HB3265 EngrossedLRB101 08826 SLF 53915 b

1    AN ACT concerning animals.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Herptiles-Herps Act is amended by changing
5Sections 1-5, 1-15, 5-5, 5-20, 5-30, 5-35, 10-40, 20-30, 25-30,
645-5, 55-5, 65-5, 90-5, 95-10, 100-5, 105-10, 105-35, 105-55,
7105-75, 105-100, and 110-5, by adding Sections 5-2, and by
8adding Article 37 as follows:
 
9    (510 ILCS 68/1-5)
10    Sec. 1-5. Purpose. For purposes of this Act, reptiles and
11amphibians shall be exempt from the definition of "aquatic
12life" under Section 1-20 of the Fish and Aquatic Life Code,
13except for regulating fishing and consumptive take of herptile
14species. All rules and enforcement actions under the Illinois
15Conservation Law and the dangerous animals provisions in
16Section 48-10 of the Criminal Code of 2012 related to reptiles
17and amphibians shall be covered exclusively by this Act.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/1-15)
20    Sec. 1-15. Definitions. For the purposes of this Act,
21unless the context clearly requires otherwise, the following
22terms are defined as:

 

 

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1    "Administrative rule" means a regulatory measure issued by
2the Director under this Act.
3    "Authorized law enforcement officer" means all sworn
4members of the Law Enforcement Division of the Department and
5those persons specifically granted law enforcement
6authorization by the Director.
7    "Bona fide scientific or educational institution" means
8confirming educational or scientific tax-exemption, from the
9federal Internal Revenue Service or the applicant's national,
10state, or local tax authority, or a statement of accreditation
11or recognition as an educational institution.
12    "Contraband" means all reptile or amphibian life or any
13part of reptile or amphibian life taken, bought, sold or
14bartered, shipped, or held in possession or any conveyance,
15vehicle, watercraft, or other means of transportation
16whatsoever, except sealed railroad cars or other sealed common
17carriers, used to transport or ship any reptile or amphibian
18life or any part of reptile or amphibian life taken, contrary
19to this Act, including administrative rules, or used to
20transport, contrary to this Act, including administrative
21rules, any of the specified species when taken illegally.
22    "Culling" means picking out from others and removing
23rejected members because of inferior quality.
24    "Department" means the Illinois Department of Natural
25Resources.
26    "Director" means the Director of the Illinois Department of

 

 

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1Natural Resources.
2    "Educational program" means a program of organized
3instruction or study for providing education intended to meet a
4public need.
5    "Endangered or threatened species" means any species
6listed as endangered or threatened to the species level on
7either the Illinois List of Endangered and Threatened Fauna or
8the federal U.S. Fish and Wildlife Service List of Threatened
9and Endangered Species.
10    "Herptile" means collectively any amphibian or reptile
11taxon, whether indigenous to this State or not.
12    "Indigenous or native taxa" means those amphibians and
13reptiles to the subspecies level that can be found naturally in
14this State.
15    "Individual" means a natural person.
16    "Medically significant" means a venomous or poisonous
17species whose venom or toxin can cause death or serious illness
18or injury in humans that may require emergency room care or the
19immediate care of a physician. These species are categorized as
20being "medically significant" or "medically important".
21    "Owner" means an individual who has a legal right to the
22possession of a herptile.
23    "Person" means any individual, partnership, corporation,
24organization, trade or professional association, firm, limited
25liability company, joint venture, or group.
26    "Possession limit" means the maximum number or amount of

 

 

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1herptiles that can be lawfully held or possessed by one person
2at any time.
3    "Possessor" means any person who possesses, keeps,
4harbors, brings into the State, cares for, acts as a custodian
5for, has in his or her custody or control, or holds a property
6right to a herptile.
7    "Reptile show" means any event open to the public, for a
8fee or without a fee, that is not a licensed pet store, where
9herptiles or herptiles together with other animals are
10exhibited, displayed, sold, bought, traded, or otherwise made
11available for public display.
12    "Resident" means a person who in good faith makes
13application for any license or permit and verifies by statement
14that he or she has maintained his or her permanent abode in
15this State for a period of at least 30 consecutive days
16immediately preceding the person's application, and who does
17not maintain permanent abode or claim residency in another
18state for the purposes of obtaining any of the same or similar
19licenses or permits under this Act. A person's permanent abode
20is his or her fixed and permanent dwelling place, as
21distinguished from a temporary or transient place of residence.
22Domiciliary intent is required to establish that the person is
23maintaining his or her permanent abode in this State. Evidence
24of domiciliary intent includes, but is not limited to, the
25location where the person votes, pays personal income tax, or
26obtains a drivers license. Any person on active duty in the

