SB1247sam001 102ND GENERAL ASSEMBLY

Sen. Linda Holmes

Filed: 4/15/2021

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1247

2    AMENDMENT NO. ______. Amend Senate Bill 1247 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Herptiles-Herps Act is amended by changing
5Sections 1-5, 1-15, 5-5, 5-10, 5-15, 5-20, 5-30, 5-35, 10-40,
615-5, 20-30, 25-5, 25-30, 30-10, 35-5, 40-5, 40-10, 45-5,
750-5, 50-10, 55-5, 55-10, 60-5, 65-5, 70-5, 80-5, 90-5, 95-5,
895-10, 100-5, 100-10, 100-15, 105-10, 105-30, 105-35, 105-40,
9105-55, 105-60, 105-65, 105-75, 105-80, 105-90, 105-95, and
10110-5 and by adding Sections 55-15 and 90-10 and Article 87 as
11follows:
 
12    (510 ILCS 68/1-5)
13    Sec. 1-5. Purpose. The purpose of this Act is to regulate
14the protection, control, possession, and propagation of
15herptiles in this State. For purposes of this Act, reptiles
16and amphibians shall be exempt from the definition of "aquatic

 

 

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1life" under Section 1-20 of the Fish and Aquatic Life Code. All
2rules and enforcement actions under the Illinois Conservation
3Law and the dangerous animals provisions in Section 48-10 of
4the Criminal Code of 2012 related to reptiles and amphibians
5shall be covered exclusively by this Act.
6(Source: P.A. 98-752, eff. 1-1-15.)
 
7    (510 ILCS 68/1-15)
8    Sec. 1-15. Definitions. For the purposes of this Act,
9unless the context clearly requires otherwise, the following
10terms are defined as:
11    "Administrative rule" means a regulatory measure issued by
12the Director under this Act.
13    "Authorized law enforcement officer" means all sworn
14members of the Law Enforcement Division of the Department and
15those persons specifically granted law enforcement
16authorization by the Director.
17    "Bona fide scientific or educational institution" means
18confirming educational or scientific tax-exemption, from the
19federal Internal Revenue Service or the applicant's national,
20state, or local tax authority, or a statement of accreditation
21or recognition as an educational institution.
22    "Contraband" means all herptiles reptile or amphibian life
23or any part of a herptile reptile or amphibian life taken,
24bought, sold or bartered, shipped, or held in possession or
25any conveyance, vehicle, watercraft, or other means of

 

 

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1transportation whatsoever, except sealed railroad cars or
2other sealed common carriers, used to transport or ship any
3herptile reptile or amphibian life or any part of a herptile
4reptile or amphibian life taken, contrary to this Act,
5including administrative rules, or used to transport, contrary
6to this Act, including administrative rules, any of the
7specified species when taken illegally.
8    "Culling" means picking out from others and removing
9rejected members because of inferior quality.
10    "Department" means the Illinois Department of Natural
11Resources.
12    "Director" means the Director of the Illinois Department
13of Natural Resources.
14    "Educational program" means a program of organized
15instruction or study for providing education intended to meet
16a public need.
17    "Endangered or threatened species" means any reptile or
18amphibian species listed as endangered or threatened to the
19species level on either the Illinois List of Endangered and
20Threatened Fauna or the federal U.S. Fish and Wildlife Service
21List of Threatened and Endangered Species.
22    "Herpetoculture" means the breeding, hatching,
23propagation, or raising of indigenous or native herptiles in
24captivity.
25    "Herptile" means collectively any amphibian or reptile
26taxon and includes any species, hybrid, or intergrade thereof

 

 

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1, whether indigenous to this State or not.
2    "Hybrid" means the offspring of 2 herptiles of different
3breeds, varieties, species, or genera.
4    "Indigenous or native taxa" means those amphibians and
5reptiles to the subspecies level that can be found naturally
6in this State.
7    "Individual" means a natural person.
8    "Intergrade" means the offspring of 2 herptiles of
9different subspecies.
10    "Medically significant" means a venomous or poisonous
11species whose venom or toxin can cause death or serious
12illness or injury in humans that may require emergency room
13care or the immediate care of a physician. These species are
14categorized as being "medically significant" or "medically
15important".
16    "Morphological variation" means the form and structure of
17a herptile or any part of a herptile. "Morphological
18variation" includes the outward appearance, structure, shape,
19color, pattern, and size of a herptile.
20    "Owner" means an individual who has a legal right to the
21possession of a herptile.
22    "Person" means any individual, partnership, corporation,
23organization, trade or professional association, firm, limited
24liability company, joint venture, or group.
25    "Possession limit" means the maximum number or amount of
26herptiles that can be lawfully held or possessed by one person

 

 

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1at any time.
2    "Possessor" means any person who possesses, keeps,
3harbors, brings into the State, cares for, acts as a custodian
4for, has in his or her custody or control, or holds a property
5right to a herptile.
6    "Propagation" means the act or process of maintaining any
7herptile in its natural environment or in a controlled
8environment that intentionally or unintentionally results in
9the production of eggs or offspring from the parent stock.
10"Propagation" includes the attempt to produce eggs or
11offspring from the parent stock.
12    "Reptile show" means any event open to the public, for a
13fee or without a fee, that is not a licensed pet store, where
14herptiles or herptiles together with other animals are
15exhibited, displayed, sold, bought, traded, or otherwise made
16available for public display.
17    "Resident" means a person who in good faith makes
18application for any license or permit and verifies by
19statement that he or she has maintained his or her permanent
20abode in this State for a period of at least 30 consecutive
21days immediately preceding the person's application, and who
22does not maintain permanent abode or claim residency in
23another state for the purposes of obtaining any of the same or
24similar licenses or permits under this Act. A person's
25permanent abode is his or her fixed and permanent dwelling
26place, as distinguished from a temporary or transient place of

 

 

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1residence. Domiciliary intent is required to establish that
2the person is maintaining his or her permanent abode in this
3State. Evidence of domiciliary intent includes, but is not
4limited to, the location where the person votes, pays personal
5income tax, or obtains a drivers license. Any person on active
6duty in the Armed Forces shall be considered a resident of
7Illinois during his or her period of military duty.
8    "Special use herptile" means any taxon of amphibian or
9reptile set forth in administrative rule for which a Herptile
10Special 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
16any description; by automobile, motorcycle, or other vehicle
17of any kind; by water or aircraft of any kind; or by any other
18means of 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;
7and (6) does not breed animals in its possession.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/5-5)
10    Sec. 5-5. Possession limits.
11    (a) The possession limit for herptiles indigenous
12amphibian and reptile taxa (excluding common snapping turtles
13and bullfrogs) is 8 total collectively with no more than 4
14total per species. The possession of one or more parts of the
15body of the same individual herptile shall equal one
16individual herptile of a species. In no case shall a person
17possess more than 8 indigenous amphibian or reptiles in total.
18Young of gravid wild-collected amphibians and reptiles shall
19be returned to the site of adult capture after birth. The
20possession limit for common snapping turtles and bullfrogs
21shall be set by administrative rule.
22    (b) Only residents may possess herptiles collected from
23the wild within this State under a valid sport fishing
24license; non-residents may not possess herptiles collected
25from the wild within this State except for scientific purposes

 

 

