Full Text of SB2362 98th General Assembly
SB2362sam002 98TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 4/15/2013
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| 1 | | AMENDMENT TO SENATE BILL 2362
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing | 3 | | everything 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 | 6 | | Herptiles-Herps Act of 2013. | 7 | | Section 1-5. Purpose. For purposes of this Act, reptiles | 8 | | and amphibians shall be exempt from the definition of "aquatic | 9 | | life" under Section 1-20 of the Fish and Aquatic Life Code. All | 10 | | rules and enforcement actions under the Illinois Conservation | 11 | | Law and the dangerous animals provisions in Section 48-10 of | 12 | | the Criminal Code of 2012 related to reptiles and amphibians | 13 | | shall be covered exclusively by this Act. | 14 | | Section 1-10. Administrative agency. This Act shall be |
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| 1 | | administered and under the direction of the Department of | 2 | | Natural Resources. | 3 | | Section 1-15. Home rule. A municipality or county may adopt | 4 | | an ordinance governing amphibian and reptile species that is | 5 | | more restrictive than this Act. | 6 | | Section 1-20. Definitions. For the purposes of this Act, | 7 | | unless the context clearly requires otherwise the following | 8 | | terms are defined as: | 9 | | "Administrative rule" means a regulatory measure issued by | 10 | | the Director under this Act. | 11 | | "Authorized law enforcement officer" means all sworn | 12 | | members of the Law Enforcement Division of the Department and | 13 | | those persons specifically granted law enforcement | 14 | | authorization by the Director. | 15 | | "Bonafide scientific or educational institution" means | 16 | | confirming educational or scientific tax-exemption, from the | 17 | | federal Internal Revenue Service or the applicant's national, | 18 | | state, or local tax authority; or a statement of accreditation | 19 | | or recognition as an educational institution.
| 20 | | "Contraband" means all reptile or amphibian life or any | 21 | | part of reptile or amphibian life taken, bought, sold or | 22 | | bartered, shipped, or held in possession or any conveyance, | 23 | | vehicle, watercraft, or other means of transportation | 24 | | whatsoever, except sealed railroad cars or other sealed common |
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| 1 | | carriers, used to transport or ship any reptile or amphibian | 2 | | life or any part of reptile or amphibian life taken, contrary | 3 | | to this Act, including administrative rules, or used to | 4 | | transport, contrary to this Act, including administrative | 5 | | rules, any of the specified species when taken illegally.
| 6 | | "Culling" means rejecting or discarding. | 7 | | "Department" means the Illinois Department of Natural | 8 | | Resources. | 9 | | "Director" means the Director of the Illinois Department of | 10 | | Natural Resources. | 11 | | "Educational program" means a program of organized | 12 | | instruction or study for providing education, intended to meet | 13 | | a public need. | 14 | | "Endangered or threatened species" means any species | 15 | | listed as endangered or threatened to the species level on | 16 | | either the Illinois List of Endangered and Threatened Fauna or | 17 | | the federal U.S. Fish and Wildlife Service List of Threatened | 18 | | and Endangered Species. | 19 | | "Herptile" means collectively any amphibian or reptile | 20 | | taxa, whether indigenous to this State or not. | 21 | | "Indigenous or native taxa" means those amphibians and | 22 | | reptiles to the subspecies level that can be found naturally in | 23 | | this State. | 24 | | "Individual" means a natural person. | 25 | | "Medically significant" means a venomous or poisonous | 26 | | species whose venom or toxin can cause death or serious illness |
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| 1 | | or injury in humans that may require emergency room care or the | 2 | | immediate care of a physician. These species are categorized as | 3 | | being "medically significant" or "medically important". | 4 | | "Owner" means an individual who has a legal right to the | 5 | | possession of a herptile. | 6 | | "Person" means any individual, partnership, corporation, | 7 | | organization, trade or professional association, firm, limited | 8 | | liability company, joint venture, or group. | 9 | | "Possession limit" means the maximum number or amount of | 10 | | herptiles that can be lawfully held or possessed by one person | 11 | | at any time. | 12 | | "Possessor" means any person who possesses, keeps, | 13 | | harbors, brings into the State, cares for, acts as a custodian | 14 | | for, has in his or her custody or control, or holds a property | 15 | | right to a herptile. | 16 | | "Reptile show" means any event open to the public, for a | 17 | | fee or without a fee, that is not a licensed pet store, where | 18 | | herptiles or herptiles together with other animals are | 19 | | exhibited, displayed, sold, bought, traded, or otherwise made | 20 | | available for public display. | 21 | | "Resident" means a person who in good faith makes | 22 | | application for any license or permit and verifies by statement | 23 | | that he or she has maintained his or her permanent abode in | 24 | | this State for period of at least 30 consecutive days | 25 | | immediately preceding the person's application, and who does | 26 | | not maintain permanent abode or claim residency in another |
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| 1 | | state for the purposes of obtaining any of the same or similar | 2 | | licenses or permits under this Act. A person's permanent abode | 3 | | is his or her fixed and permanent dwelling place, as | 4 | | distinguished from a temporary or transient place of residence. | 5 | | Domiciliary intent is required to establish that the person is | 6 | | maintaining his or her permanent abode in this State. Evidence | 7 | | of domiciliary intent includes, but is not limited to, the | 8 | | location where the person votes, pays personal income tax, or | 9 | | obtains a drivers license. Any person on active duty in the | 10 | | Armed Forces shall be considered a resident of Illinois during | 11 | | his or her period of military duty. | 12 | | "Special use herptile" means any taxa of amphibian or | 13 | | reptile for which a Herptile Special Use permit is required. | 14 | | "Take" means possess, collect, catch, detain, hunt, shoot, | 15 | | pursue, lure, kill, destroy, capture, gig or spear, trap or | 16 | | ensnare, harass, or an attempt to do so.
| 17 | | "Transport" or "ship" means to convey by parcel post, | 18 | | express, freight, baggage, or shipment by common carrier or any | 19 | | description; by automobile, motorcycle, or other vehicle of any | 20 | | kind; by water or aircraft of any kind; or by any other means | 21 | | of transportation.
| 22 | | "Turtle farming" means the act of breeding, hatching, | 23 | | raising, selling turtles, or any combination commercially for | 24 | | the purpose of providing turtles, turtle eggs, or turtle parts | 25 | | to pet suppliers, exporters, and food industries. | 26 | | "Wildlife sanctuary" means any non-profit organization |
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| 1 | | that: (1) is exempt from taxation under the federal Internal | 2 | | Revenue Code and is currently confirmed as tax exempt by the | 3 | | federal Internal Revenue Service; (2) operates a place of | 4 | | refuge where wild animals are provided care for their lifetime | 5 | | or released back to their natural range; (3) does not conduct | 6 | | activities on animals in its possession that are not inherent | 7 | | to the animal's nature; (4) does not use animals in its | 8 | | possession for entertainment; (5) does not sell, trade, or | 9 | | barter animals in its possession or parts of those animals; and | 10 | | (6) does not breed animals in its possession. | 11 | | Section 1-25. Administrative rules. The Department is | 12 | | authorized to adopt administrative rules for carrying out, | 13 | | administering, and enforcing the provisions of this Act. The | 14 | | administrative rules shall be adopted in accordance with the | 15 | | Illinois Administrative Procedure Act. | 16 | | Rules, after becoming effective, shall be enforced in the | 17 | | same manner as other provisions of this Act. It is unlawful for | 18 | | any person to violate any provision of any administrative rule | 19 | | adopted by the Department. Violators of administrative rules | 20 | | are subject to the penalties in this Act. | 21 | | Section 1-30. Conservation of reptiles and amphibians. The | 22 | | Department shall take all measures necessary for the | 23 | | conservation, distribution, introduction, and restoration of | 24 | | reptiles and amphibians. The Department shall also bring or |
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| 1 | | cause to be brought actions and proceedings, in the name and by | 2 | | the authority of the People of the State of Illinois, to | 3 | | enforce this Act, including administrative rules, and to | 4 | | recover any and all fines and penalties provided for in this | 5 | | Act. Nothing in this Act shall be construed to authorize the | 6 | | Department to change any penalty prescribed by law or to change | 7 | | the amount of license fees or the authority conferred by | 8 | | licenses prescribed by law. The Department is authorized to | 9 | | cooperate with the appropriate Departments of the federal | 10 | | government and other Departments or agencies of State | 11 | | government and educational institutions in conducting surveys, | 12 | | experiments, or work of joint interest or benefit. | 13 | | Section 1-35. Peace officers. All employees of the | 14 | | Department authorized by the Director shall have the power of, | 15 | | and shall be, peace officers in the enforcement of this Act, | 16 | | including administrative rules, and may carry weapons as may be | 17 | | necessary in the performance of his or her duties. | 18 | | Section 1-40. Arrests; warrants. All authorized employees | 19 | | of the Department and all sheriffs, deputy sheriffs, and other | 20 | | police officers shall arrest any person detected in violation | 21 | | of any of the provisions of this Act, including administrative | 22 | | rules. Any duly accredited officer of the federal Fish and | 23 | | Wildlife Service and U.S. Forest Service may arrest any person | 24 | | detected in violation of any of the provisions of this Act, |
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| 1 | | including administrative rules. | 2 | | All officers shall make prompt investigation of any | 3 | | violation of this Act, including administrative rules, | 4 | | reported by any other persons and shall cause a complaint to be | 5 | | filed when there seems just ground for a complaint and evidence | 6 | | procurable to support the complaint. | 7 | | Upon the filing of a complaint, the officers shall render | 8 | | assistance in the prosecution of the party against whom the | 9 | | complaint is made. | 10 | | Peace officers, other than employees of the Department, | 11 | | making arrests and serving warrants provided for by this Act | 12 | | shall receive the fees and mileage as provided for by law for | 13 | | sheriffs. | 14 | | Each duly accredited officer and authorized employee of the | 15 | | Department is empowered to execute and serve all warrants and | 16 | | processes issued by the circuit court. | 17 | | Section 1-45. Prosecutions; State's Attorneys. All | 18 | | prosecutions shall be brought in the name and by the authority | 19 | | of the People of the State of Illinois before the circuit court | 20 | | for the county where the offense was committed. | 21 | | All State's Attorneys shall enforce the provisions of this | 22 | | Act, including administrative rules, in his or her respective | 23 | | county and shall prosecute all persons charged with violating | 24 | | its provisions when requested by the Department. |
