Sen. James F. Clayborne, Jr.

Filed: 3/15/2013

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2362

2    AMENDMENT NO. ______. Amend Senate Bill 2362 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 of 2013.
 
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. Home rule. A municipality or county may adopt
4an ordinance governing amphibian and reptile species that is
5more restrictive than this Act.
 
6    Section 1-20. Definitions. For the purposes of this Act,
7unless the context clearly requires otherwise the following
8terms are defined as:
9    "Administrative rule" means a regulatory measure issued by
10the Director under this Act.
11    "Authorized law enforcement officer" means all sworn
12members of the Law Enforcement Division of the Department and
13those persons specifically granted law enforcement
14authorization by the Director.
15    "Culling" means rejecting or discarding.
16    "Department" means the Illinois Department of Natural
17Resources.
18    "Director" means the Director of the Illinois Department of
19Natural Resources.
20    "Educational program" means a program of organized
21instruction or study for providing education, intended to meet
22a public need.
23    "Endangered or threatened species" means any species
24listed as endangered or threatened to the species level on

 

 

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1either the Illinois List of Endangered and Threatened Fauna or
2the federal U.S. Fish and Wildlife Service List of Threatened
3and Endangered Species.
4    "Herptile" means collectively any amphibian or reptile
5taxa, whether indigenous to this State or not.
6    "Indigenous or native taxa" means those amphibians and
7reptiles to the subspecies level that can be found naturally in
8this State.
9    "Medically significant" means a venomous or poisonous
10species whose venom or toxin can cause death or serious illness
11or injury in humans that may require emergency room care or the
12immediate care of a physician. These species are usually
13categorized as being "medically significant" or "medically
14important".
15    "Owner" means an individual who has a legal right to the
16possession of a herptile.
17    "Person" means any individual, partnership, corporation,
18organization, trade or professional association, firm, limited
19liability company, joint venture, or group.
20    "Possessor" means any person who possesses, keeps,
21harbors, brings into the State, cares for, acts as a custodian
22for, has in his or her custody or control, or holds a property
23right to a herptile.
24    "Reptile show" means any event open to the public, for a
25fee or without a fee, that is not a licensed pet store, where
26herptiles or herptiles together with other animals are

 

 

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1exhibited, displayed, sold, bought, traded, or otherwise made
2available for public display.
3    "Special use herptile" means any taxa of amphibian or
4reptile for which a Herptile Special Use permit is required.
5    "Turtle farming" means the act of breeding, hatching,
6raising, selling turtles, or any combination commercially for
7the purpose of providing turtles, turtle eggs, or turtle parts
8to pet suppliers, exporters, and food industries.
9    "Wildlife sanctuary" means any non-profit organization
10that: (1) is exempt from taxation under the federal Internal
11Revenue Code and is currently confirmed as tax exempt by the
12federal Internal Revenue Service; (2) operates a place of
13refuge where wild animals are provided care for their lifetime
14or released back to their natural range; (3) does not conduct
15activities on animals in its possession that are not inherent
16to the animal's nature; (4) does not use animals in its
17possession for entertainment; (5) does not sell, trade, or
18barter animals in its possession or parts of those animals; and
19(6) does not breed animals in its possession.
 
20    Section 1-25. Financial value of herptiles.
21    (a) For purposes of this Section, the financial value of
22all reptiles and amphibians described under this Act taken in
23violation of the Illinois Conservation Law, whether dressed or
24not dressed, is as follows:
25        (1) for processed turtle parts, $8 for each pound or

 

 

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1    fraction of a pound; for each non-processed turtle, $15 per
2    whole turtle;
3        (2) for frogs, toads, salamanders, lizards, and
4    snakes, $5 per herptile in whole or in part; and
5        (3) any person who, for profit or commercial purposes,
6    knowingly captures or kills, possesses, offers for sale,
7    sells, offers to barter, barters, offers to purchase,
8    purchases, delivers for shipment, ships, exports, imports,
9    causes to be shipped, exported, or imported, delivers for
10    transportation, transports, or causes to be transported,
11    carriers or causes to be carried, or receives for shipment,
12    transportation, carriage, or export any reptile or
13    amphibian life, in part or in whole of any of the reptiles
14    and amphibians protected by this Act, and that reptile or
15    amphibian life, in whole or in part, is valued in excess of
16    a total of $300, as per value specified in subparagraphs
17    (1) and (2) of this Section commits a Class 3 felony.
18    (b) The trier of fact may infer that a person "knowingly
19possesses" a reptile or amphibian, in whole or in part,
20captured or killed in violation of this Act, valued in excess
21of $600, as per value specified in subparagraphs (1) and (2) of
22subsection (a) of this Section.
 