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1after first obtaining, with a Herptile Scientific Collection
2permit.
3    (c) All herptile species (other than bullfrogs and common
4snapping turtles) shall may be captured by hand only, unless
5otherwise authorized by this Act or administrative rule. This
6shall not restrict the use of legally taken herptiles as bait
7by anglers only, unless otherwise authorized by this Act or
8administrative rule. Any captured herptiles that are not to be
9retained in the possession of the captor shall be immediately
10released at the site of capture, unless taken with a lethal
11method such as bow and arrow, gig, spear, or pitchfork which
12does not permit release without harm. All common snapping
13turtles and bullfrogs taken from the wild for personal
14consumption must be kept and counted in the daily catch creel
15or bag. No culling of species taken from the wild of these 2
16species for personal consumption is permitted.
17    (d) The trier of fact may infer that a person is collecting
18from the wild within this State if he or she possesses
19indigenous reptiles or amphibians, in whole or in part, if no
20documentation exists stating that the animals were legally
21collected from the wild outside of this State.
22    (e) A resident of this State in possession of more than the
23allowed possession limit set forth in subsection (a) must
24obtain Residents may possess a total of 8 native herp
25specimens collectively, with no more than 4 per species,
26without obtaining and have in his or her possession possessing

 

 

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1either a Herptile Scientific Collection permit or
2Herpetoculture permit from the Department, regardless of the
3origin of the species. Unless exempt under the provisions of
4Section 20 of the Fish and Aquatic Life Code, a A sport fishing
5license is required for residents to legally collect any
6native herptile herp taxon on private land, with the
7landowner's permission. Collecting herptiles on public lands
8shall require the agency that manages the land to authorize
9the collecting of herptiles on the public land under its
10control additional permits.
11    (f) Any resident wishing to possess more than his or her
12allowed possession limit shall first apply to the Department
13for a Herptile Scientific Collection permit or Herpetoculture
14permit to do so. Issuance, modification, or denial of any and
15all of these permits shall be at the sole discretion of the
16Department. Procedures for the issuance, modification, or
17denial of permits shall be set forth by administrative rule.
18    (g) (Blank). Due to the similarity of appearance (S/A) of
19certain intergrade or hybrid specimens, the Department retains
20the authority to enforce any and all provisions under this
21Act. Specimens determined by the Department, or its agents, to
22fit into this S/A category shall receive all benefits of this
23Act, as well as the Illinois Endangered Species Protection Act
24if applicable, and shall be included in an individual's
25overall possession limit.
26(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/5-10)
2    Sec. 5-10. Commercialization; herpetoculture.
3    (a) It is unlawful to take, possess, buy, sell, offer to
4buy or sell or barter any herptile reptile, amphibian, or
5their eggs, any resulting offspring, or parts taken from the
6wild in this State for commercial purposes unless otherwise
7authorized by law.
8    (b) The trier of fact may infer that a person is collecting
9from the wild within this State for commercial purposes if he
10or she possesses indigenous herptiles reptiles or amphibians,
11in whole or in part, for which no documentation exists stating
12that the animals were legally collected from the wild outside
13this State.
14    (c) (Blank). Due to the similarity of appearance (S/A) of
15certain intergrade or hybrid specimens, the Department retains
16the authority to enforce any and all provisions under this
17Act. Specimens determined by the Department, or its agents, to
18fit into this S/A category shall receive all benefits of this
19Act, as well as the Illinois Endangered Species Protection Act
20if applicable, and shall be included in an individual's
21overall possession limit.
22    (d) A valid, Department-issued Herpetoculture permit shall
23apply only to indigenous herptile herp taxa. A Herpetoculture
24permit shall not be required in order to commercialize
25non-indigenous herptile herp taxa except as otherwise

 

 

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1prohibited or regulated under this Act or federal law.
2    (e) Indigenous herptile herp taxa collected from the wild
3in this State may not be bred unless otherwise authorized by
4the Department for research or recovery purposes unless
5otherwise authorized by this Act or administrative rule.
6(Source: P.A. 98-752, eff. 1-1-15.)
 
7    (510 ILCS 68/5-15)
8    Sec. 5-15. Protection of habitat. Habitat features that
9are disturbed in the course of searching for herptiles
10reptiles and amphibians shall be returned to as near its
11original position and condition as possible, for example
12overturned stones and logs shall be restored to their original
13locations.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/5-20)
16    Sec. 5-20. Propagation of Taking of endangered or
17threatened species.
18    (a) No person shall take or possess for the purpose of
19propagation any of the herptiles listed in the Illinois
20Endangered Species Protection Act, the federal Endangered
21Species Act of 1973, or subsequent administrative rules unless
22authorized by a Herptile Endangered and Threatened Species
23Propagation permit issued by the Department. For the purpose
24of propagation only, a Herptile Endangered and Threatened

 

 

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1Species Propagation permit shall allow a resident of this
2State to possess, propagate, or sell legally obtained
3endangered and threatened herptiles. The Department shall
4adopt rules relating to the acquisition, possession, and
5propagation of legally obtained endangered and threatened
6herptiles. The Department shall determine, by rule, the
7application, fees, duration, and other requirements necessary
8for the issuance or suspension or revocation of a Herptile
9Endangered and Threatened Species Propagation permit. All fees
10collected from the issuance of a Herptile Endangered and
11Threatened Species Propagation permit shall be deposited into
12the Wildlife Preservation Fund. , except as provided by that
13Act.
14    (b) Any person issued a Herptile Endangered and Threatened
15Species Propagation permit by the Department who is in
16possession of a -permitted threatened or endangered (T/E)
17herptile species shall be exempt from an individual's overall
18possession limit under the permitting system set forth in this
19Act. However, the holder of a Herptile Endangered and
20Threatened Species Propagation permit is not exempt from the
21species limitations set forth in the administrative rules
22regarding the Herptile Endangered and Threatened Species
23Propagation permit. However, any and all T/E specimens shall
24be officially recorded with the Department's Endangered
25Species Conservation Program. Any species occurring on the
26federal T/E list also requires a Department permit for

 

 

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

 

 

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1the annual report by the due date shall result in a permit
2violation.
3    (g) (Blank). An annual fee for herptile T/E species
4permits, per permittee, shall be set by administrative rule.
5All fees for herptile T/E species permits shall be deposited
6into the Wildlife Preservation Fund.
7    (h) (Blank). Procedures for acquisition, breeding, and
8sales of T/E herptile species shall be set forth in
9administrative rule.
10    (i) (Blank). Record keeping requirements for T/E herptile
11species shall be set forth in administrative rule.
12(Source: P.A. 98-752, eff. 1-1-15.)
 