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| 1 | | Section 1-50. Statute of limitations. All prosecutions | 2 | | under this Act shall be commenced within 2 years after the time | 3 | | the offense charged was committed. | 4 | | Section 1-55. Collection of fines. All fines provided for | 5 | | by this Act shall be collected and remitted to the Department's | 6 | | Wildlife and Fish Fund, within 30 days after the collection of | 7 | | the fine, by the clerk of the circuit court collecting the | 8 | | fines who shall submit at the same time to the Department a | 9 | | statement of the names of the persons so fined and the name of | 10 | | the arresting officer, the offense committed, the amount of the | 11 | | fine, and the date of the conviction. | 12 | | Section 1-60. Power of entry and examination; access to | 13 | | lands and waters. Authorized employees of the Department are | 14 | | empowered, under law, to enter all lands and waters to enforce | 15 | | this Act. Authorized employees are further empowered to examine | 16 | | all buildings, private or public clubs (except dwellings), fish | 17 | | markets, reptile shows, pet stores, camps, vessels, cars | 18 | | (except sealed railroad cars or other sealed common carriers), | 19 | | conveyances, vehicles, water craft, or any other means of | 20 | | transportation or shipping, tents, bags, pillow cases, coats, | 21 | | jackets, or other receptacles and to open any box, barrel, | 22 | | package, or other receptacle in the possession of a common | 23 | | carrier, that they have reason to believe contains reptile or | 24 | | amphibian life or any part of reptile or amphibian life taken, |
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| 1 | | bought, sold or bartered, shipped, or had in possession | 2 | | contrary to this Act, including administrative rules, or that | 3 | | the receptacle containing the reptile or amphibian is falsely | 4 | | labeled. | 5 | | Authorized employees of the Department shall be given free | 6 | | access to and shall not be hindered or interfered with in | 7 | | making an entry and examination. Any permit or license held by | 8 | | a person preventing free access or interfering with or | 9 | | hindering an employee shall not be issued to that person for | 10 | | the period of one year after his or her action. | 11 | | Employees of the Department as specifically authorized by | 12 | | the Director are empowered to enter all lands and waters for | 13 | | the purpose of reptile or amphibian investigations, State and | 14 | | federal permit inspections, as well as reptile or amphibian | 15 | | censuses or inventories, and are further empowered to conduct | 16 | | examination of equipment and devices in the field, under law, | 17 | | to ensure compliance with this Act. | 18 | | Section 1-65. Prima facie evidence; confiscation. The | 19 | | possession of any reptile or amphibian life or any part of | 20 | | reptile or amphibian life protected under this Act is prima | 21 | | facie evidence that the reptile or amphibian life or any part | 22 | | of reptile or amphibian life is subject to the provisions of | 23 | | this Act, including administrative rules. | 24 | | Whenever the contents of any box, barrel, package, or | 25 | | receptacle consists partly of contraband and partly of legal |
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| 1 | | reptile or amphibian life or any part of reptile or amphibian | 2 | | life, the entire contents of the box, barrel, or package, or | 3 | | other receptacle are subject to confiscation. | 4 | | Whenever a person has in his or her possession in excess of | 5 | | the number of reptile or amphibian life or any parts of reptile | 6 | | or amphibian life permitted under this Act, including | 7 | | administrative rules, the entire number of reptile or amphibian | 8 | | life or any parts of reptile or amphibian life in his or her | 9 | | possession is subject to confiscation. | 10 | | Section 1-70. Search and seizure. Whenever any authorized | 11 | | employee of the Department, sheriff, deputy sheriff, or other | 12 | | peace office of the State has reason to believe that any | 13 | | person, owner, possessor, commercial institution, pet store, | 14 | | or reptile show vendor or attendee possesses any reptile or | 15 | | amphibian life or any part of reptile or amphibian life | 16 | | contrary to the provisions of this Act, including | 17 | | administrative rules, he or she may file, or cause to be filed, | 18 | | a sworn complaint to that effect before the circuit court and | 19 | | procure and execute a search warrant. Upon execution of the | 20 | | search warrant, the officer executing the search warrant shall | 21 | | make due return of the search warrant to the court issuing the | 22 | | search warrant, together with an inventory of all the reptile | 23 | | or amphibian life or any part of reptile or amphibian life | 24 | | taken under the search warrant. The court shall then issue | 25 | | process against the party owning, controlling, or transporting |
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| 1 | | the reptile or amphibian life or any part of reptile or | 2 | | amphibian life seized, and upon its return shall proceed to | 3 | | determine whether or not the reptile or amphibian life or any | 4 | | part of reptile or amphibian life was held, possessed, or | 5 | | transported in violation of this Act, including administrative | 6 | | rules. In case of a finding that the reptile or amphibian life | 7 | | was illegally held, possessed, transported, or sold, a judgment | 8 | | shall be entered against the owner or party found in possession | 9 | | of the reptile or amphibian life or any part of reptile or | 10 | | amphibian life for the costs of the proceeding and providing | 11 | | for the disposition of the property seized, as provided for by | 12 | | this Act. | 13 | | Section 1-75. Obstructing an officer. It shall be unlawful | 14 | | for any person to resist or obstruct any officer or employee of | 15 | | the Department in the discharge of his or her duties under this | 16 | | Act. Any person who violates this provision is guilty of a | 17 | | Class A misdemeanor. | 18 | | Section 1-80. Posing as an officer or employee. It shall be | 19 | | unlawful for any person to represent himself or herself falsely | 20 | | to be an officer or employee of the Department or to assume to | 21 | | act as an officer or employee of the Department without having | 22 | | been duly appointed and employed. Any person who violates this | 23 | | provision is guilty of a Class A misdemeanor. |
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| 1 | | Section 1-85. Confiscation of contraband. All reptile or | 2 | | amphibian life or any part of reptile or amphibian life taken, | 3 | | bought, sold or bartered, shipped, or had in possession | 4 | | contrary to any of the provisions of this Act, including | 5 | | administrative rules, is contraband and subject to seizure and | 6 | | confiscation by any authorized employee of the Department. | 7 | | Contraband reptile or amphibian life or any part of reptile | 8 | | or amphibian life seized and confiscated shall be disposed of | 9 | | as directed by the Department. | 10 | | Section 1-90. Illegal collecting devices; public nuisance. | 11 | | Every collecting device, including seines, nets, traps, pillow | 12 | | cases, bags, snakes hooks or tongs, or any electrical device or | 13 | | any other devices including vehicles or conveyance, | 14 | | watercraft, or aircraft used or operated illegally or attempted | 15 | | to be used or operated illegally by any person in taking, | 16 | | transporting, holding, or conveying any reptile or amphibian | 17 | | life, or any part of reptile or amphibian life contrary to this | 18 | | Act, including administrative rules, shall be deemed a public | 19 | | nuisance and therefore illegal and subject to seizure and | 20 | | confiscation by any authorized employee of the Department. Upon | 21 | | the seizure of this item the Department shall take and hold the | 22 | | item until disposed of as provided in this Act. | 23 | | Upon the seizure of any device because of its illegal use, | 24 | | the officer or authorized employee of the Department making the | 25 | | seizure shall, as soon as reasonably possible, cause a |
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| 1 | | complaint to be filed before the circuit court and a summons to | 2 | | be issued requiring the owner or person in possession of the | 3 | | property to appear in court and show cause why the device | 4 | | seized should not be forfeited to the State. Upon the return of | 5 | | the summons duly served or upon posting or publication of | 6 | | notice as provided in this Act, the court shall proceed to | 7 | | determine the question of the illegality of the use of the | 8 | | seized property. Upon judgment being entered that the property | 9 | | was illegally used, an order shall be entered providing for the | 10 | | forfeiture of the seized property to the State. The owner of | 11 | | the property may have a jury determine the illegality of its | 12 | | use and shall have the right of an appeal as in other civil | 13 | | cases. Confiscation or forfeiture shall not preclude or | 14 | | mitigate against prosecution and assessment of penalties | 15 | | provided in Article 90 of this Act. | 16 | | Upon seizure of any property under circumstances | 17 | | supporting a reasonable belief that the property was abandoned, | 18 | | lost, stolen, or otherwise illegally possessed or used contrary | 19 | | to this Act, except property seized during a search or arrest, | 20 | | and ultimately returned, destroyed, or otherwise disposed of | 21 | | under order of a court in accordance with this Act, the | 22 | | authorized employee of the Department shall make reasonable | 23 | | inquiry and efforts to identify and notify the owner or other | 24 | | person entitled to possession of the property and shall return | 25 | | the property after the person provides reasonable and | 26 | | satisfactory proof of his or her ownership or right to |
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| 1 | | possession and reimburses the Department for all reasonable | 2 | | expenses of custody. If the identity or location of the owner | 3 | | or other person entitled to possession of the property has not | 4 | | been ascertained within 6 months after the Department obtains | 5 | | possession, the Department shall effectuate the sale of the | 6 | | property for cash to the highest bidder at a public auction. | 7 | | The owner or other person entitled to possession of the | 8 | | property may claim and recover possession of the property at | 9 | | any time before its sale at public auction upon providing | 10 | | reasonable and satisfactory proof of ownership or right of | 11 | | possession and reimbursing the Department for all reasonable | 12 | | expenses of custody. | 13 | | Any property forfeited to the State by court order under | 14 | | this Section may be disposed of by public auction, except that | 15 | | any property that is the subject of a court order shall not be | 16 | | disposed of pending appeal of the order. The proceeds of the | 17 | | sales at auction shall be deposited in the Wildlife and Fish | 18 | | Fund. | 19 | | The Department shall pay all costs of posting or | 20 | | publication of notices required by this Section. | 21 | | Section 1-95. Violations; separate offenses. Each act of | 22 | | pursuing, taking, shipping, offered or received for shipping, | 23 | | offering or receiving for shipment, transporting, buying, | 24 | | selling or bartering, or having in one's possession any | 25 | | protected reptile or amphibian life or any part of reptile or |
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| 1 | | amphibian life, seines, nets, bags, snake hooks or tongs, or | 2 | | other devices used or to be used in violation of this Act, | 3 | | including administrative rules, constitutes a separate | 4 | | offense. | 5 | | Section 1-100. Accessory to violation. Any person who aids | 6 | | in or contributes in any way to a violation of this Act, | 7 | | including administrative rules, is individually liable, as a | 8 | | separate offense under this Act, for the penalties imposed | 9 | | against the person who committed the violation. | 10 | | Section 1-105. Permit fraudulently obtained. No person | 11 | | shall at any time: | 12 | | (1) falsify, alter, or change in any manner, or provide | 13 | | deceptive or false information required for any permit issued | 14 | | under the provisions of this Act; | 15 | | (2) falsify any record required by this Act; | 16 | | (3) counterfeit any form of permit provided for by this | 17 | | Act; | 18 | | (4) loan or transfer to another person any permit issued | 19 | | under this Act; or | 20 | | (5) use any permit issued to another person under this Act. | 21 | | It is unlawful to possess any permit issued under the | 22 | | provisions of this Act that was fraudulently obtained or which | 23 | | the person or permittee knew, or should have known, was | 24 | | falsified, altered, changed in any manner, or fraudulently |
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| 1 | | obtained.
| 2 | | The Department shall revoke all permits and suspend all | 3 | | privileges under this Act of any person violating this Section | 4 | | for a period of not less than 3 years. The procedures for | 5 | | suspension under this Section shall be as provided for in | 6 | | administrative rule. Anyone who violates a provision of this | 7 | | Section shall be guilty of a Class A misdemeanor.
