Full Text of SB3266 99th General Assembly
SB3266 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB3266 Introduced 2/19/2016, by Sen. Wm. Sam McCann SYNOPSIS AS INTRODUCED: |
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Amends the Herptiles-Herps Act. Provides that "administrative rule" means a rule adopted under the Illinois Administrative Procedure Act.
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| | A BILL FOR |
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| 1 | | AN ACT concerning animals.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Herptiles-Herps Act is amended by changing | 5 | | Section 1-15 as follows: | 6 | | (510 ILCS 68/1-15)
| 7 | | Sec. 1-15. Definitions. For the purposes of this Act, | 8 | | unless the context clearly requires otherwise, the following | 9 | | terms are defined as: | 10 | | "Administrative rule" means a rule adopted under the | 11 | | Illinois Administrative Procedure regulatory measure issued by | 12 | | the Director under this Act. | 13 | | "Authorized law enforcement officer" means all sworn | 14 | | members of the Law Enforcement Division of the Department and | 15 | | those persons specifically granted law enforcement | 16 | | authorization by the Director. | 17 | | "Bona fide scientific or educational institution" means | 18 | | confirming educational or scientific tax-exemption, from the | 19 | | federal Internal Revenue Service or the applicant's national, | 20 | | state, or local tax authority, or a statement of accreditation | 21 | | or recognition as an educational institution.
| 22 | | "Contraband" means all reptile or amphibian life or any | 23 | | part of reptile or amphibian life taken, bought, sold or |
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| 1 | | bartered, shipped, or held in possession or any conveyance, | 2 | | vehicle, watercraft, or other means of transportation | 3 | | whatsoever, except sealed railroad cars or other sealed common | 4 | | carriers, used to transport or ship any reptile or amphibian | 5 | | life or any part of reptile or amphibian life taken, contrary | 6 | | to this Act, including administrative rules, or used to | 7 | | transport, contrary to this Act, including administrative | 8 | | rules, any of the specified species when taken illegally.
| 9 | | "Culling" means picking out from others and removing | 10 | | rejected members because of inferior quality. | 11 | | "Department" means the Illinois Department of Natural | 12 | | Resources. | 13 | | "Director" means the Director of the Illinois Department of | 14 | | Natural Resources. | 15 | | "Educational program" means a program of organized | 16 | | instruction or study for providing education intended to meet a | 17 | | public need. | 18 | | "Endangered or threatened species" means any species | 19 | | listed as endangered or threatened to the species level on | 20 | | either the Illinois List of Endangered and Threatened Fauna or | 21 | | the federal U.S. Fish and Wildlife Service List of Threatened | 22 | | and Endangered Species. | 23 | | "Herptile" means collectively any amphibian or reptile | 24 | | taxon, whether indigenous to this State or not. | 25 | | "Indigenous or native taxa" means those amphibians and | 26 | | reptiles to the subspecies level that can be found naturally in |
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| 1 | | this State. | 2 | | "Individual" means a natural person. | 3 | | "Medically significant" means a venomous or poisonous | 4 | | species whose venom or toxin can cause death or serious illness | 5 | | or injury in humans that may require emergency room care or the | 6 | | immediate care of a physician. These species are categorized as | 7 | | being "medically significant" or "medically important". | 8 | | "Owner" means an individual who has a legal right to the | 9 | | possession of a herptile. | 10 | | "Person" means any individual, partnership, corporation, | 11 | | organization, trade or professional association, firm, limited | 12 | | liability company, joint venture, or group. | 13 | | "Possession limit" means the maximum number or amount of | 14 | | herptiles that can be lawfully held or possessed by one person | 15 | | at any time. | 16 | | "Possessor" means any person who possesses, keeps, | 17 | | harbors, brings into the State, cares for, acts as a custodian | 18 | | for, has in his or her custody or control, or holds a property | 19 | | right to a herptile. | 20 | | "Reptile show" means any event open to the public, for a | 21 | | fee or without a fee, that is not a licensed pet store, where | 22 | | herptiles or herptiles together with other animals are | 23 | | exhibited, displayed, sold, bought, traded, or otherwise made | 24 | | available for public display. | 25 | | "Resident" means a person who in good faith makes | 26 | | application for any license or permit and verifies by statement |
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| 1 | | that he or she has maintained his or her permanent abode in | 2 | | this State for a period of at least 30 consecutive days | 3 | | immediately preceding the person's application, and who does | 4 | | not maintain permanent abode or claim residency in another | 5 | | state for the purposes of obtaining any of the same or similar | 6 | | licenses or permits under this Act. A person's permanent abode | 7 | | is his or her fixed and permanent dwelling place, as | 8 | | distinguished from a temporary or transient place of residence. | 9 | | Domiciliary intent is required to establish that the person is | 10 | | maintaining his or her permanent abode in this State. Evidence | 11 | | of domiciliary intent includes, but is not limited to, the | 12 | | location where the person votes, pays personal income tax, or | 13 | | obtains a drivers license. Any person on active duty in the | 14 | | Armed Forces shall be considered a resident of Illinois during | 15 | | his or her period of military duty. | 16 | | "Special use herptile" means any taxon of amphibian or | 17 | | reptile for which a Herptile Special Use permit is required. | 18 | | "Take" means possess, collect, catch, detain, hunt, shoot, | 19 | | pursue, lure, kill, destroy, capture, gig or spear, trap or | 20 | | ensnare, harass, or an attempt to do so.
| 21 | | "Transport" or "ship" means to convey by parcel post, | 22 | | express, freight, baggage, or shipment by common carrier or any | 23 | | description; by automobile, motorcycle, or other vehicle of any | 24 | | kind; by water or aircraft of any kind; or by any other means | 25 | | of transportation.
| 26 | | "Turtle farming" means the act of breeding, hatching, |
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| 1 | | raising, selling turtles, or any combination commercially for | 2 | | the purpose of providing turtles, turtle eggs, or turtle parts | 3 | | to pet suppliers, exporters, and food industries. | 4 | | "Wildlife sanctuary" means any non-profit organization | 5 | | that: (1) is exempt from taxation under the federal Internal | 6 | | Revenue Code and is currently confirmed as tax exempt by the | 7 | | federal Internal Revenue Service; (2) operates a place of | 8 | | refuge where wild animals are provided care for their lifetime | 9 | | or released back to their natural range; (3) does not conduct | 10 | | activities on animals in its possession that are not inherent | 11 | | to the animal's nature; (4) does not use animals in its | 12 | | possession for entertainment; (5) does not sell, trade, or | 13 | | barter animals in its possession or parts of those animals; and | 14 | | (6) does not breed animals in its possession.
| 15 | | (Source: P.A. 98-752, eff. 1-1-15 .)
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