13    (510 ILCS 68/5-30)
14    Sec. 5-30. Taking of turtles or bullfrogs; illegal
15devices.
16    (a) No person shall take turtles or bullfrogs by
17commercial fishing devices, including dip nets, hoop nets,
18traps, or seines, or by the use of firearms, airguns, or gas
19guns. Turtles or bullfrogs may be taken only by methods set
20forth in administrative rule hand or means of hook and line.
21    (b) Bullfrog; common snapping turtle; open season.
22        (1) All persons individuals taking bullfrogs shall
23    possess a valid sport fishing license issued under Article
24    20 of the Fish and Aquatic Life Code and may take bullfrogs
25    only during the open season to be specified by

 

 

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1    administrative rule. Bullfrogs may only be taken by hook
2    and line, gig, pitchfork, spear, bow and arrow, hand, or
3    landing net.
4        (2) The daily catch limit and total possession limit
5    for all properly licensed persons shall be specified by
6    administrative rule.
7        (3) All persons taking common snapping turtles shall
8    possess a valid sport fishing license issued under Article
9    20 of the Fish and Aquatic Life Code and may take common
10    snapping turtles only during the open season to be
11    specified by administrative rule. Common snapping turtles
12    (Chelydra serpentina) may be taken only by methods set
13    forth in administrative rule hand, hook and line, or bow
14    and arrow, except in the counties listed in administrative
15    rule Section 5-35 where bowfishing for common snapping
16    turtles is not allowed.
17        (4) The daily catch limit and total possession limit
18    for all properly licensed persons shall be specified by
19    administrative rule.
20    (c) (Blank). The alligator snapping turtle (Macrochelys
21temminckii) is protected and may not be taken by any method
22including, but not limited to, any sport fishing method.
23(Source: P.A. 98-752, eff. 1-1-15.)
 
24    (510 ILCS 68/5-35)
25    Sec. 5-35. Areas closed to the taking of reptiles and

 

 

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1amphibians.
2    (a) Unless otherwise allowed under the provisions of this
3Act by law or administrative rule, the taking of herptiles
4reptiles and amphibians at any time and by any method is
5prohibited in the following areas:
6    The LaRue-Pine Hills or Otter Pond Research Natural Area
7    in Union County. The closed area shall include the
8    Research Natural Area as designated by the U.S. Forest
9    Service and the right-of-way of Forest Road 345 with
10    Forest Road 236 to the intersection of Forest Road 345
11    with the Missouri Pacific railroad tracks. Unless
12    otherwise authorized, possession of any collecting
13    equipment is prohibited within the closed area.
14    (b) For the protection and preservation of any herptile
15taxa, the Department may close any area to prevent the taking,
16collecting, or killing of herptiles. The Department may close
17an area for purposes that include the biological significance
18or importance of a species or location or for the prevention,
19containment, or treatment of disease. The Department shall
20adopt procedures for the closure of an area by administrative
21rule. In the following counties bowfishing for common snapping
22turtles is not permitted: Randolph, Perry, Franklin, Hamilton,
23White, Gallatin, Saline, Williamson, Jackson, Union, Johnson,
24Pope, Hardin, Massac, Pulaski, and Alexander, or in any
25additional counties added through administrative rule.
26    (c) (Blank). Collection of wild turtles for races or other

 

 

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1types of events involving congregating and gathering numbers
2of wild turtles is prohibited in counties where ranavirus has
3been documented. Inclusion on the county list shall be
4determined by rule.
5(Source: P.A. 98-752, eff. 1-1-15.)
 
6    (510 ILCS 68/10-40)
7    Sec. 10-40. Additional regulations. Venomous reptiles
8shall not be bred, sold, or offered for sale within this State.
9The Department may approve limited transfers among existing
10permittees as set forth in administrative rule at the sole
11discretion of the Department.
12    As determined by the Department, non-residents may apply
13for a permit not to exceed 15 consecutive days to use venomous
14reptiles in bona fide educational programs. The fee for the
15permit shall be set by administrative rule, and all fees shall
16be deposited into the Wildlife Preservation and Fish Fund.
17(Source: P.A. 98-752, eff. 1-1-15.)
 
18    (510 ILCS 68/15-5)
19    Sec. 15-5. Boas, pythons, and anacondas. Unless contrary
20to any other law or rule, nothing Nothing shall prohibit
21lawfully acquired possession of any of the Boidae family, such
22as boas, pythons, and anacondas, provided captive maintenance
23requirements from the Department as set forth in this Act are
24met. All boas, pythons, and anacondas referenced in this Act

 

 

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1are exempt from the permit process, associated annual fee, and
2liability insurance coverage.
3(Source: P.A. 98-752, eff. 1-1-15.)
 
4    (510 ILCS 68/20-30)
5    Sec. 20-30. Additional regulations. Crocodilians shall not
6be bred, sold, or offered for sale within this State. However,
7the Department may approve, by rule, limited transfers among
8existing permittees.
9    As determined by the Department through administrative
10rule, non-residents may apply for a permit not to exceed 15
11consecutive days to use crocodilians in bona fide educational
12programs. The fee for this permit shall be set by
13administrative rule, and all fees shall be deposited into the
14Wildlife Preservation and Fish Fund.
15(Source: P.A. 98-752, eff. 1-1-15.)
 
16    (510 ILCS 68/25-5)
17    Sec. 25-5. Monitor lizards. "Monitor lizards" means the
18following members of the Varanidae family, specifically
19crocodile monitors and as well as Komodo dragons.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/25-30)
22    Sec. 25-30. Additional regulations. Monitor lizards shall
23not be bred, sold, or offered for sale within this State.

 

 

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1However, the Department may approve, by rule, limited
2transfers among existing permittees.
3    As determined by the Department, non-residents may apply
4for a permit not to exceed 15 consecutive days to use monitor
5lizards in bona fide educational programs. The fee for the
6permit shall be set by administrative rule, and all fees shall
7be deposited into the Wildlife Preservation and Fish Fund.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/30-10)
10    Sec. 30-10. Turtle collection. Collection of wild turtles
11for races or other types of events involving congregating and
12gathering numbers of wild turtles is prohibited in counties
13where ranavirus has been documented. Inclusion on the county
14list shall be determined by administrative rule.
15(Source: P.A. 98-752, eff. 1-1-15.)
 
16    (510 ILCS 68/35-5)
17    Sec. 35-5. Amphibians. For the purposes of this Section,
18"amphibians" means those medically significant poisonous
19amphibians capable of causing bodily harm to humans or
20animals, including, but not limited to, cane or marine toads
21(Bufo marinus) and Colorado river toads (Bufo alvarius), or
22any other amphibian found to be medically significant and
23listed in administrative rule. Amphibians defined in this
24Section shall only be allowed for bona fide educational

 

 

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1purposes or research purposes by bona fide scientific or
2educational exempted institutions.
3    Poison dart frogs bred and raised in captivity shall be
4exempt from the permit process.
5(Source: P.A. 98-752, eff. 1-1-15.)
 
6    (510 ILCS 68/40-5)
7    Sec. 40-5. Permit issuance. Herptile Scientific Collection
8permits may be granted by the Department under administrative
9rule, in its sole discretion, to any properly accredited
10person at least 18 years of age, permitting the capture,
11marking, handling, banding, or collecting (including hide,
12skin, bones, teeth, claws, nests, eggs, or young), for
13strictly scientific purposes, of any of the herptiles not
14listed as endangered or threatened but now protected under
15this Act. A Herptile Scientific Collection permit may be
16granted under administrative rule to qualified individuals for
17purpose of salvaging dead, sick, or injured herptiles not
18listed as endangered or threatened but protected by this Act
19for permanent donation to bona fide public or state
20scientific, educational, or zoological institutions.
21Collecting herptiles on public lands shall require additional
22permits.
23(Source: P.A. 98-752, eff. 1-1-15.)
 
