99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
SB3266

 

Introduced 2/19/2016, by Sen. Wm. Sam McCann

 

SYNOPSIS AS INTRODUCED:
 
510 ILCS 68/1-15

    Amends the Herptiles-Herps Act. Provides that "administrative rule" means a rule adopted under the Illinois Administrative Procedure Act.


LRB099 19963 SMS 44362 b

 

 

A BILL FOR

 

SB3266LRB099 19963 SMS 44362 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Herptiles-Herps Act is amended by changing
5Section 1-15 as follows:
 
6    (510 ILCS 68/1-15)
7    Sec. 1-15. Definitions. For the purposes of this Act,
8unless the context clearly requires otherwise, the following
9terms are defined as:
10    "Administrative rule" means a rule adopted under the
11Illinois Administrative Procedure 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 reptile or amphibian life or any
23part of reptile or amphibian life taken, bought, sold or

 

 

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1bartered, shipped, or held in possession or any conveyance,
2vehicle, watercraft, or other means of transportation
3whatsoever, except sealed railroad cars or other sealed common
4carriers, used to transport or ship any reptile or amphibian
5life or any part of reptile or amphibian life taken, contrary
6to this Act, including administrative rules, or used to
7transport, contrary to this Act, including administrative
8rules, any of the specified species when taken illegally.
9    "Culling" means picking out from others and removing
10rejected members because of inferior quality.
11    "Department" means the Illinois Department of Natural
12Resources.
13    "Director" means the Director of the Illinois Department of
14Natural Resources.
15    "Educational program" means a program of organized
16instruction or study for providing education intended to meet a
17public need.
18    "Endangered or threatened species" means any species
19listed as endangered or threatened to the species level on
20either the Illinois List of Endangered and Threatened Fauna or
21the federal U.S. Fish and Wildlife Service List of Threatened
22and Endangered Species.
23    "Herptile" means collectively any amphibian or reptile
24taxon, whether indigenous to this State or not.
25    "Indigenous or native taxa" means those amphibians and
26reptiles to the subspecies level that can be found naturally in

 

 

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1this State.
2    "Individual" means a natural person.
3    "Medically significant" means a venomous or poisonous
4species whose venom or toxin can cause death or serious illness
5or injury in humans that may require emergency room care or the
6immediate care of a physician. These species are categorized as
7being "medically significant" or "medically important".
8    "Owner" means an individual who has a legal right to the
9possession of a herptile.
10    "Person" means any individual, partnership, corporation,
11organization, trade or professional association, firm, limited
12liability company, joint venture, or group.
13    "Possession limit" means the maximum number or amount of
14herptiles that can be lawfully held or possessed by one person
15at any time.
16    "Possessor" means any person who possesses, keeps,
17harbors, brings into the State, cares for, acts as a custodian
18for, has in his or her custody or control, or holds a property
19right to a herptile.
20    "Reptile show" means any event open to the public, for a
21fee or without a fee, that is not a licensed pet store, where
22herptiles or herptiles together with other animals are
23exhibited, displayed, sold, bought, traded, or otherwise made
24available for public display.
25    "Resident" means a person who in good faith makes
26application for any license or permit and verifies by statement

 

 

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1that he or she has maintained his or her permanent abode in
2this State for a period of at least 30 consecutive days
3immediately preceding the person's application, and who does
4not maintain permanent abode or claim residency in another
5state for the purposes of obtaining any of the same or similar
6licenses or permits under this Act. A person's permanent abode
7is his or her fixed and permanent dwelling place, as
8distinguished from a temporary or transient place of residence.
9Domiciliary intent is required to establish that the person is
10maintaining his or her permanent abode in this State. Evidence
11of domiciliary intent includes, but is not limited to, the
12location where the person votes, pays personal income tax, or
13obtains a drivers license. Any person on active duty in the
14Armed Forces shall be considered a resident of Illinois during
15his or her period of military duty.
16    "Special use herptile" means any taxon of amphibian or
17reptile for which a Herptile Special Use permit is required.
18    "Take" means possess, collect, catch, detain, hunt, shoot,
19pursue, lure, kill, destroy, capture, gig or spear, trap or
20ensnare, harass, or an attempt to do so.
21    "Transport" or "ship" means to convey by parcel post,
22express, freight, baggage, or shipment by common carrier or any
23description; by automobile, motorcycle, or other vehicle of any
24kind; by water or aircraft of any kind; or by any other means
25of transportation.
26    "Turtle farming" means the act of breeding, hatching,

 

 

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1raising, selling turtles, or any combination commercially for
2the purpose of providing turtles, turtle eggs, or turtle parts
3to pet suppliers, exporters, and food industries.
4    "Wildlife sanctuary" means any non-profit organization
5that: (1) is exempt from taxation under the federal Internal
6Revenue Code and is currently confirmed as tax exempt by the
7federal Internal Revenue Service; (2) operates a place of
8refuge where wild animals are provided care for their lifetime
9or released back to their natural range; (3) does not conduct
10activities on animals in its possession that are not inherent
11to the animal's nature; (4) does not use animals in its
12possession for entertainment; (5) does not sell, trade, or
13barter animals in its possession or parts of those animals; and
14(6) does not breed animals in its possession.
15(Source: P.A. 98-752, eff. 1-1-15.)