SB1247 EnrolledLRB102 05056 CMG 15075 b

1    AN ACT concerning wildlife.
 
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, 5-10, 5-15, 5-20, 5-30, 5-35, 10-40,
615-5, 20-30, 25-5, 25-30, 30-10, 35-5, 40-5, 40-10, 45-5,
750-5, 50-10, 55-5, 55-10, 60-5, 65-5, 70-5, 80-5, 90-5, 95-5,
895-10, 100-5, 100-10, 100-15, 105-10, 105-30, 105-35, 105-40,
9105-55, 105-60, 105-65, 105-75, 105-80, 105-90, 105-95, and
10110-5 and by adding Sections 55-15 and 90-10 and Article 87 as
11follows:
 
12    (510 ILCS 68/1-5)
13    Sec. 1-5. Purpose. The purpose of this Act is to regulate
14the protection, control, possession, and propagation of
15herptiles in this State. For purposes of this Act, reptiles
16and amphibians shall be exempt from the definition of "aquatic
17life" under Section 1-20 of the Fish and Aquatic Life Code. All
18rules and enforcement actions under the Illinois Conservation
19Law and the dangerous animals provisions in Section 48-10 of
20the Criminal Code of 2012 related to reptiles and amphibians
21shall be covered exclusively by this Act.
22(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/1-15)
2    Sec. 1-15. Definitions. For the purposes of this Act,
3unless the context clearly requires otherwise, the following
4terms are defined as:
5    "Administrative rule" means a regulatory measure issued by
6the Director under this Act.
7    "Authorized law enforcement officer" means all sworn
8members of the Law Enforcement Division of the Department and
9those persons specifically granted law enforcement
10authorization by the Director.
11    "Bona fide scientific or educational institution" means
12confirming educational or scientific tax-exemption, from the
13federal Internal Revenue Service or the applicant's national,
14state, or local tax authority, or a statement of accreditation
15or recognition as an educational institution.
16    "Contraband" means all herptiles reptile or amphibian life
17or any part of a herptile reptile or amphibian life taken,
18bought, sold or bartered, shipped, or held in possession or
19any conveyance, vehicle, watercraft, or other means of
20transportation whatsoever, except sealed railroad cars or
21other sealed common carriers, used to transport or ship any
22herptile reptile or amphibian life or any part of a herptile
23reptile or amphibian life taken, contrary to this Act,
24including administrative rules, or used to transport, contrary
25to this Act, including administrative rules, any of the
26specified species when taken illegally.

 

 

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1    "Culling" means picking out from others and removing
2rejected members because of inferior quality.
3    "Department" means the Illinois Department of Natural
4Resources.
5    "Director" means the Director of the Illinois Department
6of Natural Resources.
7    "Educational program" means a program of organized
8instruction or study for providing education intended to meet
9a public need.
10    "Endangered or threatened species" means any reptile or
11amphibian species listed as endangered or threatened to the
12species level on either the Illinois List of Endangered and
13Threatened Fauna or the federal U.S. Fish and Wildlife Service
14List of Threatened and Endangered Species.
15    "Herpetoculture" means the breeding, hatching,
16propagation, or raising of indigenous or native herptiles in
17captivity.
18    "Herptile" means collectively any amphibian or reptile
19taxon and includes any species, hybrid, or intergrade thereof
20, whether indigenous to this State or not.
21    "Hybrid" means the offspring of 2 herptiles of different
22breeds, varieties, species, or genera.
23    "Indigenous or native taxa" means those amphibians and
24reptiles to the subspecies level that can be found naturally
25in this State.
26    "Individual" means a natural person.