23
ARTICLE 5. INDIGENOUS OR
24
NATIVE HERPTILE TAXA

 

 

 

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1    Section 5-5. Possession limits.
2    (a) The possession limit for indigenous amphibian and
3reptile taxa (excluding common snapping turtles and bullfrogs)
4is 8 total collectively with no more than 4 per taxa. Captive
5born offspring of a legally held reptile or amphibian, not
6intended for commercial purposes, is exempt from the possession
7limits for a period of 30 days. Young of gravid wild-collected
8amphibians and reptiles shall be released at site of adult
9capture after birth.
10    (b) Only residents may possess herptiles collected from the
11wild within this State under a valid sport fishing license;
12non-residents may not possess herptiles collected from the wild
13within this State except for scientific purposes, with a
14Herptile Scientific Collection permit.
15    (c) All herptile species (other than bullfrogs and common
16snapping turtles) may be captured by hand. This shall not
17restrict the use of legally taken herptiles as bait by anglers.
18Any captured herptiles that are not to be retained in the
19possession of the captor shall be immediately released at the
20site of capture, unless taken with a lethal method such as bow
21and arrow, gig, spear, or pitchfork which does not permit
22release without harm. All common snapping turtles and bullfrogs
23taken for personal consumption must be kept and counted in the
24daily catch creel or bag. No culling of these 2 species for
25personal consumption is permitted.
26    (d) The trier of fact may infer that a person is collecting

 

 

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1from the wild within this State if he or she possesses
2indigenous reptiles or amphibians, in whole or in part, if no
3documentation exists stating that the animals were legally
4collected from the wild outside of this State.
5    (e) Residents may possess a total of 8 native herp
6specimens collectively, with no more than 4 per taxa, without
7obtaining and possessing either a Herptile Scientific
8Collection permit or Herpetoculture permit from the
9Department, regardless of the origin of the species. A sport
10fishing license is required for residents to legally collect
11any native herp taxa on private land, with the landowner's
12permission. Collecting herptiles on public lands shall require
13additional permits.
14    (f) Any resident wishing to possess more than his or her
15allowed possession limit, shall first apply to the Department
16for a Herptile Scientific Collection permit or Herpetoculture
17permit to do so. Issuance, modification, or denial of any and
18all of these permits shall be at the sole discretion of the
19Department.
20    (g) Due to the similarity of appearance (S/A) of certain
21intergrade or hybrid specimens, the Department retains the
22authority to enforce any and all provisions under this Act.
23Specimens determined by the Department, or its agents, to fit
24into this S/A category shall receive all benefits of this Act,
25as well as the Illinois Endangered Species Protection Act if
26applicable, and shall be included in an individual's overall

 

 

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

 

 

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1    Section 5-15. Protection of habitat. Habitat features that
2are disturbed in the course of searching for reptiles and
3amphibians shall be returned to as near its original position
4and condition as possible, for example overturned stones and
5logs shall be restored to their original locations.
 
6    Section 5-20. Taking of endangered or threatened species.
7    (a) No person shall take or possess any of the herptiles
8listed in the Illinois Endangered Species Protection Act or
9subsequent administrative rules, except as provided by that
10Act.
11    (b) Any Department permitted threatened or endangered
12(T/E) herptile species shall be exempt from an individual's
13overall possession under the permitting system set forth in
14this Act. However, any and all T/E specimens shall be
15officially recorded with the Department's Endangered Species
16Conservation Program. Any species occurring on the federal T/E
17list also requires a Department permit for possession,
18propagation, sale, or offer for sale unless otherwise permitted
19through the Department.
20    (c) Due to the similarity of appearance (S/A) of certain
21intergrade or hybrid specimens, the Department retains the
22authority to enforce any and all provisions under this Act.
23Specimens determined by the Department, or agents, to fit into
24this S/A category shall receive all benefits of this Act, as

 

 

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1well as the Illinois Endangered Species Protection Act if
2applicable, and shall be included in an individual's overall
3possession limit.
4    (d) Federally licensed exhibits shall not be exempt from
5the Illinois Endangered Species Protection Act.
6    (e) Any changes in T/E permit numbers for herptiles by
7current, existing permit holders shall be reported to the
8Department in writing no later than the first business day
9after that change occurred. Requests for permits by any
10resident acquiring a T/E species who is not permitted shall not
11be issued after-the-fact.
12    (f) Annual reports are due by January 31 of each year for
13the preceding year's activities. Failure to submit the annual
14report by the due date shall result in a permit violation.
15    (g) An annual fee for herptile T/E species permits, per
16permittee, shall be set by administrative rule.
 
17    Section 5-25. Taking of snakes. Unless otherwise provided
18in this Act, any non-threatened or non-endangered snake may be
19taken by the owners or bonafide tenants of lands actually
20residing on the lands and their children, parents, brothers,
21and sisters permanently residing with them.
 
