Rep. Charles Meier

Filed: 4/4/2019

 

 


 

 


 
10100HB3265ham001LRB101 08826 SLF 59126 a

1
AMENDMENT TO HOUSE BILL 3265

2    AMENDMENT NO. ______. Amend House Bill 3265 by replacing
3everything after the enacting clause with the following:
 
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 35-10,
8and by adding 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

 

 

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1and amphibians shall be covered exclusively by this Act.
2(Source: P.A. 98-752, eff. 1-1-15.)
 
3    (510 ILCS 68/1-15)
4    Sec. 1-15. Definitions. For the purposes of this Act,
5unless the context clearly requires otherwise, the following
6terms are defined as:
7    "Administrative rule" means a regulatory measure issued by
8the Director under this Act.
9    "Authorized law enforcement officer" means all sworn
10members of the Law Enforcement Division of the Department and
11those persons specifically granted law enforcement
12authorization by the Director.
13    "Bona fide scientific or educational institution" means
14confirming educational or scientific tax-exemption, from the
15federal Internal Revenue Service or the applicant's national,
16state, or local tax authority, or a statement of accreditation
17or recognition as an educational institution.
18    "Contraband" means all reptile or amphibian life or any
19part of reptile or amphibian life taken, bought, sold or
20bartered, shipped, or held in possession or any conveyance,
21vehicle, watercraft, or other means of transportation
22whatsoever, except sealed railroad cars or other sealed common
23carriers, used to transport or ship any reptile or amphibian
24life or any part of reptile or amphibian life taken, contrary
25to this Act, including administrative rules, or used to

 

 

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1transport, contrary to this Act, including administrative
2rules, any of the specified species when taken illegally.
3    "Culling" means picking out from others and removing
4rejected members because of inferior quality.
5    "Department" means the Illinois Department of Natural
6Resources.
7    "Director" means the Director of the Illinois Department of
8Natural Resources.
9    "Educational program" means a program of organized
10instruction or study for providing education intended to meet a
11public need.
12    "Endangered or threatened species" means any species
13listed as endangered or threatened to the species level on
14either the Illinois List of Endangered and Threatened Fauna or
15the federal U.S. Fish and Wildlife Service List of Threatened
16and Endangered Species.
17    "Herptile" means collectively any amphibian or reptile
18taxon, whether indigenous to this State or not.
19    "Indigenous or native taxa" means those amphibians and
20reptiles to the subspecies level that can be found naturally in
21this State.
22    "Individual" means a natural person.
23    "Medically significant" means a venomous or poisonous
24species whose venom or toxin can cause death or serious illness
25or injury in humans that may require emergency room care or the
26immediate care of a physician. These species are categorized as

 

 

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1being "medically significant" or "medically important".
2    "Owner" means an individual who has a legal right to the
3possession of a herptile.
4    "Person" means any individual, partnership, corporation,
5organization, trade or professional association, firm, limited
6liability company, joint venture, or group.
7    "Possession limit" means the maximum number or amount of
8herptiles that can be lawfully held or possessed by one person
9at any time.
10    "Possessor" means any person who possesses, keeps,
11harbors, brings into the State, cares for, acts as a custodian
12for, has in his or her custody or control, or holds a property
13right to a herptile.
14    "Reptile show" means any event open to the public, for a
15fee or without a fee, that is not a licensed pet store, where
16herptiles or herptiles together with other animals are
17exhibited, displayed, sold, bought, traded, or otherwise made
18available for public display.
19    "Resident" means a person who in good faith makes
20application for any license or permit and verifies by statement
21that he or she has maintained his or her permanent abode in
22this State for a period of at least 30 consecutive days
23immediately preceding the person's application, and who does
24not maintain permanent abode or claim residency in another
25state for the purposes of obtaining any of the same or similar
26licenses or permits under this Act. A person's permanent abode

 

 