 

 

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1    "Intergrade" means the offspring of 2 herptiles of
2different subspecies.
3    "Medically significant" means a venomous or poisonous
4species whose venom or toxin can cause death or serious
5illness or injury in humans that may require emergency room
6care or the immediate care of a physician. These species are
7categorized as being "medically significant" or "medically
8important".
9    "Morphological variation" means the form and structure of
10a herptile or any part of a herptile. "Morphological
11variation" includes the outward appearance, structure, shape,
12color, pattern, and size of a herptile.
13    "Owner" means an individual who has a legal right to the
14possession of a herptile.
15    "Person" means any individual, partnership, corporation,
16organization, trade or professional association, firm, limited
17liability company, joint venture, or group.
18    "Possession limit" means the maximum number or amount of
19herptiles that can be lawfully held or possessed by one person
20at any time.
21    "Possessor" means any person who possesses, keeps,
22harbors, brings into the State, cares for, acts as a custodian
23for, has in his or her custody or control, or holds a property
24right to a herptile.
25    "Propagation" means the act or process of maintaining any
26herptile in its natural environment or in a controlled

 

 

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1environment that intentionally or unintentionally results in
2the production of eggs or offspring from the parent stock.
3"Propagation" includes the attempt to produce eggs or
4offspring from the parent stock.
5    "Reptile show" means any event open to the public, for a
6fee or without a fee, that is not a licensed pet store, where
7herptiles or herptiles together with other animals are
8exhibited, displayed, sold, bought, traded, or otherwise made
9available for public display.
10    "Resident" means a person who in good faith makes
11application for any license or permit and verifies by
12statement that he or she has maintained his or her permanent
13abode in this State for a period of at least 30 consecutive
14days immediately preceding the person's application, and who
15does not maintain permanent abode or claim residency in
16another state for the purposes of obtaining any of the same or
17similar licenses or permits under this Act. A person's
18permanent abode is his or her fixed and permanent dwelling
19place, as distinguished from a temporary or transient place of
20residence. Domiciliary intent is required to establish that
21the person is maintaining his or her permanent abode in this
22State. Evidence of domiciliary intent includes, but is not
23limited to, the location where the person votes, pays personal
24income tax, or obtains a drivers license. Any person on active
25duty in the Armed Forces shall be considered a resident of
26Illinois during his or her period of military duty.

 

 

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

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/5-5)
3    Sec. 5-5. Possession limits.
4    (a) The possession limit for herptiles indigenous
5amphibian and reptile taxa (excluding common snapping turtles
6and bullfrogs) is 8 total collectively with no more than 4
7total per species. The possession of one or more parts of the
8body of the same individual herptile shall equal one
9individual herptile of a species. In no case shall a person
10possess more than 8 indigenous amphibian or reptiles in total.
11Young of gravid wild-collected amphibians and reptiles shall
12be returned to the site of adult capture after birth. The
13possession limit for common snapping turtles and bullfrogs
14shall be set by administrative rule.
15    (b) Only residents may possess herptiles collected from
16the wild within this State under a valid sport fishing
17license; non-residents may not possess herptiles collected
18from the wild within this State except for scientific purposes
19after first obtaining, with a Herptile Scientific Collection
20permit.
21    (c) All herptile species (other than bullfrogs and common
22snapping turtles) shall may be captured by hand only, unless
23otherwise authorized by this Act or administrative rule. This
24shall not restrict the use of legally taken herptiles as bait
25by anglers only, unless otherwise authorized by this Act or

 

 

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1administrative rule. Any captured herptiles that are not to be
2retained in the possession of the captor shall be immediately
3released at the site of capture, unless taken with a lethal
4method such as bow and arrow, gig, spear, or pitchfork which
5does not permit release without harm. All common snapping
6turtles and bullfrogs taken from the wild for personal
7consumption must be kept and counted in the daily catch creel
8or bag. No culling of species taken from the wild of these 2
9species for personal consumption is permitted.
10    (d) The trier of fact may infer that a person is collecting
11from the wild within this State if he or she possesses
12indigenous reptiles or amphibians, in whole or in part, if no
13documentation exists stating that the animals were legally
14collected from the wild outside of this State.
15    (e) A resident of this State in possession of more than the
16allowed possession limit set forth in subsection (a) must
17obtain Residents may possess a total of 8 native herp
18specimens collectively, with no more than 4 per species,
19without obtaining and have in his or her possession possessing
20either a Herptile Scientific Collection permit or
21Herpetoculture permit from the Department, regardless of the
22origin of the species. Unless exempt under the provisions of
23Section 20 of the Fish and Aquatic Life Code, a A sport fishing
24license is required for residents to legally collect any
25native herptile herp taxon on private land, with the
26landowner's permission. Collecting herptiles on public lands

