Full Text of SB2362 98th General Assembly
SB2362sam001 98TH GENERAL ASSEMBLY | Sen. James F. Clayborne, Jr. Filed: 3/15/2013
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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 | | "Culling" means rejecting or discarding. | 16 | | "Department" means the Illinois Department of Natural | 17 | | Resources. | 18 | | "Director" means the Director of the Illinois Department of | 19 | | Natural Resources. | 20 | | "Educational program" means a program of organized | 21 | | instruction or study for providing education, intended to meet | 22 | | a public need. | 23 | | "Endangered or threatened species" means any species | 24 | | listed as endangered or threatened to the species level on |
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| 1 | | either the Illinois List of Endangered and Threatened Fauna or | 2 | | the federal U.S. Fish and Wildlife Service List of Threatened | 3 | | and Endangered Species. | 4 | | "Herptile" means collectively any amphibian or reptile | 5 | | taxa, whether indigenous to this State or not. | 6 | | "Indigenous or native taxa" means those amphibians and | 7 | | reptiles to the subspecies level that can be found naturally in | 8 | | this State. | 9 | | "Medically significant" means a venomous or poisonous | 10 | | species whose venom or toxin can cause death or serious illness | 11 | | or injury in humans that may require emergency room care or the | 12 | | immediate care of a physician. These species are usually | 13 | | categorized as being "medically significant" or "medically | 14 | | important". | 15 | | "Owner" means an individual who has a legal right to the | 16 | | possession of a herptile. | 17 | | "Person" means any individual, partnership, corporation, | 18 | | organization, trade or professional association, firm, limited | 19 | | liability company, joint venture, or group. | 20 | | "Possessor" means any person who possesses, keeps, | 21 | | harbors, brings into the State, cares for, acts as a custodian | 22 | | for, has in his or her custody or control, or holds a property | 23 | | right to a herptile. | 24 | | "Reptile show" means any event open to the public, for a | 25 | | fee or without a fee, that is not a licensed pet store, where | 26 | | herptiles or herptiles together with other animals are |
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| 1 | | exhibited, displayed, sold, bought, traded, or otherwise made | 2 | | available for public display. | 3 | | "Special use herptile" means any taxa of amphibian or | 4 | | reptile for which a Herptile Special Use permit is required. | 5 | | "Turtle farming" means the act of breeding, hatching, | 6 | | raising, selling turtles, or any combination commercially for | 7 | | the purpose of providing turtles, turtle eggs, or turtle parts | 8 | | to pet suppliers, exporters, and food industries. | 9 | | "Wildlife sanctuary" means any non-profit organization | 10 | | that: (1) is exempt from taxation under the federal Internal | 11 | | Revenue Code and is currently confirmed as tax exempt by the | 12 | | federal Internal Revenue Service; (2) operates a place of | 13 | | refuge where wild animals are provided care for their lifetime | 14 | | or released back to their natural range; (3) does not conduct | 15 | | activities on animals in its possession that are not inherent | 16 | | to the animal's nature; (4) does not use animals in its | 17 | | possession for entertainment; (5) does not sell, trade, or | 18 | | barter animals in its possession or parts of those animals; and | 19 | | (6) does not breed animals in its possession. | 20 | | Section 1-25. Financial value of herptiles. | 21 | | (a) For purposes of this Section, the financial value of | 22 | | all reptiles and amphibians described under this Act taken in | 23 | | violation of the Illinois Conservation Law, whether dressed or | 24 | | not dressed, is as follows: | 25 | | (1) for processed turtle parts, $8 for each pound or |
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| 1 | | fraction of a pound; for each non-processed turtle, $15 per | 2 | | whole turtle;
| 3 | | (2) for frogs, toads, salamanders, lizards, and | 4 | | snakes, $5 per herptile in whole or in part;
and | 5 | | (3) any person who, for profit or commercial purposes, | 6 | | knowingly captures or kills, possesses, offers for sale, | 7 | | sells, offers to barter, barters, offers to purchase, | 8 | | purchases, delivers for shipment, ships, exports, imports, | 9 | | causes to be shipped, exported, or imported, delivers for | 10 | | transportation, transports, or causes to be transported, | 11 | | carriers or causes to be carried, or receives for shipment, | 12 | | transportation, carriage, or export any reptile or | 13 | | amphibian life, in part or in whole of any of the reptiles | 14 | | and amphibians protected by this Act, and that reptile or | 15 | | amphibian life, in whole or in part, is valued in excess of | 16 | | a total of $300, as per value specified in subparagraphs | 17 | | (1) and (2) of this Section commits a Class 3 felony.
| 18 | | (b) The trier of fact may infer that a person "knowingly | 19 | | possesses" a reptile or amphibian, in whole or in part, | 20 | | captured or killed in violation of this Act, valued in excess | 21 | | of $600, as per value specified in subparagraphs (1) and (2) of | 22 | | subsection (a) of this Section.
| 23 | | ARTICLE 5. INDIGENOUS OR | 24 | | NATIVE HERPTILE TAXA |
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| 1 | | Section 5-5. Possession limits. | 2 | | (a) The possession limit for indigenous amphibian and | 3 | | reptile taxa (excluding common snapping turtles and bullfrogs) | 4 | | is 8 total collectively with no more than 4 per taxa. Captive | 5 | | born offspring of a legally held reptile or amphibian, not | 6 | | intended for commercial purposes, is exempt from the possession | 7 | | limits for a period of 30 days. Young of gravid wild-collected | 8 | | amphibians and reptiles shall be released at site of adult | 9 | | capture after birth.
| 10 | | (b) Only residents may possess herptiles collected from the | 11 | | wild within this State under a valid sport fishing license; | 12 | | non-residents may not possess herptiles collected from the wild | 13 | | within this State except for scientific purposes, with a | 14 | | Herptile Scientific Collection permit.
| 15 | | (c) All herptile species (other than bullfrogs and common | 16 | | snapping turtles) may be captured by hand. This shall not | 17 | | restrict the use of legally taken herptiles as bait by anglers. | 18 | | Any captured herptiles that are not to be retained in the | 19 | | possession of the captor shall be immediately released at the | 20 | | site of capture, unless taken with a lethal method such as bow | 21 | | and arrow, gig, spear, or pitchfork which does not permit | 22 | | release without harm. All common snapping turtles and bullfrogs | 23 | | taken for personal consumption must be kept and counted in the | 24 | | daily catch creel or bag. No culling of these 2 species for | 25 | | personal consumption is permitted.
| 26 | | (d) The trier of fact may infer that a person is collecting |
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| 1 | | from the wild within this State if he or she possesses | 2 | | indigenous reptiles or amphibians, in whole or in part, if no | 3 | | documentation exists stating that the animals were legally | 4 | | collected from the wild outside of this State.
