Full Text of HB3265 101st General Assembly
HB3265ham001 101ST GENERAL ASSEMBLY | Rep. Charles Meier Filed: 4/4/2019
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| 1 | | AMENDMENT TO HOUSE BILL 3265
| 2 | | AMENDMENT NO. ______. Amend House Bill 3265 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Herptiles-Herps Act is amended by changing | 5 | | Sections 1-5, 1-15, 5-5, 5-20, 5-30, 5-35, 10-40, 20-30, 25-30, | 6 | | 45-5, 55-5, 65-5, 90-5, 95-10, 100-5, 105-10, 105-35, 105-55, | 7 | | 105-75, 105-100, and 110-5, by adding Sections 5-2 and 35-10, | 8 | | and by adding Article 37 as follows: | 9 | | (510 ILCS 68/1-5)
| 10 | | Sec. 1-5. Purpose. For purposes of this Act, reptiles and | 11 | | amphibians shall be exempt from the definition of "aquatic | 12 | | life" under Section 1-20 of the Fish and Aquatic Life Code , | 13 | | except for regulating fishing and consumptive take of herptile | 14 | | species . All rules and enforcement actions under the Illinois | 15 | | Conservation Law and the dangerous animals provisions in | 16 | | Section 48-10 of the Criminal Code of 2012 related to reptiles |
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| 1 | | and amphibians shall be covered exclusively by this Act.
| 2 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 3 | | (510 ILCS 68/1-15)
| 4 | | Sec. 1-15. Definitions. For the purposes of this Act, | 5 | | unless the context clearly requires otherwise, the following | 6 | | terms are defined as: | 7 | | "Administrative rule" means a regulatory measure issued by | 8 | | the Director under this Act. | 9 | | "Authorized law enforcement officer" means all sworn | 10 | | members of the Law Enforcement Division of the Department and | 11 | | those persons specifically granted law enforcement | 12 | | authorization by the Director. | 13 | | "Bona fide scientific or educational institution" means | 14 | | confirming educational or scientific tax-exemption, from the | 15 | | federal Internal Revenue Service or the applicant's national, | 16 | | state, or local tax authority, or a statement of accreditation | 17 | | or recognition as an educational institution.
| 18 | | "Contraband" means all reptile or amphibian life or any | 19 | | part of reptile or amphibian life taken, bought, sold or | 20 | | bartered, shipped, or held in possession or any conveyance, | 21 | | vehicle, watercraft, or other means of transportation | 22 | | whatsoever, except sealed railroad cars or other sealed common | 23 | | carriers, used to transport or ship any reptile or amphibian | 24 | | life or any part of reptile or amphibian life taken, contrary | 25 | | to this Act, including administrative rules, or used to |
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| 1 | | transport, contrary to this Act, including administrative | 2 | | rules, any of the specified species when taken illegally.
| 3 | | "Culling" means picking out from others and removing | 4 | | rejected members because of inferior quality. | 5 | | "Department" means the Illinois Department of Natural | 6 | | Resources. | 7 | | "Director" means the Director of the Illinois Department of | 8 | | Natural Resources. | 9 | | "Educational program" means a program of organized | 10 | | instruction or study for providing education intended to meet a | 11 | | public need. | 12 | | "Endangered or threatened species" means any species | 13 | | listed as endangered or threatened to the species level on | 14 | | either the Illinois List of Endangered and Threatened Fauna or | 15 | | the federal U.S. Fish and Wildlife Service List of Threatened | 16 | | and Endangered Species. | 17 | | "Herptile" means collectively any amphibian or reptile | 18 | | taxon, whether indigenous to this State or not. | 19 | | "Indigenous or native taxa" means those amphibians and | 20 | | reptiles to the subspecies level that can be found naturally in | 21 | | this State. | 22 | | "Individual" means a natural person. | 23 | | "Medically significant" means a venomous or poisonous | 24 | | species whose venom or toxin can cause death or serious illness | 25 | | or injury in humans that may require emergency room care or the | 26 | | immediate care of a physician. These species are categorized as |
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| 1 | | being "medically significant" or "medically important". | 2 | | "Owner" means an individual who has a legal right to the | 3 | | possession of a herptile. | 4 | | "Person" means any individual, partnership, corporation, | 5 | | organization, trade or professional association, firm, limited | 6 | | liability company, joint venture, or group. | 7 | | "Possession limit" means the maximum number or amount of | 8 | | herptiles that can be lawfully held or possessed by one person | 9 | | at any time. | 10 | | "Possessor" means any person who possesses, keeps, | 11 | | harbors, brings into the State, cares for, acts as a custodian | 12 | | for, has in his or her custody or control, or holds a property | 13 | | right to a herptile. | 14 | | "Reptile show" means any event open to the public, for a | 15 | | fee or without a fee, that is not a licensed pet store, where | 16 | | herptiles or herptiles together with other animals are | 17 | | exhibited, displayed, sold, bought, traded, or otherwise made | 18 | | available for public display. | 19 | | "Resident" means a person who in good faith makes | 20 | | application for any license or permit and verifies by statement | 21 | | that he or she has maintained his or her permanent abode in | 22 | | this State for a period of at least 30 consecutive days | 23 | | immediately preceding the person's application, and who does | 24 | | not maintain permanent abode or claim residency in another | 25 | | state for the purposes of obtaining any of the same or similar | 26 | | licenses or permits under this Act. A person's permanent abode |