 

 

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1Armed Forces shall be considered a resident of Illinois during
2his or her period of military duty.
3    "Special use herptile" means any taxon of amphibian or
4reptile including, but not limited to, crocodilians, Komodo
5dragons, crocodile monitor lizards, or venomous species for
6which a Herptile Special Use permit is required to acquire and
7possess.
8    "Take" means possess, collect, catch, detain, hunt, shoot,
9pursue, lure, kill, destroy, capture, gig or spear, trap or
10ensnare, harass, or an attempt to do so.
11    "Transport" or "ship" means to convey by parcel post,
12express, freight, baggage, or shipment by common carrier or any
13description; by automobile, motorcycle, or other vehicle of any
14kind; by water or aircraft of any kind; or by any other means
15of transportation.
16    "Turtle farming" means the act of breeding, hatching,
17raising, selling turtles, or any combination commercially for
18the purpose of providing turtles, turtle eggs, or turtle parts
19to pet suppliers, exporters, and food industries.
20    "Wildlife sanctuary" means any non-profit organization
21that: (1) is exempt from taxation under the federal Internal
22Revenue Code and is currently confirmed as tax exempt by the
23federal Internal Revenue Service; (2) operates a place of
24refuge where wild animals are provided care for their lifetime
25or released back to their natural range; (3) does not conduct
26activities on animals in its possession that are not inherent

 

 

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1to the animal's nature; (4) does not use animals in its
2possession for entertainment; (5) does not sell, trade, or
3barter animals in its possession or parts of those animals; and
4(6) does not breed animals in its possession.
5(Source: P.A. 98-752, eff. 1-1-15.)
 
6    (510 ILCS 68/5-2 new)
7    Sec. 5-2. Herptiles under this Act. It shall be unlawful
8for any person at any time to take, harass, disturb, possess,
9transport, cause to be shipped, commercialize, propagate,
10move, relocate, or release into the wild, any herptile whether
11dead or alive or the parts of herptiles, including, but not
12limited to, their nests and eggs, contrary to provisions of
13this Act or administrative rules. Any person who violates this
14Section shall be guilty of a Class B misdemeanor.
 
15    (510 ILCS 68/5-5)
16    Sec. 5-5. Possession limits.
17    (a) The possession limit for indigenous amphibian and
18reptile taxa (excluding common snapping turtles and bullfrogs)
19is 8 total collectively with no more than 4 per species. Young
20of gravid wild-collected amphibians and reptiles shall be
21returned to the site of adult capture after birth.
22    (b) Only residents may possess herptiles collected from the
23wild within this State under a valid sport fishing license;
24non-residents may not possess herptiles collected from the wild

 

 

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1within this State except for scientific purposes, with a
2Herptile Scientific Collection permit or for personal
3consumption as authorized by the Fish and Aquatic Life Code.
4    (c) All herptile species (other than bullfrogs and common
5snapping turtles) may be captured by hand only, unless
6otherwise authorized. This shall not restrict the use of
7legally taken herptiles as bait by anglers as authorized by the
8Fish and Aquatic Life Code. Any captured herptiles that are not
9to be retained in the possession of the captor shall be
10immediately released at the site of capture, unless taken with
11a lethal method such as bow and arrow, gig, spear, or pitchfork
12which does not permit release without harm. All common snapping
13turtles and bullfrogs taken for personal consumption must be
14kept and counted in the daily catch creel or bag. No culling of
15these 2 species for personal consumption is permitted.
16    (d) The trier of fact may infer that a person is collecting
17from the wild within this State if he or she possesses
18indigenous reptiles or amphibians, in whole or in part, if no
19documentation exists stating that the animals were legally
20collected from the wild outside of this State.
21    (e) Residents may possess a total of 8 native herp
22specimens collectively, with no more than 4 per species,
23without obtaining and possessing either a Herptile Scientific
24Collection permit or Herpetoculture permit from the
25Department, regardless of the origin of the species. A sport
26fishing license is required for residents, unless exempt from a