24    (510 ILCS 68/40-10)

 

 

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1    Sec. 40-10. Permit requirements. The criteria and
2standards for a Herptile Scientific Collection permit shall be
3provided by administrative rule. The Department shall set
4forth applicable rules covering qualifications and facilities
5needed to obtain a permit. Disposition of herptiles taken
6under the authority of this Article shall be specified by the
7Department. The holder of each permit shall make to the
8Department a report in writing upon forms furnished by the
9Department as provided by administrative rule. These reports
10shall be made (i) annually if the permit is granted for a
11period of one year or (ii) within 30 days after the expiration
12of the permit if the permit is granted for a period of less
13than one year. These reports shall include all information
14that is required by the Department considers necessary.
15(Source: P.A. 98-752, eff. 1-1-15.)
 
16    (510 ILCS 68/45-5)
17    Sec. 45-5. Permit application and fees. An applicant for a
18Herptile Scientific Collection permit must file an application
19with the Department on a form provided by the Department. The
20application must include all information and requirements as
21set by administrative rule. The application for these permits
22shall be reviewed by the Department to determine if a permit
23should be issued.
24    Unless addressed or exempted by administrative rule,
25annual permit renewal must be accompanied by non-refundable

 

 

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1fee as set by the Department. The annual fee for a Herptile
2Scientific Collection permit shall be set by administrative
3rule. The Department shall adopt, by administrative rule, any
4additional procedures for the renewal of a Herptile Scientific
5Collection permit. All fees shall be deposited into the Fish
6and Preservation Wildlife Fund.
7(Source: P.A. 98-752, eff. 1-1-15.)
 
8    (510 ILCS 68/50-5)
9    Sec. 50-5. Permit issuance. Any person or business who
10engages in herpetoculture, the the breeding, hatching,
11propagation, sale, or the offer for sale of any indigenous
12herptile, regardless of origin, shall procure a Herpetoculture
13permit from the Department. Herptiles for which a
14Herpetoculture permit is issued or that specified, which are
15bred, hatched, propagated, or legally obtained by a person or
16business holding a Herpetoculture permit as provided for in
17this Article, may be transported and sold or offered for sale
18within this State. Indigenous herptile herp taxa collected
19from the wild in this State shall not be bred unless otherwise
20authorized by this Act or administrative rule the Department
21for research or recovery purposes.
22(Source: P.A. 98-752, eff. 1-1-15.)
 
23    (510 ILCS 68/50-10)
24    Sec. 50-10. Permit requirements. Herpetoculture permit

 

 

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1holders shall maintain written records of all herptiles
2possessed, indigenous to this State bought, sold, hatched,
3propagated, sold, or shipped and that are indigenous to this
4State 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(Source: P.A. 98-752, eff. 1-1-15.)
 
18    (510 ILCS 68/55-5)
19    Sec. 55-5. Permit application and fees. An applicant for
20a 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
25permit will should be issued.

 

 

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1    An Unless addressed or exempted by administrative rule,
2annual permit renewal must be accompanied by a non-refundable
3fee as set by the Department. The annual fee for a residential
4Herpetoculture permit shall be set by administrative rule. The
5Department shall adopt, by administrative rule, any additional
6procedures for the renewal of a Herpetoculture permit. All
7fees shall be deposited into the Wildlife Preservation Fund
8and Fish Fund.
9    As determined by administrative rule the Department,
10non-residents may apply for a permit not to exceed 15
11consecutive days to commercialize herptiles indigenous to this
12State as outlined in this Article. The application,
13procedures, and The fee for the permit and permit renewal
14shall be set by administrative rule, and all fees shall be
15deposited into the Wildlife Preservation and Fish Fund.
16    The Department shall adopt, by administrative rule,
17additional procedures for the renewal of annual Herpetoculture
18permits.
19(Source: P.A. 98-752, eff. 1-1-15.)
 
20    (510 ILCS 68/55-10)
21    Sec. 55-10. Additional regulations. Nothing in Articles
2250 and 55 shall be construed to give permittees authority to
23breed, hatch, propagate, sell, offer for sale, or otherwise
24commercialize any herptile or parts thereof from herptiles
25indigenous to this State, either partially or in whole, that

 

 

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1originate from the wild in this State.
2    Any offspring resulting from the breeding of herptiles
3where one parent has been taken from the wild in this State and
4the other parent from non-Illinois stock or captive bred stock
5may not be legally sold or otherwise commercialized and shall
6be treated as indigenous or native Illinois herptile herp taxa
7subject to Article 5 of this Act.
8    Color or pattern variations (morphs) of any herptile
9indigenous to this State are not exempt from this Article.
10    Due to the similarity of appearance (S/A) of certain
11intergrade or hybrid specimens, the Department retains the
12authority to enforce any and all provisions under this Act.
13Specimens determined by the Department, or its agents, to fit
14into this S/A category shall receive all benefits of this Act,
15as well as the Illinois Endangered Species Protection Act if
16applicable.
17(Source: P.A. 98-752, eff. 1-1-15.)
 
18    (510 ILCS 68/55-15 new)
19    Sec. 55-15. Intergrade, hybrid, or morphological
20variation. The Department shall have the authority to enforce
21any and all provisions under this Act with respect to an
22intergrade, hybrid, or morphological variation of a species
23protected under this Act or administrative rule. Any
24intergrade or hybrid specimen of a species protected under
25this Act shall have the same protections that any herptile

 

 

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1parent of the intergrade or hybrid specimen has under this Act
2or administrative rule. The Department may adopt
3administrative rules for the regulation and administration of
4intergrade, hybrid, or morphological variations of herptiles.
5    Any offspring resulting from the breeding of herptiles in
6which one herptile parent has been taken from the wild in this
7State and the other parent is from non-Illinois stock or
8captive bred stock may not be legally sold or otherwise
9commercialized and shall be treated as indigenous or native
10Illinois herptile taxa subject to Article 5 of this Act.
11    Morphological variety relating to color or pattern
12variations that are different from the normal, wild-type
13coloration or pattern of any herptile indigenous to this State
14or listed as a threatened or endangered species in the
15Illinois Endangered Species Protection Act shall be treated as
16indigenous or native Illinois herptile taxa subject to this
17Act.
 
18    (510 ILCS 68/60-5)
19    Sec. 60-5. Permit requirements. Prior to any person
20obtaining a Herptile Special Use permit, the following
21criteria must be met:
22        (1) the person was in legal possession and is the
23    legal possessor of the herptile prior to the effective
24    date of this Act and the person applies for and is granted
25    a Personal Possession permit for each special use herptile

 

 

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1    in the person's possession within 30 days after the
2    enactment of this Act; or
3        (2) prior to acquiring a Herptile Special Use permit,
4    the person must provide the name, address, date of birth,
5    permit number, telephone number of the possessor, type or
6    species, and the date the herptile is to be acquired.
7    The applicant must comply with all requirements of this
8Act and the rules adopted by the Department to obtain a
9Herptile Special Use permit. Prior to the issuance of the
10Herptile Special Use permit, the applicant must provide proof
11of liability insurance or surety bond, either individually, or
12in the name of the entity engaged in giving the bona fide
13educational programs, in the amount of $100,000 for each
14special use herptile up to a maximum of $1,000,000 and the
15insurance or surety bond is to be maintained during the term of
16the permit for liability for any incident arising out of or
17relating to the special use herptile.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/65-5)
20    Sec. 65-5. Permit application and fees. An applicant for a
21Herptile Special Use permit must file an application with the
22Department on a form provided by the Department. The
23application must include all information and requirements as
24set forth by administrative rule.
25    The annual fee for a residential Herptile Special Use