 

 

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1shall require the agency that manages the land to authorize
2the collecting of herptiles on the public land under its
3control additional permits.
4    (f) Any resident wishing to possess more than his or her
5allowed possession limit shall first apply to the Department
6for a Herptile Scientific Collection permit or Herpetoculture
7permit to do so. Issuance, modification, or denial of any and
8all of these permits shall be at the sole discretion of the
9Department. Procedures for the issuance, modification, or
10denial of permits shall be set forth by administrative rule.
11    (g) (Blank). Due to the similarity of appearance (S/A) of
12certain intergrade or hybrid specimens, the Department retains
13the authority to enforce any and all provisions under this
14Act. Specimens determined by the Department, or its agents, to
15fit into this S/A category shall receive all benefits of this
16Act, as well as the Illinois Endangered Species Protection Act
17if applicable, and shall be included in an individual's
18overall possession limit.
19(Source: P.A. 98-752, eff. 1-1-15.)
 
20    (510 ILCS 68/5-10)
21    Sec. 5-10. Commercialization; herpetoculture.
22    (a) It is unlawful to take, possess, buy, sell, offer to
23buy or sell or barter any herptile reptile, amphibian, or
24their eggs, any resulting offspring, or parts taken from the
25wild in this State for commercial purposes unless otherwise

 

 

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1authorized by law.
2    (b) The trier of fact may infer that a person is collecting
3from the wild within this State for commercial purposes if he
4or she possesses indigenous herptiles reptiles or amphibians,
5in whole or in part, for which no documentation exists stating
6that the animals were legally collected from the wild outside
7this State.
8    (c) (Blank). Due to the similarity of appearance (S/A) of
9certain intergrade or hybrid specimens, the Department retains
10the authority to enforce any and all provisions under this
11Act. Specimens determined by the Department, or its agents, to
12fit into this S/A category shall receive all benefits of this
13Act, as well as the Illinois Endangered Species Protection Act
14if applicable, and shall be included in an individual's
15overall possession limit.
16    (d) A valid, Department-issued Herpetoculture permit shall
17apply only to indigenous herptile herp taxa. A Herpetoculture
18permit shall not be required in order to commercialize
19non-indigenous herptile herp taxa except as otherwise
20prohibited or regulated under this Act or federal law.
21    (e) Indigenous herptile herp taxa collected from the wild
22in this State may not be bred unless otherwise authorized by
23the Department for research or recovery purposes unless
24otherwise authorized by this Act or administrative rule.
25(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/5-15)
2    Sec. 5-15. Protection of habitat. Habitat features that
3are disturbed in the course of searching for herptiles
4reptiles and amphibians shall be returned to as near its
5original position and condition as possible, for example
6overturned stones and logs shall be restored to their original
7locations.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/5-20)
10    Sec. 5-20. Propagation of Taking of endangered or
11threatened species.
12    (a) No person shall take or possess for the purpose of
13propagation any of the herptiles listed in the Illinois
14Endangered Species Protection Act, the federal Endangered
15Species Act of 1973, or subsequent administrative rules unless
16authorized by a Herptile Endangered and Threatened Species
17Propagation permit issued by the Department. For the purpose
18of propagation only, a Herptile Endangered and Threatened
19Species Propagation permit shall allow a resident of this
20State to possess, propagate, or sell legally obtained
21endangered and threatened herptiles. The Department shall
22adopt rules relating to the acquisition, possession, and
23propagation of legally obtained endangered and threatened
24herptiles. The Department shall determine, by rule, the
25application, fees, duration, and other requirements necessary

 

 