| 8 | | Section 1-110. Wildlife and Fish Fund; disposition of money | 9 | | received. All fees, fines, income of whatever kind or nature | 10 | | derived from reptile and amphibian activities regulated by this | 11 | | Act on lands, waters, or both under the jurisdiction or control | 12 | | of the Department and all penalties collected under this Act | 13 | | shall be deposited into the State Treasury and shall be set | 14 | | apart in a special fund known as the Wildlife and Fish Fund. | 15 | | Section 1-115. Ownership and title of wild indigenous | 16 | | reptiles and amphibians. The ownership of and title to all wild | 17 | | indigenous reptile and amphibian life within the boundaries of | 18 | | the State, are hereby declared to be in the State, and no wild | 19 | | indigenous reptile and amphibian life shall be taken or killed, | 20 | | in any manner or at any time, unless the person or persons | 21 | | taking or killing the wild indigenous reptile and amphibian | 22 | | life shall consent that the title to the wild indigenous | 23 | | reptile and amphibian life shall be and remain in the State for | 24 | | the purpose of regulating the taking, killing, possession, use, |
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| 1 | | sale, and transportation of wild indigenous reptile and | 2 | | amphibian life after taking or killing, as set forth in this | 3 | | Act. | 4 | | The regulation and licensing of the taking of wild | 5 | | indigenous reptile and amphibian life in the State are | 6 | | exclusive powers and functions of the State. A home rule unit | 7 | | may not regulate or license the taking of wild indigenous | 8 | | reptile and amphibian life. This Section is a denial and | 9 | | limitation of home rule powers and functions under subsection | 10 | | (h) of Section 6 of Article VII of the Illinois Constitution. | 11 | | Section 1-120. Application. This Act shall apply to reptile | 12 | | and amphibian life or any part of reptile and amphibian life | 13 | | (i) in or from any of the waters or lands wholly within the | 14 | | boundaries of the State or over which the State has concurrent | 15 | | jurisdiction with any other state or (ii) which may be | 16 | | possessed in or brought into the State. | 17 | | Section 1-125. Taking on private property. It is unlawful | 18 | | for any person to take, or attempt to take any species of | 19 | | reptile or amphibian, or parts thereof, within or upon the land | 20 | | of another, or upon waters flowing over or standing on the land | 21 | | of another, without first obtaining permission from the owner | 22 | | or the owner's designee. For the purposes of this Section, the | 23 | | owner's designee means anyone who the owner designates in a | 24 | | written authorization and the authorization must contain (i) |
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| 1 | | the legal or common description of property for which the | 2 | | authority is given, (ii) the extent that the owner's designee | 3 | | is authorized to make decisions regarding who is allowed to | 4 | | take or attempt to take any species of reptiles or amphibians, | 5 | | or parts thereof, and (iii) the owner's notarized signature. | 6 | | Before enforcing this Section the law enforcement officer must | 7 | | have received notice from the owner or the owner's designee of | 8 | | a violation of this Section. Statements made to a law | 9 | | enforcement officer regarding this notice shall not be rendered | 10 | | inadmissible by the hearsay rule when offered for the purpose | 11 | | of showing the required notice. Any person who violates this | 12 | | Section shall be guilty of a Class B misdemeanor. | 13 | | Section 1-130. Financial value of herptiles. | 14 | | (a) For purposes of this Section, the financial value of | 15 | | all reptiles and amphibians described under this Act taken, | 16 | | possessed, or used in violation of this Act, whether in whole | 17 | | or in part, is as follows: | 18 | | (1) for processed turtle parts, $8 for each pound or | 19 | | fraction of a pound; for each non-processed turtle, $15 per | 20 | | whole turtle or fair market value, whichever is greater;
| 21 | | (2) for frogs, toads, salamanders, lizards, and | 22 | | snakes, $5 per herptile or fair market value, whichever is | 23 | | greater in whole or in part unless specified as a special | 24 | | use herptile; | 25 | | (3) for any special use herptile, the value shall be no |
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| 1 | | less than $250 per special use herptile or fair market | 2 | | value, whichever is greater; and | 3 | | (4) any person who, for profit or commercial purposes, | 4 | | knowingly captures or kills, possesses, offers for sale, | 5 | | sells, offers to barter, barters, offers to purchase, | 6 | | purchases, delivers for shipment, ships, exports, imports, | 7 | | causes to be shipped, exported, or imported, delivers for | 8 | | transportation, transports, or causes to be transported, | 9 | | carriers or causes to be carried, or receives for shipment, | 10 | | transportation, carriage, or export any reptile or | 11 | | amphibian life, in part or in whole of any of the reptiles | 12 | | and amphibians protected by this Act, and that reptile or | 13 | | amphibian life, in whole or in part, is valued at or in | 14 | | excess of a total of $300 or fair market value, whichever | 15 | | is greater, as per value specified in paragraphs (1), (2), | 16 | | and (3) of this subsection commits a Class 3 felony.
| 17 | | (b) The trier of fact may infer that a person "knowingly | 18 | | possesses" a reptile or amphibian, in whole or in part, | 19 | | captured or killed in violation of this Act, valued at or in | 20 | | excess of $600, as per value specified in paragraphs (1), (2), | 21 | | and (3) of subsection (a) of this Section.
| 22 | | ARTICLE 5. INDIGENOUS OR | 23 | | NATIVE HERPTILE TAXA | 24 | | Section 5-5. Possession limits. |
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| 1 | | (a) The possession limit for indigenous amphibian and | 2 | | reptile taxa (excluding common snapping turtles and bullfrogs) | 3 | | is 8 total collectively with no more than 4 per taxa. Captive | 4 | | born offspring of a legally held reptile or amphibian, not | 5 | | intended for commercial purposes, is exempt from the possession | 6 | | limits for a period of 30 days. Young of gravid wild-collected | 7 | | amphibians and reptiles shall be released at site of adult | 8 | | capture after birth.
| 9 | | (b) Only residents may possess herptiles collected from the | 10 | | wild within this State under a valid sport fishing license; | 11 | | non-residents may not possess herptiles collected from the wild | 12 | | within this State except for scientific purposes, with a | 13 | | Herptile Scientific Collection permit.
| 14 | | (c) All herptile species (other than bullfrogs and common | 15 | | snapping turtles) may be captured by hand. This shall not | 16 | | restrict the use of legally taken herptiles as bait by anglers. | 17 | | Any captured herptiles that are not to be retained in the | 18 | | possession of the captor shall be immediately released at the | 19 | | site of capture, unless taken with a lethal method such as bow | 20 | | and arrow, gig, spear, or pitchfork which does not permit | 21 | | release without harm. All common snapping turtles and bullfrogs | 22 | | taken for personal consumption must be kept and counted in the | 23 | | daily catch creel or bag. No culling of these 2 species for | 24 | | personal consumption is permitted.
| 25 | | (d) The trier of fact may infer that a person is collecting | 26 | | from the wild within this State if he or she possesses |
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| 1 | | indigenous reptiles or amphibians, in whole or in part, if no | 2 | | documentation exists stating that the animals were legally | 3 | | collected from the wild outside of this State.
| 4 | | (e) Residents may possess a total of 8 native herp | 5 | | specimens collectively, with no more than 4 per taxa, without | 6 | | obtaining and possessing either a Herptile Scientific | 7 | | Collection permit or Herpetoculture permit from the | 8 | | Department, regardless of the origin of the species. A sport | 9 | | fishing license is required for residents to legally collect | 10 | | any native herp taxa on private land, with the landowner's | 11 | | permission. Collecting herptiles on public lands shall require | 12 | | additional permits.
| 13 | | (f) Any resident wishing to possess more than his or her | 14 | | allowed possession limit, shall first apply to the Department | 15 | | for a Herptile Scientific Collection permit or Herpetoculture | 16 | | permit to do so. Issuance, modification, or denial of any and | 17 | | all of these permits shall be at the sole discretion of the | 18 | | Department.
| 19 | | (g) Due to the similarity of appearance (S/A) of certain | 20 | | intergrade or hybrid specimens, the Department retains the | 21 | | authority to enforce any and all provisions under this Act. | 22 | | Specimens determined by the Department, or its agents, to fit | 23 | | into this S/A category shall receive all benefits of this Act, | 24 | | as well as the Illinois Endangered Species Protection Act if | 25 | | applicable, and shall be included in an individual's overall | 26 | | possession limit.
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| 1 | | Section 5-10. Commercialization; herpetoculture. | 2 | | (a) It is unlawful to take, possess, buy, sell, offer to | 3 | | buy or sell or barter any reptile, amphibian, or their eggs, | 4 | | any resulting offspring, or parts taken from the wild in this | 5 | | State for commercial purposes unless otherwise authorized by | 6 | | law.
| 7 | | (b) The trier of fact may infer that a person is collecting | 8 | | from the wild within this State for commercial purposes if he | 9 | | or she possesses indigenous reptiles or amphibians, in whole or | 10 | | in part, for which no documentation exists stating that the | 11 | | animals were legally collected from the wild outside this | 12 | | State. | 13 | | (c) Due to the similarity of appearance (S/A) of certain | 14 | | intergrade or hybrid specimens, the Department retains the | 15 | | authority to enforce any and all provisions under this Act. | 16 | | Specimens determined by the Department, or its agents, to fit | 17 | | into this S/A category shall receive all benefits of this Act, | 18 | | as well as the Illinois Endangered Species Protection Act if | 19 | | applicable, and shall be included in an individual's overall | 20 | | possession limit.
| 21 | | (d) A valid, Department issued Herpetoculture permit shall | 22 | | apply only to indigenous herp taxa. A Herpetoculture permit | 23 | | shall not be required in order to commercialize non-indigenous | 24 | | herp 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 | 2 | | are disturbed in the course of searching for reptiles and | 3 | | amphibians shall be returned to as near its original position | 4 | | and condition as possible, for example overturned stones and | 5 | | logs 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 | 8 | | listed in the Illinois Endangered Species Protection Act or | 9 | | subsequent administrative rules, except as provided by that | 10 | | Act.
| 11 | | (b) Any Department permitted threatened or endangered | 12 | | (T/E) herptile species shall be exempt from an individual's | 13 | | overall possession under the permitting system set forth in | 14 | | this Act. However, any and all T/E specimens shall be | 15 | | officially recorded with the Department's Endangered Species | 16 | | Conservation Program. Any species occurring on the federal T/E | 17 | | list also requires a Department permit for possession, | 18 | | propagation, sale, or offer for sale unless otherwise permitted | 19 | | through the Department.
| 20 | | (c) Due to the similarity of appearance (S/A) of certain | 21 | | intergrade or hybrid specimens, the Department retains the | 22 | | authority to enforce any and all provisions under this Act. | 23 | | Specimens determined by the Department, or agents, to fit into | 24 | | this S/A category shall receive all benefits of this Act, as | 25 | | well as the Illinois Endangered Species Protection Act if |
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| 1 | | applicable, and shall be included in an individual's overall | 2 | | possession limit.
| 3 | | (d) Federally licensed exhibits shall not be exempt from | 4 | | the Illinois Endangered Species Protection Act.