| 5 | | (e) Residents may possess a total of 8 native herp | 6 | | specimens collectively, with no more than 4 per taxa, without | 7 | | obtaining and possessing either a Herptile Scientific | 8 | | Collection permit or Herpetoculture permit from the | 9 | | Department, regardless of the origin of the species. A sport | 10 | | fishing license is required for residents to legally collect | 11 | | any native herp taxa on private land, with the landowner's | 12 | | permission. Collecting herptiles on public lands shall require | 13 | | additional permits.
| 14 | | (f) Any resident wishing to possess more than his or her | 15 | | allowed possession limit, shall first apply to the Department | 16 | | for a Herptile Scientific Collection permit or Herpetoculture | 17 | | permit to do so. Issuance, modification, or denial of any and | 18 | | all of these permits shall be at the sole discretion of the | 19 | | Department.
| 20 | | (g) 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 its agents, to fit | 24 | | into this S/A category shall receive all benefits of this Act, | 25 | | as well as the Illinois Endangered Species Protection Act if | 26 | | applicable, and shall be included in an individual's overall |
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| 1 | | possession limit.
| 2 | | Section 5-10. Commercialization; herpetoculture. | 3 | | (a) It is unlawful to take, possess, buy, sell, offer to | 4 | | buy or sell or barter any reptile, amphibian, or their eggs, | 5 | | any resulting offspring, or parts taken from the wild in this | 6 | | State for commercial purposes unless otherwise authorized by | 7 | | law.
| 8 | | (b) The trier of fact may infer that a person is collecting | 9 | | from the wild within this State for commercial purposes if he | 10 | | or she possesses indigenous reptiles or amphibians, in whole or | 11 | | in part, for which no documentation exists stating that the | 12 | | animals were legally collected from the wild outside this | 13 | | State. | 14 | | (c) Due to the similarity of appearance (S/A) of certain | 15 | | intergrade or hybrid specimens, the Department retains the | 16 | | authority to enforce any and all provisions under this Act. | 17 | | Specimens determined by the Department, or its agents, to fit | 18 | | into this S/A category shall receive all benefits of this Act, | 19 | | as well as the Illinois Endangered Species Protection Act if | 20 | | applicable, and shall be included in an individual's overall | 21 | | possession limit.
| 22 | | (d) A valid, Department issued Herpetoculture permit shall | 23 | | apply only to indigenous herp taxa. A Herpetoculture permit | 24 | | shall not be required in order to commercialize non-indigenous | 25 | | 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 |
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| 1 | | well as the Illinois Endangered Species Protection Act if | 2 | | applicable, and shall be included in an individual's overall | 3 | | possession limit.
| 4 | | (d) Federally licensed exhibits shall not be exempt from | 5 | | the Illinois Endangered Species Protection Act.
| 6 | | (e) Any changes in T/E permit numbers for herptiles by | 7 | | current, existing permit holders shall be reported to the | 8 | | Department in writing no later than the first business day | 9 | | after that change occurred. Requests for permits by any | 10 | | resident acquiring a T/E species who is not permitted shall not | 11 | | be issued after-the-fact.
| 12 | | (f) Annual reports are due by January 31 of each year for | 13 | | the preceding year's activities. Failure to submit the annual | 14 | | report by the due date shall result in a permit violation.
| 15 | | (g) An annual fee for herptile T/E species permits, per | 16 | | permittee, shall be set by administrative rule.
| 17 | | Section 5-25. Taking of snakes. Unless otherwise provided | 18 | | in this Act, any non-threatened or non-endangered snake may be | 19 | | taken by the owners or bonafide tenants of lands actually | 20 | | residing on the lands and their children, parents, brothers, | 21 | | and sisters permanently residing with them. | 22 | | Section 5-30. Taking of turtles or bullfrogs; illegal | 23 | | devices. | 24 | | (a) No person shall take turtles or bullfrogs by commercial |
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| 1 | | fishing devices, including dip nets, hoop nets, traps, or | 2 | | seines, or by the use of firearms, airguns, or gas guns. | 3 | | Turtles may be taken only by hand or means of hook and line. | 4 | | (b) Bullfrog; common snapping turtle; open season. | 5 | | (1) All individuals taking bullfrogs shall possess a | 6 | | valid sport fishing license and may take bullfrogs only | 7 | | during the open season of June 15 through August 31, both | 8 | | dates inclusive. Bullfrogs may only be taken by hook and | 9 | | line, gig, pitchfork, spear, bow and arrow, hand, or | 10 | | landing net.
| 11 | | (2) The daily catch limit for all properly licensed | 12 | | persons is 12 bullfrogs. The possession limit total is 24 | 13 | | bullfrogs.
| 14 | | (3) All persons taking common snapping turtles shall | 15 | | possess a valid sport fishing license and may take common | 16 | | snapping turtles only during the open season of June 15 | 17 | | through August 31, both dates inclusive. Common snapping | 18 | | turtles (Chelydra serpentina) may be taken only by hand, | 19 | | hook and line, or bow and arrow, except in the counties | 20 | | listed in Section 5-35 where bowfishing for common snapping | 21 | | turtles is not allowed.
| 22 | | (4) The daily catch limit for all properly licensed | 23 | | persons is 2 common snapping turtles. The possession limit | 24 | | total is 4 common snapping turtles.
| 25 | | (c) The alligator snapping turtle (Macrochelys temminckii) | 26 | | is protected and may not be taken by any method including, but |
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| 1 | | not limited to, any sport fishing method.
| 2 | | Section 5-35. Areas closed to the taking of reptiles and | 3 | | amphibians. Unless otherwise allowed by law or administrative | 4 | | rule, the taking of reptiles and amphibians at any time and by | 5 | | any method is prohibited in the following areas:
| 6 | | The LaRue-Pine Hills or Otter Pond Research Natural Area in | 7 | | Union County. The closed area shall include the Research | 8 | | Natural Area as designated by the U.S. Forest Service and | 9 | | the right-of-way of Forest Road 345 with Forest Road 236 to | 10 | | the intersection of Forest Road 345 with the Missouri | 11 | | Pacific railroad tracks.
| 12 | | In the following counties bowfishing for common snapping | 13 | | turtles is not permitted: Randolph, Perry, Franklin, Hamilton, | 14 | | White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, | 15 | | Pope, Hardin, Massac, Pulaski, and Alexander, or in any | 16 | | additional counties added through administrative rule.
| 17 | | Section 5-40. Additional protective regulations. | 18 | | (a) Except as otherwise allowed by law or administrative | 19 | | rule, taking of the following species of reptiles and | 20 | | amphibians is prohibited:
| 21 | | Copperbelly water snake (Nerodia erythrogaster neglecta) | 22 | | in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson, | 23 | | Lawrence, Massac, Pope, Pulaski, Richland, Rock Island, | 24 | | Saline, Wabash, Wayne, and White counties.