 

 

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1sport fishing license under Section 20-5 of the Fish and
2Aquatic Life Code, to legally collect any native herp taxon on
3private land, with the landowner's permission. Collecting
4herptiles on public lands shall require additional permits.
5    (f) Any resident wishing to possess more than his or her
6allowed possession limit shall first apply to the Department
7for a Herptile Scientific Collection permit or Herpetoculture
8permit to do so. Issuance, modification, or denial of any and
9all of these permits shall be at the sole discretion of the
10Department.
11    (g) Due to the similarity of appearance (S/A) of certain
12intergrade or hybrid specimens, the Department retains the
13authority to enforce any and all provisions under this Act.
14Specimens determined by the Department, or its agents, to fit
15into this S/A category shall receive all benefits of this Act,
16as well as the Illinois Endangered Species Protection Act if
17applicable, and shall be included in an individual's overall
18possession limit.
19(Source: P.A. 98-752, eff. 1-1-15.)
 
20    (510 ILCS 68/5-20)
21    Sec. 5-20. Taking of endangered or threatened species.
22    (a) No person shall take or possess any of the herptiles
23listed in the Illinois Endangered Species Protection Act or
24subsequent administrative rules, except as provided by this
25that Act and the Illinois Endangered Species Protection Act.

 

 

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1    (b) Any Department-permitted threatened or endangered
2(T/E) herptile species shall be exempt from an individual's
3overall possession limit under the permitting system set forth
4in this Act. However, any and all T/E specimens shall be
5officially recorded with the Department's Endangered Species
6Conservation Program. Any species occurring on the federal T/E
7list also requires a Department permit for possession,
8propagation, sale, or offer for sale unless otherwise permitted
9through the Department.
10    (c) Due to the similarity of appearance (S/A) of certain
11intergrade or hybrid specimens, the Department retains the
12authority to enforce any and all provisions under this Act.
13Specimens determined by the Department, or agents, to fit into
14this S/A category shall receive all benefits of this Act, as
15well as the Illinois Endangered Species Protection Act if
16applicable, and shall be included in an individual's overall
17possession limit.
18    (d) Federally licensed exhibits shall not be exempt from
19the Illinois Endangered Species Protection Act or this Act.
20    (e) Any changes in T/E permit numbers for herptiles by
21current, existing permit holders shall be reported to the
22Department in writing no later than the first business day
23after that change occurred. Requests for permits by any
24resident acquiring a T/E species who is not permitted shall not
25be issued after-the-fact.
26    (f) Annual reports are due by January 31 of each year for

 

 

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1the preceding year's activities. Failure to submit the annual
2report by the due date shall result in a permit violation.
3    (g) An annual fee for herptile T/E species permits, per
4permittee, shall be set by administrative rule. All fees for
5herptile T/E species permits shall be deposited into the
6Wildlife Preservation Fund.
7    (h) Procedures for acquisition, breeding, and sales of T/E
8herptile species shall be set forth in administrative rule.
9    (i) Record keeping requirements for T/E herptile species
10shall be set forth in administrative rule.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (510 ILCS 68/5-30)
13    Sec. 5-30. Taking of turtles or bullfrogs; illegal devices.
14    (a) No person shall take turtles or bullfrogs by commercial
15fishing devices, including dip nets, hoop nets, traps, or
16seines, or by the use of firearms, airguns, or gas guns.
17Turtles may be taken only by methods as provided in
18administrative rule hand or means of hook and line.
19    (b) Bullfrog; common snapping turtle; open season.
20        (1) All individuals taking bullfrogs shall possess a
21    valid sport fishing license, unless exempt from a sport
22    fishing license under Section 20-5 of the Fish and Aquatic
23    Life Code, and may take bullfrogs only during the open
24    season to be specified by administrative rule. Bullfrogs
25    may only be taken by hook and line, gig, pitchfork, spear,