22    Section 5-30. Taking of turtles or bullfrogs; illegal
23devices.
24    (a) No person shall take turtles or bullfrogs by commercial

 

 

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1fishing devices, including dip nets, hoop nets, traps, or
2seines, or by the use of firearms, airguns, or gas guns.
3Turtles may be taken only by hand or means of hook and line.
4    (b) Bullfrog; common snapping turtle; open season.
5        (1) All individuals taking bullfrogs shall possess a
6    valid sport fishing license and may take bullfrogs only
7    during the open season of June 15 through August 31, both
8    dates inclusive. Bullfrogs may only be taken by hook and
9    line, gig, pitchfork, spear, bow and arrow, hand, or
10    landing net.
11        (2) The daily catch limit for all properly licensed
12    persons is 12 bullfrogs. The possession limit total is 24
13    bullfrogs.
14        (3) All persons taking common snapping turtles shall
15    possess a valid sport fishing license and may take common
16    snapping turtles only during the open season of June 15
17    through August 31, both dates inclusive. Common snapping
18    turtles (Chelydra serpentina) may be taken only by hand,
19    hook and line, or bow and arrow, except in the counties
20    listed in Section 5-35 where bowfishing for common snapping
21    turtles is not allowed.
22        (4) The daily catch limit for all properly licensed
23    persons is 2 common snapping turtles. The possession limit
24    total is 4 common snapping turtles.
25    (c) The alligator snapping turtle (Macrochelys temminckii)
26is protected and may not be taken by any method including, but

 

 

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1not limited to, any sport fishing method.
 
2    Section 5-35. Areas closed to the taking of reptiles and
3amphibians. Unless otherwise allowed by law or administrative
4rule, the taking of reptiles and amphibians at any time and by
5any method is prohibited in the following areas:
6    The LaRue-Pine Hills or Otter Pond Research Natural Area in
7    Union County. The closed area shall include the Research
8    Natural Area as designated by the U.S. Forest Service and
9    the right-of-way of Forest Road 345 with Forest Road 236 to
10    the intersection of Forest Road 345 with the Missouri
11    Pacific railroad tracks.
12    In the following counties bowfishing for common snapping
13turtles is not permitted: Randolph, Perry, Franklin, Hamilton,
14White, Gallatin, Saline, Williamson, Jackson, Union, Johnson,
15Pope, Hardin, Massac, Pulaski, and Alexander, or in any
16additional counties added through administrative rule.
 
17    Section 5-40. Additional protective regulations.
18    (a) Except as otherwise allowed by law or administrative
19rule, taking of the following species of reptiles and
20amphibians is prohibited:
21    Copperbelly water snake (Nerodia erythrogaster neglecta)
22    in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson,
23    Lawrence, Massac, Pope, Pulaski, Richland, Rock Island,
24    Saline, Wabash, Wayne, and White counties.

 

 

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1    (b) Under this Act, the copperbelly water snake shall be
2treated as a listed threatened or endangered species within
3this State. The copperbelly water snakes shall receive all
4protection benefits and incidental take regulations as
5described under the Illinois Endangered Species Protection
6Act.
7    (c) Because the range of the 2 species of Nerodia
8erythrogaster overlap in southern Illinois, and the meristic
9characters that separate these 2 subspecies is often
10problematic, the Department retains the authority to classify
11water snake specimens as similar in appearance (S/A) to the
12subspecies: neglecta. Specimens determined by the Department,
13or its agents, to fit into this neglecta S/A category shall
14receive all benefits of this Act, as well as the Illinois
15Endangered Species Protection Act.
 
16    Section 5-45. Translocation and release of herptiles.
17    (a) No herptile indigenous species may be moved,
18translocated, or populations repatriated within this State
19without approval of the Department, after review of a proposal
20complete with long-term monitoring plan at least 5 years
21post-release.
22    (b) It shall be unlawful to intentionally or negligently
23release any non-indigenous herptile species into this State.
 
24
ARTICLE 10. VENOMOUS REPTILES

 

 

 

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

 

 

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1not a defense to a violation of Article 65 that the person
2violating that Article has had the venomous reptile surgically
3altered to render it harmless.
 
4    Section 10-15. Venomous reptile permit requirements. In
5addition to those requirements listed in Articles 60 and 65 of
6this Act, Herptile Special Use permits may be issued to
7residents using approved venomous reptile species only for
8bonafide educational programs, following an inspection and
9approval of the proposed facilities. A minimum of 6 documented
10programs shall be required of each permittee per calendar year.
11Unless addressed or exempted by administrative rule, annual
12permit renewal must be accompanied by a non-refundable fee as
13set by the Department by administrative rule and documented
14proof of educational programs completed on the recipient's
15letterhead. Prospective permittees must have 250 documented
16hours of experience with venomous reptiles. The Department or
17the Department of Agriculture reserves the right to inspect
18permittees and facilities during reasonable hours. Additions
19to permits must be approved prior to acquisition of additional
20venomous reptiles, and any changes shall be reported to the
21Department in writing no later than the first business day
22after that change occurred.
 
23    Section 10-20. Approved venomous reptiles. Permittees may
24keep legally obtained venomous reptile specimens native to the

 

 

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1United States, except the following species: Eastern
2diamondback rattlesnakes (Crotalus adamanteus); Western
3diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes
4(Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus
5oreganus helleri); Eastern and Texas coral snakes (Micrurus
6fulvius); Sonoran coral snakes (Micruroides euryxanthus); and
7timber/canebrake rattlesnakes (Crotalus horridus) specifically
8from Georgia, known as "Type A".
9    Except for Boomslangs (Dispholidus), twig snakes
10(Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green
11racer (Philodryas olfersii), brown tree snake (Boiga
12irregularis), and medically significant snakes in the family
13Colubridae defined in Section 10-5 of this Article may be
14possessed by permit.
 
