Full Text of HB3770 102nd General Assembly
HB3770 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3770 Introduced 2/22/2021, by Rep. Barbara Hernandez SYNOPSIS AS INTRODUCED: |
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Amends the Herptiles-Herps Act. Modifies the definition of "special use herptile" and adds "consumptive use" and "herpetoculture" to the definitions in the Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Herptiles-Herps Act is amended by changing | 5 | | Section 1-15 as follows: | 6 | | (510 ILCS 68/1-15)
| 7 | | Sec. 1-15. Definitions. For the purposes of this Act, | 8 | | unless the context clearly requires otherwise, the following | 9 | | terms are defined as: | 10 | | "Administrative rule" means a regulatory measure issued by | 11 | | the Director under this Act. | 12 | | "Authorized law enforcement officer" means all sworn | 13 | | members of the Law Enforcement Division of the Department and | 14 | | those persons specifically granted law enforcement | 15 | | authorization by the Director. | 16 | | "Bona fide scientific or educational institution" means | 17 | | confirming educational or scientific tax-exemption, from the | 18 | | federal Internal Revenue Service or the applicant's national, | 19 | | state, or local tax authority, or a statement of accreditation | 20 | | or recognition as an educational institution.
| 21 | | "Consumptive use" means the removal of a herptile from the | 22 | | wild for personal use, including, but not limited to, as a pet | 23 | | or hobby. |
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| 1 | | "Contraband" means all reptile or amphibian life or any | 2 | | part of reptile or amphibian life taken, bought, sold or | 3 | | bartered, shipped, or held in possession or any conveyance, | 4 | | vehicle, watercraft, or other means of transportation | 5 | | whatsoever, except sealed railroad cars or other sealed common | 6 | | carriers, used to transport or ship any reptile or amphibian | 7 | | life or any part of reptile or amphibian life taken, contrary | 8 | | to this Act, including administrative rules, or used to | 9 | | transport, contrary to this Act, including administrative | 10 | | rules, any of the specified species when taken illegally.
| 11 | | "Culling" means picking out from others and removing | 12 | | rejected members because of inferior quality. | 13 | | "Department" means the Illinois Department of Natural | 14 | | Resources. | 15 | | "Director" means the Director of the Illinois Department | 16 | | of Natural Resources. | 17 | | "Educational program" means a program of organized | 18 | | instruction or study for providing education intended to meet | 19 | | a public need. | 20 | | "Endangered or threatened species" means any species | 21 | | listed as endangered or threatened to the species level on | 22 | | either the Illinois List of Endangered and Threatened Fauna or | 23 | | the federal U.S. Fish and Wildlife Service List of Threatened | 24 | | and Endangered Species. | 25 | | "Herptile" means collectively any amphibian or reptile | 26 | | taxon, whether indigenous to this State or not. |
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| 1 | | "Herpetoculture" means the breeding, hatching, | 2 | | propagation, or raising of indigenous or native herptiles in | 3 | | captivity. | 4 | | "Indigenous or native taxa" means those amphibians and | 5 | | reptiles to the subspecies level that can be found naturally | 6 | | in this State. | 7 | | "Individual" means a natural person. | 8 | | "Medically significant" means a venomous or poisonous | 9 | | species whose venom or toxin can cause death or serious | 10 | | illness or injury in humans that may require emergency room | 11 | | care or the immediate care of a physician. These species are | 12 | | categorized as being "medically significant" or "medically | 13 | | important". | 14 | | "Owner" means an individual who has a legal right to the | 15 | | possession of a herptile. | 16 | | "Person" means any individual, partnership, corporation, | 17 | | organization, trade or professional association, firm, limited | 18 | | liability company, joint venture, or group. | 19 | | "Possession limit" means the maximum number or amount of | 20 | | herptiles that can be lawfully held or possessed by one person | 21 | | at any time. | 22 | | "Possessor" means any person who possesses, keeps, | 23 | | harbors, brings into the State, cares for, acts as a custodian | 24 | | for, has in his or her custody or control, or holds a property | 25 | | right to a herptile. | 26 | | "Reptile show" means any event open to the public, for a |
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| 1 | | fee or without a fee, that is not a licensed pet store, where | 2 | | herptiles or herptiles together with other animals are | 3 | | exhibited, displayed, sold, bought, traded, or otherwise made | 4 | | available for public display. | 5 | | "Resident" means a person who in good faith makes | 6 | | application for any license or permit and verifies by | 7 | | statement that he or she has maintained his or her permanent | 8 | | abode in this State for a period of at least 30 consecutive | 9 | | days immediately preceding the person's application, and who | 10 | | does not maintain permanent abode or claim residency in | 11 | | another state for the purposes of obtaining any of the same or | 12 | | similar licenses or permits under this Act. A person's | 13 | | permanent abode is his or her fixed and permanent dwelling | 14 | | place, as distinguished from a temporary or transient place of | 15 | | residence. Domiciliary intent is required to establish that | 16 | | the person is maintaining his or her permanent abode in this | 17 | | State. Evidence of domiciliary intent includes, but is not | 18 | | limited to, the location where the person votes, pays personal | 19 | | income tax, or obtains a drivers license. Any person on active | 20 | | duty in the Armed Forces shall be considered a resident of | 21 | | Illinois during his or her period of military duty. | 22 | | "Special use herptile" means any taxon of amphibian or | 23 | | reptile for which a Herptile Special Use permit is required | 24 | | for acquisition and possession . | 25 | | "Take" means possess, collect, catch, detain, hunt, shoot, | 26 | | pursue, lure, kill, destroy, capture, gig or spear, trap or |
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| 1 | | ensnare, harass, or an attempt to do so.
| 2 | | "Transport" or "ship" means to convey by parcel post, | 3 | | express, freight, baggage, or shipment by common carrier or | 4 | | any description; by automobile, motorcycle, or other vehicle | 5 | | of any kind; by water or aircraft of any kind; or by any other | 6 | | means of transportation.
| 7 | | "Turtle farming" means the act of breeding, hatching, | 8 | | raising, selling turtles, or any combination commercially for | 9 | | the purpose of providing turtles, turtle eggs, or turtle parts | 10 | | to pet suppliers, exporters, and food industries. | 11 | | "Wildlife sanctuary" means any non-profit organization | 12 | | that: (1) is exempt from taxation under the federal Internal | 13 | | Revenue Code and is currently confirmed as tax exempt by the | 14 | | federal Internal Revenue Service; (2) operates a place of | 15 | | refuge where wild animals are provided care for their lifetime | 16 | | or released back to their natural range; (3) does not conduct | 17 | | activities on animals in its possession that are not inherent | 18 | | to the animal's nature; (4) does not use animals in its | 19 | | possession for entertainment; (5) does not sell, trade, or | 20 | | barter animals in its possession or parts of those animals; | 21 | | and (6) does not breed animals in its possession.
| 22 | | (Source: P.A. 98-752, eff. 1-1-15 .)
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