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| 1 | | is his or her fixed and permanent dwelling place, as | 2 | | distinguished from a temporary or transient place of residence. | 3 | | Domiciliary intent is required to establish that the person is | 4 | | maintaining his or her permanent abode in this State. Evidence | 5 | | of domiciliary intent includes, but is not limited to, the | 6 | | location where the person votes, pays personal income tax, or | 7 | | obtains a drivers license. Any person on active duty in the | 8 | | Armed Forces shall be considered a resident of Illinois during | 9 | | his or her period of military duty. | 10 | | "Special use herptile" means any taxon of amphibian or | 11 | | reptile including, but not limited to, crocodilians, Komodo | 12 | | dragons, crocodile monitor lizards, or venomous species for | 13 | | which a Herptile Special Use permit is required to acquire and | 14 | | possess . | 15 | | "Take" means possess, collect, catch, detain, hunt, shoot, | 16 | | pursue, lure, kill, destroy, capture, gig or spear, trap or | 17 | | ensnare, harass, or an attempt to do so.
| 18 | | "Transport" or "ship" means to convey by parcel post, | 19 | | express, freight, baggage, or shipment by common carrier or any | 20 | | description; by automobile, motorcycle, or other vehicle of any | 21 | | kind; by water or aircraft of any kind; or by any other means | 22 | | of transportation.
| 23 | | "Turtle farming" means the act of breeding, hatching, | 24 | | raising, selling turtles, or any combination commercially for | 25 | | the purpose of providing turtles, turtle eggs, or turtle parts | 26 | | to pet suppliers, exporters, and food industries. |
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| 1 | | "Wildlife sanctuary" means any non-profit organization | 2 | | that: (1) is exempt from taxation under the federal Internal | 3 | | Revenue Code and is currently confirmed as tax exempt by the | 4 | | federal Internal Revenue Service; (2) operates a place of | 5 | | refuge where wild animals are provided care for their lifetime | 6 | | or released back to their natural range; (3) does not conduct | 7 | | activities on animals in its possession that are not inherent | 8 | | to the animal's nature; (4) does not use animals in its | 9 | | possession for entertainment; (5) does not sell, trade, or | 10 | | barter animals in its possession or parts of those animals; and | 11 | | (6) does not breed animals in its possession.
| 12 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 13 | | (510 ILCS 68/5-2 new) | 14 | | Sec. 5-2. Herptiles under this Act. It shall be unlawful | 15 | | for any person at any time to take, harass, disturb, possess, | 16 | | transport, cause to be shipped, commercialize, propagate, | 17 | | move, relocate, or release into the wild, any herptile whether | 18 | | dead or alive or the parts of herptiles, including, but not | 19 | | limited to, their nests and eggs, contrary to provisions of | 20 | | this Act or administrative rules. Any person who violates this | 21 | | Section shall be guilty of a Class B misdemeanor. | 22 | | (510 ILCS 68/5-5)
| 23 | | Sec. 5-5. Possession limits. | 24 | | (a) The possession limit for indigenous amphibian and |
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| 1 | | reptile taxa (excluding common snapping turtles and bullfrogs) | 2 | | is 8 total collectively with no more than 4 per species. Young | 3 | | of gravid wild-collected amphibians and reptiles shall be | 4 | | returned to the site of adult capture after birth.
| 5 | | (b) Only residents may possess herptiles collected from the | 6 | | wild within this State under a valid sport fishing license; | 7 | | non-residents may not possess herptiles collected from the wild | 8 | | within this State except for scientific purposes, with a | 9 | | Herptile Scientific Collection permit or for personal | 10 | | consumption as authorized by the Fish and Aquatic Life Code .
| 11 | | (c) All herptile species (other than bullfrogs and common | 12 | | snapping turtles) may be captured by hand only, unless | 13 | | otherwise authorized . This shall not restrict the use of | 14 | | legally taken herptiles as bait by anglers as authorized by the | 15 | | Fish and Aquatic Life Code . Any captured herptiles that are not | 16 | | to be retained in the possession of the captor shall be | 17 | | immediately released at the site of capture, unless taken with | 18 | | a lethal method such as bow and arrow, gig, spear, or pitchfork | 19 | | which does not permit release without harm. All common snapping | 20 | | turtles and bullfrogs taken for personal consumption must be | 21 | | kept and counted in the daily catch creel or bag. No culling of | 22 | | these 2 species for personal consumption is permitted.