15    Section 10-25. Maintenance of venomous reptiles.
16Permittees shall keep approved venomous reptiles in strong
17escape-proof enclosures that at a minimum are: impact
18resistant, locked at all times, prominently labeled with the
19permittee's full name, address, telephone number, list of cage
20contents by scientific and common names, and a sign labeled
21"venomous". The signage shall also include the type and
22location of antivenom and contact information of the person or
23organization possessing the antivenom.
 
24    Section 10-30. Educational programs with approved venomous

 

 

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

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

 

 

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

 
15    Section 20-5. "Crocodilians" means any species of the Order
16Crocodilia, such as crocodiles, alligators, caimans, and
17gavials.
 
18    Section 20-10. Crocodilian permit requirements. In
19addition to the requirements listed in Articles 60 and 65 of
20this Act, Herptile Special Use permits may be issued to
21residents using crocodilian species only for bonafide

 

 

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1educational programs, following an inspection and approval of
2the proposed facilities. A minimum of 6 documented programs
3shall be required of each permittee per calendar year. Unless
4addressed or exempted by administrative rule, annual permit
5renewal must be accompanied by a non-refundable fee as set by
6the Department and documented proof of educational programs
7completed on the recipient's letterhead. The Department or the
8Department of Agriculture reserves the right to inspect of
9permittees and facilities during reasonable hours. Additions
10to permits must be approved prior to acquisition of additional
11crocodilians, and any changes shall be reported to the
12Department in writing no later than the first business day
13after that change occurred.
 
14    Section 20-15. Maintenance of crocodilians. Permittees
15shall keep crocodilians maintained in suitable, strong, impact
16resistant, escape-proof enclosures at all times unless being
17used for bonafide educational programs or trips for veterinary
18care.
 
19    Section 20-20. Educational programs with crocodilians.
20During any bonafide educational program involving
21crocodilians, the owner or affiliated agent must maintain
22physical possession and control of the crocodilian at all times
23if removed from a container or cage. Interiors of cages or
24containers used during educational programs may not be

 

 

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

 
19    Section 25-5. "Monitor lizards" means the following
20members of the Varanidae family, specifically crocodile
21monitors as well as Komodo dragons.
 

 

 

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1    Section 25-10. Monitor lizard permit requirements. In
2addition to those requirements listed in Articles 60 and 65 of
3this Act, Herptile Special Use permits may be issued to
4residents using monitor lizard species only for bonafide
5educational programs, following an inspection and approval of
6the proposed facilities. A minimum of 6 documented programs
7shall be required of each permittee per calendar year. Unless
8addressed or exempted by administrative rule, annual permit
9renewal must be accompanied by a non-refundable fee as set by
10the Department and documented proof of educational programs
11completed on the recipient's letterhead. The Department or the
12Department of Agriculture reserves the right to inspect of
13permittees and facilities during reasonable hours. Additions
14to permits must be approved prior to acquisition of additional
15monitor lizards, and any changes shall be reported to the
16Department in writing no later than the first business day
17after that change occurred.
 
18    Section 25-15. Maintenance of monitor lizards. Permittees
19shall keep monitor lizards maintained in suitable, strong,
20impact resistant, escape-proof enclosures at all times unless
21being used for bonafide educational programs or trips for
22veterinary care.
 
23    Section 25-20. Educational programs with monitor lizards.
24During any bonafide educational program involving monitor

 

 

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

 

 

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1
ARTICLE 30. TURTLES

 
2    Section 30-5. Turtles. It is unlawful to buy, sell, or
3offer to sell any species of aquatic or semi-aquatic turtles in
4the Order Testudines (except for the terrestrial tortoises in
5the family Testudinidae) with a carapace length of 4 inches or
6less or their eggs within this State.
 
7    Section 30-10. Turtle farming. Turtles shall not be
8commercially farmed in this State.
 
9
ARTICLE 35. AMPHIBIANS

 
10    Section 35-5. "Amphibians" means those medically
11significant poisonous amphibians capable of causing bodily
12harm to humans or animals, including, but not limited to, cane
13or marine toads (Bufo marinus) and Colorado river toads (Bufo
14alvarius), or any other amphibian found to be medically
15significant and shall only be allowed for bonafide educational
16purposes or research purposes by exempted institutions.
17    Poison dart frogs bred and raised in captivity shall be
18exempt from the permit process.
 
