class 3 felony.
9    (b) The trier of fact may infer that a person "knowingly
10possesses" a reptile or amphibian, in whole or in part,
11captured or killed in violation of this Act, valued at or in
12excess of $600, as per value specified in paragraphs (1), (2),
13(3), and (4) of subsection (a) of this Section.
 
14    Section 105-100. Home rule. A municipality or county may
15adopt an ordinance governing amphibian and reptile species that
16is more restrictive than this Act.
 
17
ARTICLE 110. EXEMPTIONS

 
18    Section 110-5. Exemptions. When acting in their official
19capacity, the following entities and their agents are exempt
20from Articles 75 and 85 of this Act:
21        (1) public zoos or aquaria accredited by the
22    Association of Zoos and Aquariums;
23        (2) licensed veterinarians or anyone operating under

 

 

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1    the authority of a licensed veterinarian;
2        (3) wildlife sanctuaries;
3        (4) accredited research or medical institutions;
4        (5) licensed or accredited educational institutions;
5        (6) circuses licensed and in compliance with the Animal
6    Welfare Act and all rules adopted by the Department of
7    Agriculture;
8        (7) federal, State, and local law enforcement
9    officers, including animal control officers acting under
10    the authority of this Act;
11        (8) members of federal, State, or local agencies
12    approved by the Department;
13        (9) any bona fide wildlife rehabilitation facility
14    licensed or otherwise authorized by the Department; and
15        (10) any motion picture or television production
16    company that uses licensed dealers, exhibitors, and
17    transporters under the federal Animal Welfare Act, 7 U.S.C.
18    2132.
 
19    Section 900-5. The Fish and Aquatic Life Code is amended by
20changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65, and
2110-115 as follows:
 
22    (515 ILCS 5/1-20)  (from Ch. 56, par. 1-20)
23    Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
24reptiles, amphibians, crayfish, and mussels. For the purposes

 

 

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1of Section 20-90, the definition of "aquatic life" shall
2include, but is not limited to, all fish, reptiles, amphibians,
3mollusks, crustaceans, algae or other aquatic plants, and
4invertebrates. Aquatic life does not mean any herptiles that
5are found in the Herptiles-Herps Act.
6(Source: P.A. 89-66, eff. 1-1-96.)
 
7    (515 ILCS 5/5-25)  (from Ch. 56, par. 5-25)
8    Sec. 5-25. Value of protected species; violations.
9    (a) Any person who, for profit or commercial purposes,
10knowingly captures or kills, possesses, offers for sale, sells,
11offers to barter, barters, offers to purchase, purchases,
12delivers for shipment, ships, exports, imports, causes to be
13shipped, exported, or imported, delivers for transportation,
14transports or causes to be transported, carries or causes to be
15carried, or receives for shipment, transportation, carriage,
16or export any aquatic life, in part or in whole of any of the
17species protected by this Code, contrary to the provisions of
18the Code, and that aquatic life, in whole or in part, is valued
19at or in excess of a total of $300, as per species value
20specified in subsection (c) of this Section, commits a Class 3
21felony.
22    A person is guilty of a Class 4 felony if convicted under
23this Section for more than one violation within a 90-day period
24if the aquatic life involved in each violation are not valued
25at or in excess of $300 but the total value of the aquatic life

 

 

09800SB0902sam001- 57 -LRB098 05139 MGM 57058 a

1involved with the multiple violations is at or in excess of
2$300. The prosecution for a Class 4 felony for these multiple
3violations must be alleged in a single charge or indictment and
4brought in a single prosecution.
5    Any person who violates this subsection (a) when the total
6value of species is less than $300 commits a Class A
7misdemeanor except as otherwise provided.
8    (b) Possession of aquatic life, in whole or in part,
9captured or killed in violation of this Code, valued at or in
10excess of $600, as per species value specified in subsection
11(c) of this Section, shall be considered prima facie evidence
12of possession for profit or commercial purposes.
13    (c) For purposes of this Section, the fair market value or
14replacement cost, whichever is greater, must be used to
15determine the value of the species protected by this Code, but
16in no case shall the minimum value of all aquatic life and
17their hybrids protected by this Code, whether dressed or not
18dressed, be less than the following:
19        (1) For each muskellunge, northern pike, walleye,
20    striped bass, sauger, largemouth bass, smallmouth bass,
21    spotted bass, trout (all species), salmon (all species
22    other than chinook caught from August 1 through December
23    31), and sturgeon (other than pallid or lake sturgeon) of a
24    weight, dressed or not dressed, of one pound or more, $4
25    for each pound or fraction of a pound. For each individual
26    fish with a dressed or not dressed weight of less than one

 

 