| 23 | | (d) The trier of fact may infer that a person is collecting | 24 | | from the wild within this State if he or she possesses | 25 | | indigenous reptiles or amphibians, in whole or in part, if no | 26 | | documentation exists stating that the animals were legally |
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| 1 | | collected from the wild outside of this State.
| 2 | | (e) Residents may possess a total of 8 native herp | 3 | | specimens collectively, with no more than 4 per species, | 4 | | without obtaining and possessing either a Herptile Scientific | 5 | | Collection permit or Herpetoculture permit from the | 6 | | Department, regardless of the origin of the species. A sport | 7 | | fishing license is required for residents , unless exempt from a | 8 | | sport fishing license under Section 20-5 of the Fish and | 9 | | Aquatic Life Code, to legally collect any native herp taxon on | 10 | | private land, with the landowner's permission. Collecting | 11 | | herptiles on public lands shall require additional permits.
| 12 | | (f) Any resident wishing to possess more than his or her | 13 | | allowed possession limit shall first apply to the Department | 14 | | for a Herptile Scientific Collection permit or Herpetoculture | 15 | | permit to do so. Issuance, modification, or denial of any and | 16 | | all of these permits shall be at the sole discretion of the | 17 | | Department.
| 18 | | (g) Due to the similarity of appearance (S/A) of certain | 19 | | intergrade or hybrid specimens, the Department retains the | 20 | | authority to enforce any and all provisions under this Act. | 21 | | Specimens determined by the Department, or its agents, to fit | 22 | | into this S/A category shall receive all benefits of this Act, | 23 | | as well as the Illinois Endangered Species Protection Act if | 24 | | applicable, and shall be included in an individual's overall | 25 | | possession limit.
| 26 | | (Source: P.A. 98-752, eff. 1-1-15 .) |
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| 1 | | (510 ILCS 68/5-20)
| 2 | | Sec. 5-20. Taking of endangered or threatened species. | 3 | | (a) No person shall take or possess any of the herptiles | 4 | | listed in the Illinois Endangered Species Protection Act or | 5 | | subsequent administrative rules, except as provided by this | 6 | | that Act and the Illinois Endangered Species Protection Act .
| 7 | | (b) Any Department-permitted threatened or endangered | 8 | | (T/E) herptile species shall be exempt from an individual's | 9 | | overall possession limit under the permitting system set forth | 10 | | in this Act. However, any and all T/E specimens shall be | 11 | | officially recorded with the Department's Endangered Species | 12 | | Conservation Program . Any species occurring on the federal T/E | 13 | | list also requires a Department permit for possession, | 14 | | propagation, sale, or offer for sale unless otherwise permitted | 15 | | through the Department.
| 16 | | (c) Due to the similarity of appearance (S/A) of certain | 17 | | intergrade or hybrid specimens, the Department retains the | 18 | | authority to enforce any and all provisions under this Act. | 19 | | Specimens determined by the Department, or agents, to fit into | 20 | | this S/A category shall receive all benefits of this Act, as | 21 | | well as the Illinois Endangered Species Protection Act if | 22 | | applicable, and shall be included in an individual's overall | 23 | | possession limit.
| 24 | | (d) Federally licensed exhibits shall not be exempt from | 25 | | the Illinois Endangered Species Protection Act or this Act .
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| 1 | | (e) Any changes in T/E permit numbers for herptiles by | 2 | | current, existing permit holders shall be reported to the | 3 | | Department in writing no later than the first business day | 4 | | after that change occurred. Requests for permits by any | 5 | | resident acquiring a T/E species who is not permitted shall not | 6 | | be issued after-the-fact.
| 7 | | (f) Annual reports are due by January 31 of each year for | 8 | | the preceding year's activities. Failure to submit the annual | 9 | | report by the due date shall result in a permit violation.
| 10 | | (g) An annual fee for herptile T/E species permits, per | 11 | | permittee, shall be set by administrative rule.
All fees for | 12 | | herptile T/E species permits shall be deposited into the | 13 | | Wildlife Preservation Fund. | 14 | | (h) Procedures for acquisition, breeding, and sales of T/E | 15 | | herptile species shall be set forth in administrative rule.
| 16 | | (i) Record keeping requirements for T/E herptile species | 17 | | shall be set forth in administrative rule.