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| 1 | | (b) Under this Act, the copperbelly water snake shall be | 2 | | treated as a listed threatened or endangered species within | 3 | | this State. The copperbelly water snakes shall receive all | 4 | | protection benefits and incidental take regulations as | 5 | | described under the Illinois Endangered Species Protection | 6 | | Act. | 7 | | (c) Because the range of the 2 species of Nerodia | 8 | | erythrogaster overlap in southern Illinois, and the meristic | 9 | | characters that separate these 2 subspecies is often | 10 | | problematic, the Department retains the authority to classify | 11 | | water snake specimens as similar in appearance (S/A) to the | 12 | | subspecies: neglecta. Specimens determined by the Department, | 13 | | or its agents, to fit into this neglecta S/A category shall | 14 | | receive all benefits of this Act, as well as the Illinois | 15 | | Endangered Species Protection Act.
| 16 | | Section 5-45. Translocation and release of herptiles. | 17 | | (a) No herptile indigenous species may be moved, | 18 | | translocated, or populations repatriated within this State | 19 | | without approval of the Department, after review of a proposal | 20 | | complete with long-term monitoring plan at least 5 years | 21 | | post-release.
| 22 | | (b) It shall be unlawful to intentionally or negligently | 23 | | release any non-indigenous herptile species into this State.
| 24 | | ARTICLE 10. VENOMOUS REPTILES |
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| 1 | | Section 10-5. Venomous reptile defined. Venomous reptiles | 2 | | include, but are not limited to, any medically significant | 3 | | venomous species of the families or genera of the Order | 4 | | Squamata: Helodermatidae, such as gila monsters and beaded | 5 | | lizards; Elapidae, such as cobras and coral snakes; | 6 | | Hydrophiidae, such as sea snakes; Viperidae and Crotalinae, | 7 | | such as vipers and pit vipers; Atractaspididae, such as | 8 | | burrowing asps; specified Colubridae addressed by | 9 | | administrative rule, in the following genera: West Indian | 10 | | racers (Alsophis); boigas and mangrove snakes (Boiga); road | 11 | | guarders (Conophis); Boomslangs (Dispholidus); false water | 12 | | cobras (Hydrodynastes); varied or hooded keelbacks | 13 | | (Macropisthodon); Malagasy cat-eyed snakes (Madagascarophis); | 14 | | Montpellier snakes (Malpolon); kukri snakes (Oligodon); | 15 | | collared snakes (Phalotris); palm snakes or green racers | 16 | | (Philodryas); sand snakes or racers (Psammophis); keelbacks | 17 | | (Rhabdophis); Lichtenstein's green racer (Philodryas | 18 | | olfersii); beaked snakes (Rhamphiophis); twig snakes | 19 | | (Thelotornis); black tree snakes (Thrasops); Pampas snakes | 20 | | (Tomodon); Wagler's snakes (Waglerophis); false fer-de-lances | 21 | | (Xenodon); specimens or eggs of the brown tree snake (Boiga | 22 | | irregularis); and any other species added through legislative | 23 | | process designated. | 24 | | 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) specifically | 8 | | from Georgia, known as "Type A". | 9 | | Except for Boomslangs (Dispholidus), twig snakes | 10 | | (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green | 11 | | racer (Philodryas olfersii), brown tree snake (Boiga | 12 | | irregularis), and medically significant snakes in the family | 13 | | Colubridae defined in Section 10-5 of this Article may be | 14 | | possessed by permit. | 15 | | Section 10-25. Maintenance of venomous reptiles. | 16 | | Permittees shall keep approved venomous reptiles in strong | 17 | | escape-proof enclosures that at a minimum are: impact | 18 | | resistant, locked at all times, prominently labeled with the | 19 | | permittee's full name, address, telephone number, list of cage | 20 | | contents by scientific and common names, and a sign labeled | 21 | | "venomous". The signage shall also include the type and | 22 | | location of antivenom and contact information of the person or | 23 | | organization possessing the antivenom. | 24 | | Section 10-30. Educational programs with approved venomous |
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| 1 | | reptiles. Permittees shall keep approved venomous reptiles in | 2 | | strong escape-proof enclosures that at a minimum are: impact | 3 | | resistant, locked at all times, prominently labeled with the | 4 | | permittee's full name, address, telephone number, list of cage | 5 | | contents by scientific and common names, and a sign labeled | 6 | | "venomous". Labeling shall also include the type and location | 7 | | of antivenom and contact information of the person or | 8 | | organization possessing the antivenom. Interiors of enclosures | 9 | | may not be accessible to the public. | 10 | | Section 10-35. Transport of approved venomous reptiles. | 11 | | During transport of any approved venomous reptile, it must be | 12 | | kept out of sight of the public in an escape-proof enclosure at | 13 | | all times that is labeled "venomous". Transport of any venomous | 14 | | reptile to any public venue, commercial establishment, retail | 15 | | establishment, or educational institution shall only be for | 16 | | bonafide educational programs or veterinary care. | 17 | | Section 10-40. Additional regulations. Venomous reptiles | 18 | | shall not be bred, sold, or offered for sale within this State. | 19 | | The Department may approve limited transfers among existing | 20 | | permittees at the sole discretion of the Department. | 21 | | As determined by the Department, non-residents may apply | 22 | | for a permit not to exceed 15 consecutive days to use venomous | 23 | | reptiles in bonafide educational programs. The fee for the | 24 | | permit shall be set by administrative rule, and all fees shall |
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| 1 | | be deposited into the Fish and Wildlife Fund.
| 2 | | ARTICLE 15. BOAS, | 3 | | PYTHONS, AND ANACONDAS | 4 | | Section 15-5. Boas, pythons, and anacondas. Nothing shall | 5 | | prohibit lawfully acquired possession of any of the Boidae | 6 | | family, such as boas, pythons, and anacondas, provided captive | 7 | | maintenance requirements from the Department as set forth in | 8 | | this Act are met. All boas, pythons, and anacondas referenced | 9 | | in this Act are exempt from the permit process, associated | 10 | | annual fee, and liability insurance coverage. | 11 | | Section 15-10. Maintenance of boas, pythons, and | 12 | | anacondas. Any species of boa, python, or anaconda, regardless | 13 | | of length, must be properly maintained in suitable, strong, | 14 | | impact resistant, escape-proof enclosures at all times unless | 15 | | being used for bonafide educational programs or trips for | 16 | | veterinary care. | 17 | | Section 15-15. Educational programs with boas, pythons, | 18 | | and anacondas. During any bonafide educational program | 19 | | involving boas, pythons, or anacondas, the owner or affiliated | 20 | | agent must maintain physical possession of the snake at all | 21 | | times if removed from a container or cage. Interiors of cages | 22 | | or containers used during educational programs may not be |
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| 1 | | accessible to the public. | 2 | | Section 15-20. Transport of boas, pythons, and anacondas. | 3 | | During transport of any boa, python, or anaconda, the snake | 4 | | must be kept out of sight of the public in an escape-proof | 5 | | enclosure at all times.