| 5 | | (e) Any changes in T/E permit numbers for herptiles by | 6 | | current, existing permit holders shall be reported to the | 7 | | Department in writing no later than the first business day | 8 | | after that change occurred. Requests for permits by any | 9 | | resident acquiring a T/E species who is not permitted shall not | 10 | | be issued after-the-fact.
| 11 | | (f) Annual reports are due by January 31 of each year for | 12 | | the preceding year's activities. Failure to submit the annual | 13 | | report by the due date shall result in a permit violation.
| 14 | | (g) An annual fee for herptile T/E species permits, per | 15 | | permittee, shall be set by administrative rule.
| 16 | | (h) Procedures for sales and acquisition of T/E herptile | 17 | | species shall be set forth in administrative rule.
| 18 | | (i) Record keeping requirements for T/E herptile species | 19 | | shall be set forth in administrative rule.
| 20 | | Section 5-25. Taking of snakes. Unless otherwise provided | 21 | | in this Act, any non-threatened or non-endangered snake may be | 22 | | taken by the owners or bonafide tenants of lands actually | 23 | | residing on the lands and their children, parents, brothers, | 24 | | and sisters permanently residing with them. |
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| 1 | | Section 5-30. Taking of turtles or bullfrogs; illegal | 2 | | devices. | 3 | | (a) No person shall take turtles or bullfrogs by commercial | 4 | | fishing devices, including dip nets, hoop nets, traps, or | 5 | | seines, or by the use of firearms, airguns, or gas guns. | 6 | | Turtles may be taken only by hand or means of hook and line. | 7 | | (b) Bullfrog; common snapping turtle; open season. | 8 | | (1) All individuals taking bullfrogs shall possess a | 9 | | valid sport fishing license and may take bullfrogs only | 10 | | during the open season to be specified by administrative | 11 | | rule. Bullfrogs may only be taken by hook and line, gig, | 12 | | pitchfork, spear, bow and arrow, hand, or landing net.
| 13 | | (2) The daily catch limit and total possession limit | 14 | | for all properly licensed persons shall be specified by | 15 | | administrative rule.
| 16 | | (3) All persons taking common snapping turtles shall | 17 | | possess a valid sport fishing license and may take common | 18 | | snapping turtles only during the open season to be | 19 | | specified by administrative rule. Common snapping turtles | 20 | | (Chelydra serpentina) may be taken only by hand, hook and | 21 | | line, or bow and arrow, except in the counties listed in | 22 | | Section 5-35 where bowfishing for common snapping turtles | 23 | | is not allowed.
| 24 | | (4) The daily catch limit and total possession limit | 25 | | for all properly licensed persons shall be specified by | 26 | | administrative rule. |
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| 1 | | (c) The alligator snapping turtle (Macrochelys temminckii) | 2 | | is protected and may not be taken by any method including, but | 3 | | not limited to, any sport fishing method.
| 4 | | Section 5-35. Areas closed to the taking of reptiles and | 5 | | amphibians. Unless otherwise allowed by law or administrative | 6 | | rule, the taking of reptiles and amphibians at any time and by | 7 | | any method is prohibited in the following areas:
| 8 | | The LaRue-Pine Hills or Otter Pond Research Natural Area in | 9 | | Union County. The closed area shall include the Research | 10 | | Natural Area as designated by the U.S. Forest Service and | 11 | | the right-of-way of Forest Road 345 with Forest Road 236 to | 12 | | the intersection of Forest Road 345 with the Missouri | 13 | | Pacific railroad tracks.
| 14 | | In the following counties bowfishing for common snapping | 15 | | turtles is not permitted: Randolph, Perry, Franklin, Hamilton, | 16 | | White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, | 17 | | Pope, Hardin, Massac, Pulaski, and Alexander, or in any | 18 | | additional counties added through administrative rule.
| 19 | | Section 5-40. Additional protective regulations. | 20 | | (a) Except as otherwise allowed by law or administrative | 21 | | rule, taking of the following species of reptiles and | 22 | | amphibians is prohibited:
| 23 | | Copperbelly water snake (Nerodia erythrogaster neglecta) | 24 | | in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson, |
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| 1 | | Lawrence, Massac, Pope, Pulaski, Richland, Rock Island, | 2 | | Saline, Wabash, Wayne, and White counties.
| 3 | | (b) Under this Act, the copperbelly water snake shall be | 4 | | treated as a listed threatened or endangered species within | 5 | | this State. The copperbelly water snakes shall receive all | 6 | | protection benefits and incidental take regulations as | 7 | | described under the Illinois Endangered Species Protection | 8 | | Act. | 9 | | (c) Because the range of the 2 subspecies of Nerodia | 10 | | erythrogaster overlap in southern Illinois, and the meristic | 11 | | characters that separate these 2 subspecies is often | 12 | | problematic, the Department retains the authority to classify | 13 | | water snake specimens as similar in appearance (S/A) to the | 14 | | subspecies: neglecta. Specimens determined by the Department, | 15 | | or its agents, to fit into this neglecta S/A category shall | 16 | | receive all benefits of this Act, as well as the Illinois | 17 | | Endangered Species Protection Act.
| 18 | | Section 5-45. Translocation and release of herptiles. | 19 | | (a) No herptile indigenous species may be moved, | 20 | | translocated, or populations repatriated within this State | 21 | | without approval of the Department, after review of a proposal | 22 | | complete with long-term monitoring plan at least 5 years | 23 | | post-release.
| 24 | | (b) It shall be unlawful to intentionally or negligently | 25 | | release any non-indigenous herptile species into this State.
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| 1 | | ARTICLE 10. VENOMOUS REPTILES | 2 | | Section 10-5. Venomous reptile defined. Venomous reptiles | 3 | | include, but are not limited to, any medically significant | 4 | | venomous species of the families or genera of the Order | 5 | | Squamata: Helodermatidae, such as gila monsters and beaded | 6 | | lizards; Elapidae, such as cobras and coral snakes; | 7 | | Hydrophiidae, such as sea snakes; Viperidae and Crotalinae, | 8 | | such as vipers and pit vipers; Atractaspididae, such as | 9 | | burrowing asps; Colubridae in the following genera that shall | 10 | | be determined by administrative rule: West Indian racers | 11 | | (Alsophis); boigas and mangrove snakes (Boiga); road guarders | 12 | | (Conophis); Boomslangs (Dispholidus); false water cobras | 13 | | (Hydrodynastes); varied or hooded keelbacks (Macropisthodon); | 14 | | Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes | 15 | | (Malpolon); kukri snakes (Oligodon); collared snakes | 16 | | (Phalotris); palm snakes or green racers (Philodryas); sand | 17 | | snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked | 18 | | snakes (Rhamphiophis); twig snakes (Thelotornis); black tree | 19 | | snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes | 20 | | (Waglerophis); false fer-de-lances (Xenodon); specimens or | 21 | | eggs of the brown tree snake (Boiga irregularis); and any other | 22 | | species added through legislative process designated. | 23 | | Section 10-10. Surgically altered venomous reptiles. It is |
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| 1 | | not a defense to a violation of Article 65 that the person | 2 | | violating that Article has had the venomous reptile surgically | 3 | | altered to render it harmless. | 4 | | Section 10-15. Venomous reptile permit requirements. In | 5 | | addition to those requirements listed in Articles 60 and 65 of | 6 | | this Act, Herptile Special Use permits may be issued to | 7 | | residents using approved venomous reptile species only for | 8 | | bonafide educational programs, following an inspection and | 9 | | approval of the proposed facilities. A minimum of 6 documented | 10 | | programs shall be required of each permittee per calendar year. | 11 | | Unless addressed or exempted by administrative rule, annual | 12 | | permit renewal must be accompanied by a non-refundable fee as | 13 | | set by the Department by administrative rule and documented | 14 | | proof of educational programs completed on the recipient's | 15 | | letterhead. Prospective permittees must have 250 documented | 16 | | hours of experience with venomous reptiles. The Department or | 17 | | the Department of Agriculture reserves the right to inspect | 18 | | permittees and facilities during reasonable hours. Additions | 19 | | to permits must be approved prior to acquisition of additional | 20 | | venomous reptiles, and any changes shall be reported to the | 21 | | Department in writing no later than the first business day | 22 | | after that change occurred. | 23 | | Section 10-20. Approved venomous reptiles. Permittees may | 24 | | keep legally obtained venomous reptile specimens native to the |
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| 1 | | United States, except the following species: Eastern | 2 | | diamondback rattlesnakes (Crotalus adamanteus); Western | 3 | | diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes | 4 | | (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus | 5 | | oreganus helleri); Eastern and Texas coral snakes (Micrurus | 6 | | fulvius); Sonoran coral snakes (Micruroides euryxanthus); and | 7 | | timber/canebrake rattlesnakes (Crotalus horridus) from the | 8 | | southern portions of their range (Oklahoma, southern Arkansas, | 9 | | Louisiana, and also southeastern South Carolina south through | 10 | | eastern Georgia to northern Florida), known as "Type A" and | 11 | | containing canebrake toxin. | 12 | | Except for Boomslangs (Dispholidus), twig snakes | 13 | | (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green | 14 | | racer (Philodryas olfersii), and brown tree snake (Boiga | 15 | | irregularis) and medically significant snakes in the family | 16 | | Colubridae defined in Section 10-5 of this Article may be | 17 | | possessed by permit. | 18 | | Section 10-25. Maintenance of venomous reptiles. | 19 | | Permittees shall keep approved venomous reptiles in strong | 20 | | escape-proof enclosures that at a minimum are: impact | 21 | | resistant, locked at all times, prominently labeled with the | 22 | | permittee's full name, address, telephone number, list of cage | 23 | | contents by scientific and common names, and a sign labeled | 24 | | "venomous". The signage shall also include the type and | 25 | | location of antivenom and contact information of the person or |
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| 1 | | organization possessing the antivenom. | 2 | | Section 10-30. Educational programs with approved venomous | 3 | | reptiles. Permittees shall keep approved venomous reptiles in | 4 | | strong escape-proof enclosures that at a minimum are: impact | 5 | | resistant, locked at all times, prominently labeled with the | 6 | | permittee's full name, address, telephone number, list of cage | 7 | | contents by scientific and common names, and a sign labeled | 8 | | "venomous". Labeling shall also include the type and location | 9 | | of antivenom and contact information of the person or | 10 | | organization possessing the antivenom. Interiors of enclosures | 11 | | may not be accessible to the public. | 12 | | Section 10-35. Transport of approved venomous reptiles. | 13 | | During transport of any approved venomous reptile, it must be | 14 | | kept out of sight of the public in an escape-proof enclosure at | 15 | | all times that is labeled "venomous". Transport of any venomous | 16 | | reptile to any public venue, commercial establishment, retail | 17 | | establishment, or educational institution shall only be for | 18 | | bonafide educational programs or veterinary care. | 19 | | Section 10-40. Additional regulations. Venomous reptiles | 20 | | shall not be bred, sold, or offered for sale within this State. | 21 | | The Department may approve limited transfers among existing | 22 | | permittees at the sole discretion of the Department. | 23 | | As determined by the Department, non-residents may apply |
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| 1 | | for a permit not to exceed 15 consecutive days to use venomous | 2 | | reptiles in bonafide educational programs. The fee for the | 3 | | permit shall be set by administrative rule, and all fees shall | 4 | | be deposited into the Wildlife and Fish Fund.