| 18 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 19 | | (510 ILCS 68/5-30)
| 20 | | Sec. 5-30. Taking of turtles or bullfrogs; illegal devices. | 21 | | (a) No person shall take turtles or bullfrogs by commercial | 22 | | fishing devices, including dip nets, hoop nets, traps, or | 23 | | seines, or by the use of firearms, airguns, or gas guns. | 24 | | Turtles may be taken only by methods as provided in | 25 | | administrative rule hand or means of hook and line . |
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| 1 | | (b) Bullfrog; common snapping turtle; open season. | 2 | | (1) All individuals taking bullfrogs shall possess a | 3 | | valid sport fishing license , unless exempt from a sport | 4 | | fishing license under Section 20-5 of the Fish and Aquatic | 5 | | Life Code, and may take bullfrogs only during the open | 6 | | season to be specified by administrative rule. Bullfrogs | 7 | | may only be taken by hook and line, gig, pitchfork, spear, | 8 | | bow and arrow, hand, or landing net.
| 9 | | (2) The daily catch limit and total possession limit | 10 | | for all properly licensed persons shall be specified by | 11 | | administrative rule.
| 12 | | (3) All persons taking common snapping turtles shall | 13 | | possess a valid sport fishing license , unless exempt from a | 14 | | sport fishing license under Section 20-5 of the Fish and | 15 | | Aquatic Life Code, and may take common snapping turtles | 16 | | only during the open season to be specified by | 17 | | administrative rule. Common snapping turtles (Chelydra | 18 | | serpentina) may be taken only by methods as provided in | 19 | | administrative rule hand, hook and line, or bow and arrow, | 20 | | except in the counties listed in administrative rule | 21 | | Section 5-35 where bowfishing for common snapping turtles | 22 | | is not allowed.
| 23 | | (4) The daily catch limit and total possession limit | 24 | | for all properly licensed persons shall be specified by | 25 | | administrative rule. | 26 | | (c) (Blank). The alligator snapping turtle (Macrochelys |
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| 1 | | temminckii) is protected and may not be taken by any method | 2 | | including, but not limited to, any sport fishing method.
| 3 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 4 | | (510 ILCS 68/5-35)
| 5 | | Sec. 5-35. Areas closed to the taking of reptiles and | 6 | | amphibians. | 7 | | (a) Unless otherwise provided allowed by law or | 8 | | administrative rule, the taking of reptiles and amphibians at | 9 | | any time and by any method is prohibited in the following | 10 | | areas:
| 11 | | The LaRue-Pine Hills or Otter Pond Research Natural Area in | 12 | | Union County. The closed area shall include the Research | 13 | | Natural Area as designated by the U.S. Forest Service and | 14 | | the right-of-way of Forest Road 345 with Forest Road 236 to | 15 | | the intersection of Forest Road 345 with the Missouri | 16 | | Pacific railroad tracks. Unless otherwise authorized, | 17 | | possession of any collecting equipment is prohibited | 18 | | within the closed area.
| 19 | | Any area the Department may close for any reason | 20 | | including biological significance or disease through | 21 | | administrative rules. | 22 | | (b) (Blank). In the following counties bowfishing for | 23 | | common snapping turtles is not permitted: Randolph, Perry, | 24 | | Franklin, Hamilton, White, Gallatin, Saline, Williamson, | 25 | | Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski, and |
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| 1 | | Alexander, or in any additional counties added through | 2 | | administrative rule.
| 3 | | (c) (Blank). Collection of wild turtles for races or other | 4 | | types of events involving congregating and gathering numbers of | 5 | | wild turtles is prohibited in counties where ranavirus has been | 6 | | documented. Inclusion on the county list shall be determined by | 7 | | rule.
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/10-40)
| 10 | | Sec. 10-40. Additional regulations. Venomous reptiles | 11 | | shall not be bred, sold, or offered for sale within this State. | 12 | | The Department may approve limited transfers among existing | 13 | | permittees at the sole discretion of the Department. | 14 | | As determined by the Department, non-residents may apply | 15 | | for a permit not to exceed 15 consecutive days to use venomous | 16 | | reptiles in bona fide educational programs. The fee for the | 17 | | permit shall be set by administrative rule, and all fees shall | 18 | | be deposited into the Illinois Wildlife Preservation and Fish | 19 | | Fund.
| 20 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 21 | | (510 ILCS 68/20-30)
| 22 | | Sec. 20-30. Additional regulations. Crocodilians shall not | 23 | | be bred, sold, or offered for sale within this State. The | 24 | | Department may approve limited transfers among existing |
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| 1 | | permittees at the sole discretion of the Department. | 2 | | As determined by the Department, non-residents may apply | 3 | | for a permit not to exceed 15 consecutive days to use | 4 | | crocodilians in bona fide educational programs. The fee for | 5 | | this permit shall be set by administrative rule, and all fees | 6 | | shall be deposited into the Illinois Wildlife Preservation and | 7 | | Fish Fund.
| 8 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 9 | | (510 ILCS 68/25-30)
| 10 | | Sec. 25-30. Additional regulations. Monitor lizards shall | 11 | | not be bred, sold, or offered for sale within this State.