| 6 | | Section 15-25. Use of boas, pythons, and anacondas at | 7 | | reptile shows. An owner or affiliated agent must have physical | 8 | | possession and control of any boa, python, or anaconda at all | 9 | | times if removed from a container or cage. Uncontained boas, | 10 | | pythons, or anacondas removed from cages for examination or | 11 | | onlooker interaction must be kept confined either behind or at | 12 | | a display table. Interiors of cages or containers may not be | 13 | | accessible to the public. | 14 | | ARTICLE 20. CROCODILIANS | 15 | | Section 20-5. "Crocodilians" means any species of the Order | 16 | | Crocodilia, such as crocodiles, alligators, caimans, and | 17 | | gavials. | 18 | | Section 20-10. Crocodilian permit requirements. In | 19 | | addition to the requirements listed in Articles 60 and 65 of | 20 | | this Act, Herptile Special Use permits may be issued to | 21 | | residents using crocodilian species only for bonafide |
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| 1 | | educational programs, following an inspection and approval of | 2 | | the proposed facilities. A minimum of 6 documented programs | 3 | | shall be required of each permittee per calendar year. Unless | 4 | | addressed or exempted by administrative rule, annual permit | 5 | | renewal must be accompanied by a non-refundable fee as set by | 6 | | the Department and documented proof of educational programs | 7 | | completed on the recipient's letterhead. The Department or the | 8 | | Department of Agriculture reserves the right to inspect of | 9 | | permittees and facilities during reasonable hours. Additions | 10 | | to permits must be approved prior to acquisition of additional | 11 | | crocodilians, and any changes shall be reported to the | 12 | | Department in writing no later than the first business day | 13 | | after that change occurred. | 14 | | Section 20-15. Maintenance of crocodilians. Permittees | 15 | | shall keep crocodilians maintained in suitable, strong, impact | 16 | | resistant, escape-proof enclosures at all times unless being | 17 | | used for bonafide educational programs or trips for veterinary | 18 | | care. | 19 | | Section 20-20. Educational programs with crocodilians. | 20 | | During any bonafide educational program involving | 21 | | crocodilians, the owner or affiliated agent must maintain | 22 | | physical possession and control of the crocodilian at all times | 23 | | if removed from a container or cage. Interiors of cages or | 24 | | containers used during educational programs may not be |
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| 1 | | accessible to the public. Crocodilians removed from their cage | 2 | | or enclosure for educational programs must have either the | 3 | | mouth banded or taped shut or kept at a minimum of 10 feet from | 4 | | the public and also kept out of direct contact with the public. | 5 | | Section 20-25. Transport of crocodilians. During transport | 6 | | of any crocodilian, it must be kept out of sight of the public | 7 | | in an escape-proof enclosure at all times. Transport of any | 8 | | crocodilian to any public venue, commercial establishment, | 9 | | retail establishment, or educational institution shall only be | 10 | | for bonafide educational programs or veterinary care. | 11 | | Section 20-30. Additional regulations. Crocodilians shall | 12 | | not be bred, sold, or offered for sale within this State. | 13 | | As determined by the Department, non-residents may apply | 14 | | for a permit not to exceed 15 consecutive days to use | 15 | | crocodilians in bonafide educational programs. The fee for this | 16 | | permit shall be set by administrative rule, and all fees shall | 17 | | be deposited into the Fish and Wildlife Fund.
| 18 | | ARTICLE 25. MONITOR LIZARDS | 19 | | Section 25-5. "Monitor lizards" means the following | 20 | | members of the Varanidae family, specifically crocodile | 21 | | monitors as well as Komodo dragons. |
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| 1 | | Section 25-10. Monitor lizard permit requirements. In | 2 | | addition to those requirements listed in Articles 60 and 65 of | 3 | | this Act, Herptile Special Use permits may be issued to | 4 | | residents using monitor lizard species only for bonafide | 5 | | educational programs, following an inspection and approval of | 6 | | the proposed facilities. A minimum of 6 documented programs | 7 | | shall be required of each permittee per calendar year. Unless | 8 | | addressed or exempted by administrative rule, annual permit | 9 | | renewal must be accompanied by a non-refundable fee as set by | 10 | | the Department and documented proof of educational programs | 11 | | completed on the recipient's letterhead. The Department or the | 12 | | Department of Agriculture reserves the right to inspect of | 13 | | permittees and facilities during reasonable hours. Additions | 14 | | to permits must be approved prior to acquisition of additional | 15 | | monitor lizards, and any changes shall be reported to the | 16 | | Department in writing no later than the first business day | 17 | | after that change occurred.
| 18 | | Section 25-15. Maintenance of monitor lizards. Permittees | 19 | | shall keep monitor lizards maintained in suitable, strong, | 20 | | impact resistant, escape-proof enclosures at all times unless | 21 | | being used for bonafide educational programs or trips for | 22 | | veterinary care. | 23 | | Section 25-20. Educational programs with monitor lizards. | 24 | | During any bonafide educational program involving monitor |
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| 1 | | lizards, the owner or affiliated agent must maintain physical | 2 | | possession and control of the monitor lizard at all times if | 3 | | removed from a container or cage. Interiors of cages or | 4 | | containers used during educational programs may not be | 5 | | accessible to the public. Monitor lizards removed from their | 6 | | cage or enclosure for educational programs must have either the | 7 | | mouth banded or taped shut, or kept at a minimum of 10 feet | 8 | | from the public and also kept out of direct contact with the | 9 | | public. | 10 | | Section 25-25. Transport of monitor lizards. During | 11 | | transport of any monitor lizard, it must be kept out of sight | 12 | | of the public in an escape-proof enclosure at all times. | 13 | | Transport of a monitor lizard to any public venue, commercial | 14 | | establishment, retail establishment, or educational | 15 | | institution shall only be for bonafide educational programs or | 16 | | veterinary care. | 17 | | Section 25-30. Additional regulations. Monitor lizards | 18 | | shall not be bred, sold, or offered for sale within this State.
| 19 | | As determined by the Department, non-residents may apply | 20 | | for a permit not to exceed 15 consecutive days to use monitor | 21 | | lizards in bonafide educational programs. The fee for the | 22 | | permit shall be set by administrative rule, and all fees shall | 23 | | be deposited into the Fish and Wildlife Fund. |
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| 1 | | ARTICLE 30. TURTLES | 2 | | Section 30-5. Turtles. It is unlawful to buy, sell, or | 3 | | offer to sell any species of aquatic or semi-aquatic turtles in | 4 | | the Order Testudines (except for the terrestrial tortoises in | 5 | | the family Testudinidae) with a carapace length of 4 inches or | 6 | | less or their eggs within this State. | 7 | | Section 30-10. Turtle farming. Turtles shall not be | 8 | | commercially farmed in this State. | 9 | | ARTICLE 35. AMPHIBIANS | 10 | | Section 35-5. "Amphibians" means those medically | 11 | | significant poisonous amphibians capable of causing bodily | 12 | | harm to humans or animals, including, but not limited to, cane | 13 | | or marine toads (Bufo marinus) and Colorado river toads (Bufo | 14 | | alvarius), or any other amphibian found to be medically | 15 | | significant and shall only be allowed for bonafide educational | 16 | | purposes or research purposes by exempted institutions. | 17 | | Poison dart frogs bred and raised in captivity shall be | 18 | | exempt from the permit process.