 

 

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1    bow and arrow, hand, or landing net.
2        (2) The daily catch limit and total possession limit
3    for all properly licensed persons shall be specified by
4    administrative rule.
5        (3) All persons taking common snapping turtles shall
6    possess a valid sport fishing license, unless exempt from a
7    sport fishing license under Section 20-5 of the Fish and
8    Aquatic Life Code, and may take common snapping turtles
9    only during the open season to be specified by
10    administrative rule. Common snapping turtles (Chelydra
11    serpentina) may be taken only by methods as provided in
12    administrative rule hand, hook and line, or bow and arrow,
13    except in the counties listed in administrative rule
14    Section 5-35 where bowfishing for common snapping turtles
15    is not allowed.
16        (4) The daily catch limit and total possession limit
17    for all properly licensed persons shall be specified by
18    administrative rule.
19    (c) (Blank). The alligator snapping turtle (Macrochelys
20temminckii) is protected and may not be taken by any method
21including, but not limited to, any sport fishing method.
22(Source: P.A. 98-752, eff. 1-1-15.)
 
23    (510 ILCS 68/5-35)
24    Sec. 5-35. Areas closed to the taking of reptiles and
25amphibians.

 

 

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1    (a) Unless otherwise provided allowed by law or
2administrative rule, the taking of reptiles and amphibians at
3any time and by any method is prohibited in the following
4areas:
5    The LaRue-Pine Hills or Otter Pond Research Natural Area in
6    Union County. The closed area shall include the Research
7    Natural Area as designated by the U.S. Forest Service and
8    the right-of-way of Forest Road 345 with Forest Road 236 to
9    the intersection of Forest Road 345 with the Missouri
10    Pacific railroad tracks. Unless otherwise authorized,
11    possession of any collecting equipment is prohibited
12    within the closed area.
13        Any area the Department may close for any reason
14    including biological significance or disease through
15    administrative rules.
16    (b) (Blank). In the following counties bowfishing for
17common snapping turtles is not permitted: Randolph, Perry,
18Franklin, Hamilton, White, Gallatin, Saline, Williamson,
19Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski, and
20Alexander, or in any additional counties added through
21administrative rule.
22    (c) (Blank). Collection of wild turtles for races or other
23types of events involving congregating and gathering numbers of
24wild turtles is prohibited in counties where ranavirus has been
25documented. Inclusion on the county list shall be determined by
26rule.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/10-40)
3    Sec. 10-40. Additional regulations. Venomous reptiles
4shall not be bred, sold, or offered for sale within this State.
5The Department may approve limited transfers among existing
6permittees at the sole discretion of the Department.
7    As determined by the Department, non-residents may apply
8for a permit not to exceed 15 consecutive days to use venomous
9reptiles in bona fide educational programs. The fee for the
10permit shall be set by administrative rule, and all fees shall
11be deposited into the Illinois Wildlife Preservation and Fish
12Fund.
13(Source: P.A. 98-752, eff. 1-1-15.)
 
14    (510 ILCS 68/20-30)
15    Sec. 20-30. Additional regulations. Crocodilians shall not
16be bred, sold, or offered for sale within this State. The
17Department may approve limited transfers among existing
18permittees at the sole discretion of the Department.
19    As determined by the Department, non-residents may apply
20for a permit not to exceed 15 consecutive days to use
21crocodilians in bona fide educational programs. The fee for
22this permit shall be set by administrative rule, and all fees
23shall be deposited into the Illinois Wildlife Preservation and
24Fish Fund.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/25-30)
3    Sec. 25-30. Additional regulations. Monitor lizards shall
4not be bred, sold, or offered for sale within this State. The
5Department may approve limited transfers among existing
6permittees at the sole discretion of the Department.
7    As determined by the Department, non-residents may apply
8for a permit not to exceed 15 consecutive days to use monitor
9lizards in bona fide educational programs. The fee for the
10permit shall be set by administrative rule, and all fees shall
11be deposited into the Illinois Wildlife Preservation and Fish
12Fund.
13(Source: P.A. 98-752, eff. 1-1-15.)
 