The | 12 | | Department may approve limited transfers among existing | 13 | | permittees at the sole discretion of the Department. | 14 | | As determined by the Department, non-residents may apply | 15 | | for a permit not to exceed 15 consecutive days to use monitor | 16 | | lizards in bona fide educational programs. The fee for the | 17 | | permit shall be set by administrative rule, and all fees shall | 18 | | be deposited into the Illinois Wildlife Preservation and Fish | 19 | | Fund.
| 20 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 21 | | (510 ILCS 68/Art. 37 heading new) | 22 | | ARTICLE 37. HERPTILE DISEASES. | 23 | | (510 ILCS 68/37-5 new) |
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| 1 | | Sec. 37-5. Herptile diseases. The Department may | 2 | | investigate, in conjunction with a licensed veterinarian, any | 3 | | disease transmissions in any amphibian or reptile species that | 4 | | could be transmitted or spread, including any natural or | 5 | | captive populations. The Department may adopt administrative | 6 | | rules to identify specific herptile diseases, pathogens, or | 7 | | fungi, as well as treatment and caretaking requirements. Any | 8 | | herptile harboring a disease, pathogen, or fungus specified in | 9 | | administrative rule may be subject to confiscation and | 10 | | forfeiture. | 11 | | (510 ILCS 68/45-5)
| 12 | | Sec. 45-5. Permit application and fees. An applicant for a | 13 | | Herptile Scientific Collection permit must file an application | 14 | | with the Department on a form provided by the Department. The | 15 | | application must include all information and requirements as | 16 | | set by administrative rule. The application for these permits | 17 | | shall be reviewed by the Department to determine if a permit | 18 | | should be issued.
| 19 | | Unless addressed or exempted by administrative rule, | 20 | | annual permit renewal must be accompanied by non-refundable fee | 21 | | as set by the Department. The annual fee for a Herptile | 22 | | Scientific Collection permit shall be set by administrative | 23 | | rule. The Department shall adopt, by administrative rule, any | 24 | | additional procedures for the renewal of a Herptile Scientific | 25 | | Collection permit. All fees shall be deposited into the |
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| 1 | | Illinois Fish and Wildlife Preservation Fund.
| 2 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 3 | | (510 ILCS 68/55-5)
| 4 | | Sec. 55-5. Permit application and fees. An applicant for a | 5 | | Herpetoculture permit must file an application with the | 6 | | Department on a form provided by the Department. The | 7 | | application must include all information and requirements as | 8 | | set forth by administrative rule. The application for these | 9 | | permits shall be reviewed by the Department to determine if a | 10 | | permit should be issued.
| 11 | | Unless addressed or exempted by administrative rule, | 12 | | annual permit renewal must be accompanied by a non-refundable | 13 | | fee as set by the Department. The annual fee for a residential | 14 | | Herpetoculture permit shall be set by administrative rule. The | 15 | | Department shall adopt, by administrative rule, any additional | 16 | | procedures for the renewal of a Herpetoculture permit. All fees | 17 | | shall be deposited into the Illinois Wildlife Preservation and | 18 | | Fish Fund.
| 19 | | As determined by the Department, non-residents may apply | 20 | | for a permit not to exceed 15 consecutive days to commercialize | 21 | | herptiles indigenous to this State as outlined in this Article. | 22 | | The fee for the permit shall be set by administrative rule, and | 23 | | all fees shall be deposited into the Illinois Wildlife | 24 | | Preservation and Fish Fund.
| 25 | | The Department shall adopt, by administrative rule, |
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| 1 | | additional procedures for the renewal of annual Herpetoculture | 2 | | permits.
| 3 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 4 | | (510 ILCS 68/65-5)
| 5 | | Sec. 65-5. Permit application and fees. An applicant for a | 6 | | Herptile Special Use permit must file an application with the | 7 | | Department on a form provided by the Department. The | 8 | | application must include all information and requirements as | 9 | | set forth by administrative rule.
| 10 | | The annual fee for a residential Herptile Special Use | 11 | | permit shall be set by administrative rule on a per person | 12 | | basis. The Herptile Special Use permit shall not be based on | 13 | | the number of special use herptile kept by an owner or | 14 | | possessor. All fees shall be deposited into the Illinois | 15 | | Wildlife Preservation and Fish Fund.
