Full Text of SB1342 100th General Assembly
SB1342 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 SB1342 Introduced 2/9/2017, by Sen. Linda Holmes SYNOPSIS AS INTRODUCED: |
| 520 ILCS 10/2 | from Ch. 8, par. 332 | 520 ILCS 10/3.5 new | |
520 ILCS 10/9 | from Ch. 8, par. 339 |
|
Amends the Illinois Endangered Species Protection Act. Provides a person shall not allow for the participation of an African elephant or Asian elephant protected under the federal Endangered Species Act of 1973 in a traveling animal act. Provides that the provision does not apply to an exhibition of elephants at a non-mobile, permanent institution, or facility. Provides that a person who violates the Section is subject to a civil penalty of not less than $500 or more than $10,000 for each violation. Defines "mobile or traveling housing facility", "performance", and "traveling animal act". Effective January 1, 2018.
|
| |
| | A BILL FOR |
|
| | | SB1342 | | LRB100 08487 SLF 18606 b |
|
| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Endangered Species Protection Act | 5 | | is amended by changing Section 2 and 9 and by adding Section | 6 | | 3.5 as follows:
| 7 | | (520 ILCS 10/2) (from Ch. 8, par. 332)
| 8 | | Sec. 2. As used in this Act the following words have the | 9 | | following meanings:
| 10 | | "Board" means the Endangered Species Protection Board | 11 | | created by this
Act.
| 12 | | "Conservation" means to use and the use of all methods and | 13 | | procedures
which are necessary to bring any endangered species | 14 | | or threatened species
to the point at which the measures | 15 | | provided pursuant to this Act are no
longer necessary. Such | 16 | | methods and procedures include, but are not limited
to, all | 17 | | activities associated with scientific resources management | 18 | | such as
research, census, law enforcement, habitat acquisition | 19 | | and maintenance,
propagation and transplantation.
| 20 | | "Department" means the Department of Natural Resources
and | 21 | | "Director" means the Director of that Department.
| 22 | | "Endangered Species" means any species of plant or animal | 23 | | classified as
endangered under the Federal Endangered Species |
| | | SB1342 | - 2 - | LRB100 08487 SLF 18606 b |
|
| 1 | | Act of 1973, P.L. 93-205, and
amendments thereto, plus such | 2 | | other species which the Board may list as in
danger of | 3 | | extinction in the wild in Illinois due to one or more causes
| 4 | | including but not limited to,
the destruction, diminution or | 5 | | disturbance of habitat, overexploitation,
predation, | 6 | | pollution, disease, or other natural or manmade factors
| 7 | | affecting its prospects of survival.
| 8 | | "Threatened Species" means any species of plant or animal
| 9 | | classified as threatened under the Federal Endangered Species | 10 | | Act of 1973,
P.L. 93-205, and amendments thereto, plus such | 11 | | other species which the
Board may list as likely to become
| 12 | | endangered in the wild in Illinois within the foreseeable | 13 | | future.
| 14 | | "Animal" means those organisms commonly included in the | 15 | | science of
zoology and generally distinguished from plants by | 16 | | possession of a
nervous system and the ability to move from | 17 | | place to place, including all
invertebrates such as sponges and | 18 | | mollusks as well as vertebrates such as
fishes, amphibians, | 19 | | reptiles, birds, and mammals.
| 20 | | "Animal Product" means the fur, hide, skin, teeth, | 21 | | feathers,
tusks, claws, eggs, nests or the body or any portion | 22 | | thereof whether in a
green or raw state or as a product | 23 | | manufactured or refined from an
animal protected under this Act | 24 | | or under rules issued
pursuant to this Act.
| 25 | | "Plant" means any organism not considered to be an animal, | 26 | | and shall
include such organisms as algae, fungi,
bryophytes, |
| | | SB1342 | - 3 - | LRB100 08487 SLF 18606 b |
|
| 1 | | and ferns, as well as flowering plants and conifers.