14    (510 ILCS 68/Art. 37 heading new)
15
ARTICLE 37. HERPTILE DISEASES.

 
16    (510 ILCS 68/37-5 new)
17    Sec. 37-5. Herptile diseases. The Department may
18investigate, in conjunction with a licensed veterinarian, any
19disease transmissions in any amphibian or reptile species that
20could be transmitted or spread, including any natural or
21captive populations. The Department may adopt administrative
22rules to identify specific herptile diseases, pathogens, or
23fungi, as well as treatment and caretaking requirements. Any

 

 

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1herptile harboring a disease, pathogen, or fungus specified in
2administrative rule may be subject to confiscation and
3forfeiture.
 
4    (510 ILCS 68/45-5)
5    Sec. 45-5. Permit application and fees. An applicant for a
6Herptile Scientific Collection permit must file an application
7with the Department on a form provided by the Department. The
8application must include all information and requirements as
9set by administrative rule. The application for these permits
10shall be reviewed by the Department to determine if a permit
11should be issued.
12    Unless addressed or exempted by administrative rule,
13annual permit renewal must be accompanied by non-refundable fee
14as set by the Department. The annual fee for a Herptile
15Scientific Collection permit shall be set by administrative
16rule. The Department shall adopt, by administrative rule, any
17additional procedures for the renewal of a Herptile Scientific
18Collection permit. All fees shall be deposited into the
19Illinois Fish and Wildlife Preservation Fund.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/55-5)
22    Sec. 55-5. Permit application and fees. An applicant for a
23Herpetoculture permit must file an application with the
24Department on a form provided by the Department. The

 

 

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1application must include all information and requirements as
2set forth by administrative rule. The application for these
3permits shall be reviewed by the Department to determine if a
4permit should be issued.
5    Unless addressed or exempted by administrative rule,
6annual permit renewal must be accompanied by a non-refundable
7fee as set by the Department. The annual fee for a residential
8Herpetoculture permit shall be set by administrative rule. The
9Department shall adopt, by administrative rule, any additional
10procedures for the renewal of a Herpetoculture permit. All fees
11shall be deposited into the Illinois Wildlife Preservation and
12Fish Fund.
13    As determined by the Department, non-residents may apply
14for a permit not to exceed 15 consecutive days to commercialize
15herptiles indigenous to this State as outlined in this Article.
16The fee for the permit shall be set by administrative rule, and
17all fees shall be deposited into the Illinois Wildlife
18Preservation and Fish Fund.
19    The Department shall adopt, by administrative rule,
20additional procedures for the renewal of annual Herpetoculture
21permits.
22(Source: P.A. 98-752, eff. 1-1-15.)
 
23    (510 ILCS 68/65-5)
24    Sec. 65-5. Permit application and fees. An applicant for a
25Herptile Special Use permit must file an application with the

 

 

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1Department on a form provided by the Department. The
2application must include all information and requirements as
3set forth by administrative rule.
4    The annual fee for a residential Herptile Special Use
5permit shall be set by administrative rule on a per person
6basis. The Herptile Special Use permit shall not be based on
7the number of special use herptile kept by an owner or
8possessor. All fees shall be deposited into the Illinois
9Wildlife Preservation and Fish Fund.
10    The Department shall adopt, by administrative rule,
11procedures for the renewal of annual Herptile Special Use
12permits.
13    Any person possessing and in legal possession of a special
14use herptile as stipulated in this Article that no longer
15wishes to keep the herptile may be assisted by the Department,
16at no charge to them and without prosecution, to place the
17special use herptile in a new home, within 30 days after the
18effective date of this Act.
19    The Department may issue a Limited Entry permit to an
20applicant who: (i) is not a resident of this State; (ii)
21complies with the requirements of this Act and all rules
22adopted by the Department under the authority of this Act;
23(iii) provides proof to the Department that he or she shall,
24during the permit term, maintain sufficient liability
25insurance coverage; (iv) pays to the Department, along with
26each application for a Limited Entry permit, a non-refundable

 

 

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1fee as set by administrative rule, which the Department shall
2deposit into the Wildlife and Fish Fund; and (v) uses the
3herptile for an activity authorized in the Limited Entry
4permit. A Limited Entry permit shall be valid for not more than
515 30 consecutive days unless extended by the Department,
6however, no extension shall be longer than 15 days.
7(Source: P.A. 98-752, eff. 1-1-15.)
 