19
ARTICLE 40. HERPTILE SCIENTIFIC
20
COLLECTION PERMITS

 

 

 

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1    Section 40-5. Permit issuance. Herptile Scientific
2Collection permits may be granted by the Department, in its
3sole discretion, to any properly accredited person at least 18
4years of age, permitting the capture, marking, handling,
5banding, or collecting (including hide, skin, bones, teeth,
6claws, nests, eggs, or young), for strictly scientific
7purposes, of any of the herptiles not listed as endangered or
8threatened but now protected under this Act. A Herptile
9Scientific Collection permit may be granted to qualified
10individuals for purpose of salvaging dead, sick, or injured
11herptiles not listed as endangered or threatened but protected
12by this Act for permanent donation to bonafide public or state
13scientific, educational, or zoological institutions.
14Collecting herptiles on public lands shall require additional
15permits.
 
16    Section 40-10. Permit requirements. The criteria and
17standards for a Herptile Scientific Collection permit shall be
18provided by administrative rule. The Department shall set forth
19applicable rules covering qualifications and facilities needed
20to obtain a permit. Disposition of herptiles taken under the
21authority of this Article shall be specified by the Department.
22The holder of each permit shall make to the Department a report
23in writing upon forms furnished by the Department. These
24reports shall be made (i) annually if the permit is granted for
25a period of one year or (ii) within 30 days after the

 

 

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1expiration of the permit if the permit is granted for a period
2of less than one year. These reports shall include information
3that the Department considers necessary.
 
4
ARTICLE 45. HERPTILE SCIENTIFIC
5
COLLECTION PERMIT APPLICATION AND FEES

 
6    Section 40-5. Permit application and fees. An applicant for
7a Herptile Scientific Collection permit must file an
8application with the Department on a form provided by the
9Department. The application must include all information and
10requirements as set by administrative rule. The application for
11these permits shall be reviewed by the Department to determine
12if a permit should be issued.
13    Unless addressed or exempted by administrative rule,
14annual permit renewal must be accompanied by non-refundable fee
15as set by the Department. The annual fee for a Herptile
16Scientific Collection permit shall be set by administrative
17rule. The Department shall adopt, by administrative rule, any
18additional procedures for the renewal of a Herptile Scientific
19Collection permit. All fees shall be deposited into the Fish
20and Wildlife Fund.
 
21
ARTICLE 50. HERPETOCULTURE PERMITS

 
22    Section 50-5. Permit issuance. Any person or business who

 

 

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1engages in the breeding, hatching, propagation, sale, or offer
2for sale of any indigenous herptile, regardless of origin,
3shall procure a permit from the Department. Herptiles
4specified, which are bred, hatched, propagated, or legally
5obtained by a person or business holding a permit as provided
6for in this Article, may be transported and sold or offered for
7sale within this State.
 
8    Section 50-10. Permit requirements. Herpetoculture permit
9holders shall maintain written records of all herptiles
10indigenous to this State bought, sold, hatched, propagated,
11sold, or shipped for a minimum of 2 years after the date of the
12transaction and shall be made immediately available to
13authorized employees of the Department upon request. These
14records shall include the name and address of the buyer and
15seller, the appropriate permit number of the buyer and seller,
16the date of the transaction, the species name (both common and
17scientific), and the origin of herptile involved. Records of
18the annual operations, as may be required by the Department,
19shall be forwarded to the Department upon request.
20    The criteria and standards for a Herpetoculture permit
21shall be provided by administrative rule. The Department shall
22set forth applicable rules, including a list of herptiles
23indigenous to this State.
 
24
ARTICLE 55. HERPETOCULTURE

 

 

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1
PERMITS APPLICATION AND FEES

 
2    Section 55-5. Permit application and fees. An applicant
3for a Herpetoculture permit must file an application with the
4Department on a form provided by the Department. The
5application must include all information and requirements as
6set forth by administrative rule. The application for these
7permits shall be reviewed by the Department to determine if a
8permit should be issued.
9    Unless addressed or exempted by administrative rule,
10annual permit renewal must be accompanied by a non-refundable
11fee as set by the Department. The annual fee for a residential
12Herpetoculture permit shall be set by administrative rule. The
13Department shall adopt, by administrative rule, any additional
14procedures for the renewal of a Herpetoculture permit. All fees
15shall be deposited into the Fish and Wildlife Fund.
16    As determined by the Department, non-residents may apply
17for a permit not to exceed 15 consecutive days to commercialize
18herptiles indigenous to this State as outlined in this Article.
19The fee for the permit shall be set by administrative rule, and
20all fees shall be deposited into the Fish and Wildlife Fund.
21    The Department shall adopt, by administrative rule,
22additional procedures for the renewal of annual Herpetoculture
23permits.
 
24    Section 55-10. Additional regulations. Nothing in

 

 

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1Articles 50 and 55 shall be construed to give permittees
2authority to breed, hatch, propagate, sell, offer for sale, or
3otherwise commercialize any herptile or parts thereof from
4herptiles indigenous to this State, either partially or in
5whole, that originate from the wild in this State.
6    Any offspring resulting from the breeding of herptiles
7where one parent has been taken from the wild in this State and
8the other parent from non-Illinois stock or captive bred stock,
9may not be legally sold or otherwise commercialized and shall
10be treated as indigenous or native Illinois herp taxa subject
11to Article 5 of this Act.
12    Color or pattern variations (morphs) of any herptile
13indigenous to this State are not exempt from this Article.
14    Due to the similarity of appearance (S/A) of certain
15intergrade or hybrid specimens, the Department retains the
16authority to enforce any and all provisions under this Act.
17Specimens determined by the Department, or its agents, to fit
18into this S/A category shall receive all benefits of this Act,
19as well as the Illinois Endangered Species Protection Act if
20applicable.
 
