HB5758 99TH GENERAL ASSEMBLY

LRB099 18289 MGM 42661 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5758

Introduced , by Rep. Sara Feigenholtz

SYNOPSIS AS INTRODUCED:

520 ILCS 10/9	from Ch. 8, par. 339
520 ILCS 10/12 new

Amends the Illinois Endangered Species Protection Act. Provides that any person who houses, possesses, or is in direct contact with an elephant shall not use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant or permit an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant. Provides that any person who violates this provision shall be subject to a civil penalty of not less than $500 nor more than $10,000 for each violation, and shall be subject to permit revocation under the Act. Provides that the Department of Natural Resources may adopt rules to enforce this prohibition. Effective on January 1, 2017.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Endangered Species Protection Act is amended by changing Section 9 and by adding Section 12 as follows:

(520 ILCS 10/9) (from Ch. 8, par. 339)

Sec. 9.

Any person who violates any provision of this Act, except Section 12, shall be guilty of a Class A misdemeanor.

(Source: P.A. 77-2830.)

(520 ILCS 10/12 new)

Sec. 12. Use of bullhooks or similar devices on elephants prohibited.

(a) Notwithstanding any other provision of law, any person who houses, possesses, or is in direct contact with an elephant shall not:

(1) use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant; or

(2) permit an employee, agent, or contractor to use a bullhook, ankus, baseball bat, axe handle, pitchfork, or similar device designed to inflict pain for the purpose of training or controlling the behavior of an elephant.

The activities prohibited by this subsection (a) include brandishing, exhibiting, or displaying those devices in the presence of an elephant.

(b) Any person who violates this Section shall be subject to a civil penalty of not less than $500 nor more than $10,000 for each violation, and shall be subject to permit revocation under this Act.

(c) The Department may adopt rules to enforce this Section.

Section 99. Effective date. This Act takes effect January 1, 2017.