| 19 | | ARTICLE 40. HERPTILE SCIENTIFIC | 20 | | COLLECTION PERMITS |
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| 1 | | Section 40-5. Permit issuance. Herptile Scientific | 2 | | Collection permits may be granted by the Department, in its | 3 | | sole discretion, to any properly accredited person at least 18 | 4 | | years of age, permitting the capture, marking, handling, | 5 | | banding, or collecting (including hide, skin, bones, teeth, | 6 | | claws, nests, eggs, or young), for strictly scientific | 7 | | purposes, of any of the herptiles not listed as endangered or | 8 | | threatened but now protected under this Act. A Herptile | 9 | | Scientific Collection permit may be granted to qualified | 10 | | individuals for purpose of salvaging dead, sick, or injured | 11 | | herptiles not listed as endangered or threatened but protected | 12 | | by this Act for permanent donation to bonafide public or state | 13 | | scientific, educational, or zoological institutions. | 14 | | Collecting herptiles on public lands shall require additional | 15 | | permits. | 16 | | Section 40-10. Permit requirements. The criteria and | 17 | | standards for a Herptile Scientific Collection permit shall be | 18 | | provided by administrative rule. The Department shall set forth | 19 | | applicable rules covering qualifications and facilities needed | 20 | | to obtain a permit. Disposition of herptiles taken under the | 21 | | authority of this Article shall be specified by the Department. | 22 | | The holder of each permit shall make to the Department a report | 23 | | in writing upon forms furnished by the Department. These | 24 | | reports shall be made (i) annually if the permit is granted for | 25 | | a period of one year or (ii) within 30 days after the |
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| 1 | | expiration of the permit if the permit is granted for a period | 2 | | of less than one year. These reports shall include information | 3 | | that the Department considers necessary. | 4 | | ARTICLE 45. HERPTILE SCIENTIFIC | 5 | | COLLECTION PERMIT APPLICATION AND FEES | 6 | | Section 40-5. Permit application and fees. An applicant for | 7 | | a Herptile Scientific Collection permit must file an | 8 | | application with the Department on a form provided by the | 9 | | Department. The application must include all information and | 10 | | requirements as set by administrative rule. The application for | 11 | | these permits shall be reviewed by the Department to determine | 12 | | if a permit should be issued.
| 13 | | Unless addressed or exempted by administrative rule, | 14 | | annual permit renewal must be accompanied by non-refundable fee | 15 | | as set by the Department. The annual fee for a Herptile | 16 | | Scientific Collection permit shall be set by administrative | 17 | | rule. The Department shall adopt, by administrative rule, any | 18 | | additional procedures for the renewal of a Herptile Scientific | 19 | | Collection permit. All fees shall be deposited into the Fish | 20 | | and Wildlife Fund.
| 21 | | ARTICLE 50. HERPETOCULTURE PERMITS | 22 | | Section 50-5. Permit issuance. Any person or business who |
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| 1 | | engages in the breeding, hatching, propagation, sale, or offer | 2 | | for sale of any indigenous herptile, regardless of origin, | 3 | | shall procure a permit from the Department. Herptiles | 4 | | specified, which are bred, hatched, propagated, or legally | 5 | | obtained by a person or business holding a permit as provided | 6 | | for in this Article, may be transported and sold or offered for | 7 | | sale within this State. | 8 | | Section 50-10. Permit requirements. Herpetoculture permit | 9 | | holders shall maintain written records of all herptiles | 10 | | indigenous to this State bought, sold, hatched, propagated, | 11 | | sold, or shipped for a minimum of 2 years after the date of the | 12 | | transaction and shall be made immediately available to | 13 | | authorized employees of the Department upon request. These | 14 | | records shall include the name and address of the buyer and | 15 | | seller, the appropriate permit number of the buyer and seller, | 16 | | the date of the transaction, the species name (both common and | 17 | | scientific), and the origin of herptile involved. Records of | 18 | | the annual operations, as may be required by the Department, | 19 | | shall be forwarded to the Department upon request.
| 20 | | The criteria and standards for a Herpetoculture permit | 21 | | shall be provided by administrative rule. The Department shall | 22 | | set forth applicable rules, including a list of herptiles | 23 | | indigenous to this State.
| 24 | | ARTICLE 55. HERPETOCULTURE |
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| 1 | | PERMITS APPLICATION AND FEES | 2 | | Section 55-5. Permit application and fees. An applicant | 3 | | for a Herpetoculture permit must file an application with the | 4 | | Department on a form provided by the Department. The | 5 | | application must include all information and requirements as | 6 | | set forth by administrative rule. The application for these | 7 | | permits shall be reviewed by the Department to determine if a | 8 | | permit should be issued.
| 9 | | Unless addressed or exempted by administrative rule, | 10 | | annual permit renewal must be accompanied by a non-refundable | 11 | | fee as set by the Department. The annual fee for a residential | 12 | | Herpetoculture permit shall be set by administrative rule. The | 13 | | Department shall adopt, by administrative rule, any additional | 14 | | procedures for the renewal of a Herpetoculture permit. All fees | 15 | | shall be deposited into the Fish and Wildlife Fund.
| 16 | | As determined by the Department, non-residents may apply | 17 | | for a permit not to exceed 15 consecutive days to commercialize | 18 | | herptiles indigenous to this State as outlined in this Article. | 19 | | The fee for the permit shall be set by administrative rule, and | 20 | | all fees shall be deposited into the Fish and Wildlife Fund.
| 21 | | The Department shall adopt, by administrative rule, | 22 | | additional procedures for the renewal of annual Herpetoculture | 23 | | permits.
| 24 | | Section 55-10. Additional regulations. Nothing in |
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| 1 | | Articles 50 and 55 shall be construed to give permittees | 2 | | authority to breed, hatch, propagate, sell, offer for sale, or | 3 | | otherwise commercialize any herptile or parts thereof from | 4 | | herptiles indigenous to this State, either partially or in | 5 | | whole, that originate from the wild in this State.
| 6 | | Any offspring resulting from the breeding of herptiles | 7 | | where one parent has been taken from the wild in this State and | 8 | | the other parent from non-Illinois stock or captive bred stock, | 9 | | may not be legally sold or otherwise commercialized and shall | 10 | | be treated as indigenous or native Illinois herp taxa subject | 11 | | to Article 5 of this Act.