| 5 | | ARTICLE 15. BOAS, | 6 | | PYTHONS, AND ANACONDAS | 7 | | Section 15-5. Boas, pythons, and anacondas. Nothing shall | 8 | | prohibit lawfully acquired possession of any of the Boidae | 9 | | family, such as boas, pythons, and anacondas, provided captive | 10 | | maintenance requirements from the Department as set forth in | 11 | | this Act are met. All boas, pythons, and anacondas referenced | 12 | | in this Act are exempt from the permit process, associated | 13 | | annual fee, and liability insurance coverage. | 14 | | Section 15-10. Maintenance of boas, pythons, and | 15 | | anacondas. Any species of boa, python, or anaconda, regardless | 16 | | of length, must be properly maintained in suitable, strong, | 17 | | impact resistant, escape-proof enclosures at all times unless | 18 | | being used for bonafide educational programs or trips for | 19 | | veterinary care. | 20 | | Section 15-15. Educational programs with boas, pythons, | 21 | | and anacondas. During any bonafide educational program | 22 | | involving boas, pythons, or anacondas, the owner or affiliated |
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| 1 | | agent must maintain physical possession of the snake at all | 2 | | times if removed from a container or cage. Interiors of cages | 3 | | or containers used during educational programs may not be | 4 | | accessible to the public. | 5 | | Section 15-20. Transport of boas, pythons, and anacondas. | 6 | | During transport of any boa, python, or anaconda, the snake | 7 | | must be kept out of sight of the public in an escape-proof | 8 | | enclosure at all times.
| 9 | | Section 15-25. Use of boas, pythons, and anacondas at | 10 | | reptile shows. An owner or affiliated agent must have physical | 11 | | possession and control of any boa, python, or anaconda at all | 12 | | times if removed from a container or cage. Uncontained boas, | 13 | | pythons, or anacondas removed from cages for examination or | 14 | | onlooker interaction must be kept confined either behind or at | 15 | | a display table. Interiors of cages or containers may not be | 16 | | accessible to the public. | 17 | | ARTICLE 20. CROCODILIANS | 18 | | Section 20-5. "Crocodilians" means any species of the Order | 19 | | Crocodilia, such as crocodiles, alligators, caimans, and | 20 | | gavials. | 21 | | Section 20-10. Crocodilian permit requirements. In |
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| 1 | | addition to the requirements listed in Articles 60 and 65 of | 2 | | this Act, Herptile Special Use permits may be issued to | 3 | | residents using crocodilian species only for bonafide | 4 | | educational programs, following an inspection and approval of | 5 | | the proposed facilities. A minimum of 6 documented programs | 6 | | shall be required of each permittee per calendar year. Unless | 7 | | addressed or exempted by administrative rule, annual permit | 8 | | renewal must be accompanied by a non-refundable fee as set by | 9 | | the Department and documented proof of educational programs | 10 | | completed on the recipient's letterhead. The Department or the | 11 | | Department of Agriculture reserves the right to inspect of | 12 | | permittees and facilities during reasonable hours. Additions | 13 | | to permits must be approved prior to acquisition of additional | 14 | | crocodilians, and any changes shall be reported to the | 15 | | Department in writing no later than the first business day | 16 | | after that change occurred. | 17 | | Section 20-15. Maintenance of crocodilians. Permittees | 18 | | shall keep crocodilians maintained in suitable, strong, impact | 19 | | resistant, escape-proof enclosures at all times unless being | 20 | | used for bonafide educational programs or trips for veterinary | 21 | | care. | 22 | | Section 20-20. Educational programs with crocodilians. | 23 | | During any bonafide educational program involving | 24 | | crocodilians, the owner or affiliated agent must maintain |
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| 1 | | physical possession and control of the crocodilian at all times | 2 | | if removed from a container or cage. Interiors of cages or | 3 | | containers used during educational programs may not be | 4 | | accessible to the public. Crocodilians removed from their cage | 5 | | or enclosure for educational programs must have either the | 6 | | mouth banded or taped shut or kept at a minimum of 10 feet from | 7 | | the public and also kept out of direct contact with the public. | 8 | | Section 20-25. Transport of crocodilians. During transport | 9 | | of any crocodilian, it must be kept out of sight of the public | 10 | | in an escape-proof enclosure at all times. Transport of any | 11 | | crocodilian to any public venue, commercial establishment, | 12 | | retail establishment, or educational institution shall only be | 13 | | for bonafide educational programs or veterinary care. | 14 | | Section 20-30. Additional regulations. Crocodilians shall | 15 | | not be bred, sold, or offered for sale within this State. | 16 | | As determined by the Department, non-residents may apply | 17 | | for a permit not to exceed 15 consecutive days to use | 18 | | crocodilians in bonafide educational programs. The fee for this | 19 | | permit shall be set by administrative rule, and all fees shall | 20 | | be deposited into the Wildlife and Fish Fund.
| 21 | | ARTICLE 25. MONITOR LIZARDS | 22 | | Section 25-5. "Monitor lizards" means the following |
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| 1 | | members of the Varanidae family, specifically crocodile | 2 | | monitors as well as Komodo dragons. | 3 | | Section 25-10. Monitor lizard permit requirements. In | 4 | | addition to those requirements listed in Articles 60 and 65 of | 5 | | this Act, Herptile Special Use permits may be issued to | 6 | | residents using monitor lizard species only for bonafide | 7 | | educational programs, following an inspection and approval of | 8 | | the proposed facilities. A minimum of 6 documented programs on | 9 | | the family Varanidae shall be required of each permittee per | 10 | | calendar year. Unless addressed or exempted by administrative | 11 | | rule, annual permit renewal must be accompanied by a | 12 | | non-refundable fee as set by the Department and documented | 13 | | proof of educational programs completed on the recipient's | 14 | | letterhead. The Department or the Department of Agriculture | 15 | | reserves the right to inspect of permittees and facilities | 16 | | during reasonable hours. Additions to permits must be approved | 17 | | prior to acquisition of additional monitor lizards, and any | 18 | | changes shall be reported to the Department in writing no later | 19 | | than the first business day after that change occurred.
| 20 | | Section 25-15. Maintenance of monitor lizards. Permittees | 21 | | shall keep monitor lizards maintained in suitable, strong, | 22 | | impact resistant, escape-proof enclosures at all times unless | 23 | | being used for bonafide educational programs or trips for | 24 | | veterinary care. |
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| 1 | | Section 25-20. Educational programs with monitor lizards. | 2 | | During any bonafide educational program involving monitor | 3 | | lizards, the owner or affiliated agent must maintain physical | 4 | | possession and control of the monitor lizard at all times if | 5 | | removed from a container or cage. Interiors of cages or | 6 | | containers used during educational programs may not be | 7 | | accessible to the public. Monitor lizards removed from their | 8 | | cage or enclosure for educational programs must have either the | 9 | | mouth banded or taped shut, or kept at a minimum of 10 feet | 10 | | from the public and also kept out of direct contact with the | 11 | | public. | 12 | | Section 25-25. Transport of monitor lizards. During | 13 | | transport of any monitor lizard, it must be kept out of sight | 14 | | of the public in an escape-proof enclosure at all times. | 15 | | Transport of a monitor lizard to any public venue, commercial | 16 | | establishment, retail establishment, or educational | 17 | | institution shall only be for bonafide educational programs or | 18 | | veterinary care. | 19 | | Section 25-30. Additional regulations. Monitor lizards | 20 | | shall not be bred, sold, or offered for sale within this State.
| 21 | | As determined by the Department, non-residents may apply | 22 | | for a permit not to exceed 15 consecutive days to use monitor | 23 | | lizards in bonafide educational programs. The fee for the |
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| 1 | | permit shall be set by administrative rule, and all fees shall | 2 | | be deposited into the Wildlife and Fish Fund. | 3 | | ARTICLE 30. TURTLES | 4 | | Section 30-5. Turtles. It is unlawful to buy, sell, or | 5 | | offer to sell, or otherwise commercialize (including, but not | 6 | | limited to, offering as a commercial incentive, trading, or | 7 | | otherwise use for the purpose of profit or pecuniary gain) any | 8 | | species of aquatic or semi-aquatic turtles in the Order | 9 | | Testudines (except for the terrestrial tortoises in the family | 10 | | Testudinidae) with a carapace length of 4 inches or less or | 11 | | their eggs within this State. With prior approval from the | 12 | | Department, in its sole discretion, sales or offers for sale of | 13 | | aquatic or semi-aquatic turtles with a carapace length of 4 | 14 | | inches or less or their eggs may be allowed to bonafide | 15 | | scientific or educational institutions. | 16 | | Section 30-10. Turtle farming. Turtles shall not be | 17 | | commercially farmed in this State. | 18 | | ARTICLE 35. AMPHIBIANS | 19 | | Section 35-5. "Amphibians" means those medically | 20 | | significant poisonous amphibians capable of causing bodily | 21 | | harm to humans or animals, including, but not limited to, cane |
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| 1 | | or marine toads (Bufo marinus) and Colorado river toads (Bufo | 2 | | alvarius), or any other amphibian found to be medically | 3 | | significant and shall only be allowed for bonafide educational | 4 | | purposes or research purposes by exempted institutions. | 5 | | Poison dart frogs bred and raised in captivity shall be | 6 | | exempt from the permit process.
| 7 | | ARTICLE 40. HERPTILE SCIENTIFIC | 8 | | COLLECTION PERMITS | 9 | | Section 40-5. Permit issuance. Herptile Scientific | 10 | | Collection permits may be granted by the Department, in its | 11 | | sole discretion, to any properly accredited person at least 18 | 12 | | years of age, permitting the capture, marking, handling, | 13 | | banding, or collecting (including hide, skin, bones, teeth, | 14 | | claws, nests, eggs, or young), for strictly scientific | 15 | | purposes, of any of the herptiles not listed as endangered or | 16 | | threatened but now protected under this Act. A Herptile | 17 | | Scientific Collection permit may be granted to qualified | 18 | | individuals for purpose of salvaging dead, sick, or injured | 19 | | herptiles not listed as endangered or threatened but protected | 20 | | by this Act for permanent donation to bonafide public or state | 21 | | scientific, educational, or zoological institutions. | 22 | | Collecting herptiles on public lands shall require additional | 23 | | permits. |
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| 1 | | Section 40-10. Permit requirements. The criteria and | 2 | | standards for a Herptile Scientific Collection permit shall be | 3 | | provided by administrative rule. The Department shall set forth | 4 | | applicable rules covering qualifications and facilities needed | 5 | | to obtain a permit. Disposition of herptiles taken under the | 6 | | authority of this Article shall be specified by the Department. | 7 | | The holder of each permit shall make to the Department a report | 8 | | in writing upon forms furnished by the Department. These | 9 | | reports shall be made (i) annually if the permit is granted for | 10 | | a period of one year or (ii) within 30 days after the | 11 | | expiration of the permit if the permit is granted for a period | 12 | | of less than one year. These reports shall include information | 13 | | that the Department considers necessary. | 14 | | ARTICLE 45. HERPTILE SCIENTIFIC | 15 | | COLLECTION PERMIT APPLICATION AND FEES | 16 | | Section 40-5. Permit application and fees. An applicant for | 17 | | a Herptile Scientific Collection permit must file an | 18 | | application with the Department on a form provided by the | 19 | | Department. The application must include all information and | 20 | | requirements as set by administrative rule. The application for | 21 | | these permits shall be reviewed by the Department to determine | 22 | | if a permit should be issued.