21
ARTICLE 60. HERPTILE SPECIAL
22
USE PERMIT REQUIREMENTS

 
23    Section 60-5. Permit requirements. Prior to any person
24obtaining a Herptile Special Use permit, the following criteria

 

 

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1must be met:
2        (1) the person was in legal possession and is the legal
3    possessor of the herptile prior to the effective date of
4    this Act and the person applies for and is granted a
5    Personal Possession permit for each special use herptile in
6    the person's possession within 30 days after the enactment
7    of this Act; or
8        (2) prior to acquiring a Herptile Special Use permit,
9    the person must provide the name, address, date of birth,
10    permit number, telephone number of the possessor, type or
11    species, and the date the herptile is to be acquired.
12    The applicant must comply with all requirements of this Act
13and the rules adopted by the Department to obtain a Herptile
14Special Use permit. Prior to the issuance of the Herptile
15Special Use permit, the applicant must provide proof of
16liability insurance or surety bond in the amount of $100,000
17for each Herptile Special Use permit up to a maximum of
18$1,000,000 and the insurance or surety bond is to be maintained
19during the term of the permit.
 
20
ARTICLE 65. HERPTILE SPECIAL USE
21
PERMIT APPLICATION AND FEES

 
22    Section 65-5. Permit application and fees. An applicant for
23a Herptile Special Use permit must file an application with the
24Department on a form provided by the Department. The

 

 

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

 

 

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1into the Fish and Wildlife Fund; and (v) uses the herptile for
2an activity authorized in the Limited Entry permit. A Limited
3Entry permit shall be valid for not more than 30 consecutive
4days unless extended by the Department, however, no extension
5shall be longer than 15 days.
 
6
ARTICLE 70. SUSPENSION OF
7
PRIVILEGES AND REVOCATION OF
8
HERPTILE SPECIAL USE PERMITS

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

 

 

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1    A person whose privileges to possess a special use herptile
2have been suspended or permit revoked may appeal that decision
3in accordance with the provisions for appealing suspensions and
4revocations under Section 20-105 of Fish and Aquatic Life Code
5and Section 3.36 of the Wildlife Code.
 
6
ARTICLE 75. RECORD KEEPING REQUIREMENTS
7
OF SPECIAL USE HERPTILES

 
8    Section 75-5. Record keeping requirements. A person who
9possesses a special use herptile must maintain records
10pertaining to the acquisition, possession, and disposition of
11the special use herptile as provided by administrative rule.
12These records shall be maintained for a minimum of 2 years
13after the date the special use herptile is no longer in
14possession of the permit holder. All records are subject to
15inspection by authorized law enforcement officers. In addition
16to maintaining records, all special use herptiles must be
17either pit-tagged or micro-chipped to individually identify
18them and the pit-tag or microchip numbers are also to be
19maintained as other pertinent records, unless otherwise
20provided by administrative rule.
 
21
ARTICLE 80. INJURY TO A
22
MEMBER OF PUBLIC BY
23
SPECIAL USE HERPTILES

 

 

 

09800SB2362sam001- 34 -LRB098 10746 CEL 42443 a

1    Section 80-5. Injury to a member of public by special use
2herptiles. A person who possesses a special use herptile
3without complying with the requirements of this Act and the
4rules adopted under the authority of this Act and whose special
5use herptile harms a person when the possessor knew or should
6have known that the herptile had a propensity, when provoked or
7unprovoked, to harm, cause injury to, or otherwise
8substantially endanger a member of the public is guilty of a
9Class A misdemeanor. A person who fails to comply with the
10provisions of this Act and the rules adopted under the
11authority of this Act and who intentionally or knowingly allow
12a special use herptile to cause great bodily harm to, or the
13death of, a human is guilty of a Class 4 felony.
 
14
ARTICLE 85. PROHIBITED ACTS WITH
15
SPECIAL USE HERPTILES

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

 

 

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1immediately contact the animal control authority or law
2enforcement agency of the municipality or county where the
3possessor resides if a special use herptile escapes or is
4released.
5    The possessor of a special use herptile shall not keep,
6harbor, care for, transport, act as the custodian of, or
7maintain in his or her possession the special use herptile in
8anything other than an escape-proof enclosure.
9    The possessor of a special use herptile shall not transport
10the special use herptile to or possess the special use herptile
11at a public venue, commercial establishment, retail
12establishment, or educational institution unless specifically
13authorized by permit or required to render veterinary care to
14the special use herptile.
15    The possessor of a special use herptile, at all reasonable
16times, shall not deny the Department or its designated agents
17and officers access to premises where the possessor keeps a
18special use herptile to ensure compliance with this Act.
19    Except as otherwise provided in this Act or by
20administrative rule, a person shall not buy, sell, or barter,
21or offer to buy, sell, or barter a special use herptile.
 