| 16 | | The Department shall adopt, by administrative rule, | 17 | | procedures for the renewal of annual Herptile Special Use | 18 | | permits. | 19 | | Any person possessing and in legal possession of a special | 20 | | use herptile as stipulated in this Article that no longer | 21 | | wishes to keep the herptile may be assisted by the Department, | 22 | | at no charge to them and without prosecution, to place the | 23 | | special use herptile in a new home, within 30 days after the | 24 | | effective date of this Act. | 25 | | The Department may issue a Limited Entry permit to an |
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| 1 | | applicant who: (i) is not a resident of this State; (ii) | 2 | | complies with the requirements of this Act and all rules | 3 | | adopted by the Department under the authority of this Act; | 4 | | (iii) provides proof to the Department that he or she shall, | 5 | | during the permit term, maintain sufficient liability | 6 | | insurance coverage; (iv) pays to the Department, along with | 7 | | each application for a Limited Entry permit, a non-refundable | 8 | | fee as set by administrative rule, which the Department shall | 9 | | deposit into the Wildlife and Fish Fund; and (v) uses the | 10 | | herptile for an activity authorized in the Limited Entry | 11 | | permit. A Limited Entry permit shall be valid for not more than | 12 | | 15 30 consecutive days unless extended by the Department, | 13 | | however, no extension shall be longer than 15 days .
| 14 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 15 | | (510 ILCS 68/90-5)
| 16 | | Sec. 90-5. Penalties. A person who violates Article 85 of | 17 | | this Act is guilty of a Class A misdemeanor for a first offense | 18 | | and a Class 4 felony for a second or subsequent offense | 19 | | occurring within one year after a finding of guilt on a first | 20 | | offense. A person who violates Article 75 of this Act is guilty | 21 | | of a Class B misdemeanor. Each day of a violation constitutes a | 22 | | separate offense. Any other violation of this Act is a Class A | 23 | | misdemeanor unless otherwise stated. | 24 | | In addition to any fines imposed under this Section or as | 25 | | otherwise provided in this Act, any person found guilty of |
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| 1 | | unlawfully taking or possessing any species protected by this | 2 | | Act, shall be assessed a civil penalty for such species in | 3 | | accordance with the values prescribed in Section 105-95. | 4 | | All fines and penalties collected under the authority of | 5 | | this Act or its administrative rules shall be deposited into | 6 | | the Illinois Wildlife Preservation and Fish Fund.
| 7 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 8 | | (510 ILCS 68/95-10)
| 9 | | Sec. 95-10. Civil liability and immunity. If any herptile | 10 | | escapes or is released, the owner and possessor of the herptile | 11 | | shall be strictly liable for all costs incurred in apprehending | 12 | | and confining the herptile, including any injuries incurred to | 13 | | humans or damage to property, both real and personal, including | 14 | | pets and livestock, and the owner shall indemnify any animal | 15 | | control officer, police officer, or Department employee acting | 16 | | in his or her official capacity to capture or control an | 17 | | escaped herptile.
| 18 | | The owner, keeper, or possessor of an escaped herptile | 19 | | shall be solely responsible for any and all liabilities arising | 20 | | out of or in connection with the escape or release of any | 21 | | herptile including liability for any damage, injury, or death | 22 | | caused by or to the herptile during or after the herptile's | 23 | | escape or release or as a result of the apprehension or | 24 | | confinement of the herptile after its escape or release. In | 25 | | addition, the owner, keeper, or possessor of an escaped |
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| 1 | | herptile shall be solely responsible for any and all costs | 2 | | incurred by an animal control officer, police officer, or | 3 | | Department employee acting in his or her official capacity to | 4 | | capture or control an escaped herptile. | 5 | | A licensed veterinarian who may have cause to treat a | 6 | | special use herptile that is in violation of this Act shall not | 7 | | be held liable, except for willful and wanton misconduct, under | 8 | | this Act provided that the veterinarian (i) promptly reports | 9 | | violations of this Act of which he or she has knowledge to a | 10 | | law enforcement agency within 24 hours after becoming aware of | 11 | | the incident; (ii) provides the name, address, and phone number | 12 | | of the person possessing the special use herptile at time of | 13 | | incident or treatment; (iii) provides the name and address of | 14 | | the owner of the special use herptile if known; (iv) identifies | 15 | | the kind and number of special use herptiles being treated; and | 16 | | (v) describes the reason for the treatment of the special use | 17 | | herptile.
| 18 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 19 | | (510 ILCS 68/100-5)
| 20 | | Sec. 100-5. Prima facie evidence; confiscation. The | 21 | | possession of any reptile or amphibian life or any part of | 22 | | reptile or amphibian life protected under this Act is prima | 23 | | facie evidence that the reptile or amphibian life or any part | 24 | | of reptile or amphibian life is subject to the provisions of | 25 | | this Act, including administrative rules. |
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| 1 | | Whenever the contents of any box, barrel, package, or | 2 | | receptacle consists partly of contraband and partly of legal | 3 | | reptile or amphibian life or any part of reptile or amphibian | 4 | | life, the entire contents of the box, barrel, or package, or | 5 | | other receptacle are subject to seizure and forfeiture | 6 | | confiscation . | 7 | | Whenever a person has in his or her possession in excess of | 8 | | the number of reptile or amphibian life or any parts of reptile | 9 | | or amphibian life permitted under this Act, including | 10 | | administrative rules, the entire number of reptile or amphibian | 11 | | life or any parts of reptile or amphibian life in his or her | 12 | | possession is subject to seizure and forfeiture confiscation .