 

 

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1permit shall be set by administrative rule on a per person
2basis. The Herptile Special Use permit shall not be based on
3the number of special use herptile kept by an owner or
4possessor. All fees shall be deposited into the Wildlife
5Preservation and Fish Fund.
6    The Department shall adopt, by administrative rule,
7procedures for the renewal of annual Herptile Special Use
8permits.
9    Any person possessing and in legal possession of a special
10use herptile as stipulated in this Article that no longer
11wishes to keep the herptile may be assisted by the Department,
12at no charge to them and without prosecution, to place the
13special use herptile in a new home, within 30 days after the
14effective date of this Act.
15    The Department may issue a Limited Entry permit to an
16applicant who: (i) is not a resident of this State; (ii)
17complies with the requirements of this Act and all rules
18adopted by the Department under the authority of this Act;
19(iii) provides proof to the Department that he or she shall,
20during the permit term, maintain sufficient liability
21insurance coverage; (iv) pays to the Department, along with
22each application for a Limited Entry permit, a non-refundable
23fee as set by administrative rule, which the Department shall
24deposit into the Wildlife Preservation and Fish Fund; and (v)
25uses the herptile for an activity authorized in the Limited
26Entry permit. A Limited Entry permit shall be valid for not

 

 

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1more than 15 30 consecutive days unless extended by the
2Department, however, no extension shall be longer than 15
3days. The application, review, and procedures to obtain or
4renew a Limited Entry permit shall be set by administrative
5rule.
6(Source: P.A. 98-752, eff. 1-1-15.)
 
7    (510 ILCS 68/70-5)
8    Sec. 70-5. Suspension of privileges and revocation of
9permits. A person who does not hold a Herptile Special Use
10permit or Limited Entry permit and who violates a provision of
11this Act or an administrative rule authorized under this Act
12shall have his or her privileges under this Act suspended for a
13period to be set by administrative rule. up to 5 years after
14the date that he or she is in violation of an initial offense,
15for up to 10 years after the date that he or she is in
16violation of a second offense, and for life for a third or
17subsequent offense. Department suspensions and revocations
18shall be addressed by administrative rule.
19    A person who holds a Herptile Special Use permit or
20Limited Entry permit and who violates the provisions of this
21Act shall have his or her permit revoked and permit privileges
22under this Act suspended for a period to be set by
23administrative rule. of up to 2 years after the date that he or
24she is found guilty of an initial offense, for up to 10 years
25after the date that he or she is found guilty of a second

 

 

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1offense, and for life for a third offense. Department
2suspensions and revocations shall be addressed by
3administrative rule.
4    A person whose privileges or permit to possess a special
5use herptile have been suspended or permit revoked may appeal
6that decision in accordance with the provisions set forth in
7administrative rule.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/80-5)
10    Sec. 80-5. Injury to a member of public by special use
11herptiles. A person who possesses a special use herptile
12without complying with the requirements of this Act and the
13rules adopted under the authority of this Act and whose
14special use herptile causes bodily harm to harms a person when
15the possessor knew or should have known that the herptile had a
16propensity, when provoked or unprovoked, to harm, cause injury
17to, or otherwise substantially endanger a member of the public
18is guilty of a Class A misdemeanor. A person who possesses a
19special use herptile without complying with the requirements
20of this Act and the rules adopted under the authority of this
21Act and whose special use herptile causes great bodily harm or
22death to a person when the possessor knew or should have known
23that the herptile had a propensity, when provoked or
24unprovoked, to harm, cause injury to, or otherwise
25substantially endanger a member of the public A person who

 

 

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1fails to comply with the provisions of this Act and the rules
2adopted under the authority of this Act and who intentionally
3or knowingly allows a special use herptile to cause great
4bodily harm to, or the death of, a human is guilty of a Class 4
5felony.
6(Source: P.A. 98-752, eff. 1-1-15; 99-642, eff. 7-28-16.)
 
7    (510 ILCS 68/Art. 87 heading new)
8
ARTICLE 87. HERPTILE DISEASES

 
9    (510 ILCS 68/87-5 new)
10    Sec. 87-5. Herptile diseases. The Department may
11investigate, in conjunction with a licensed veterinarian, the
12transmission or potential transmission of any disease in a
13natural or captive population of an amphibian or reptile
14species. The Department may promulgate administrative rules to
15identify specific herptile diseases, pathogens, or fungi, as
16well as treatment and caretaking requirements. Any herptile
17harboring a disease, pathogen, or fungus specified in
18administrative rule may be subject to confiscation and
19forfeiture. A licensed veterinarian shall notify the
20Department under administrative rule after the discovery of a
21herptile that is harboring a disease, pathogen, or fungus
22specified in administrative rule.
 
23    (510 ILCS 68/87-10 new)

 

 

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1    Sec. 87-10. Possession of a disease carrying herptile.
2    (a) Upon discovery that a herptile is harboring a disease,
3pathogen, or fungus specified in administrative rule, the
4owner or person in possession of the herptile shall notify the
5Department under administrative rule.
6    (b) An owner or person in possession of a herptile that he
7or she knows or reasonably should know is harboring a disease,
8pathogen, or fungus specified in administrative rule shall
9comply with all administrative rules regarding the treatment
10and caretaking requirements.
11    (c) A violation of this Section is a Class C misdemeanor.
 
12    (510 ILCS 68/90-5)
13    Sec. 90-5. Penalties.
14    (a) Unless otherwise stated in this Act, a violation of
15this Act is a Class A misdemeanor.
16    (b) A person who violates Article 85 of this Act is guilty
17of a Class A misdemeanor for a first offense and a Class 4
18felony for a second or subsequent offense occurring within one
19year after a finding of guilt on a first offense.
20    (c) A person who violates Article 75 of this Act is guilty
21of a Class B misdemeanor. A violation of the record keeping
22requirement for each individual special use herptile Each day
23of a violation constitutes a separate offense. Any other
24violation of this Act is a Class A misdemeanor unless
25otherwise stated.

 

 

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1    (d) Any person who takes, possesses, captures, kills, or
2disposes of any herptile protected under this Act in violation
3of this Act is guilty of a Class B misdemeanor unless otherwise
4stated in this Act.
5    (e) All fines and penalties collected under the authority
6of this Act or its administrative rules shall be deposited
7into the Wildlife Preservation and Fish Fund.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/90-10 new)
10    Sec. 90-10. Commercial purposes; offenses.
11    (a) Unless otherwise provided in this Act, any person who
12for profit or commercial purposes knowingly captures, kills,
13possesses, offers for sale, sells, offers to barter, barters,
14offers to purchase, purchases, delivers for shipment, ships,
15exports, imports, causes to be shipped, exported, or imported,
16delivers for transportation, transports, or causes to be
17transported, carries or causes to be carried, or receives for
18shipment, transportation, carriage, or export any herptile
19taxa, in whole or in part, protected under this Act and the
20financial value of that herptile, in whole or in part, is
21valued:
22        (1) at or in excess of a total of $300 as calculated
23    according to the applicable provisions under paragraphs
24    (1), (2), (3), and (4) of subsection (a) in Section 105-95
25    of this Act is guilty of a Class 3 felony; or

 

 

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1        (2) less than the total of $300 as calculated
2    according to the applicable provisions under paragraphs
3    (1), (2), (3), and (4) of subsection (a) in Section 105-95
4    of this Act is guilty of a Class A misdemeanor. A second or
5    subsequent violation is a Class 4 felony.
6    (b) The possession of any herptile, in whole or in part,
7captured or killed in violation of this Act that is valued at
8or in excess of $600 under the provisions in subsection (b) of
9Section 105-95 of this Act shall be considered prima facie
10evidence of possession for profit or commercial purposes.
 