| 2 | | "Plant Product" means any plant body or part thereof | 3 | | removed from
natural habitat, including seeds, fruits, roots, | 4 | | stems, flowers, leaves, or
products made from any of these, | 5 | | including extracts or powders.
| 6 | | "Essential Habitat" means the specific ecological | 7 | | conditions required by
an endangered or threatened species for | 8 | | its survival and propagation, or
physical examples of these | 9 | | conditions.
| 10 | | "Take" means, in reference to animals and animal products, | 11 | | to harm, hunt,
shoot, pursue, lure, wound, kill, destroy, | 12 | | harass, gig, spear, ensnare, trap,
capture, collect, or to | 13 | | attempt to engage in such conduct. "Take" means, in
reference | 14 | | to plants and plant products, to collect, pick, cut, dig up,
| 15 | | kill, destroy, bury, crush, or harm in any manner.
| 16 | | "Illinois List" means a list of species of animals and | 17 | | plants listed
by the Board as endangered or threatened.
| 18 | | "Mobile or traveling animal housing facility" means a | 19 | | transporting vehicle such as a truck, trailer, or railway car | 20 | | used to transport or house animals while traveling for | 21 | | exhibition or other performance. | 22 | | "Performance" means an exhibition, public showing, | 23 | | presentation, display, exposition, fair, animal act, circus, | 24 | | ride, trade show, petting zoo, carnival, parade, race, or other | 25 | | similar undertaking in which animals are required to perform | 26 | | tricks, give rides, or participate as accompaniments for |
| | | SB1342 | - 4 - | LRB100 08487 SLF 18606 b |
|
| 1 | | entertainment or amusement. | 2 | | "Person" means any individual, firm, corporation, | 3 | | partnership, trust,
association, private entity, government | 4 | | agency, or their agents,
and representatives.
| 5 | | "Traveling animal act" means any performance of animals | 6 | | where animals are transported to, from, or between locations | 7 | | for the purpose of a performance in a mobile or traveling | 8 | | housing facility. | 9 | | (Source: P.A. 89-445, eff. 2-7-96.)
| 10 | | (520 ILCS 10/3.5 new) | 11 | | Sec. 3.5. Prohibition of use of elephants in traveling | 12 | | animal act. | 13 | | (a) Notwithstanding Section 4 of this Act or any other | 14 | | provision of law, a person shall not allow for the | 15 | | participation of an African elephant (Loxodonta Africana) or | 16 | | Asian elephant (Elephas maximus) protected under the federal | 17 | | Endangered Species Act of 1973 in a traveling animal act. | 18 | | (b) This Section does not apply to an exhibition of | 19 | | elephants at a non-mobile, permanent institution, or facility. | 20 | | (c) The Department may adopt rules to implement the | 21 | | provisions of this Section. | 22 | | (d) This Section is in addition to, and not in lieu of, any | 23 | | other laws protecting animal welfare. This Section may not be | 24 | | construed to limit any State law or rule protecting the welfare | 25 | | of animals nor prevent a unit of local government from adopting |
| | | SB1342 | - 5 - | LRB100 08487 SLF 18606 b |
|
| 1 | | animal welfare ordinances, rules, or regulations. | 2 | | (e) A person who violates this Section shall be subject to | 3 | | a civil penalty of not less than $500 or more than $10,000 for | 4 | | each violation. An officer or agent authorized by the | 5 | | Department or a law enforcement officer may enforce this | 6 | | Section. | 7 | |
| 8 | | (520 ILCS 10/9) (from Ch. 8, par. 339)
| 9 | | Sec. 9.
| 10 | | Except as otherwise provided in Section 3.5 of this Act, | 11 | | any Any person who violates any provision of this Act shall be | 12 | | guilty of a
Class A misdemeanor.
| 13 | | (Source: P.A. 77-2830.)
| 14 | | Section 99. Effective date. This Act takes effect January | 15 | | 1, 2018.
|
|