| 23 | | Unless addressed or exempted by administrative rule, | 24 | | annual permit renewal must be accompanied by non-refundable fee |
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| 1 | | as set by the Department. The annual fee for a Herptile | 2 | | Scientific Collection permit shall be set by administrative | 3 | | rule. The Department shall adopt, by administrative rule, any | 4 | | additional procedures for the renewal of a Herptile Scientific | 5 | | Collection permit. All fees shall be deposited into the Fish | 6 | | and Wildlife Fund.
| 7 | | ARTICLE 50. HERPETOCULTURE PERMITS | 8 | | Section 50-5. Permit issuance. Any person or business who | 9 | | engages in the breeding, hatching, propagation, sale, or offer | 10 | | for sale of any indigenous herptile, regardless of origin, | 11 | | shall procure a permit from the Department. Herptiles | 12 | | specified, which are bred, hatched, propagated, or legally | 13 | | obtained by a person or business holding a permit as provided | 14 | | for in this Article, may be transported and sold or offered for | 15 | | sale within this State. | 16 | | Section 50-10. Permit requirements. Herpetoculture permit | 17 | | holders shall maintain written records of all herptiles | 18 | | indigenous to this State bought, sold, hatched, propagated, | 19 | | sold, or shipped for a minimum of 2 years after the date of the | 20 | | transaction and shall be made immediately available to | 21 | | authorized employees of the Department upon request. These | 22 | | records shall include the name and address of the buyer and | 23 | | seller, the appropriate permit number of the buyer and seller, |
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| 1 | | the date of the transaction, the species name (both common and | 2 | | scientific), and the origin of herptile involved. Records of | 3 | | the annual operations, as may be required by the Department, | 4 | | shall be forwarded to the Department upon request.
| 5 | | The criteria and standards for a Herpetoculture permit | 6 | | shall be provided by administrative rule. The Department shall | 7 | | set forth applicable rules, including a list of herptiles | 8 | | indigenous to this State.
| 9 | | ARTICLE 55. HERPETOCULTURE | 10 | | PERMITS APPLICATION AND FEES | 11 | | Section 55-5. Permit application and fees. An applicant | 12 | | for a Herpetoculture permit must file an application with the | 13 | | Department on a form provided by the Department. The | 14 | | application must include all information and requirements as | 15 | | set forth by administrative rule. The application for these | 16 | | permits shall be reviewed by the Department to determine if a | 17 | | permit should be issued.
| 18 | | Unless addressed or exempted by administrative rule, | 19 | | annual permit renewal must be accompanied by a non-refundable | 20 | | fee as set by the Department. The annual fee for a residential | 21 | | Herpetoculture permit shall be set by administrative rule. The | 22 | | Department shall adopt, by administrative rule, any additional | 23 | | procedures for the renewal of a Herpetoculture permit. All fees | 24 | | shall be deposited into the Wildlife and Fish Fund.
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| 1 | | As determined by the Department, non-residents may apply | 2 | | for a permit not to exceed 15 consecutive days to commercialize | 3 | | herptiles indigenous to this State as outlined in this Article. | 4 | | The fee for the permit shall be set by administrative rule, and | 5 | | all fees shall be deposited into the Wildlife and Fish Fund.
| 6 | | The Department shall adopt, by administrative rule, | 7 | | additional procedures for the renewal of annual Herpetoculture | 8 | | permits.
| 9 | | Section 55-10. Additional regulations. Nothing in | 10 | | Articles 50 and 55 shall be construed to give permittees | 11 | | authority to breed, hatch, propagate, sell, offer for sale, or | 12 | | otherwise commercialize any herptile or parts thereof from | 13 | | herptiles indigenous to this State, either partially or in | 14 | | whole, that originate from the wild in this State.
| 15 | | Any offspring resulting from the breeding of herptiles | 16 | | where one parent has been taken from the wild in this State and | 17 | | the other parent from non-Illinois stock or captive bred stock, | 18 | | may not be legally sold or otherwise commercialized and shall | 19 | | be treated as indigenous or native Illinois herp taxa subject | 20 | | to Article 5 of this Act.
| 21 | | Color or pattern variations (morphs) of any herptile | 22 | | indigenous to this State are not exempt from this Article.
| 23 | | Due to the similarity of appearance (S/A) of certain | 24 | | intergrade or hybrid specimens, the Department retains the | 25 | | authority to enforce any and all provisions under this Act. |
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| 1 | | Specimens determined by the Department, or its agents, to fit | 2 | | into this S/A category shall receive all benefits of this Act, | 3 | | as well as the Illinois Endangered Species Protection Act if | 4 | | applicable.
| 5 | | ARTICLE 60. HERPTILE SPECIAL | 6 | | USE PERMIT REQUIREMENTS | 7 | | Section 60-5. Permit requirements. Prior to any person | 8 | | obtaining a Herptile Special Use permit, the following criteria | 9 | | must be met:
| 10 | | (1) the person was in legal possession and is the legal | 11 | | possessor of the herptile prior to the effective date of | 12 | | this Act and the person applies for and is granted a | 13 | | Personal Possession permit for each special use herptile in | 14 | | the person's possession within 30 days after the enactment | 15 | | of this Act; or
| 16 | | (2) prior to acquiring a Herptile Special Use permit, | 17 | | the person must provide the name, address, date of birth, | 18 | | permit number, telephone number of the possessor, type or | 19 | | species, and the date the herptile is to be acquired.
| 20 | | The applicant must comply with all requirements of this Act | 21 | | and the rules adopted by the Department to obtain a Herptile | 22 | | Special Use permit. Prior to the issuance of the Herptile | 23 | | Special Use permit, the applicant must provide proof of | 24 | | liability insurance or surety bond, either individually, or in |
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| 1 | | the name of the entity giving the bonafide educational | 2 | | programs, in the amount of $100,000 for each special use | 3 | | herptile up to a maximum of $1,000,000 and the insurance or | 4 | | surety bond is to be maintained during the term of the permit | 5 | | for liability for any incident arising out of or relating to | 6 | | the special use herptile.
| 7 | | ARTICLE 65. HERPTILE SPECIAL USE | 8 | | PERMIT APPLICATION AND FEES | 9 | | Section 65-5. Permit application and fees. An applicant for | 10 | | a Herptile Special Use permit must file an application with the | 11 | | Department on a form provided by the Department. The | 12 | | application must include all information and requirements as | 13 | | set forth by administrative rule.
| 14 | | The annual fee for a residential Herptile Special Use | 15 | | permit shall be set by administrative rule on a per person | 16 | | basis. The Herptile Special Use permit shall not be based on | 17 | | the number of special use herptile kept by an owner or | 18 | | possessor. All fees shall be deposited into the Wildlife and | 19 | | Fish Fund.
| 20 | | The Department shall adopt, by administrative rule, | 21 | | procedures for the renewal of annual Herptile Special Use | 22 | | permits. | 23 | | Any person possessing and in legal possession of a special | 24 | | use herptile as stipulated in this Article, that no longer |
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| 1 | | wishes to keep the herptile may be assisted by the Department | 2 | | at no charge to them and without prosecution, to place the | 3 | | special use herptile in a new home, within 30 days after the | 4 | | effective date of this Act. | 5 | | The Department may issue a Limited Entry permit to an | 6 | | applicant who: (i) is not a resident of this State; (ii) | 7 | | complies with the requirements of this Act and all rules | 8 | | adopted by the Department under the authority of this Act; | 9 | | (iii) provides proof to the Department that he or she shall, | 10 | | during the permit term, maintain sufficient liability | 11 | | insurance coverage; (iv) pays to the Department along with each | 12 | | application for a Limited Entry permit a non-refundable fee as | 13 | | set by administrative rule, which the Department shall deposit | 14 | | into the Wildlife and Fish Fund; and (v) uses the herptile for | 15 | | an activity authorized in the Limited Entry permit. A Limited | 16 | | Entry permit shall be valid for not more than 30 consecutive | 17 | | days unless extended by the Department, however, no extension | 18 | | shall be longer than 15 days.
| 19 | | ARTICLE 70. SUSPENSION OF | 20 | | PRIVILEGES AND REVOCATION OF | 21 | | HERPTILE SPECIAL USE PERMITS | 22 | | Section 70-5. Suspension of privileges and revocation of | 23 | | permits. A person who does not hold a Herptile Special Use | 24 | | permit or Limited Entry permit and who violates a provision of |
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| 1 | | this Act or an administrative rule authorized under this Act | 2 | | shall have his or her privileges under this Act suspended for | 3 | | up to 5 years after the date that he or she is in violation of | 4 | | an initial offense, for up to 10 years after the date that he | 5 | | or she is in violation of a second offense, and for life for a | 6 | | third or subsequent offense.
Department suspensions and | 7 | | revocations shall be addressed by administrative rule. | 8 | | A person who holds a Herptile Special Use permit or Limited | 9 | | Entry permit and who violates the provisions of this Act shall | 10 | | have his or her permit revoked and permit privileges under this | 11 | | Act suspended for a period of up to 2 years after the date that | 12 | | he or she is found guilty of an initial offense, for up to 10 | 13 | | years after the date that he or she is found guilty of a second | 14 | | offense, and for life for a third offense.