11    (510 ILCS 68/95-5)
12    Sec. 95-5. Assumption of risk. Each person who owns,
13possesses, or keeps a herptile expressly assumes the risk of
14and legal responsibility for injury, loss, or damage to the
15person or the person's property that results from the
16ownership, possession, or keeping, of the herptile. Each
17owner, keeper, or possessor of a herptile shall be solely
18liable to manage, care for, and control a particular herptile
19species, and it shall be the duty of each owner, keeper, or
20possessor, to maintain reasonable control of the particular
21herptile at all times, and to refrain from acting in a manner
22that may cause or contribute to the injury of person, whether
23in public or on private property.
24(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/95-10)
2    Sec. 95-10. Civil liability and immunity. If any herptile
3escapes or is released, the owner and possessor of the
4herptile shall be strictly liable for all costs incurred in
5apprehending and confining the herptile, including any
6injuries incurred to humans or damage to property, both real
7and personal, including pets and livestock, and the owner
8shall indemnify any animal control officer, police officer, or
9Department employee acting in his or her official capacity to
10capture or control an escaped herptile.
11    The owner, keeper, or possessor of a herptile that escapes
12captivity or is released an escaped herptile shall be liable
13solely responsible for any and all damages and costs to any
14person or property liabilities arising out of or in connection
15with the escape or release of any herptile. Liability
16includes, but is not limited to, including liability for any
17damage, injury, or death caused by or to the herptile during or
18after the herptile's escape or release or as a result of the
19apprehension or confinement of the herptile after its escape
20or release. In addition, the owner, keeper, or possessor of an
21escaped herptile shall be solely responsible and shall
22indemnify for any and all costs, damages, or medical expenses
23incurred by an animal control officer, police officer, or
24Department employee acting in his or her official capacity to
25capture or control an escaped herptile.
26    A licensed veterinarian who may have cause to treat a

 

 

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1special use herptile that is in violation of this Act shall not
2be held liable, except for willful and wanton misconduct,
3under this Act provided that the veterinarian (i) promptly
4reports violations of this Act of which he or she has knowledge
5to a law enforcement agency within 24 hours after becoming
6aware of the incident; (ii) provides the name, address, and
7phone number of the person possessing the special use herptile
8at time of incident or treatment; (iii) provides the name and
9address of the owner of the special use herptile if known; (iv)
10identifies the kind and number of special use herptiles being
11treated; and (v) describes the reason for the treatment of the
12special use herptile.
13(Source: P.A. 98-752, eff. 1-1-15.)
 
14    (510 ILCS 68/100-5)
15    Sec. 100-5. Prima facie evidence; confiscation. The
16possession of any reptile or amphibian life or any herptile,
17special use herptile, or part of any herptile or special use
18herptile reptile or amphibian life protected under this Act is
19prima facie evidence that the herptile or special use herptile
20reptile or amphibian life or any part of reptile or amphibian
21life is subject to the provisions of this Act, including
22administrative rules.
23    Whenever the contents of any box, barrel, package, or
24receptacle consists partly of contraband and partly of a
25legally possessed or shipped herptile or special use herptile

 

 

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1legal reptile or amphibian life or any part of a legally
2possessed or shipped herptile or special use herptile reptile
3or amphibian life, the entire contents of the box, barrel, or
4package, or other receptacle are subject to confiscation.
5    Whenever a person has in his or her possession in excess of
6the number of herptiles or special use herptiles reptile or
7amphibian life or any parts of herptiles or special use
8herptiles reptile or amphibian life permitted under this Act,
9including administrative rules, the entire number of herptiles
10or special use herptiles reptile or amphibian life or any
11parts of herptiles or special use herptiles reptile or
12amphibian life in his or her possession is subject to
13confiscation, seizure, or forfeiture.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/100-10)
16    Sec. 100-10. Search and seizure. Whenever any authorized
17employee of the Department, sheriff, deputy sheriff, or other
18peace office of the State has reason to believe that any
19person, owner, possessor, commercial institution, pet store,
20or reptile show vendor or attendee possesses any herptile
21reptile or amphibian life or any part or parts of a herptile
22reptile or amphibian life contrary to the provisions of this
23Act, including administrative rules, he or she may file, or
24cause to be filed, a sworn complaint to that effect before the
25circuit court and procure and execute a search warrant. Upon

 

 

10200SB1247sam001- 38 -LRB102 05056 KMF 25302 a

1execution of the search warrant, the officer executing the
2search warrant shall make due return of the search warrant to
3the court issuing the search warrant, together with an
4inventory of all the herptiles reptile or amphibian life or
5any part or parts of a herptile reptile or amphibian life taken
6under the search warrant. The court shall then issue process
7against the party owning, controlling, or transporting the
8herptile reptile or amphibian life or any part of a herptile
9reptile or amphibian life seized, and upon its return shall
10proceed to determine whether or not the herptile reptile or
11amphibian life or any part or parts of a herptile were reptile
12or amphibian life was held, possessed, or transported in
13violation of this Act, including administrative rules. In case
14of a finding that a herptile the reptile or amphibian life was
15illegally held, possessed, transported, or sold, a judgment
16shall be entered against the owner or party found in
17possession of the herptile reptile or amphibian life or any
18part or parts of a herptile reptile or amphibian life for the
19costs of the proceeding and providing for the disposition of
20the property seized, as provided for by this Act.
21(Source: P.A. 98-752, eff. 1-1-15.)
 
22    (510 ILCS 68/100-15)
23    Sec. 100-15. Seizure and forfeiture. If any person is
24found to possess a special use herptile that is in violation of
25this Act, including any administrative rules, then the special

 

 

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1use herptile and any equipment or items used contrary to this
2Act shall be subject to seizure and forfeiture by the
3Department under Section 100-10. Any special use herptile
4seized in violation of this Act may immediately be placed in a
5facility approved by the Department.
6    If a person's special use herptile has been seized by the
7Department, then the owner and possessor of the special use
8herptile is liable for the reasonable costs associated with
9the seizure, placement, testing, and care for the special use
10herptile from the time of confiscation until the time the
11special use herptile is relocated to an approved facility or
12person holding a valid Herptile Special Use permit or is
13otherwise disposed of by the Department.
14    Any special use herptile and related items found abandoned
15shall become the property of the Department and disposed of
16according to Department rule.
17    The circuit court, in addition to any other penalty, may
18award any seized or confiscated special use herptiles or items
19to the Department as provided for in Section 1-215 of the Fish
20and Aquatic Life Code and Section 1.25 of the Wildlife Code.
21The circuit Further, the court, in addition to any other
22penalty, may assess a fee upon a person who pleads guilty to
23the provisions of this Act equal to the amount established or
24determined to maintain the special use herptile until it is
25permanently placed in a facility approved by the Department or
26otherwise disposed of.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/105-10)
3    Sec. 105-10. Conservation of herptiles reptiles and
4amphibians. The Department shall take all measures necessary
5for the conservation, distribution, introduction, and
6restoration of herptiles reptiles and amphibians. The
7Department shall also bring or cause to be brought actions and
8proceedings, in the name and by the authority of the People of
9the State of Illinois, to enforce this Act, including
10administrative rules, and to recover any and all fines and
11penalties provided for in this Act. Nothing in this Act shall
12be construed to authorize the Department to change any penalty
13prescribed by law or to change the amount of license fees or
14the authority conferred by licenses prescribed by law. The
15Department is authorized to cooperate with the appropriate
16Departments of the federal government and other Departments or
17agencies of State government and educational institutions in
18conducting surveys, experiments, or work of joint interest or
19benefit.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/105-30)
22    Sec. 105-30. Statute of limitations. All prosecutions
23under this Act shall be commenced within 3 years after the
24commission of the offense if it is a felony, or within one year

 

 

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1and 6 months after its commission if it is a misdemeanor 2
2years after the time the offense charged was committed.
3(Source: P.A. 98-752, eff. 1-1-15.)
 