22
ARTICLE 90. PENALTIES

 
23    Section 90-5. Penalties. A person who violates Article 85
24of this Act is guilty of a Class A misdemeanor for a first

 

 

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1offense and a Class 4 felony for a second or subsequent offense
2occurring within one year after a finding of guilt on a first
3offense. A person who violates Article 75 of this Act is guilty
4of a Class B misdemeanor. Each day of a violation constitutes a
5separate offense. A person who violates Articles 5, 10, 15, 20,
625, 30, 35, 40, 50, or 55 of this Act with a penalty not set
7forth is guilty of a Class A misdemeanor.
8    All fines and penalties collected under the authority of
9this Act or its administrative rules shall be deposited into
10the Fish and Wildlife Fund.
 
11
ARTICLE 95. CIVIL
12
LIABILITY AND IMMUNITY

 
13    Section 95-5. Assumption of risk. Each participant who
14owns, possesses, or keeps a herptile expressly assumes the risk
15of and legal responsibility for injury, loss, or damage to the
16person or the person's property that results from the
17ownership, possession, or keeping, of the herptile. Each owner,
18keeper, or possessor of a herptile shall be solely liable to
19manage, care for, and control a particular species, and it
20shall be the duty of each owner, keeper, or possessor, to
21maintain reasonable control of the particular herptile at all
22times, and to refrain from acting in a manner that may cause or
23contribute to the injury of person, whether in public or on
24private property.
 

 

 

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1    Section 95-10. Civil liability and immunity. If any
2herptile escapes or is released, the owner and possessor of the
3herptile shall be strictly liable for all costs incurred in
4apprehending and confining the herptile; including any
5injuries incurred to humans or damage to property, both real
6and personal, including pets and livestock, and the owner shall
7indemnify any animal control officer, police officer, or
8Department employee acting in his or her official capacity to
9capture or control an escaped herptile.
10    The owner, keeper, or possessor of an escaped herptile
11shall be solely responsible for any and all liabilities arising
12out of or in connection with the escape or release of any
13herptile including liability for any damage, injury, or death
14caused by or to the herptile during or after the herptile's
15escape or release or as a result of the apprehension or
16confinement of the herptile after its escape or release. In
17addition, the owner, keeper, or possessor of an escaped
18herptile shall be solely responsible for any and all costs
19incurred by an animal control officer, police officer, or
20Department employee acting in his or her official capacity to
21capture or control an escaped herptile.
22    A licensed veterinarian who may have cause to treat a
23special use herptile that is in violation of this Act shall not
24be held liable under this Act provided that the veterinarian
25(i) promptly reports violations of this Act of which he or she

 

 

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1has knowledge to a law enforcement agency within 24 hours after
2becoming aware of the incident; (ii) provides the name,
3address, and phone number of the person possessing the special
4use herptile at time of incident or treatment; (iii) provides
5the name and address of the owner of the special use herptile
6if known; (iv) identifies the kind and number of special use
7herptiles being treated; and (v) describes the reason for the
8treatment of the special use herptile.
 
9
ARTICLE 100. SEIZURE AND FORFEITURE

 
10    Section 100-5. Seizure and forfeiture. If any person is
11found to possess a special use herptile that is in violation of
12this Act, including any administrative rules, then the special
13use herptile and any equipment or items used contrary to this
14Act shall be subject to seizure and forfeiture by the
15Department. Any special use herptile seized in violation of
16this Act may immediately be placed in a facility approved by
17the Department.
18    If a person's special use herptile has been seized by the
19Department, then the owner and possessor of the special use
20herptile is liable for the reasonable costs associated with the
21seizure, placement, testing, and care for the special use
22herptile from the time of confiscation until the time the
23special use herptile is relocated to an approved facility or
24person holding a valid Herptile Special Use permit or is

 

 

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1otherwise disposed of by the Department.
2    Any special use herptile and related items found abandoned
3shall become the property of the Department and disposed of
4according to Department rule.
5    The circuit court, in addition to any other penalty, may
6award any seized or confiscated special use herptiles or items
7to the Department as provided for in Section 1-215 of the Fish
8and Aquatic Life Code and Section 1.25 of the Wildlife Code.
9Further, the court, in addition to any other penalty, may
10assess a fee upon a person who pleads guilty to the provisions
11of this Act equal to the amount established or determined to
12maintain the special use herptile until it is permanently
13placed in a facility approved by the Department or otherwise
14disposed of.
 