8    (510 ILCS 68/90-5)
9    Sec. 90-5. Penalties. A person who violates Article 85 of
10this Act is guilty of a Class A misdemeanor for a first offense
11and a Class 4 felony for a second or subsequent offense
12occurring within one year after a finding of guilt on a first
13offense. A person who violates Article 75 of this Act is guilty
14of a Class B misdemeanor. Each day of a violation constitutes a
15separate offense. Any other violation of this Act is a Class A
16misdemeanor unless otherwise stated.
17    In addition to any fines imposed under this Section or as
18otherwise provided in this Act, any person found guilty of
19unlawfully taking or possessing any species protected by this
20Act, shall be assessed a civil penalty for such species in
21accordance with the values prescribed in Section 105-95.
22    All fines and penalties collected under the authority of
23this Act or its administrative rules shall be deposited into
24the Illinois Wildlife Preservation and Fish Fund.
25(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/95-10)
2    Sec. 95-10. Civil liability and immunity. If any herptile
3escapes or is released, the owner and possessor of the herptile
4shall be strictly liable for all costs incurred in apprehending
5and confining the herptile, including any injuries incurred to
6humans or damage to property, both real and personal, including
7pets and livestock, and the owner shall indemnify any animal
8control officer, police officer, or Department employee acting
9in his or her official capacity to capture or control an
10escaped herptile.
11    The owner, keeper, or possessor of an escaped herptile
12shall be solely responsible for any and all liabilities arising
13out of or in connection with the escape or release of any
14herptile including liability for any damage, injury, or death
15caused by or to the herptile during or after the herptile's
16escape or release or as a result of the apprehension or
17confinement of the herptile after its escape or release. In
18addition, the owner, keeper, or possessor of an escaped
19herptile shall be solely responsible for any and all costs
20incurred by an animal control officer, police officer, or
21Department employee acting in his or her official capacity to
22capture or control an escaped herptile.
23    A licensed veterinarian who may have cause to treat a
24special use herptile that is in violation of this Act shall not
25be held liable, except for willful and wanton misconduct, under

 

 

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1this Act provided that the veterinarian (i) promptly reports
2violations of this Act of which he or she has knowledge to a
3law enforcement agency within 24 hours after becoming aware of
4the incident; (ii) provides the name, address, and phone number
5of the person possessing the special use herptile at time of
6incident or treatment; (iii) provides the name and address of
7the owner of the special use herptile if known; (iv) identifies
8the kind and number of special use herptiles being treated; and
9(v) describes the reason for the treatment of the special use
10herptile.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (510 ILCS 68/100-5)
13    Sec. 100-5. Prima facie evidence; confiscation. The
14possession of any reptile or amphibian life or any part of
15reptile or amphibian life protected under this Act is prima
16facie evidence that the reptile or amphibian life or any part
17of reptile or amphibian life is subject to the provisions of
18this Act, including administrative rules.
19    Whenever the contents of any box, barrel, package, or
20receptacle consists partly of contraband and partly of legal
21reptile or amphibian life or any part of reptile or amphibian
22life, the entire contents of the box, barrel, or package, or
23other receptacle are subject to seizure and forfeiture
24confiscation.
25    Whenever a person has in his or her possession in excess of

 

 

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1the number of reptile or amphibian life or any parts of reptile
2or amphibian life permitted under this Act, including
3administrative rules, the entire number of reptile or amphibian
4life or any parts of reptile or amphibian life in his or her
5possession is subject to seizure and forfeiture confiscation.
6(Source: P.A. 98-752, eff. 1-1-15.)
 