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1is his or her fixed and permanent dwelling place, as
2distinguished from a temporary or transient place of residence.
3Domiciliary intent is required to establish that the person is
4maintaining his or her permanent abode in this State. Evidence
5of domiciliary intent includes, but is not limited to, the
6location where the person votes, pays personal income tax, or
7obtains a drivers license. Any person on active duty in the
8Armed Forces shall be considered a resident of Illinois during
9his or her period of military duty.
10    "Special use herptile" means any taxon of amphibian or
11reptile including, but not limited to, crocodilians, Komodo
12dragons, crocodile monitor lizards, or venomous species for
13which a Herptile Special Use permit is required to acquire and
14possess.
15    "Take" means possess, collect, catch, detain, hunt, shoot,
16pursue, lure, kill, destroy, capture, gig or spear, trap or
17ensnare, harass, or an attempt to do so.
18    "Transport" or "ship" means to convey by parcel post,
19express, freight, baggage, or shipment by common carrier or any
20description; by automobile, motorcycle, or other vehicle of any
21kind; by water or aircraft of any kind; or by any other means
22of transportation.
23    "Turtle farming" means the act of breeding, hatching,
24raising, selling turtles, or any combination commercially for
25the purpose of providing turtles, turtle eggs, or turtle parts
26to pet suppliers, exporters, and food industries.

 

 

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1    "Wildlife sanctuary" means any non-profit organization
2that: (1) is exempt from taxation under the federal Internal
3Revenue Code and is currently confirmed as tax exempt by the
4federal Internal Revenue Service; (2) operates a place of
5refuge where wild animals are provided care for their lifetime
6or released back to their natural range; (3) does not conduct
7activities on animals in its possession that are not inherent
8to the animal's nature; (4) does not use animals in its
9possession for entertainment; (5) does not sell, trade, or
10barter animals in its possession or parts of those animals; and
11(6) does not breed animals in its possession.
12(Source: P.A. 98-752, eff. 1-1-15.)
 
13    (510 ILCS 68/5-2 new)
14    Sec. 5-2. Herptiles under this Act. It shall be unlawful
15for any person at any time to take, harass, disturb, possess,
16transport, cause to be shipped, commercialize, propagate,
17move, relocate, or release into the wild, any herptile whether
18dead or alive or the parts of herptiles, including, but not
19limited to, their nests and eggs, contrary to provisions of
20this Act or administrative rules. Any person who violates this
21Section shall be guilty of a Class B misdemeanor.
 
22    (510 ILCS 68/5-5)
23    Sec. 5-5. Possession limits.
24    (a) The possession limit for indigenous amphibian and

 

 

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

 

 

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1collected from the wild outside of this State.
2    (e) Residents may possess a total of 8 native herp
3specimens collectively, with no more than 4 per species,
4without obtaining and possessing either a Herptile Scientific
5Collection permit or Herpetoculture permit from the
6Department, regardless of the origin of the species. A sport
7fishing license is required for residents, unless exempt from a
8sport fishing license under Section 20-5 of the Fish and
9Aquatic Life Code, to legally collect any native herp taxon on
10private land, with the landowner's permission. Collecting
11herptiles on public lands shall require additional permits.
12    (f) Any resident wishing to possess more than his or her
13allowed possession limit shall first apply to the Department
14for a Herptile Scientific Collection permit or Herpetoculture
15permit to do so. Issuance, modification, or denial of any and
16all of these permits shall be at the sole discretion of the
17Department.
18    (g) Due to the similarity of appearance (S/A) of certain
19intergrade or hybrid specimens, the Department retains the
20authority to enforce any and all provisions under this Act.
21Specimens determined by the Department, or its agents, to fit
22into this S/A category shall receive all benefits of this Act,
23as well as the Illinois Endangered Species Protection Act if
24applicable, and shall be included in an individual's overall
25possession limit.
26(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/5-20)
2    Sec. 5-20. Taking of endangered or threatened species.
3    (a) No person shall take or possess any of the herptiles
4listed in the Illinois Endangered Species Protection Act or
5subsequent administrative rules, except as provided by this
6that Act and the Illinois Endangered Species Protection Act.
7    (b) Any Department-permitted threatened or endangered
8(T/E) herptile species shall be exempt from an individual's
9overall possession limit under the permitting system set forth
10in this Act. However, any and all T/E specimens shall be
11officially recorded with the Department's Endangered Species
12Conservation Program. Any species occurring on the federal T/E
13list also requires a Department permit for possession,
14propagation, sale, or offer for sale unless otherwise permitted
15through the Department.
16    (c) Due to the similarity of appearance (S/A) of certain
17intergrade or hybrid specimens, the Department retains the
18authority to enforce any and all provisions under this Act.
19Specimens determined by the Department, or agents, to fit into
20this S/A category shall receive all benefits of this Act, as
21well as the Illinois Endangered Species Protection Act if
22applicable, and shall be included in an individual's overall
23possession limit.
24    (d) Federally licensed exhibits shall not be exempt from
25the Illinois Endangered Species Protection Act or this Act.