| 13 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 14 | | (510 ILCS 68/105-10)
| 15 | | Sec. 105-10. Conservation of reptiles and amphibians. The | 16 | | Department shall take all measures necessary for the | 17 | | conservation, distribution, introduction, and restoration of | 18 | | reptiles and amphibians. After any investigation when it is | 19 | | found by the Department that there is imminent danger of loss | 20 | | of native reptiles and amphibians, the Director may authorize | 21 | | the taking of native reptiles and amphibians from any area and | 22 | | specify other reasonable limits, methods, and devices as the | 23 | | Director may deem advisable to salvage imperiled species. The | 24 | | Department shall also bring or cause to be brought actions and | 25 | | proceedings, in the name and by the authority of the People of |
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| 1 | | the State of Illinois, to enforce this Act, including | 2 | | administrative rules, and to recover any and all fines and | 3 | | penalties provided for in this Act. Nothing in this Act shall | 4 | | be construed to authorize the Department to change any penalty | 5 | | prescribed by law or to change the amount of license fees or | 6 | | the authority conferred by licenses prescribed by law. The | 7 | | Department is authorized to cooperate with the appropriate | 8 | | Departments of the federal government and other Departments or | 9 | | agencies of State government and educational institutions in | 10 | | conducting surveys, experiments, or work of joint interest or | 11 | | benefit.
| 12 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 13 | | (510 ILCS 68/105-35)
| 14 | | Sec. 105-35. Collection of fines. All fines provided for by | 15 | | this Act shall be collected and remitted to the Illinois | 16 | | Department's Wildlife Preservation and Fish Fund, within 30 | 17 | | days after the collection of the fine, by the clerk of the | 18 | | circuit court collecting the fines who shall submit at the same | 19 | | time to the Department a statement of the names of the persons | 20 | | so fined and the name of the arresting officer, the offense | 21 | | committed, the amount of the fine, and the date of the | 22 | | conviction.
| 23 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 24 | | (510 ILCS 68/105-55) |
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| 1 | | Sec. 105-55. Illegal collecting devices; public nuisance. | 2 | | Every collecting device, including seines, nets, traps, | 3 | | pillowcases, bags, snake hooks or tongs, or any electrical | 4 | | device or any other devices including vehicles or conveyance, | 5 | | watercraft, or aircraft used or operated illegally or attempted | 6 | | to be used or operated illegally by any person in taking, | 7 | | transporting, holding, or conveying any reptile or amphibian | 8 | | life or any part of reptile or amphibian life, contrary to this | 9 | | Act, including administrative rules, shall be deemed a public | 10 | | nuisance and therefore illegal and subject to seizure and | 11 | | confiscation by any authorized employee of the Department. Upon | 12 | | the seizure of this item, the Department shall take and hold | 13 | | the item until disposed of as provided in this Act. | 14 | | Upon the seizure of any device because of its illegal use, | 15 | | the officer or authorized employee of the Department making the | 16 | | seizure shall, as soon as reasonably possible, cause a | 17 | | complaint to be filed before the circuit court and a summons to | 18 | | be issued requiring the owner or person in possession of the | 19 | | property to appear in court and show cause why the device | 20 | | seized should not be forfeited to the State. Upon the return of | 21 | | the summons duly served or upon posting or publication of | 22 | | notice as provided in this Act, the court shall proceed to | 23 | | determine the question of the illegality of the use of the | 24 | | seized property. Upon judgment being entered that the property | 25 | | was illegally used, an order shall be entered providing for the | 26 | | forfeiture of the seized property to the State. The owner of |
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| 1 | | the property may have a jury determine the illegality of its | 2 | | use and shall have the right of an appeal as in other civil | 3 | | cases. Confiscation or forfeiture shall not preclude or | 4 | | mitigate against prosecution and assessment of penalties | 5 | | provided in Article 90 of this Act. | 6 | | Upon seizure of any property under circumstances | 7 | | supporting a reasonable belief that the property was abandoned, | 8 | | lost, stolen, or otherwise illegally possessed or used contrary | 9 | | to this Act, except property seized during a search or arrest, | 10 | | and ultimately returned, destroyed, or otherwise disposed of | 11 | | under order of a court in accordance with this Act, the | 12 | | authorized employee of the Department shall make reasonable | 13 | | inquiry and efforts to identify and notify the owner or other | 14 | | person entitled to possession of the property and shall return | 15 | | the property after the person provides reasonable and | 16 | | satisfactory proof of his or her ownership or right to | 17 | | possession and reimburses the Department for all reasonable | 18 | | expenses of custody. If the identity or location of the owner | 19 | | or other person entitled to possession of the property has not | 20 | | been ascertained within 6 months after the Department obtains | 21 | | possession, the Department shall effectuate the sale of the | 22 | | property for cash to the highest bidder at a public auction. | 23 | | The owner or other person entitled to possession of the | 24 | | property may claim and recover possession of the property at | 25 | | any time before its sale at public auction upon providing | 26 | | reasonable and satisfactory proof of ownership or right of |
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| 1 | | possession and reimbursing the Department for all reasonable | 2 | | expenses of custody. | 3 | | Any property forfeited to the State by court order under | 4 | | this Section may be disposed of by public auction, except that | 5 | | any property that is the subject of a court order shall not be | 6 | | disposed of pending appeal of the order. The proceeds of the | 7 | | sales at auction shall be deposited in the Illinois Wildlife | 8 | | Preservation and Fish Fund. | 9 | | The Department shall pay all costs of posting or | 10 | | publication of notices required by this Section. | 11 | | Property seized or forfeited under this Section is subject | 12 | | to reporting under the Seizure and Forfeiture Reporting Act.