7    (510 ILCS 68/105-10)
8    Sec. 105-10. Conservation of reptiles and amphibians. The
9Department shall take all measures necessary for the
10conservation, distribution, introduction, and restoration of
11reptiles and amphibians. After any investigation when it is
12found by the Department that there is imminent danger of loss
13of native reptiles and amphibians, the Director may authorize
14the taking of native reptiles and amphibians from any area and
15specify other reasonable limits, methods, and devices as the
16Director may deem advisable to salvage imperiled species. The
17Department shall also bring or cause to be brought actions and
18proceedings, in the name and by the authority of the People of
19the State of Illinois, to enforce this Act, including
20administrative rules, and to recover any and all fines and
21penalties provided for in this Act. Nothing in this Act shall
22be construed to authorize the Department to change any penalty
23prescribed by law or to change the amount of license fees or
24the authority conferred by licenses prescribed by law. The
25Department is authorized to cooperate with the appropriate

 

 

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1Departments of the federal government and other Departments or
2agencies of State government and educational institutions in
3conducting surveys, experiments, or work of joint interest or
4benefit.
5(Source: P.A. 98-752, eff. 1-1-15.)
 
6    (510 ILCS 68/105-35)
7    Sec. 105-35. Collection of fines. All fines provided for by
8this Act shall be collected and remitted to the Illinois
9Department's Wildlife Preservation and Fish Fund, within 30
10days after the collection of the fine, by the clerk of the
11circuit court collecting the fines who shall submit at the same
12time to the Department a statement of the names of the persons
13so fined and the name of the arresting officer, the offense
14committed, the amount of the fine, and the date of the
15conviction.
16(Source: P.A. 98-752, eff. 1-1-15.)
 
17    (510 ILCS 68/105-55)
18    Sec. 105-55. Illegal collecting devices; public nuisance.
19Every collecting device, including seines, nets, traps,
20pillowcases, bags, snake hooks or tongs, or any electrical
21device or any other devices including vehicles or conveyance,
22watercraft, or aircraft used or operated illegally or attempted
23to be used or operated illegally by any person in taking,
24transporting, holding, or conveying any reptile or amphibian

 

 

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1life or any part of reptile or amphibian life, contrary to this
2Act, including administrative rules, shall be deemed a public
3nuisance and therefore illegal and subject to seizure and
4confiscation by any authorized employee of the Department. Upon
5the seizure of this item, the Department shall take and hold
6the item until disposed of as provided in this Act.
7    Upon the seizure of any device because of its illegal use,
8the officer or authorized employee of the Department making the
9seizure shall, as soon as reasonably possible, cause a
10complaint to be filed before the circuit court and a summons to
11be issued requiring the owner or person in possession of the
12property to appear in court and show cause why the device
13seized should not be forfeited to the State. Upon the return of
14the summons duly served or upon posting or publication of
15notice as provided in this Act, the court shall proceed to
16determine the question of the illegality of the use of the
17seized property. Upon judgment being entered that the property
18was illegally used, an order shall be entered providing for the
19forfeiture of the seized property to the State. The owner of
20the property may have a jury determine the illegality of its
21use and shall have the right of an appeal as in other civil
22cases. Confiscation or forfeiture shall not preclude or
23mitigate against prosecution and assessment of penalties
24provided in Article 90 of this Act.
25    Upon seizure of any property under circumstances
26supporting a reasonable belief that the property was abandoned,

 

 

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1lost, stolen, or otherwise illegally possessed or used contrary
2to this Act, except property seized during a search or arrest,
3and ultimately returned, destroyed, or otherwise disposed of
4under order of a court in accordance with this Act, the
5authorized employee of the Department shall make reasonable
6inquiry and efforts to identify and notify the owner or other
7person entitled to possession of the property and shall return
8the property after the person provides reasonable and
9satisfactory proof of his or her ownership or right to
10possession and reimburses the Department for all reasonable
11expenses of custody. If the identity or location of the owner
12or other person entitled to possession of the property has not
13been ascertained within 6 months after the Department obtains
14possession, the Department shall effectuate the sale of the
15property for cash to the highest bidder at a public auction.
16The owner or other person entitled to possession of the
17property may claim and recover possession of the property at
18any time before its sale at public auction upon providing
19reasonable and satisfactory proof of ownership or right of
20possession and reimbursing the Department for all reasonable
21expenses of custody.
22    Any property forfeited to the State by court order under
23this Section may be disposed of by public auction, except that
24any property that is the subject of a court order shall not be
25disposed of pending appeal of the order. The proceeds of the
26sales at auction shall be deposited in the Illinois Wildlife