 

 

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1    (e) Any changes in T/E permit numbers for herptiles by
2current, existing permit holders shall be reported to the
3Department in writing no later than the first business day
4after that change occurred. Requests for permits by any
5resident acquiring a T/E species who is not permitted shall not
6be issued after-the-fact.
7    (f) Annual reports are due by January 31 of each year for
8the preceding year's activities. Failure to submit the annual
9report by the due date shall result in a permit violation.
10    (g) An annual fee for herptile T/E species permits, per
11permittee, shall be set by administrative rule. All fees for
12herptile T/E species permits shall be deposited into the
13Wildlife Preservation Fund.
14    (h) Procedures for acquisition, breeding, and sales of T/E
15herptile species shall be set forth in administrative rule.
16    (i) Record keeping requirements for T/E herptile species
17shall be set forth in administrative rule.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/5-30)
20    Sec. 5-30. Taking of turtles or bullfrogs; illegal devices.
21    (a) No person shall take turtles or bullfrogs by commercial
22fishing devices, including dip nets, hoop nets, traps, or
23seines, or by the use of firearms, airguns, or gas guns.
24Turtles may be taken only by methods as provided in
25administrative rule hand or means of hook and line.

 

 

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1    (b) Bullfrog; common snapping turtle; open season.
2        (1) All individuals taking bullfrogs shall possess a
3    valid sport fishing license, unless exempt from a sport
4    fishing license under Section 20-5 of the Fish and Aquatic
5    Life Code, and may take bullfrogs only during the open
6    season to be specified by administrative rule. Bullfrogs
7    may only be taken by hook and line, gig, pitchfork, spear,
8    bow and arrow, hand, or landing net.
9        (2) The daily catch limit and total possession limit
10    for all properly licensed persons shall be specified by
11    administrative rule.
12        (3) All persons taking common snapping turtles shall
13    possess a valid sport fishing license, unless exempt from a
14    sport fishing license under Section 20-5 of the Fish and
15    Aquatic Life Code, and may take common snapping turtles
16    only during the open season to be specified by
17    administrative rule. Common snapping turtles (Chelydra
18    serpentina) may be taken only by methods as provided in
19    administrative rule hand, hook and line, or bow and arrow,
20    except in the counties listed in administrative rule
21    Section 5-35 where bowfishing for common snapping turtles
22    is not allowed.
23        (4) The daily catch limit and total possession limit
24    for all properly licensed persons shall be specified by
25    administrative rule.
26    (c) (Blank). The alligator snapping turtle (Macrochelys

 

 

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1temminckii) is protected and may not be taken by any method
2including, but not limited to, any sport fishing method.
3(Source: P.A. 98-752, eff. 1-1-15.)
 
4    (510 ILCS 68/5-35)
5    Sec. 5-35. Areas closed to the taking of reptiles and
6amphibians.
7    (a) Unless otherwise provided allowed by law or
8administrative rule, the taking of reptiles and amphibians at
9any time and by any method is prohibited in the following
10areas:
11    The LaRue-Pine Hills or Otter Pond Research Natural Area in
12    Union County. The closed area shall include the Research
13    Natural Area as designated by the U.S. Forest Service and
14    the right-of-way of Forest Road 345 with Forest Road 236 to
15    the intersection of Forest Road 345 with the Missouri
16    Pacific railroad tracks. Unless otherwise authorized,
17    possession of any collecting equipment is prohibited
18    within the closed area.
19        Any area the Department may close for any reason
20    including biological significance or disease through
21    administrative rules.
22    (b) (Blank). In the following counties bowfishing for
23common snapping turtles is not permitted: Randolph, Perry,
24Franklin, Hamilton, White, Gallatin, Saline, Williamson,
25Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski, and

 

 

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1Alexander, or in any additional counties added through
2administrative rule.
3    (c) (Blank). Collection of wild turtles for races or other
4types of events involving congregating and gathering numbers of
5wild turtles is prohibited in counties where ranavirus has been
6documented. Inclusion on the county list shall be determined by
7rule.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/10-40)
10    Sec. 10-40. Additional regulations. Venomous reptiles
11shall not be bred, sold, or offered for sale within this State.
12The Department may approve limited transfers among existing
13permittees at the sole discretion of the Department.
14    As determined by the Department, non-residents may apply
15for a permit not to exceed 15 consecutive days to use venomous
16reptiles in bona fide educational programs. The fee for the
17permit shall be set by administrative rule, and all fees shall
18be deposited into the Illinois Wildlife Preservation and Fish
19Fund.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/20-30)
22    Sec. 20-30. Additional regulations. Crocodilians shall not
23be bred, sold, or offered for sale within this State. The
24Department may approve limited transfers among existing