15
ARTICLE 105. EXEMPTIONS

 
16    Section 105-5. Exemptions. When acting in their official
17capacity, the following entities and their agents are exempt
18from the requirements of this Act:
19        (1) public zoos or aquaria accredited by the
20    Association of Zoos and Aquariums;
21        (2) licensed veterinarians or anyone operating under
22    the authority of a licensed veterinarian;
23        (3) wildlife sanctuaries;
24        (4) accredited research or medical institutions;

 

 

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1        (5) licensed or accredited educational institutions;
2        (6) circuses licensed and in compliance with the Animal
3    Welfare Act and all rules adopted by the Department of
4    Agriculture;
5        (7) federal, State, and local law enforcement
6    officers, including animal control officers acting under
7    the authority of this Act;
8        (8) members of federal, State, or local agencies
9    approved by the Department;
10        (9) any bonafide wildlife rehabilitation facility
11    licensed or otherwise authorized by the Department; and
12        (10) any motion picture or television production
13    company that uses licensed dealers, exhibitors, and
14    transporters under the federal Animal Welfare Act, 7 U.S.C.
15    2132.
 
16    Section 110. The Criminal Code of 2012 is amended by
17changing Section 48-10 as follows:
 
18    (720 ILCS 5/48-10)
19    Sec. 48-10. Dangerous animals.
20    (a) Definitions. As used in this Section, unless the
21context otherwise requires:
22        "Dangerous animal" means a lion, tiger, leopard,
23    ocelot, jaguar, cheetah, margay, mountain lion, lynx,
24    bobcat, jaguarundi, bear, hyena, wolf or coyote, or any

 

 

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1    poisonous or life-threatening reptile. Dangerous animal
2    does not mean any herptiles that are found in the
3    Herptiles-Herps Act of 2013.
4        "Owner" means any person who (1) has a right of
5    property in a dangerous animal or primate, (2) keeps or
6    harbors a dangerous animal or primate, (3) has a dangerous
7    animal or primate in his or her care, or (4) acts as
8    custodian of a dangerous animal or primate.
9        "Person" means any individual, firm, association,
10    partnership, corporation, or other legal entity, any
11    public or private institution, the State, or any municipal
12    corporation or political subdivision of the State.
13        "Primate" means a nonhuman member of the order primate,
14    including but not limited to chimpanzee, gorilla,
15    orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,
16    and tarsier.
17    (b) Dangerous animal or primate offense. No person shall
18have a right of property in, keep, harbor, care for, act as
19custodian of or maintain in his or her possession any dangerous
20animal or primate except at a properly maintained zoological
21park, federally licensed exhibit, circus, college or
22university, scientific institution, research laboratory,
23veterinary hospital, hound running area, or animal refuge in an
24escape-proof enclosure.
25    (c) Exemptions.
26        (1) This Section does not prohibit a person who had

 

 

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1    lawful possession of a primate before January 1, 2011, from
2    continuing to possess that primate if the person registers
3    the animal by providing written notification to the local
4    animal control administrator on or before April 1, 2011.
5    The notification shall include:
6            (A) the person's name, address, and telephone
7        number; and
8            (B) the type of primate, the age, a photograph, a
9        description of any tattoo, microchip, or other
10        identifying information, and a list of current
11        inoculations.
12        (2) This Section does not prohibit a person who is
13    permanently disabled with a severe mobility impairment
14    from possessing a single capuchin monkey to assist the
15    person in performing daily tasks if:
16            (A) the capuchin monkey was obtained from and
17        trained at a licensed nonprofit organization described
18        in Section 501(c)(3) of the Internal Revenue Code of
19        1986, the nonprofit tax status of which was obtained on
20        the basis of a mission to improve the quality of life
21        of severely mobility-impaired individuals; and
22            (B) the person complies with the notification
23        requirements as described in paragraph (1) of this
24        subsection (c).
25    (d) A person who registers a primate shall notify the local
26animal control administrator within 30 days of a change of

 

 

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1address. If the person moves to another locality within the
2State, the person shall register the primate with the new local
3animal control administrator within 30 days of moving by
4providing written notification as provided in paragraph (1) of
5subsection (c) and shall include proof of the prior
6registration.
7    (e) A person who registers a primate shall notify the local
8animal control administrator immediately if the primate dies,
9escapes, or bites, scratches, or injures a person.
10    (f) It is no defense to a violation of subsection (b) that
11the person violating subsection (b) has attempted to
12domesticate the dangerous animal. If there appears to be
13imminent danger to the public, any dangerous animal found not
14in compliance with the provisions of this Section shall be
15subject to seizure and may immediately be placed in an approved
16facility. Upon the conviction of a person for a violation of
17subsection (b), the animal with regard to which the conviction
18was obtained shall be confiscated and placed in an approved
19facility, with the owner responsible for all costs connected
20with the seizure and confiscation of the animal. Approved
21facilities include, but are not limited to, a zoological park,
22federally licensed exhibit, humane society, veterinary
23hospital or animal refuge.
24    (g) Sentence. Any person violating this Section is guilty
25of a Class C misdemeanor. Any corporation or partnership, any
26officer, director, manager or managerial agent of the

 

 

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1partnership or corporation who violates this Section or causes
2the partnership or corporation to violate this Section is
3guilty of a Class C misdemeanor. Each day of violation
4constitutes a separate offense.
5(Source: P.A. 97-1108, eff. 1-1-13.)".