4    (510 ILCS 68/105-35)
5    Sec. 105-35. Collection of fines. All fines provided for
6by this Act shall be collected and remitted to the
7Department's Wildlife Preservation and Fish Fund, within 30
8days after the collection of the fine, by the clerk of the
9circuit court collecting the fines who shall submit at the
10same time to the Department a statement of the names of the
11persons so fined and the name of the arresting officer, the
12offense committed, the amount of the fine, and the date of the
13conviction.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/105-40)
16    Sec. 105-40. Power of entry and examination; access to
17lands and waters. Authorized employees of the Department are
18empowered, under law, to enter all lands and waters to enforce
19the provisions of this Act. Authorized employees are further
20empowered to examine all buildings, private or public clubs
21(except dwellings), fish markets, cold storage houses, locker
22plants, reptile shows, pet stores, camps, vessels, cars
23(except sealed railroad cars or other sealed common carriers),
24conveyances, vehicles, watercraft, or any other means of

 

 

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1transportation or shipping, tents, bags, game bags
2pillowcases, coats, jackets, or other receptacles and to open
3any box, barrel, package, or other receptacle in the
4possession of a common carrier, that they have reason to
5believe contains a herptile reptile or amphibian life or any
6part of a herptile reptile or amphibian life taken, bought,
7sold or bartered, shipped, or had in possession contrary to
8this Act, including administrative rules, or that the
9receptacle containing the herptile reptile or amphibian is
10falsely labeled.
11    Authorized employees of the Department shall be given free
12access to and shall not be hindered or interfered with in
13making an entry and examination and any permit issued by the
14Department that is held by the person preventing such free
15access or interfering with or hindering such authorized
16employee shall be subject to confiscation by the Department.
17The Department shall not issue any permit to a person who
18prevented free access or interfered with or hindered an
19employee . Any permit or license held by a person preventing
20free access or interfering with or hindering an employee shall
21not be issued to that person for the period of one year after
22his or her action.
23    Employees of the Department, as specifically authorized by
24the Director, are empowered to enter all lands and waters for
25the purpose of herptile reptile or amphibian investigations,
26State and federal permit inspections, as well as herptile

 

 

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1reptile or amphibian censuses or inventories, and are further
2empowered to conduct examination of equipment and devices in
3the field, under law, to ensure compliance with this Act.
4(Source: P.A. 98-752, eff. 1-1-15.)
 
5    (510 ILCS 68/105-55)
6    Sec. 105-55. Illegal collecting devices; public nuisance.
7Every collecting device, including seines, nets, traps,
8pillowcases, bags, snake hooks or tongs, or any electrical
9device or any other devices including vehicles or conveyance,
10watercraft, or aircraft used or operated illegally or
11attempted to be used or operated illegally by any person in
12taking, transporting, holding, or conveying any herptile
13reptile or amphibian life or any part or parts of a herptile of
14reptile or amphibian life, contrary to this Act, including
15administrative rules, shall be deemed a public nuisance and
16therefore illegal and subject to seizure and confiscation by
17any authorized employee of the Department. Upon the seizure of
18this item, the Department shall take and hold the item until
19disposed of as provided in this Act.
20    Upon the seizure of any device because of its illegal use,
21the officer or authorized employee of the Department making
22the seizure shall, as soon as reasonably possible, cause a
23complaint to be filed before the circuit court and a summons to
24be issued requiring the owner or person in possession of the
25property to appear in court and show cause why the device

 

 

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

 

 

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1property has not been ascertained within 6 months after the
2Department obtains possession, the Department shall effectuate
3the sale of the property for cash to the highest bidder at a
4public auction. The owner or other person entitled to
5possession of the property may claim and recover possession of
6the property at any time before its sale at public auction upon
7providing reasonable and satisfactory proof of ownership or
8right of possession and reimbursing the Department for all
9reasonable expenses of custody.
10    Any property forfeited to the State by court order under
11this Section may be disposed of by public auction, except that
12any property that is the subject of a court order shall not be
13disposed of pending appeal of the order. The proceeds of the
14sales at auction shall be deposited in the Wildlife
15Preservation and Fish Fund.
16    The Department shall pay all costs of posting or
17publication of notices required by this Section.
18    Property seized or forfeited under this Section is subject
19to reporting under the Seizure and Forfeiture Reporting Act.
20(Source: P.A. 100-512, eff. 7-1-18.)
 
21    (510 ILCS 68/105-60)
22    Sec. 105-60. Violations; separate offenses. Each act of
23pursuing, taking, shipping, offered or received for shipping,
24offering or receiving for shipment, transporting, buying,
25selling or bartering, or having in one's possession any

 

 

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1protected herptile reptile or amphibian life or any part or
2parts of a herptile of reptile or amphibian life, seines,
3nets, bags, snake hooks or tongs, or other devices used or to
4be used in violation of this Act, including administrative
5rules, constitutes a separate offense.
6(Source: P.A. 98-752, eff. 1-1-15.)
 
7    (510 ILCS 68/105-65)
8    Sec. 105-65. Accessory to violation; accountability.
9    (a) Any person who aids in or contributes in any way to a
10violation of this Act, including administrative rules, is
11individually liable, as a separate offense under this Act, for
12the penalties imposed against the person who committed the
13violation.
14    (b) Accountability for any person who aids or contributes
15in any way to a misdemeanor or felony violation of this Act
16shall be determined according to the provisions under Section
175-2 of the Criminal Code of 2012.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/105-75)
20    Sec. 105-75. Wildlife Preservation and Fish Fund;
21disposition of money received. All fees, fines, income of
22whatever kind or nature derived from herptile reptile and
23amphibian activities regulated by this Act on lands, waters,
24or both under the jurisdiction or control of the Department

 

 

10200SB1247sam001- 47 -LRB102 05056 KMF 25302 a

1and all penalties collected under this Act shall be deposited
2into the State treasury and shall be set apart in a special
3fund known as the Wildlife Preservation and Fish Fund.
4(Source: P.A. 98-752, eff. 1-1-15.)
 