 

 

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1permittees at the sole discretion of the Department.
2    As determined by the Department, non-residents may apply
3for a permit not to exceed 15 consecutive days to use
4crocodilians in bona fide educational programs. The fee for
5this permit shall be set by administrative rule, and all fees
6shall be deposited into the Illinois Wildlife Preservation and
7Fish Fund.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/25-30)
10    Sec. 25-30. Additional regulations. Monitor lizards shall
11not be bred, sold, or offered for sale within this State. The
12Department may approve limited transfers among existing
13permittees at the sole discretion of the Department.
14    As determined by the Department, non-residents may apply
15for a permit not to exceed 15 consecutive days to use monitor
16lizards in bona fide educational programs. The fee for the
17permit shall be set by administrative rule, and all fees shall
18be deposited into the Illinois Wildlife Preservation and Fish
19Fund.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/Art. 37 heading new)
22
ARTICLE 37. HERPTILE DISEASES.

 
23    (510 ILCS 68/37-5 new)

 

 

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1    Sec. 37-5. Herptile diseases. The Department may
2investigate, in conjunction with a licensed veterinarian, any
3disease transmissions in any amphibian or reptile species that
4could be transmitted or spread, including any natural or
5captive populations. The Department may adopt administrative
6rules to identify specific herptile diseases, pathogens, or
7fungi, as well as treatment and caretaking requirements. Any
8herptile harboring a disease, pathogen, or fungus specified in
9administrative rule may be subject to confiscation and
10forfeiture.
 
11    (510 ILCS 68/45-5)
12    Sec. 45-5. Permit application and fees. An applicant for a
13Herptile Scientific Collection permit must file an application
14with the Department on a form provided by the Department. The
15application must include all information and requirements as
16set by administrative rule. The application for these permits
17shall be reviewed by the Department to determine if a permit
18should be issued.
19    Unless addressed or exempted by administrative rule,
20annual permit renewal must be accompanied by non-refundable fee
21as set by the Department. The annual fee for a Herptile
22Scientific Collection permit shall be set by administrative
23rule. The Department shall adopt, by administrative rule, any
24additional procedures for the renewal of a Herptile Scientific
25Collection permit. All fees shall be deposited into the

 

 

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1Illinois Fish and Wildlife Preservation Fund.
2(Source: P.A. 98-752, eff. 1-1-15.)
 
3    (510 ILCS 68/55-5)
4    Sec. 55-5. Permit application and fees. An applicant for a
5Herpetoculture permit must file an application with the
6Department on a form provided by the Department. The
7application must include all information and requirements as
8set forth by administrative rule. The application for these
9permits shall be reviewed by the Department to determine if a
10permit should be issued.
11    Unless addressed or exempted by administrative rule,
12annual permit renewal must be accompanied by a non-refundable
13fee as set by the Department. The annual fee for a residential
14Herpetoculture permit shall be set by administrative rule. The
15Department shall adopt, by administrative rule, any additional
16procedures for the renewal of a Herpetoculture permit. All fees
17shall be deposited into the Illinois Wildlife Preservation and
18Fish Fund.
19    As determined by the Department, non-residents may apply
20for a permit not to exceed 15 consecutive days to commercialize
21herptiles indigenous to this State as outlined in this Article.
22The fee for the permit shall be set by administrative rule, and
23all fees shall be deposited into the Illinois Wildlife
24Preservation and Fish Fund.
25    The Department shall adopt, by administrative rule,

 

 

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1additional procedures for the renewal of annual Herpetoculture
2permits.
3(Source: P.A. 98-752, eff. 1-1-15.)
 