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1for the issuance or suspension or revocation of a Herptile
2Endangered and Threatened Species Propagation permit. All fees
3collected from the issuance of a Herptile Endangered and
4Threatened Species Propagation permit shall be deposited into
5the Wildlife Preservation Fund. , except as provided by that
6Act.
7    (b) Any person issued a Herptile Endangered and Threatened
8Species Propagation permit by the Department who is in
9possession of a -permitted threatened or endangered (T/E)
10herptile species shall be exempt from an individual's overall
11possession limit under the permitting system set forth in this
12Act. However, the holder of a Herptile Endangered and
13Threatened Species Propagation permit is not exempt from the
14species limitations set forth in the administrative rules
15regarding the Herptile Endangered and Threatened Species
16Propagation permit. However, any and all T/E specimens shall
17be officially recorded with the Department's Endangered
18Species Conservation Program. Any species occurring on the
19federal T/E list also requires a Department permit for
20possession, propagation, sale, or offer for sale unless
21otherwise permitted under this Act or administrative rule
22through the Department.
23    (c) (Blank). Due to the similarity of appearance (S/A) of
24certain intergrade or hybrid specimens, the Department retains
25the authority to enforce any and all provisions under this
26Act. Specimens determined by the Department, or agents, to fit

 

 

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1into this S/A category shall receive all benefits of this Act,
2as well as the Illinois Endangered Species Protection Act if
3applicable, and shall be included in an individual's overall
4possession limit.
5    (d) Federally licensed exhibits shall not be exempt from
6the Illinois Endangered Species Protection Act, this Act, or
7administrative rule.
8    (e) Any changes in threatened or endangered species
9inventory T/E permit numbers for herptiles by current,
10existing Herptile Endangered and Threatened Species
11Propagation permit holders shall be reported to the Department
12in writing no later than the first business day after that
13change occurred. Applications for permits to possess and take
14herptiles shall be reviewed by the Department as provided by
15this Act or administrative rule. Requests for permits by any
16resident acquiring a T/E species who is not permitted shall
17not be issued after-the-fact.
18    (f) (Blank). Annual reports are due by January 31 of each
19year for the preceding year's activities. Failure to submit
20the annual report by the due date shall result in a permit
21violation.
22    (g) (Blank). An annual fee for herptile T/E species
23permits, per permittee, shall be set by administrative rule.
24All fees for herptile T/E species permits shall be deposited
25into the Wildlife Preservation Fund.
26    (h) (Blank). Procedures for acquisition, breeding, and

 

 

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1sales of T/E herptile species shall be set forth in
2administrative rule.
3    (i) (Blank). Record keeping requirements for T/E herptile
4species shall be set forth in administrative rule.
5(Source: P.A. 98-752, eff. 1-1-15.)
 
6    (510 ILCS 68/5-30)
7    Sec. 5-30. Taking of turtles or bullfrogs; illegal
8devices.
9    (a) No person shall take turtles or bullfrogs by
10commercial fishing devices, including dip nets, hoop nets,
11traps, or seines, or by the use of firearms, airguns, or gas
12guns. Turtles or bullfrogs may be taken only by methods set
13forth in administrative rule hand or means of hook and line.
14    (b) Bullfrog; common snapping turtle; open season.
15        (1) All persons individuals taking bullfrogs shall
16    possess a valid sport fishing license issued under Article
17    20 of the Fish and Aquatic Life Code and may take bullfrogs
18    only during the open season to be specified by
19    administrative rule. Bullfrogs may only be taken by hook
20    and line, gig, pitchfork, spear, bow and arrow, hand, or
21    landing net.
22        (2) The daily catch limit and total possession limit
23    for all properly licensed persons shall be specified by
24    administrative rule.
25        (3) All persons taking common snapping turtles shall

 

 

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1    possess a valid sport fishing license issued under Article
2    20 of the Fish and Aquatic Life Code and may take common
3    snapping turtles only during the open season to be
4    specified by administrative rule. Common snapping turtles
5    (Chelydra serpentina) may be taken only by methods set
6    forth in administrative rule hand, hook and line, or bow
7    and arrow, except in the counties listed in administrative
8    rule Section 5-35 where bowfishing for common snapping
9    turtles is not allowed.
10        (4) The daily catch limit and total possession limit
11    for all properly licensed persons shall be specified by
12    administrative rule.
13    (c) (Blank). The alligator snapping turtle (Macrochelys
14temminckii) is protected and may not be taken by any method
15including, but not limited to, any sport fishing method.
16(Source: P.A. 98-752, eff. 1-1-15.)
 