5    (510 ILCS 68/105-80)
6    Sec. 105-80. Ownership and title of wild indigenous
7reptiles and amphibians. The ownership of and title to all
8wild indigenous herptile reptile and amphibian life within the
9boundaries of the State are hereby declared to be in the State
10and no wild indigenous herptile reptile and amphibian life
11shall be taken or killed, in any manner or at any time, unless
12the person or persons taking or killing the wild indigenous
13reptile and amphibian life shall consent that the title to the
14wild indigenous herptile reptile and amphibian life shall be
15and remain in the State for the purpose of regulating the
16taking, killing, possession, use, sale, and transportation of
17wild indigenous herptile reptile and amphibian life after
18taking or killing, as set forth in this Act.
19(Source: P.A. 98-752, eff. 1-1-15.)
 
20    (510 ILCS 68/105-90)
21    Sec. 105-90. Taking on private property. It is unlawful
22for any person to take or attempt to take any species of
23reptile or amphibian, or parts thereof, within or upon the
24land of another, or upon waters flowing over or standing on the

 

 

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1land of another, without first obtaining permission from the
2owner or the owner's designee. For the purposes of this
3Section, the owner's designee means anyone who the owner
4designates in a written authorization and the authorization
5must contain (i) the legal or common description of property
6for which the authority is given, (ii) the extent that the
7owner's designee is authorized to make decisions regarding who
8is allowed to take or attempt to take any species of reptiles
9or amphibians, or parts thereof, and (iii) the owner's
10notarized signature. Before enforcing this Section, the law
11enforcement officer must have received notice from the owner
12or the owner's designee of a violation of this Section.
13Statements made to a law enforcement officer regarding this
14notice shall not be rendered inadmissible by the hearsay rule
15when offered for the purpose of showing the required notice.
16Any person who violates this Section shall be guilty of a Class
17B misdemeanor.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/105-95)
20    Sec. 105-95. Financial value of herptiles.
21    (a) For purposes of this Act, replacement cost shall be
22used to determine the financial value of the herptile species
23protected by this Act, but in no case shall the minimum value
24of any species protected under this Act be less than the
25following: For purposes of this Section, the financial value

 

 

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

 

 

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1    export any reptile or amphibian life, in part or in whole,
2    of any of the reptiles and amphibians protected by this
3    Act, and that reptile or amphibian life, in whole or in
4    part, is valued at or in excess of a total of $300 or fair
5    market value, whichever is greater, as per value specified
6    in paragraphs (1), (2), (3), and (4) of this subsection
7    commits a Class 3 felony.
8    (b) (Blank). The trier of fact may infer that a person
9"knowingly possesses" a reptile or amphibian, in whole or in
10part, captured or killed in violation of this Act, valued at or
11in excess of $600, as per value specified in paragraphs (1),
12(2), (3), and (4) of subsection (a) of this Section.
13(Source: P.A. 98-752, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
14    (510 ILCS 68/110-5)
15    Sec. 110-5. Exemptions. When acting in their official
16capacity, the following entities and their agents are exempt
17from Section 75-5 Articles 75 and 85-5 85 of this Act:
18        (1) public zoos or aquaria accredited by the
19    Association of Zoos and Aquariums or the Zoological
20    Association of America;
21        (2) licensed veterinarians or anyone operating under
22    the authority of a licensed veterinarian who is actively
23    treating a special use herptile that is being maintained
24    in the veterinarian facility in accordance with Sections
25    10-25, 20-15, and 25-15 of this Act in order to prevent the

 

 

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1    escape of the herptile and protect public health and
2    safety;
3        (3) (blank); wildlife sanctuaries;
4        (4) accredited research or medical institutions;
5        (5) licensed or accredited educational institutions;
6        (6) circuses licensed and in compliance with the
7    Animal Welfare Act and all rules adopted by the Department
8    of Agriculture;
9        (7) federal, State, and local law enforcement
10    officers, including animal control officers acting under
11    the authority of this Act;
12        (8) members of federal, State, or local agencies
13    approved by the Department; and
14        (9) (blank); any bona fide wildlife rehabilitation
15    facility licensed or otherwise authorized by the
16    Department; and
17        (10) any motion picture or television production
18    company that uses licensed dealers, exhibitors, and
19    transporters under the federal Animal Welfare Act, 7
20    U.S.C. 2132.
21(Source: P.A. 98-752, eff. 1-1-15.)
 
22    Section 10. The Illinois Endangered Species Protection Act
23is amended by changing Sections 3, 4, and 5 as follows:
 
24    (520 ILCS 10/3)  (from Ch. 8, par. 333)

 

 

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1    Sec. 3. It is unlawful for any person:
2        (1) to possess, take, transport, sell, offer for sale,
3    give or otherwise dispose of any animal or the product
4    thereof of any animal species which occurs on the Illinois
5    List, unless otherwise authorized by law;
6        (2) to deliver, receive, carry, transport or ship in
7    interstate or foreign commerce plants listed as endangered
8    by the federal government without a permit therefor issued
9    by the Department as provided in Section 4 of this Act;
10        (3) to take plants on the Illinois List without the
11    express written permission of the landowner; or
12        (4) to sell or offer for sale plants or plant products
13    of endangered species on the Illinois List.
14(Source: P.A. 91-357, eff. 7-29-99.)
 
15    (520 ILCS 10/4)  (from Ch. 8, par. 334)
16    Sec. 4. Upon receipt of proper application and approval of
17the same, the Department may issue to any qualified person a
18permit which allows the taking, possession, transport,
19purchase, or disposal of specimens or products of an
20endangered or threatened species of animal or federal
21endangered plant after the effective date of this Act for
22justified purposes, that will enhance the survival of the
23affected species by zoological, botanical or educational or
24for scientific purposes only. Section 5-20 of the
25Herptiles-Herps Act has provisions for permits to acquire,

 

 

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1breed, and sell captive, legally obtained endangered and
2threatened amphibians and reptiles. Rules for the issuance and
3maintenance of permits shall be promulgated by the Department
4after consultation with and written approval of the Board. The
5Department shall, upon notice and hearing, revoke the permit
6of any holder thereof upon finding that the person is not
7complying with the terms of the permit, the person is
8knowingly providing incorrect or inadequate information, the
9activity covered by the permit is placing the species in undue
10jeopardy, or for other cause.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (520 ILCS 10/5)  (from Ch. 8, par. 335)
13    Sec. 5. (a) Upon receipt of proper application and
14approval of same, the Department may issue a limited permit
15authorizing the possession, purchase or disposition of animals
16or animal products of an endangered or threatened species, or
17federal endangered plants to any person which had in its
18possession prior to the effective date of this Act such an item
19or which obtained such an item legally out-of-state. Such
20permit shall specifically name and describe each pertinent
21item possessed by the permit holder and shall be valid only for
22possession, purchase or disposition of the items so named. The
23Department may require proof that acquisition of such items
24was made before the effective date of this Act. The Department
25may also issue a limited permit authorizing the possession,

 

 

10200SB1247sam001- 54 -LRB102 05056 KMF 25302 a

1purchase or disposition of live animals or such item to any
2person to whom a holder of a valid permit issued pursuant to
3this section gives, sells, or otherwise transfers the item
4named in the permit. Section 5-20 of the Herptiles-Herps Act
5has provisions for permits to acquire, breed, and sell
6captive, legally obtained endangered and threatened amphibians
7and reptiles. Limited permits issued pursuant to this section
8shall be valid only as long as the item remains in the
9possession of the person to whom the permit was issued.
10    (b) The limited permit shall be revoked by the Department
11if it finds that the holder has received it on the basis of
12false information, is not complying with its terms, or for
13other cause.
14(Source: P.A. 98-752, eff. 1-1-15.)".