4    (510 ILCS 68/65-5)
5    Sec. 65-5. Permit application and fees. An applicant for a
6Herptile Special Use permit must file an application with the
7Department on a form provided by the Department. The
8application must include all information and requirements as
9set forth by administrative rule.
10    The annual fee for a residential Herptile Special Use
11permit shall be set by administrative rule on a per person
12basis. The Herptile Special Use permit shall not be based on
13the number of special use herptile kept by an owner or
14possessor. All fees shall be deposited into the Illinois
15Wildlife Preservation and Fish Fund.
16    The Department shall adopt, by administrative rule,
17procedures for the renewal of annual Herptile Special Use
18permits.
19    Any person possessing and in legal possession of a special
20use herptile as stipulated in this Article that no longer
21wishes to keep the herptile may be assisted by the Department,
22at no charge to them and without prosecution, to place the
23special use herptile in a new home, within 30 days after the
24effective date of this Act.
25    The Department may issue a Limited Entry permit to an

 

 

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1applicant who: (i) is not a resident of this State; (ii)
2complies with the requirements of this Act and all rules
3adopted by the Department under the authority of this Act;
4(iii) provides proof to the Department that he or she shall,
5during the permit term, maintain sufficient liability
6insurance coverage; (iv) pays to the Department, along with
7each application for a Limited Entry permit, a non-refundable
8fee as set by administrative rule, which the Department shall
9deposit into the Wildlife and Fish Fund; and (v) uses the
10herptile for an activity authorized in the Limited Entry
11permit. A Limited Entry permit shall be valid for not more than
1215 30 consecutive days unless extended by the Department,
13however, no extension shall be longer than 15 days.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/90-5)
16    Sec. 90-5. Penalties. A person who violates Article 85 of
17this Act is guilty of a Class A misdemeanor for a first offense
18and a Class 4 felony for a second or subsequent offense
19occurring within one year after a finding of guilt on a first
20offense. A person who violates Article 75 of this Act is guilty
21of a Class B misdemeanor. Each day of a violation constitutes a
22separate offense. Any other violation of this Act is a Class A
23misdemeanor unless otherwise stated.
24    In addition to any fines imposed under this Section or as
25otherwise provided in this Act, any person found guilty of

 

 

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1unlawfully taking or possessing any species protected by this
2Act, shall be assessed a civil penalty for such species in
3accordance with the values prescribed in Section 105-95.
4    All fines and penalties collected under the authority of
5this Act or its administrative rules shall be deposited into
6the Illinois Wildlife Preservation and Fish Fund.
7(Source: P.A. 98-752, eff. 1-1-15.)
 
8    (510 ILCS 68/95-10)
9    Sec. 95-10. Civil liability and immunity. If any herptile
10escapes or is released, the owner and possessor of the herptile
11shall be strictly liable for all costs incurred in apprehending
12and confining the herptile, including any injuries incurred to
13humans or damage to property, both real and personal, including
14pets and livestock, and the owner shall indemnify any animal
15control officer, police officer, or Department employee acting
16in his or her official capacity to capture or control an
17escaped herptile.
18    The owner, keeper, or possessor of an escaped herptile
19shall be solely responsible for any and all liabilities arising
20out of or in connection with the escape or release of any
21herptile including liability for any damage, injury, or death
22caused by or to the herptile during or after the herptile's
23escape or release or as a result of the apprehension or
24confinement of the herptile after its escape or release. In
25addition, the owner, keeper, or possessor of an escaped

 

 

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1herptile shall be solely responsible for any and all costs
2incurred by an animal control officer, police officer, or
3Department employee acting in his or her official capacity to
4capture or control an escaped herptile.
5    A licensed veterinarian who may have cause to treat a
6special use herptile that is in violation of this Act shall not
7be held liable, except for willful and wanton misconduct, under
8this Act provided that the veterinarian (i) promptly reports
9violations of this Act of which he or she has knowledge to a
10law enforcement agency within 24 hours after becoming aware of
11the incident; (ii) provides the name, address, and phone number
12of the person possessing the special use herptile at time of
13incident or treatment; (iii) provides the name and address of
14the owner of the special use herptile if known; (iv) identifies
15the kind and number of special use herptiles being treated; and
16(v) describes the reason for the treatment of the special use
17herptile.
18(Source: P.A. 98-752, eff. 1-1-15.)
 
19    (510 ILCS 68/100-5)
20    Sec. 100-5. Prima facie evidence; confiscation. The
21possession of any reptile or amphibian life or any part of
22reptile or amphibian life protected under this Act is prima
23facie evidence that the reptile or amphibian life or any part
24of reptile or amphibian life is subject to the provisions of
25this Act, including administrative rules.