17    (510 ILCS 68/5-35)
18    Sec. 5-35. Areas closed to the taking of reptiles and
19amphibians.
20    (a) Unless otherwise allowed under the provisions of this
21Act by law or administrative rule, the taking of herptiles
22reptiles and amphibians at any time and by any method is
23prohibited in the following areas:
24    The LaRue-Pine Hills or Otter Pond Research Natural Area
25    in Union County. The closed area shall include the

 

 

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1    Research Natural Area as designated by the U.S. Forest
2    Service and the right-of-way of Forest Road 345 with
3    Forest Road 236 to the intersection of Forest Road 345
4    with the Missouri Pacific railroad tracks. Unless
5    otherwise authorized, possession of any collecting
6    equipment is prohibited within the closed area.
7    (b) For the protection and preservation of any herptile
8taxa, the Department may close any area to prevent the taking,
9collecting, or killing of herptiles. The Department may close
10an area for purposes that include the biological significance
11or importance of a species or location or for the prevention,
12containment, or treatment of disease. The Department shall
13adopt procedures for the closure of an area by administrative
14rule. In the following counties bowfishing for common snapping
15turtles is not permitted: Randolph, Perry, Franklin, Hamilton,
16White, Gallatin, Saline, Williamson, Jackson, Union, Johnson,
17Pope, Hardin, Massac, Pulaski, and Alexander, or in any
18additional counties added through administrative rule.
19    (c) (Blank). Collection of wild turtles for races or other
20types of events involving congregating and gathering numbers
21of wild turtles is prohibited in counties where ranavirus has
22been documented. Inclusion on the county list shall be
23determined by rule.
24(Source: P.A. 98-752, eff. 1-1-15.)
 
25    (510 ILCS 68/10-40)

 

 

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1    Sec. 10-40. Additional regulations. Venomous reptiles
2shall not be bred, sold, or offered for sale within this State.
3The Department may approve limited transfers among existing
4permittees as set forth in administrative rule at the sole
5discretion of the Department.
6    As determined by the Department, non-residents may apply
7for a permit not to exceed 15 consecutive days to use venomous
8reptiles in bona fide educational programs. The fee for the
9permit shall be set by administrative rule, and all fees shall
10be deposited into the Wildlife Preservation and Fish Fund.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (510 ILCS 68/15-5)
13    Sec. 15-5. Boas, pythons, and anacondas. Unless contrary
14to any other law or rule, nothing Nothing shall prohibit
15lawfully acquired possession of any of the Boidae family, such
16as boas, pythons, and anacondas, provided captive maintenance
17requirements from the Department as set forth in this Act are
18met. All boas, pythons, and anacondas referenced in this Act
19are exempt from the permit process, associated annual fee, and
20liability insurance coverage.
21(Source: P.A. 98-752, eff. 1-1-15.)
 
22    (510 ILCS 68/20-30)
23    Sec. 20-30. Additional regulations. Crocodilians shall not
24be bred, sold, or offered for sale within this State. However,

 

 

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1the Department may approve, by rule, limited transfers among
2existing permittees.
3    As determined by the Department through administrative
4rule, non-residents may apply for a permit not to exceed 15
5consecutive days to use crocodilians in bona fide educational
6programs. The fee for this permit shall be set by
7administrative rule, and all fees shall be deposited into the
8Wildlife Preservation and Fish Fund.
9(Source: P.A. 98-752, eff. 1-1-15.)
 