| 12 | | Color or pattern variations (morphs) of any herptile | 13 | | indigenous to this State are not exempt from this Article.
| 14 | | Due to the similarity of appearance (S/A) of certain | 15 | | intergrade or hybrid specimens, the Department retains the | 16 | | authority to enforce any and all provisions under this Act. | 17 | | Specimens determined by the Department, or its agents, to fit | 18 | | into this S/A category shall receive all benefits of this Act, | 19 | | as well as the Illinois Endangered Species Protection Act if | 20 | | applicable.
| 21 | | ARTICLE 60. HERPTILE SPECIAL | 22 | | USE PERMIT REQUIREMENTS | 23 | | Section 60-5. Permit requirements. Prior to any person | 24 | | obtaining a Herptile Special Use permit, the following criteria |
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| 1 | | must be met:
| 2 | | (1) the person was in legal possession and is the legal | 3 | | possessor of the herptile prior to the effective date of | 4 | | this Act and the person applies for and is granted a | 5 | | Personal Possession permit for each special use herptile in | 6 | | the person's possession within 30 days after the enactment | 7 | | of this Act; or
| 8 | | (2) prior to acquiring a Herptile Special Use permit, | 9 | | the person must provide the name, address, date of birth, | 10 | | permit number, telephone number of the possessor, type or | 11 | | species, and the date the herptile is to be acquired.
| 12 | | The applicant must comply with all requirements of this Act | 13 | | and the rules adopted by the Department to obtain a Herptile | 14 | | Special Use permit. Prior to the issuance of the Herptile | 15 | | Special Use permit, the applicant must provide proof of | 16 | | liability insurance or surety bond in the amount of $100,000 | 17 | | for each Herptile Special Use permit up to a maximum of | 18 | | $1,000,000 and the insurance or surety bond is to be maintained | 19 | | during the term of the permit.
| 20 | | ARTICLE 65. HERPTILE SPECIAL USE | 21 | | PERMIT APPLICATION AND FEES | 22 | | Section 65-5. Permit application and fees. An applicant for | 23 | | a Herptile Special Use permit must file an application with the | 24 | | Department on a form provided by the Department. The |
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| 1 | | application must include all information and requirements as | 2 | | set forth by administrative rule.
| 3 | | The annual fee for a residential Herptile Special Use | 4 | | permit shall be set by administrative rule on a per person | 5 | | basis. The Herptile Special Use permit shall not be based on | 6 | | the number of special use herptile kept by an owner or | 7 | | possessor. All fees shall be deposited into the Fish and | 8 | | Wildlife Fund.
| 9 | | The Department shall adopt, by administrative rule, | 10 | | procedures for the renewal of annual Herptile Special Use | 11 | | permits. | 12 | | Any person possessing and in legal possession of a special | 13 | | use herptile as stipulated in this Article, that no longer | 14 | | wishes to keep the herptile may be assisted by the Department | 15 | | at no charge to them and without prosecution, to place the | 16 | | special use herptile in a new home, within 30 days after the | 17 | | effective date of this Act. | 18 | | The Department may issue a Limited Entry permit to an | 19 | | applicant who: (i) is not a resident of this State; (ii) | 20 | | complies with the requirements of this Act and all rules | 21 | | adopted by the Department under the authority of this Act; | 22 | | (iii) provides proof to the Department that he or she shall, | 23 | | during the permit term, maintain sufficient liability | 24 | | insurance coverage; (iv) pays to the Department along with each | 25 | | application for a Limited Entry permit a non-refundable fee as | 26 | | set by administrative rule, which the Department shall deposit |
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| 1 | | into the Fish and Wildlife Fund; and (v) uses the herptile for | 2 | | an activity authorized in the Limited Entry permit. A Limited | 3 | | Entry permit shall be valid for not more than 30 consecutive | 4 | | days unless extended by the Department, however, no extension | 5 | | shall be longer than 15 days.
| 6 | | ARTICLE 70. SUSPENSION OF | 7 | | PRIVILEGES AND REVOCATION OF | 8 | | HERPTILE SPECIAL USE PERMITS | 9 | | Section 70-5. Suspension of privileges and revocation of | 10 | | permits. A person who does not hold a Herptile Special Use | 11 | | permit or Limited Entry permit and who violates a provision of | 12 | | this Act or an administrative rule authorized under this Act | 13 | | shall have his or her privileges under this Act suspended for | 14 | | up to 5 years after the date that he or she is in violation of | 15 | | an initial offense, for up to 10 years after the date that he | 16 | | or she is in violation of a second offense, and for life for a | 17 | | third or subsequent offense.
| 18 | | A person who holds a Herptile Special Use permit or Limited | 19 | | Entry permit and who violates the provisions of this Act shall | 20 | | have his or her permit revoked and permit privileges under this | 21 | | Act suspended for a period of up to 2 years after the date that | 22 | | he or she is found guilty of an initial offense, for up to 10 | 23 | | years after the date that he or she is found guilty of a second | 24 | | offense, and for life for a third offense.
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| 1 | | A person whose privileges to possess a special use herptile | 2 | | have been suspended or permit revoked may appeal that decision | 3 | | in accordance with the provisions for appealing suspensions and | 4 | | revocations under Section 20-105 of Fish and Aquatic Life Code | 5 | | and Section 3.36 of the Wildlife Code.
| 6 | | ARTICLE 75. RECORD KEEPING REQUIREMENTS | 7 | | OF SPECIAL USE HERPTILES | 8 | | Section 75-5. Record keeping requirements. A person who | 9 | | possesses a special use herptile must maintain records | 10 | | pertaining to the acquisition, possession, and disposition of | 11 | | the special use herptile as provided by administrative rule. | 12 | | These records shall be maintained for a minimum of 2 years | 13 | | after the date the special use herptile is no longer in | 14 | | possession of the permit holder. All records are subject to | 15 | | inspection by authorized law enforcement officers. In addition | 16 | | to maintaining records, all special use herptiles must be | 17 | | either pit-tagged or micro-chipped to individually identify | 18 | | them and the pit-tag or microchip numbers are also to be | 19 | | maintained as other pertinent records, unless otherwise | 20 | | provided by administrative rule. | 21 | | ARTICLE 80. INJURY TO A | 22 | | MEMBER OF PUBLIC BY | 23 | | SPECIAL USE HERPTILES |
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| 1 | | Section 80-5. Injury to a member of public by special use | 2 | | herptiles. A person who possesses a special use herptile | 3 | | without complying with the requirements of this Act and the | 4 | | rules adopted under the authority of this Act and whose special | 5 | | use herptile harms a person when the possessor knew or should | 6 | | have known that the herptile had a propensity, when provoked or | 7 | | unprovoked, to harm, cause injury to, or otherwise | 8 | | substantially endanger a member of the public is guilty of a | 9 | | Class A misdemeanor. A person who fails to comply with the | 10 | | provisions of this Act and the rules adopted under the | 11 | | authority of this Act and who intentionally or knowingly allow | 12 | | a special use herptile to cause great bodily harm to, or the | 13 | | death of, a human is guilty of a Class 4 felony. | 14 | | ARTICLE 85. PROHIBITED ACTS WITH | 15 | | SPECIAL USE HERPTILES | 16 | | Section 85-5. Prohibited acts. Except as otherwise | 17 | | provided in this Act or by administrative rule, a person shall | 18 | | not own, possess, keep, import, transfer, harbor, bring into | 19 | | this State, breed, propagate, buy, sell, or offer to sell, or | 20 | | have in his or her custody or control a special use herptile.