 

 

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1    Whenever the contents of any box, barrel, package, or
2receptacle consists partly of contraband and partly of legal
3reptile or amphibian life or any part of reptile or amphibian
4life, the entire contents of the box, barrel, or package, or
5other receptacle are subject to seizure and forfeiture
6confiscation.
7    Whenever a person has in his or her possession in excess of
8the number of reptile or amphibian life or any parts of reptile
9or amphibian life permitted under this Act, including
10administrative rules, the entire number of reptile or amphibian
11life or any parts of reptile or amphibian life in his or her
12possession is subject to seizure and forfeiture confiscation.
13(Source: P.A. 98-752, eff. 1-1-15.)
 
14    (510 ILCS 68/105-10)
15    Sec. 105-10. Conservation of reptiles and amphibians. The
16Department shall take all measures necessary for the
17conservation, distribution, introduction, and restoration of
18reptiles and amphibians. After any investigation when it is
19found by the Department that there is imminent danger of loss
20of native reptiles and amphibians, the Director may authorize
21the taking of native reptiles and amphibians from any area and
22specify other reasonable limits, methods, and devices as the
23Director may deem advisable to salvage imperiled species. The
24Department shall also bring or cause to be brought actions and
25proceedings, in the name and by the authority of the People of

 

 

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1the State of Illinois, to enforce this Act, including
2administrative rules, and to recover any and all fines and
3penalties provided for in this Act. Nothing in this Act shall
4be construed to authorize the Department to change any penalty
5prescribed by law or to change the amount of license fees or
6the authority conferred by licenses prescribed by law. The
7Department is authorized to cooperate with the appropriate
8Departments of the federal government and other Departments or
9agencies of State government and educational institutions in
10conducting surveys, experiments, or work of joint interest or
11benefit.
12(Source: P.A. 98-752, eff. 1-1-15.)
 
13    (510 ILCS 68/105-35)
14    Sec. 105-35. Collection of fines. All fines provided for by
15this Act shall be collected and remitted to the Illinois
16Department's Wildlife Preservation and Fish Fund, within 30
17days after the collection of the fine, by the clerk of the
18circuit court collecting the fines who shall submit at the same
19time to the Department a statement of the names of the persons
20so fined and the name of the arresting officer, the offense
21committed, the amount of the fine, and the date of the
22conviction.
23(Source: P.A. 98-752, eff. 1-1-15.)
 
24    (510 ILCS 68/105-55)

 

 

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1    Sec. 105-55. Illegal collecting devices; public nuisance.
2Every collecting device, including seines, nets, traps,
3pillowcases, bags, snake hooks or tongs, or any electrical
4device or any other devices including vehicles or conveyance,
5watercraft, or aircraft used or operated illegally or attempted
6to be used or operated illegally by any person in taking,
7transporting, holding, or conveying any reptile or amphibian
8life or any part of reptile or amphibian life, contrary to this
9Act, including administrative rules, shall be deemed a public
10nuisance and therefore illegal and subject to seizure and
11confiscation by any authorized employee of the Department. Upon
12the seizure of this item, the Department shall take and hold
13the item until disposed of as provided in this Act.
14    Upon the seizure of any device because of its illegal use,
15the officer or authorized employee of the Department making the
16seizure shall, as soon as reasonably possible, cause a
17complaint to be filed before the circuit court and a summons to
18be issued requiring the owner or person in possession of the
19property to appear in court and show cause why the device
20seized should not be forfeited to the State. Upon the return of
21the summons duly served or upon posting or publication of
22notice as provided in this Act, the court shall proceed to
23determine the question of the illegality of the use of the
24seized property. Upon judgment being entered that the property
25was illegally used, an order shall be entered providing for the
26forfeiture of the seized property to the State. The owner of

 

 

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1the property may have a jury determine the illegality of its
2use and shall have the right of an appeal as in other civil
3cases. Confiscation or forfeiture shall not preclude or
4mitigate against prosecution and assessment of penalties
5provided in Article 90 of this Act.
6    Upon seizure of any property under circumstances
7supporting a reasonable belief that the property was abandoned,
8lost, stolen, or otherwise illegally possessed or used contrary
9to this Act, except property seized during a search or arrest,
10and ultimately returned, destroyed, or otherwise disposed of
11under order of a court in accordance with this Act, the
12authorized employee of the Department shall make reasonable
13inquiry and efforts to identify and notify the owner or other
14person entitled to possession of the property and shall return
15the property after the person provides reasonable and
16satisfactory proof of his or her ownership or right to
17possession and reimburses the Department for all reasonable
18expenses of custody. If the identity or location of the owner
19or other person entitled to possession of the property has not
20been ascertained within 6 months after the Department obtains
21possession, the Department shall effectuate the sale of the
22property for cash to the highest bidder at a public auction.
23The owner or other person entitled to possession of the
24property may claim and recover possession of the property at
25any time before its sale at public auction upon providing
26reasonable and satisfactory proof of ownership or right of