Department | 15 | | suspensions and revocations shall be addressed by | 16 | | administrative rule. | 17 | | A person whose privileges to possess a special use herptile | 18 | | have been suspended or permit revoked may appeal that decision | 19 | | in accordance with the provisions set forth in administrative | 20 | | rule.
| 21 | | ARTICLE 75. RECORD KEEPING REQUIREMENTS | 22 | | OF SPECIAL USE HERPTILES | 23 | | Section 75-5. Record keeping requirements. A person who | 24 | | possesses a special use herptile must maintain records |
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| 1 | | pertaining to the acquisition, possession, and disposition of | 2 | | the special use herptile as provided by administrative rule. | 3 | | These records shall be maintained for a minimum of 2 years | 4 | | after the date the special use herptile is no longer in | 5 | | possession of the permit holder. All records are subject to | 6 | | inspection by authorized law enforcement officers. In addition | 7 | | to maintaining records, all special use herptiles must be | 8 | | either pit-tagged or micro-chipped to individually identify | 9 | | them and the pit-tag or microchip numbers are also to be | 10 | | maintained as other pertinent records, unless otherwise | 11 | | provided by administrative rule. | 12 | | ARTICLE 80. INJURY TO A | 13 | | MEMBER OF PUBLIC BY | 14 | | SPECIAL USE HERPTILES | 15 | | Section 80-5. Injury to a member of public by special use | 16 | | herptiles. A person who possesses a special use herptile | 17 | | without complying with the requirements of this Act and the | 18 | | rules adopted under the authority of this Act and whose special | 19 | | use herptile harms a person when the possessor knew or should | 20 | | have known that the herptile had a propensity, when provoked or | 21 | | unprovoked, to harm, cause injury to, or otherwise | 22 | | substantially endanger a member of the public is guilty of a | 23 | | Class A misdemeanor. A person who fails to comply with the | 24 | | provisions of this Act and the rules adopted under the |
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| 1 | | authority of this Act and who intentionally or knowingly allow | 2 | | a special use herptile to cause great bodily harm to, or the | 3 | | death of, a human is guilty of a Class 4 felony. | 4 | | ARTICLE 85. PROHIBITED ACTS WITH | 5 | | SPECIAL USE HERPTILES | 6 | | Section 85-5. Prohibited acts. Except as otherwise | 7 | | provided in this Act or by administrative rule, a person shall | 8 | | not own, possess, keep, import, transfer, harbor, bring into | 9 | | this State, breed, propagate, buy, sell, or offer to sell, or | 10 | | have in his or her custody or control a special use herptile.
| 11 | | A person shall not release any special use herptile into | 12 | | the wild at any time unless authorized by the Director in | 13 | | writing. The possessor of a special use herptile must | 14 | | immediately contact the animal control authority or law | 15 | | enforcement agency of the municipality or county where the | 16 | | possessor resides if a special use herptile escapes or is | 17 | | released. | 18 | | The possessor of a special use herptile shall not keep, | 19 | | harbor, care for, transport, act as the custodian of, or | 20 | | maintain in his or her possession the special use herptile in | 21 | | anything other than an escape-proof enclosure.
| 22 | | The possessor of a special use herptile shall not transport | 23 | | the special use herptile to or possess the special use herptile | 24 | | at a public venue, commercial establishment, retail |
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| 1 | | establishment, or educational institution unless specifically | 2 | | authorized by permit or required to render veterinary care to | 3 | | the special use herptile.
| 4 | | The possessor of a special use herptile, at all reasonable | 5 | | times, shall not deny the Department or its designated agents | 6 | | and officers access to premises where the possessor keeps a | 7 | | special use herptile to ensure compliance with this Act.
| 8 | | Except as otherwise provided in this Act or by | 9 | | administrative rule, a person shall not buy, sell, or barter, | 10 | | or offer to buy, sell, or barter a special use herptile.
| 11 | | ARTICLE 90. PENALTIES | 12 | | Section 90-5. Penalties. A person who violates Article 85 | 13 | | of this Act is guilty of a Class A misdemeanor for a first | 14 | | offense and a Class 4 felony for a second or subsequent offense | 15 | | occurring within one year after a finding of guilt on a first | 16 | | offense. A person who violates Article 75 of this Act is guilty | 17 | | of a Class B misdemeanor. Each day of a violation constitutes a | 18 | | separate offense. Any other violation of this Act is a Class A | 19 | | misdemeanor unless otherwise stated. | 20 | | All fines and penalties collected under the authority of | 21 | | this Act or its administrative rules shall be deposited into | 22 | | the Wildlife and Fish Fund. | 23 | | ARTICLE 95. CIVIL |
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| 1 | | LIABILITY AND IMMUNITY | 2 | | Section 95-5. Assumption of risk. Each participant who | 3 | | owns, possesses, or keeps a herptile expressly assumes the risk | 4 | | of and legal responsibility for injury, loss, or damage to the | 5 | | person or the person's property that results from the | 6 | | ownership, possession, or keeping, of the herptile. Each owner, | 7 | | keeper, or possessor of a herptile shall be solely liable to | 8 | | manage, care for, and control a particular species, and it | 9 | | shall be the duty of each owner, keeper, or possessor, to | 10 | | maintain reasonable control of the particular herptile at all | 11 | | times, and to refrain from acting in a manner that may cause or | 12 | | contribute to the injury of person, whether in public or on | 13 | | private property. | 14 | | Section 95-10. Civil liability and immunity. If any | 15 | | herptile escapes or is released, the owner and possessor of the | 16 | | herptile shall be strictly liable for all costs incurred in | 17 | | apprehending and confining the herptile; including any | 18 | | injuries incurred to humans or damage to property, both real | 19 | | and personal, including pets and livestock, and the owner shall | 20 | | indemnify any animal control officer, police officer, or | 21 | | Department employee acting in his or her official capacity to | 22 | | capture or control an escaped herptile.
| 23 | | The owner, keeper, or possessor of an escaped herptile | 24 | | shall be solely responsible for any and all liabilities arising |
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| 1 | | out of or in connection with the escape or release of any | 2 | | herptile including liability for any damage, injury, or death | 3 | | caused by or to the herptile during or after the herptile's | 4 | | escape or release or as a result of the apprehension or | 5 | | confinement of the herptile after its escape or release. In | 6 | | addition, the owner, keeper, or possessor of an escaped | 7 | | herptile shall be solely responsible for any and all costs | 8 | | incurred by an animal control officer, police officer, or | 9 | | Department employee acting in his or her official capacity to | 10 | | capture or control an escaped herptile. | 11 | | A licensed veterinarian who may have cause to treat a | 12 | | special use herptile that is in violation of this Act shall not | 13 | | be held liable under this Act provided that the veterinarian | 14 | | (i) promptly reports violations of this Act of which he or she | 15 | | has knowledge to a law enforcement agency within 24 hours after | 16 | | becoming aware of the incident; (ii) provides the name, | 17 | | address, and phone number of the person possessing the special | 18 | | use herptile at time of incident or treatment; (iii) provides | 19 | | the name and address of the owner of the special use herptile | 20 | | if known; (iv) identifies the kind and number of special use | 21 | | herptiles being treated; and (v) describes the reason for the | 22 | | treatment of the special use herptile.
| 23 | | ARTICLE 100. SEIZURE AND FORFEITURE | 24 | | Section 100-5. Seizure and forfeiture. If any person is |
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| 1 | | found to possess a special use herptile that is in violation of | 2 | | this Act, including any administrative rules, then the special | 3 | | use herptile and any equipment or items used contrary to this | 4 | | Act shall be subject to seizure and forfeiture by the | 5 | | Department. Any special use herptile seized in violation of | 6 | | this Act may immediately be placed in a facility approved by | 7 | | the Department. | 8 | | If a person's special use herptile has been seized by the | 9 | | Department, then the owner and possessor of the special use | 10 | | herptile is liable for the reasonable costs associated with the | 11 | | seizure, placement, testing, and care for the special use | 12 | | herptile from the time of confiscation until the time the | 13 | | special use herptile is relocated to an approved facility or | 14 | | person holding a valid Herptile Special Use permit or is | 15 | | otherwise disposed of by the Department. | 16 | | Any special use herptile and related items found abandoned | 17 | | shall become the property of the Department and disposed of | 18 | | according to Department rule.
| 19 | | The circuit court, in addition to any other penalty, may | 20 | | award any seized or confiscated special use herptiles or items | 21 | | to the Department as provided for in Section 1-215 of the Fish | 22 | | and Aquatic Life Code and Section 1.25 of the Wildlife Code. | 23 | | Further, the court, in addition to any other penalty, may | 24 | | assess a fee upon a person who pleads guilty to the provisions | 25 | | of this Act equal to the amount established or determined to | 26 | | maintain the special use herptile until it is permanently |
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| 1 | | placed in a facility approved by the Department or otherwise | 2 | | disposed of.
| 3 | | ARTICLE 105. EXEMPTIONS | 4 | | Section 105-5. Exemptions. When acting in their official | 5 | | capacity, the following entities and their agents are exempt | 6 | | from Articles 75 and 85 of this Act:
| 7 | | (1) public zoos or aquaria accredited by the | 8 | | Association of Zoos and Aquariums;
| 9 | | (2) licensed veterinarians or anyone operating under | 10 | | the authority of a licensed veterinarian;
| 11 | | (3) wildlife sanctuaries;
| 12 | | (4) accredited research or medical institutions;
| 13 | | (5) licensed or accredited educational institutions;
| 14 | | (6) circuses licensed and in compliance with the Animal | 15 | | Welfare Act and all rules adopted by the Department of | 16 | | Agriculture;
| 17 | | (7) federal, State, and local law enforcement | 18 | | officers, including animal control officers acting under | 19 | | the authority of this Act;
| 20 | | (8) members of federal, State, or local agencies | 21 | | approved by the Department;
| 22 | | (9) any bonafide wildlife rehabilitation facility | 23 | | licensed or otherwise authorized by the Department; and
| 24 | | (10) any motion picture or television production |
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| 1 | | company that uses licensed dealers, exhibitors, and | 2 | | transporters under the federal Animal Welfare Act, 7 U.S.C. | 3 | | 2132.