 

 

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1Preservation and Fish Fund.
2    The Department shall pay all costs of posting or
3publication of notices required by this Section.
4    Property seized or forfeited under this Section is subject
5to reporting under the Seizure and Forfeiture Reporting Act.
6(Source: P.A. 100-512, eff. 7-1-18.)
 
7    (510 ILCS 68/105-75)
8    Sec. 105-75. Illinois Wildlife Preservation and Fish Fund;
9disposition of money received. All fees, fines, income of
10whatever kind or nature derived from reptile and amphibian
11activities regulated by this Act on lands, waters, or both
12under the jurisdiction or control of the Department and all
13penalties collected under this Act shall be deposited into the
14State treasury and shall be set apart in a special fund known
15as the Illinois Wildlife Preservation and Fish Fund.
16(Source: P.A. 98-752, eff. 1-1-15.)
 
17    (510 ILCS 68/105-100)
18    Sec. 105-100. Home rule. A municipality or county may adopt
19an ordinance governing amphibian and reptile species captive
20ownership that is more restrictive than this Act.
21(Source: P.A. 98-752, eff. 1-1-15.)
 
22    (510 ILCS 68/110-5)
23    Sec. 110-5. Exemptions. When acting in their official

 

 

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1capacity, the following entities and their agents are exempt
2from Articles 75 and 85 of this Act:
3        (1) public zoos or aquaria accredited by the
4    Association of Zoos and Aquariums or the Zoological
5    Association of America;
6        (2) licensed veterinarians or anyone operating under
7    the authority of a licensed veterinarian that is actively
8    treating a Special Use Herptile in his or her care and is
9    being maintained in the veterinarian facility under
10    Section 10-25, 20-15, or 25-15 in order to prevent escape
11    and protect public health and safety;
12        (3) (blank) wildlife sanctuaries;
13        (4) accredited research or medical institutions;
14        (5) licensed or accredited educational institutions;
15        (6) circuses licensed and in compliance with the Animal
16    Welfare Act and all rules adopted by the Department of
17    Agriculture;
18        (7) federal, State, and local law enforcement
19    officers, including animal control officers acting under
20    the authority of this Act;
21        (8) members of federal, State, or local agencies or as
22    otherwise authorized approved by the Department;
23        (9) (blank) any bona fide wildlife rehabilitation
24    facility licensed or otherwise authorized by the
25    Department; and
26        (10) any non-resident motion picture or television

 

 

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1    production company that uses licensed dealers, exhibitors,
2    and transporters under the federal Animal Welfare Act, 7
3    U.S.C. 2132.
4(Source: P.A. 98-752, eff. 1-1-15.)
 
5    Section 10. The Fish and Aquatic Life Code is amended by
6changing Section 1-20 as follows:
 
7    (515 ILCS 5/1-20)  (from Ch. 56, par. 1-20)
8    Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
9reptiles, amphibians, aquatic mollusks, crustaceans, algae,
10aquatic plants, and aquatic invertebrates and any other aquatic
11animal or plant that the Department identifies in
12administrative rules. Reptiles and amphibians are defined as
13"aquatic life" only for regulating fishing and consumptive take
14of herptile species in administrative rules. mollusks,
15crustaceans, algae, aquatic plants, aquatic invertebrates, and
16any other aquatic animals or plants that the Department
17identifies in rules adopted after consultation with
18biologists, zoologists, or other wildlife experts. "Aquatic
19life" does not mean any herptiles that are found in the
20Herptiles-Herps Act.
21(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; 99-78,
22eff. 7-20-15.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.