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1    pound, $4. For parts of fish processed past the dressed
2    state, $8 per pound.
3        (2) For each warmouth, rock bass, white bass, yellow
4    bass, sunfish (all species except largemouth, smallmouth,
5    and spotted bass), bluegill, crappie, bullheads,
6    pickerels, yellow perch, catfish (all species), and
7    mussels of a weight, dressed or not dressed, of one pound
8    or more, $4 for each pound or fraction of a pound of
9    aquatic life. For each individual aquatic life with a
10    dressed or not dressed weight of less than one pound, $4.
11    For aquatic life parts processed past the dressed state, $8
12    per pound.
13        (3) (Blank). For processed turtle parts, $6 for each
14    pound or fraction of a pound. For each non-processed
15    turtle, $8 per turtle.
16        (4) (Blank). For frogs, toads, salamanders, lizards,
17    and snakes, $8 per animal in whole or in part.
18        (5) For goldeye, mooneye, carp, carpsuckers (all
19    species), suckers (all species), redhorse (all species),
20    buffalo (all species), freshwater drum, skipjack, shad
21    (all species), alewife, smelt, gar, bowfin, chinook salmon
22    caught from August 1 through December 31, and all other
23    aquatic life protected by this Code, not listed in
24    paragraphs (1), (2), or (5) (3), or (4) of subsection (c)
25    of this Section, $1 per pound, in part or in whole.
26        (6) For each species listed on the federal or State

 

 

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1    endangered and threatened species list, and for lake and
2    pallid sturgeon, $150 per animal in whole or in part.
3(Source: P.A. 95-147, eff. 8-14-07.)
 
4    (515 ILCS 5/10-30)  (from Ch. 56, par. 10-30)
5    Sec. 10-30. Bullfrog; open season. Bullfrog open season is
6found in Section 5-30 of the Herptiles-Herps Act. All
7individuals taking bullfrogs shall possess a valid sport
8fishing license and may take bullfrogs only during the
9following open season of June 15 through August 31, both
10inclusive.
11(Source: P.A. 87-833.)
 
12    (515 ILCS 5/10-35)  (from Ch. 56, par. 10-35)
13    Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is
14found in Section 5-30 of the Herptiles-Herps Act. The daily
15limit for all properly licensed individuals is 8 bullfrogs. The
16possession limit total is 16 bullfrogs.
17(Source: P.A. 87-833.)
 
18    (515 ILCS 5/10-60)  (from Ch. 56, par. 10-60)
19    Sec. 10-60. Taking of turtles or bullfrogs; illegal
20devices. Taking of turtles or bullfrogs is found in Section
215-30 of the Herptiles-Herps Act. No person shall take turtles
22or bullfrogs by commercial fishing devices, including hoop
23nets, traps, or seines, or by the use of firearms, airguns, or

 

 

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1gas guns.
2(Source: P.A. 87-833.)
 
3    (515 ILCS 5/10-65)  (from Ch. 56, par. 10-65)
4    Sec. 10-65. Taking of snakes. Taking of snakes is found in
5Section 5-25 of the Herptiles-Herps Act. Unless otherwise
6provided in this Code, snakes may be taken by the owners or
7bonafide tenants of lands actually residing on the lands and
8their children, parents, brothers, and sisters actually
9permanently residing with them.
10(Source: P.A. 87-833.)
 
11    (515 ILCS 5/10-115)  (from Ch. 56, par. 10-115)
12    Sec. 10-115. Taking of turtles. Taking of turtles is found
13in Section 5-30 of the Herptiles-Herps Act. Turtles may be
14taken only by hand or means of hook and line. The provisions of
15this Section are subject to modification by administrative
16rule.
17(Source: P.A. 87-833.)
 
18    Section 900-10. The Illinois Endangered Species Protection
19Act is amended by changing Sections 4 and 5 as follows:
 
20    (520 ILCS 10/4)  (from Ch. 8, par. 334)
21    Sec. 4. Upon receipt of proper application and approval of
22the same, the Department may issue to any qualified person a

 

 

09800SB0902sam001- 61 -LRB098 05139 MGM 57058 a

1permit which allows the taking, possession, transport,
2purchase, or disposal of specimens or products of an endangered
3or threatened species of animal or federal endangered plant
4after the effective date of this Act for justified purposes,
5that will enhance the survival of the affected species by
6zoological, botanical or educational or for scientific
7purposes only. Section 5-20 of the Herptiles-Herps Act has
8provisions for permits to acquire, breed, and sell captive,
9legally obtained endangered and threatened amphibians and
10reptiles. Rules for the issuance and maintenance of permits
11shall be promulgated by the Department after consultation with
12and written approval of the Board. The Department shall, upon
13notice and hearing, revoke the permit of any holder thereof
14upon finding that the person is not complying with the terms of
15the permit, the person is knowingly providing incorrect or
16inadequate information, the activity covered by the permit is
17placing the species in undue jeopardy, or for other cause.
18(Source: P.A. 84-1065.)
 