| 21 | | A person shall not release any special use herptile into | 22 | | the wild at any time unless authorized by the Director in | 23 | | writing. The possessor of a special use herptile must |
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| 1 | | immediately contact the animal control authority or law | 2 | | enforcement agency of the municipality or county where the | 3 | | possessor resides if a special use herptile escapes or is | 4 | | released. | 5 | | The possessor of a special use herptile shall not keep, | 6 | | harbor, care for, transport, act as the custodian of, or | 7 | | maintain in his or her possession the special use herptile in | 8 | | anything other than an escape-proof enclosure.
| 9 | | The possessor of a special use herptile shall not transport | 10 | | the special use herptile to or possess the special use herptile | 11 | | at a public venue, commercial establishment, retail | 12 | | establishment, or educational institution unless specifically | 13 | | authorized by permit or required to render veterinary care to | 14 | | the special use herptile.
| 15 | | The possessor of a special use herptile, at all reasonable | 16 | | times, shall not deny the Department or its designated agents | 17 | | and officers access to premises where the possessor keeps a | 18 | | special use herptile to ensure compliance with this Act.
| 19 | | Except as otherwise provided in this Act or by | 20 | | administrative rule, a person shall not buy, sell, or barter, | 21 | | or offer to buy, sell, or barter a special use herptile.
| 22 | | ARTICLE 90. PENALTIES | 23 | | Section 90-5. Penalties. A person who violates Article 85 | 24 | | of this Act is guilty of a Class A misdemeanor for a first |
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| 1 | | offense and a Class 4 felony for a second or subsequent offense | 2 | | occurring within one year after a finding of guilt on a first | 3 | | offense. A person who violates Article 75 of this Act is guilty | 4 | | of a Class B misdemeanor. Each day of a violation constitutes a | 5 | | separate offense. A person who violates Articles 5, 10, 15, 20, | 6 | | 25, 30, 35, 40, 50, or 55 of this Act with a penalty not set | 7 | | forth is guilty of a Class A misdemeanor. | 8 | | All fines and penalties collected under the authority of | 9 | | this Act or its administrative rules shall be deposited into | 10 | | the Fish and Wildlife Fund. | 11 | | ARTICLE 95. CIVIL | 12 | | LIABILITY AND IMMUNITY | 13 | | Section 95-5. Assumption of risk. Each participant who | 14 | | owns, possesses, or keeps a herptile expressly assumes the risk | 15 | | of and legal responsibility for injury, loss, or damage to the | 16 | | person or the person's property that results from the | 17 | | ownership, possession, or keeping, of the herptile. Each owner, | 18 | | keeper, or possessor of a herptile shall be solely liable to | 19 | | manage, care for, and control a particular species, and it | 20 | | shall be the duty of each owner, keeper, or possessor, to | 21 | | maintain reasonable control of the particular herptile at all | 22 | | times, and to refrain from acting in a manner that may cause or | 23 | | contribute to the injury of person, whether in public or on | 24 | | private property. |
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| 1 | | Section 95-10. Civil liability and immunity. If any | 2 | | herptile escapes or is released, the owner and possessor of the | 3 | | herptile shall be strictly liable for all costs incurred in | 4 | | apprehending and confining the herptile; including any | 5 | | injuries incurred to humans or damage to property, both real | 6 | | and personal, including pets and livestock, and the owner shall | 7 | | indemnify any animal control officer, police officer, or | 8 | | Department employee acting in his or her official capacity to | 9 | | capture or control an escaped herptile.
| 10 | | The owner, keeper, or possessor of an escaped herptile | 11 | | shall be solely responsible for any and all liabilities arising | 12 | | out of or in connection with the escape or release of any | 13 | | herptile including liability for any damage, injury, or death | 14 | | caused by or to the herptile during or after the herptile's | 15 | | escape or release or as a result of the apprehension or | 16 | | confinement of the herptile after its escape or release. In | 17 | | addition, the owner, keeper, or possessor of an escaped | 18 | | herptile shall be solely responsible for any and all costs | 19 | | incurred by an animal control officer, police officer, or | 20 | | Department employee acting in his or her official capacity to | 21 | | capture or control an escaped herptile. | 22 | | A licensed veterinarian who may have cause to treat a | 23 | | special use herptile that is in violation of this Act shall not | 24 | | be held liable under this Act provided that the veterinarian | 25 | | (i) promptly reports violations of this Act of which he or she |
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| 1 | | has knowledge to a law enforcement agency within 24 hours after | 2 | | becoming aware of the incident; (ii) provides the name, | 3 | | address, and phone number of the person possessing the special | 4 | | use herptile at time of incident or treatment; (iii) provides | 5 | | the name and address of the owner of the special use herptile | 6 | | if known; (iv) identifies the kind and number of special use | 7 | | herptiles being treated; and (v) describes the reason for the | 8 | | treatment of the special use herptile.
| 9 | | ARTICLE 100. SEIZURE AND FORFEITURE | 10 | | Section 100-5. Seizure and forfeiture. If any person is | 11 | | found to possess a special use herptile that is in violation of | 12 | | this Act, including any administrative rules, then the special | 13 | | use herptile and any equipment or items used contrary to this | 14 | | Act shall be subject to seizure and forfeiture by the | 15 | | Department. Any special use herptile seized in violation of | 16 | | this Act may immediately be placed in a facility approved by | 17 | | the Department. | 18 | | If a person's special use herptile has been seized by the | 19 | | Department, then the owner and possessor of the special use | 20 | | herptile is liable for the reasonable costs associated with the | 21 | | seizure, placement, testing, and care for the special use | 22 | | herptile from the time of confiscation until the time the | 23 | | special use herptile is relocated to an approved facility or | 24 | | person holding a valid Herptile Special Use permit or is |
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| 1 | | otherwise disposed of by the Department. | 2 | | Any special use herptile and related items found abandoned | 3 | | shall become the property of the Department and disposed of | 4 | | according to Department rule.