| 13 | | (Source: P.A. 100-512, eff. 7-1-18 .) | 14 | | (510 ILCS 68/105-75)
| 15 | | Sec. 105-75. Illinois Wildlife Preservation and Fish Fund; | 16 | | disposition of money received. All fees, fines, income of | 17 | | whatever kind or nature derived from reptile and amphibian | 18 | | activities regulated by this Act on lands, waters, or both | 19 | | under the jurisdiction or control of the Department and all | 20 | | penalties collected under this Act shall be deposited into the | 21 | | State treasury and shall be set apart in a special fund known | 22 | | as the Illinois Wildlife Preservation and Fish Fund.
| 23 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 24 | | (510 ILCS 68/105-100)
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| 1 | | Sec. 105-100. Home rule. A municipality or county may adopt | 2 | | an ordinance governing amphibian and reptile species captive | 3 | | ownership that is more restrictive than this Act.
| 4 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 5 | | (510 ILCS 68/110-5)
| 6 | | Sec. 110-5. Exemptions. When acting in their official | 7 | | capacity, the following entities and their agents are exempt | 8 | | from Articles 75 and 85 of this Act:
| 9 | | (1) public zoos or aquaria accredited by the | 10 | | Association of Zoos and Aquariums or the Zoological | 11 | | Association of America;
| 12 | | (2) licensed veterinarians or anyone operating under | 13 | | the authority of a licensed veterinarian that is actively | 14 | | treating a Special Use Herptile in his or her care and is | 15 | | being maintained in the veterinarian facility under | 16 | | Section 10-25, 20-15, or 25-15 in order to prevent escape | 17 | | and protect public health and safety ;
| 18 | | (3) (blank) wildlife sanctuaries ;
| 19 | | (4) accredited research or medical institutions;
| 20 | | (5) licensed or accredited educational institutions;
| 21 | | (6) circuses licensed and in compliance with the Animal | 22 | | Welfare Act and all rules adopted by the Department of | 23 | | Agriculture;
| 24 | | (7) federal, State, and local law enforcement | 25 | | officers, including animal control officers acting under |
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| 1 | | the authority of this Act;
| 2 | | (8) members of federal, State, or local agencies or as | 3 | | otherwise authorized approved by the Department;
| 4 | | (9) (blank) any bona fide wildlife rehabilitation | 5 | | facility licensed or otherwise authorized by the | 6 | | Department ; and
| 7 | | (10) any non-resident motion picture or television | 8 | | production company that uses licensed dealers, exhibitors, | 9 | | and transporters under the federal Animal Welfare Act, 7 | 10 | | U.S.C. 2132.
| 11 | | (Source: P.A. 98-752, eff. 1-1-15 .) | 12 | | Section 10. The Fish and Aquatic Life Code is amended by | 13 | | changing Section 1-20 as follows:
| 14 | | (515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
| 15 | | Sec. 1-20. Aquatic life. "Aquatic life" means all
fish, | 16 | | reptiles, amphibians, aquatic mollusks, crustaceans, algae, | 17 | | aquatic plants, and aquatic invertebrates and any other aquatic | 18 | | animal or plant that the Department identifies in | 19 | | administrative rules. Reptiles and amphibians are defined as | 20 | | "aquatic life" only for regulating fishing and consumptive take | 21 | | of herptile species in administrative rules. mollusks, | 22 | | crustaceans, algae, aquatic
plants, aquatic invertebrates, and | 23 | | any other aquatic animals or plants that the Department | 24 | | identifies in rules adopted after consultation with |
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| 1 | | biologists, zoologists, or other wildlife experts. "Aquatic | 2 | | life" does not mean any herptiles that are found in the | 3 | | Herptiles-Herps Act.
| 4 | | (Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; 99-78, | 5 | | eff. 7-20-15.)
| 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law.".
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