19    (520 ILCS 10/5)  (from Ch. 8, par. 335)
20    Sec. 5. (a) Upon receipt of proper application and approval
21of same, the Department may issue a limited permit authorizing
22the possession, purchase or disposition of animals or animal
23products of an endangered or threatened species, or federal
24endangered plants to any person which had in its possession
25prior to the effective date of this Act such an item or which

 

 

09800SB0902sam001- 62 -LRB098 05139 MGM 57058 a

1obtained such an item legally out-of-state. Such permit shall
2specifically name and describe each pertinent item possessed by
3the permit holder and shall be valid only for possession,
4purchase or disposition of the items so named. The Department
5may require proof that acquisition of such items was made
6before the effective date of this Act. The Department may also
7issue a limited permit authorizing the possession, purchase or
8disposition of live animals or such item to any person to whom
9a holder of a valid permit issued pursuant to this section
10gives, sells, or otherwise transfers the item named in the
11permit. Section 5-20 of the Herptiles-Herps Act has provisions
12for permits to acquire, breed, and sell captive, legally
13obtained endangered and threatened amphibians and reptiles.
14Limited permits issued pursuant to this section shall be valid
15only as long as the item remains in the possession of the
16person to whom the permit was issued.
17    (b) The limited permit shall be revoked by the Department
18if it finds that the holder has received it on the basis of
19false information, is not complying with its terms, or for
20other cause.
21(Source: P.A. 84-1065.)
 
22    Section 900-15. The Criminal Code of 2012 is amended by
23changing Section 48-10 as follows:
 
24    (720 ILCS 5/48-10)

 

 

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1    Sec. 48-10. Dangerous animals.
2    (a) Definitions. As used in this Section, unless the
3context otherwise requires:
4        "Dangerous animal" means a lion, tiger, leopard,
5    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
6    bobcat, jaguarundi, bear, hyena, wolf or coyote, or any
7    poisonous or life-threatening reptile. Dangerous animal
8    does not mean any herptiles included in the Herptiles-Herps
9    Act.
10        "Owner" means any person who (1) has a right of
11    property in a dangerous animal or primate, (2) keeps or
12    harbors a dangerous animal or primate, (3) has a dangerous
13    animal or primate in his or her care, or (4) acts as
14    custodian of a dangerous animal or primate.
15        "Person" means any individual, firm, association,
16    partnership, corporation, or other legal entity, any
17    public or private institution, the State, or any municipal
18    corporation or political subdivision of the State.
19        "Primate" means a nonhuman member of the order primate,
20    including but not limited to chimpanzee, gorilla,
21    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
22    and tarsier.
23    (b) Dangerous animal or primate offense. No person shall
24have a right of property in, keep, harbor, care for, act as
25custodian of or maintain in his or her possession any dangerous
26animal or primate except at a properly maintained zoological

 

 

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1park, federally licensed exhibit, circus, college or
2university, scientific institution, research laboratory,
3veterinary hospital, hound running area, or animal refuge in an
4escape-proof enclosure.
5    (c) Exemptions.
6        (1) This Section does not prohibit a person who had
7    lawful possession of a primate before January 1, 2011, from
8    continuing to possess that primate if the person registers
9    the animal by providing written notification to the local
10    animal control administrator on or before April 1, 2011.
11    The notification shall include:
12            (A) the person's name, address, and telephone
13        number; and
14            (B) the type of primate, the age, a photograph, a
15        description of any tattoo, microchip, or other
16        identifying information, and a list of current
17        inoculations.
18        (2) This Section does not prohibit a person who is
19    permanently disabled with a severe mobility impairment
20    from possessing a single capuchin monkey to assist the
21    person in performing daily tasks if:
22            (A) the capuchin monkey was obtained from and
23        trained at a licensed nonprofit organization described
24        in Section 501(c)(3) of the Internal Revenue Code of
25        1986, the nonprofit tax status of which was obtained on
26        the basis of a mission to improve the quality of life

 

 

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1        of severely mobility-impaired individuals; and
2            (B) the person complies with the notification
3        requirements as described in paragraph (1) of this
4        subsection (c).
5    (d) A person who registers a primate shall notify the local
6animal control administrator within 30 days of a change of
7address. If the person moves to another locality within the
8State, the person shall register the primate with the new local
9animal control administrator within 30 days of moving by
10providing written notification as provided in paragraph (1) of
11subsection (c) and shall include proof of the prior
12registration.
13    (e) A person who registers a primate shall notify the local
14animal control administrator immediately if the primate dies,
15escapes, or bites, scratches, or injures a person.
16    (f) It is no defense to a violation of subsection (b) that
17the person violating subsection (b) has attempted to
18domesticate the dangerous animal. If there appears to be
19imminent danger to the public, any dangerous animal found not
20in compliance with the provisions of this Section shall be
21subject to seizure and may immediately be placed in an approved
22facility. Upon the conviction of a person for a violation of
23subsection (b), the animal with regard to which the conviction
24was obtained shall be confiscated and placed in an approved
25facility, with the owner responsible for all costs connected
26with the seizure and confiscation of the animal. Approved

 

 

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1facilities include, but are not limited to, a zoological park,
2federally licensed exhibit, humane society, veterinary
3hospital or animal refuge.
4    (g) Sentence. Any person violating this Section is guilty
5of a Class C misdemeanor. Any corporation or partnership, any
6officer, director, manager or managerial agent of the
7partnership or corporation who violates this Section or causes
8the partnership or corporation to violate this Section is
9guilty of a Class C misdemeanor. Each day of violation
10constitutes a separate offense.
11(Source: P.A. 97-1108, eff. 1-1-13.)".