| 4 | | Section 105-10. The Criminal Code of 2012 is amended by | 5 | | changing Section 48-10 as follows: | 6 | | (720 ILCS 5/48-10) | 7 | | Sec. 48-10. Dangerous animals. | 8 | | (a) Definitions. As used in this Section, unless the | 9 | | context otherwise requires: | 10 | | "Dangerous animal" means a lion, tiger, leopard, | 11 | | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | 12 | | bobcat, jaguarundi, bear, hyena, wolf or
coyote , or any | 13 | | poisonous or life-threatening reptile . Dangerous animal | 14 | | does not mean any herptiles that are found in the | 15 | | Herptiles-Herps Act of 2013. | 16 | | "Owner" means any person who (1) has a right of | 17 | | property in a dangerous
animal or primate, (2) keeps or | 18 | | harbors a dangerous animal or primate, (3) has a dangerous | 19 | | animal
or primate in his or her care, or (4) acts as | 20 | | custodian of a dangerous animal or primate. | 21 | | "Person" means any individual, firm, association, | 22 | | partnership,
corporation, or other legal entity, any | 23 | | public or private institution, the
State, or any municipal | 24 | | corporation or political subdivision of the State. |
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| 1 | | "Primate" means a nonhuman member of the order primate, | 2 | | including but not limited to chimpanzee, gorilla, | 3 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 4 | | and tarsier. | 5 | | (b) Dangerous animal or primate offense. No person shall | 6 | | have a right of property in, keep, harbor,
care for, act as | 7 | | custodian
of or maintain in
his or her possession any dangerous | 8 | | animal or primate except at a properly maintained zoological
| 9 | | park, federally licensed
exhibit, circus, college or | 10 | | university, scientific institution, research laboratory, | 11 | | veterinary hospital, hound running area, or animal
refuge in an | 12 | | escape-proof enclosure. | 13 | | (c) Exemptions. | 14 | | (1) This Section does not prohibit a person who had | 15 | | lawful possession of a primate before January 1, 2011, from | 16 | | continuing to possess that primate if the person registers | 17 | | the animal by providing written notification to the local | 18 | | animal control administrator on or before April 1, 2011. | 19 | | The notification shall include: | 20 | | (A) the person's name, address, and telephone | 21 | | number; and | 22 | | (B) the type of primate, the age, a photograph, a | 23 | | description of any tattoo, microchip, or other | 24 | | identifying information, and a list of current | 25 | | inoculations. | 26 | | (2) This Section does not prohibit a person who is |
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| 1 | | permanently disabled with a severe mobility impairment | 2 | | from possessing a single capuchin monkey to assist the | 3 | | person in performing daily tasks if: | 4 | | (A) the capuchin monkey was obtained from and | 5 | | trained at a licensed nonprofit organization described | 6 | | in Section 501(c)(3) of the Internal Revenue Code of | 7 | | 1986, the nonprofit tax status of which was obtained on | 8 | | the basis of a mission to improve the quality of life | 9 | | of severely mobility-impaired individuals; and | 10 | | (B) the person complies with the notification | 11 | | requirements as described in paragraph (1) of this | 12 | | subsection (c). | 13 | | (d) A person who registers a primate shall notify the local | 14 | | animal control administrator within 30 days of a change of | 15 | | address. If the person moves to another locality within the | 16 | | State, the person shall register the primate with the new local | 17 | | animal control administrator within 30 days of moving by | 18 | | providing written notification as provided in paragraph (1) of | 19 | | subsection (c) and shall include proof of the prior | 20 | | registration. | 21 | | (e) A person who registers a primate shall notify the local | 22 | | animal control administrator immediately if the primate dies, | 23 | | escapes, or bites, scratches, or injures a person. | 24 | | (f) It is no defense to a violation of subsection (b)
that | 25 | | the person violating subsection
(b) has attempted to | 26 | | domesticate the dangerous animal. If there appears
to be |
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| 1 | | imminent danger to the public, any
dangerous animal found not | 2 | | in compliance with the provisions of this Section
shall be | 3 | | subject to
seizure and may immediately be placed in an approved | 4 | | facility. Upon the
conviction of a person for a violation of | 5 | | subsection (b), the animal with regard
to which the conviction | 6 | | was obtained shall be confiscated and placed in an
approved | 7 | | facility, with the owner responsible for all costs
connected | 8 | | with the seizure and confiscation of the animal.
Approved | 9 | | facilities include, but are not limited to, a zoological park,
| 10 | | federally licensed exhibit,
humane society, veterinary | 11 | | hospital or animal refuge. | 12 | | (g) Sentence. Any person violating this Section is guilty | 13 | | of a Class C
misdemeanor. Any corporation or
partnership, any | 14 | | officer, director, manager or managerial agent of the
| 15 | | partnership or corporation who violates this Section or causes | 16 | | the
partnership or corporation to violate this Section is | 17 | | guilty of a Class C misdemeanor. Each day of violation | 18 | | constitutes a separate offense.
| 19 | | (Source: P.A. 97-1108, eff. 1-1-13.)
| 20 | | Section 105-15. The Fish and Aquatic Life Code is amended | 21 | | by changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65, | 22 | | and 10-115 as follows:
| 23 | | (515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
| 24 | | Sec. 1-20. Aquatic life. "Aquatic life" means all fish, |
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| 1 | | reptiles,
amphibians, crayfish, and mussels. For the purposes | 2 | | of Section 20-90, the
definition of "aquatic life" shall | 3 | | include, but is not limited to, all
fish, reptiles, amphibians , | 4 | | mollusks, crustaceans, algae or other aquatic
plants, and | 5 | | invertebrates. Aquatic life does not mean any herptiles that | 6 | | are found in the Herptiles-Herps Act of 2013.
| 7 | | (Source: P.A. 89-66, eff. 1-1-96.)
| 8 | | (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)
| 9 | | Sec. 5-25. Value of protected species; violations.
| 10 | | (a) Any person who, for profit or commercial purposes, | 11 | | knowingly
captures or kills, possesses, offers for sale, sells, | 12 | | offers to barter,
barters, offers to purchase, purchases, | 13 | | delivers for shipment, ships,
exports, imports, causes to be | 14 | | shipped, exported, or imported, delivers for
transportation, | 15 | | transports or causes to be transported, carries or causes
to be | 16 | | carried, or receives for shipment, transportation, carriage, | 17 | | or
export any aquatic life, in part or in whole of any of the | 18 | | species
protected by this Code, contrary to the provisions of | 19 | | the Code, and that
aquatic life, in whole or in part, is valued | 20 | | at or in excess of a total of $300,
as per species value | 21 | | specified in subsection (c) of this Section, commits a Class 3
| 22 | | felony.
| 23 | | A person is guilty of a Class 4 felony if convicted under | 24 | | this Section for more than one violation within a 90-day period | 25 | | if the aquatic life involved in each violation are not valued |
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| 1 | | at or in excess of $300 but the total value of the aquatic life | 2 | | involved with the multiple violations is at or in excess of | 3 | | $300. The prosecution for a Class 4 felony for these multiple | 4 | | violations must be alleged in a single charge or indictment and | 5 | | brought in a single prosecution.
| 6 | | Any person who violates this subsection (a) when the total | 7 | | value of species is less than $300 commits a Class A | 8 | | misdemeanor except as otherwise provided.
| 9 | | (b) Possession of aquatic life, in whole or in part, | 10 | | captured or killed
in violation of this Code, valued at or in | 11 | | excess of $600, as per species value
specified in subsection | 12 | | (c) of this Section, shall be considered prima facie
evidence | 13 | | of possession for profit or commercial purposes.
| 14 | | (c) For purposes of this Section, the fair market value or | 15 | | replacement cost, whichever is greater, must be used to | 16 | | determine the value of the species protected by this Code, but | 17 | | in no case shall the minimum value of all aquatic life and | 18 | | their
hybrids protected by
this Code, whether dressed or not | 19 | | dressed, be less than the following:
| 20 | | (1) For each muskellunge, northern pike, walleye,
| 21 | | striped bass, sauger, largemouth bass, smallmouth bass, | 22 | | spotted bass, trout (all species), salmon (all species | 23 | | other than chinook
caught from August 1 through December | 24 | | 31), and sturgeon (other than pallid or lake sturgeon) of a | 25 | | weight, dressed
or not dressed, of one pound or more, $4 | 26 | | for each pound or fraction of a
pound. For each individual |
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| 1 | | fish with a dressed
or not dressed
weight of less than one | 2 | | pound, $4. For parts of fish
processed
past the dressed | 3 | | state, $8 per pound.
| 4 | | (2) For each warmouth, rock bass, white bass, yellow | 5 | | bass, sunfish (all
species except largemouth, smallmouth, | 6 | | and spotted bass), bluegill, crappie,
bullheads, | 7 | | pickerels, yellow perch, catfish (all species), and | 8 | | mussels of a weight,
dressed or not dressed, of one pound | 9 | | or more, $4 for each pound or fraction
of a pound of | 10 | | aquatic life. For each individual aquatic life with
a | 11 | | dressed or
not dressed weight of less than one pound, $4. | 12 | | For aquatic life parts processed past the dressed state, $8 | 13 | | per pound.
| 14 | | (3) (Blank). For processed turtle parts, $6 for each | 15 | | pound or fraction of a pound.
For each non-processed | 16 | | turtle, $8 per turtle.
| 17 | | (4) (Blank). For frogs, toads, salamanders, lizards, | 18 | | and snakes, $8
per animal in whole or in part.
| 19 | | (5) For goldeye, mooneye, carp, carpsuckers (all | 20 | | species), suckers (all
species), redhorse (all species), | 21 | | buffalo (all species), freshwater drum,
skipjack, shad | 22 | | (all species), alewife, smelt, gar, bowfin, chinook
salmon | 23 | | caught from August 1 through December 31, and all other | 24 | | aquatic life
protected by this Code, not listed in | 25 | | paragraphs (1), (2), or (5) (3), or (4) of
subsection (c) | 26 | | of this Section, $1 per pound, in part or in whole.
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| 1 | | (6) For each species listed on the federal or State | 2 | | endangered and threatened species list, and for lake and | 3 | | pallid sturgeon, $150 per animal in whole or in part.
| 4 | | (Source: P.A. 95-147, eff. 8-14-07.)
| 5 | | (515 ILCS 5/10-30) (from Ch. 56, par. 10-30)
| 6 | | Sec. 10-30. Bullfrog; open season. Bullfrog open season is | 7 | | found in Section 5-30 of the Herptiles-Herps Act of 2013. All | 8 | | individuals taking bullfrogs
shall possess a valid sport | 9 | | fishing license and may take bullfrogs only
during the | 10 | | following open season of June 15 through August 31, both
| 11 | | inclusive.
| 12 | | (Source: P.A. 87-833.)
| 13 | | (515 ILCS 5/10-35) (from Ch. 56, par. 10-35)
| 14 | | Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is | 15 | | found in Section 5-30 of the Herptiles-Herp Act of 2013. The | 16 | | daily limit for all properly
licensed individuals is 8 | 17 | | bullfrogs. The possession limit total is 16
bullfrogs.
| 18 | | (Source: P.A. 87-833.)
| 19 | | (515 ILCS 5/10-60) (from Ch. 56, par. 10-60)
| 20 | | Sec. 10-60. Taking of turtles or bullfrogs; illegal | 21 | | devices. Taking of turtles or bullfrogs is found in Section | 22 | | 5-30 of the Herptiles-Herp Act of 2013. No person
shall take | 23 | | turtles or bullfrogs by commercial fishing devices, including
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| 1 | | hoop nets, traps, or seines, or by the use of firearms, | 2 | | airguns, or gas guns.
| 3 | | (Source: P.A. 87-833.)
| 4 | | (515 ILCS 5/10-65) (from Ch. 56, par. 10-65)
| 5 | | Sec. 10-65. Taking of snakes. Taking of snakes is found in | 6 | | Section 5-25 of the Herptiles-Herp Act of 2013. Unless | 7 | | otherwise provided in this Code,
snakes may be taken by the | 8 | | owners or bonafide tenants of lands actually
residing on the | 9 | | lands and their children, parents, brothers, and sisters
| 10 | | actually permanently residing with them.
| 11 | | (Source: P.A. 87-833.)
| 12 | | (515 ILCS 5/10-115) (from Ch. 56, par. 10-115)
| 13 | | Sec. 10-115. Taking of turtles. Taking of turtles is found | 14 | | in Section 5-30 of the Herptiles-Herp Act of 2013. Turtles may | 15 | | be taken only by hand or
means of hook and line. The provisions | 16 | | of this Section are subject to
modification by administrative | 17 | | rule.
| 18 | | (Source: P.A. 87-833.)".
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