 

 

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1possession and reimbursing the Department for all reasonable
2expenses of custody.
3    Any property forfeited to the State by court order under
4this Section may be disposed of by public auction, except that
5any property that is the subject of a court order shall not be
6disposed of pending appeal of the order. The proceeds of the
7sales at auction shall be deposited in the Illinois Wildlife
8Preservation and Fish Fund.
9    The Department shall pay all costs of posting or
10publication of notices required by this Section.
11    Property seized or forfeited under this Section is subject
12to reporting under the Seizure and Forfeiture Reporting Act.
13(Source: P.A. 100-512, eff. 7-1-18.)
 
14    (510 ILCS 68/105-75)
15    Sec. 105-75. Illinois Wildlife Preservation and Fish Fund;
16disposition of money received. All fees, fines, income of
17whatever kind or nature derived from reptile and amphibian
18activities regulated by this Act on lands, waters, or both
19under the jurisdiction or control of the Department and all
20penalties collected under this Act shall be deposited into the
21State treasury and shall be set apart in a special fund known
22as the Illinois Wildlife Preservation and Fish Fund.
23(Source: P.A. 98-752, eff. 1-1-15.)
 
24    (510 ILCS 68/105-100)

 

 

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1    Sec. 105-100. Home rule. A municipality or county may adopt
2an ordinance governing amphibian and reptile species captive
3ownership that is more restrictive than this Act.
4(Source: P.A. 98-752, eff. 1-1-15.)
 
5    (510 ILCS 68/110-5)
6    Sec. 110-5. Exemptions. When acting in their official
7capacity, the following entities and their agents are exempt
8from Articles 75 and 85 of this Act:
9        (1) public zoos or aquaria accredited by the
10    Association of Zoos and Aquariums or the Zoological
11    Association of America;
12        (2) licensed veterinarians or anyone operating under
13    the authority of a licensed veterinarian that is actively
14    treating a Special Use Herptile in his or her care and is
15    being maintained in the veterinarian facility under
16    Section 10-25, 20-15, or 25-15 in order to prevent escape
17    and protect public health and safety;
18        (3) (blank) wildlife sanctuaries;
19        (4) accredited research or medical institutions;
20        (5) licensed or accredited educational institutions;
21        (6) circuses licensed and in compliance with the Animal
22    Welfare Act and all rules adopted by the Department of
23    Agriculture;
24        (7) federal, State, and local law enforcement
25    officers, including animal control officers acting under

 

 

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1    the authority of this Act;
2        (8) members of federal, State, or local agencies or as
3    otherwise authorized approved by the Department;
4        (9) (blank) any bona fide wildlife rehabilitation
5    facility licensed or otherwise authorized by the
6    Department; and
7        (10) any non-resident motion picture or television
8    production company that uses licensed dealers, exhibitors,
9    and transporters under the federal Animal Welfare Act, 7
10    U.S.C. 2132.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    Section 10. The Fish and Aquatic Life Code is amended by
13changing Section 1-20 as follows:
 
14    (515 ILCS 5/1-20)  (from Ch. 56, par. 1-20)
15    Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
16reptiles, amphibians, aquatic mollusks, crustaceans, algae,
17aquatic plants, and aquatic invertebrates and any other aquatic
18animal or plant that the Department identifies in
19administrative rules. Reptiles and amphibians are defined as
20"aquatic life" only for regulating fishing and consumptive take
21of herptile species in administrative rules. mollusks,
22crustaceans, algae, aquatic plants, aquatic invertebrates, and
23any other aquatic animals or plants that the Department
24identifies in rules adopted after consultation with

 

 

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1biologists, zoologists, or other wildlife experts. "Aquatic
2life" does not mean any herptiles that are found in the
3Herptiles-Herps Act.
4(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; 99-78,
5eff. 7-20-15.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.".