| 5 | | The circuit court, in addition to any other penalty, may | 6 | | award any seized or confiscated special use herptiles or items | 7 | | to the Department as provided for in Section 1-215 of the Fish | 8 | | and Aquatic Life Code and Section 1.25 of the Wildlife Code. | 9 | | Further, the court, in addition to any other penalty, may | 10 | | assess a fee upon a person who pleads guilty to the provisions | 11 | | of this Act equal to the amount established or determined to | 12 | | maintain the special use herptile until it is permanently | 13 | | placed in a facility approved by the Department or otherwise | 14 | | disposed of.
| 15 | | ARTICLE 105. EXEMPTIONS | 16 | | Section 105-5. Exemptions. When acting in their official | 17 | | capacity, the following entities and their agents are exempt | 18 | | from the requirements of this Act:
| 19 | | (1) public zoos or aquaria accredited by the | 20 | | Association of Zoos and Aquariums;
| 21 | | (2) licensed veterinarians or anyone operating under | 22 | | the authority of a licensed veterinarian;
| 23 | | (3) wildlife sanctuaries;
| 24 | | (4) accredited research or medical institutions;
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| 1 | | (5) licensed or accredited educational institutions;
| 2 | | (6) circuses licensed and in compliance with the Animal | 3 | | Welfare Act and all rules adopted by the Department of | 4 | | Agriculture;
| 5 | | (7) federal, State, and local law enforcement | 6 | | officers, including animal control officers acting under | 7 | | the authority of this Act;
| 8 | | (8) members of federal, State, or local agencies | 9 | | approved by the Department;
| 10 | | (9) any bonafide wildlife rehabilitation facility | 11 | | licensed or otherwise authorized by the Department; and
| 12 | | (10) any motion picture or television production | 13 | | company that uses licensed dealers, exhibitors, and | 14 | | transporters under the federal Animal Welfare Act, 7 U.S.C. | 15 | | 2132.
| 16 | | Section 110. The Criminal Code of 2012 is amended by | 17 | | changing Section 48-10 as follows: | 18 | | (720 ILCS 5/48-10) | 19 | | Sec. 48-10. Dangerous animals. | 20 | | (a) Definitions. As used in this Section, unless the | 21 | | context otherwise requires: | 22 | | "Dangerous animal" means a lion, tiger, leopard, | 23 | | ocelot, jaguar, cheetah,
margay, mountain lion, lynx, | 24 | | bobcat, jaguarundi, bear, hyena, wolf or
coyote , or any |
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| 1 | | poisonous or life-threatening reptile . Dangerous animal | 2 | | does not mean any herptiles that are found in the | 3 | | Herptiles-Herps Act of 2013. | 4 | | "Owner" means any person who (1) has a right of | 5 | | property in a dangerous
animal or primate, (2) keeps or | 6 | | harbors a dangerous animal or primate, (3) has a dangerous | 7 | | animal
or primate in his or her care, or (4) acts as | 8 | | custodian of a dangerous animal or primate. | 9 | | "Person" means any individual, firm, association, | 10 | | partnership,
corporation, or other legal entity, any | 11 | | public or private institution, the
State, or any municipal | 12 | | corporation or political subdivision of the State. | 13 | | "Primate" means a nonhuman member of the order primate, | 14 | | including but not limited to chimpanzee, gorilla, | 15 | | orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye, | 16 | | and tarsier. | 17 | | (b) Dangerous animal or primate offense. No person shall | 18 | | have a right of property in, keep, harbor,
care for, act as | 19 | | custodian
of or maintain in
his or her possession any dangerous | 20 | | animal or primate except at a properly maintained zoological
| 21 | | park, federally licensed
exhibit, circus, college or | 22 | | university, scientific institution, research laboratory, | 23 | | veterinary hospital, hound running area, or animal
refuge in an | 24 | | escape-proof enclosure. | 25 | | (c) Exemptions. | 26 | | (1) This Section does not prohibit a person who had |
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| 1 | | lawful possession of a primate before January 1, 2011, from | 2 | | continuing to possess that primate if the person registers | 3 | | the animal by providing written notification to the local | 4 | | animal control administrator on or before April 1, 2011. | 5 | | The notification shall include: | 6 | | (A) the person's name, address, and telephone | 7 | | number; and | 8 | | (B) the type of primate, the age, a photograph, a | 9 | | description of any tattoo, microchip, or other | 10 | | identifying information, and a list of current | 11 | | inoculations. | 12 | | (2) This Section does not prohibit a person who is | 13 | | permanently disabled with a severe mobility impairment | 14 | | from possessing a single capuchin monkey to assist the | 15 | | person in performing daily tasks if: | 16 | | (A) the capuchin monkey was obtained from and | 17 | | trained at a licensed nonprofit organization described | 18 | | in Section 501(c)(3) of the Internal Revenue Code of | 19 | | 1986, the nonprofit tax status of which was obtained on | 20 | | the basis of a mission to improve the quality of life | 21 | | of severely mobility-impaired individuals; and | 22 | | (B) the person complies with the notification | 23 | | requirements as described in paragraph (1) of this | 24 | | subsection (c). | 25 | | (d) A person who registers a primate shall notify the local | 26 | | animal control administrator within 30 days of a change of |
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| 1 | | address. If the person moves to another locality within the | 2 | | State, the person shall register the primate with the new local | 3 | | animal control administrator within 30 days of moving by | 4 | | providing written notification as provided in paragraph (1) of | 5 | | subsection (c) and shall include proof of the prior | 6 | | registration. | 7 | | (e) A person who registers a primate shall notify the local | 8 | | animal control administrator immediately if the primate dies, | 9 | | escapes, or bites, scratches, or injures a person. | 10 | | (f) It is no defense to a violation of subsection (b)
that | 11 | | the person violating subsection
(b) has attempted to | 12 | | domesticate the dangerous animal. If there appears
to be | 13 | | imminent danger to the public, any
dangerous animal found not | 14 | | in compliance with the provisions of this Section
shall be | 15 | | subject to
seizure and may immediately be placed in an approved | 16 | | facility. Upon the
conviction of a person for a violation of | 17 | | subsection (b), the animal with regard
to which the conviction | 18 | | was obtained shall be confiscated and placed in an
approved | 19 | | facility, with the owner responsible for all costs
connected | 20 | | with the seizure and confiscation of the animal.
Approved | 21 | | facilities include, but are not limited to, a zoological park,
| 22 | | federally licensed exhibit,
humane society, veterinary | 23 | | hospital or animal refuge. | 24 | | (g) Sentence. Any person violating this Section is guilty | 25 | | of a Class C
misdemeanor. Any corporation or
partnership, any | 26 | | officer, director, manager or managerial agent of the
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| 1 | | partnership or corporation who violates this Section or causes | 2 | | the
partnership or corporation to violate this Section is | 3 | | guilty of a Class C misdemeanor. Each day of violation | 4 | | constitutes a separate offense.
| 5 | | (Source: P.A. 97-1108, eff. 1-1-13.)".
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