10    (510 ILCS 68/25-5)
11    Sec. 25-5. Monitor lizards. "Monitor lizards" means the
12following members of the Varanidae family, specifically
13crocodile monitors and as well as Komodo dragons.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/25-30)
16    Sec. 25-30. Additional regulations. Monitor lizards shall
17not be bred, sold, or offered for sale within this State.
18However, the Department may approve, by rule, limited
19transfers among existing permittees.
20    As determined by the Department, non-residents may apply
21for a permit not to exceed 15 consecutive days to use monitor
22lizards in bona fide educational programs. The fee for the
23permit shall be set by administrative rule, and all fees shall
24be deposited into the Wildlife Preservation and Fish Fund.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/30-10)
3    Sec. 30-10. Turtle collection. Collection of wild turtles
4for races or other types of events involving congregating and
5gathering numbers of wild turtles is prohibited in counties
6where ranavirus has been documented. Inclusion on the county
7list shall be determined by administrative rule.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/35-5)
10    Sec. 35-5. Amphibians. For the purposes of this Section,
11"amphibians" means those medically significant poisonous
12amphibians capable of causing bodily harm to humans or
13animals, including, but not limited to, cane or marine toads
14(Bufo marinus) and Colorado river toads (Bufo alvarius), or
15any other amphibian found to be medically significant and
16listed in administrative rule. Amphibians defined in this
17Section shall only be allowed for bona fide educational
18purposes or research purposes by bona fide scientific or
19educational exempted institutions.
20    Poison dart frogs bred and raised in captivity shall be
21exempt from the permit process.
22(Source: P.A. 98-752, eff. 1-1-15.)
 
23    (510 ILCS 68/40-5)

 

 

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1    Sec. 40-5. Permit issuance. Herptile Scientific Collection
2permits may be granted by the Department under administrative
3rule, in its sole discretion, to any properly accredited
4person at least 18 years of age, permitting the capture,
5marking, handling, banding, or collecting (including hide,
6skin, bones, teeth, claws, nests, eggs, or young), for
7strictly scientific purposes, of any of the herptiles not
8listed as endangered or threatened but now protected under
9this Act. A Herptile Scientific Collection permit may be
10granted under administrative rule to qualified individuals for
11purpose of salvaging dead, sick, or injured herptiles not
12listed as endangered or threatened but protected by this Act
13for permanent donation to bona fide public or state
14scientific, educational, or zoological institutions.
15Collecting herptiles on public lands shall require additional
16permits.
17(Source: P.A. 98-752, eff. 1-1-15.)
 
18    (510 ILCS 68/40-10)
19    Sec. 40-10. Permit requirements. The criteria and
20standards for a Herptile Scientific Collection permit shall be
21provided by administrative rule. The Department shall set
22forth applicable rules covering qualifications and facilities
23needed to obtain a permit. Disposition of herptiles taken
24under the authority of this Article shall be specified by the
25Department. The holder of each permit shall make to the

 

 

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1Department a report in writing upon forms furnished by the
2Department as provided by administrative rule. These reports
3shall be made (i) annually if the permit is granted for a
4period of one year or (ii) within 30 days after the expiration
5of the permit if the permit is granted for a period of less
6than one year. These reports shall include all information
7that is required by the Department considers necessary.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/45-5)
10    Sec. 45-5. Permit application and fees. An applicant for a
11Herptile Scientific Collection permit must file an application
12with the Department on a form provided by the Department. The
13application must include all information and requirements as
14set by administrative rule. The application for these permits
15shall be reviewed by the Department to determine if a permit
16should be issued.
17    Unless addressed or exempted by administrative rule,
18annual permit renewal must be accompanied by non-refundable
19fee as set by the Department. The annual fee for a Herptile
20Scientific Collection permit shall be set by administrative
21rule. The Department shall adopt, by administrative rule, any
22additional procedures for the renewal of a Herptile Scientific
23Collection permit. All fees shall be deposited into the Fish
24and Preservation Wildlife Fund.
25(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/50-5)
2    Sec. 50-5. Permit issuance. Any person or business who
3engages in herpetoculture, the the breeding, hatching,
4propagation, sale, or the offer for sale of any indigenous
5herptile, regardless of origin, shall procure a Herpetoculture
6permit from the Department. Herptiles for which a
7Herpetoculture permit is issued or that specified, which are
8bred, hatched, propagated, or legally obtained by a person or
9business holding a Herpetoculture permit as provided for in
10this Article, may be transported and sold or offered for sale
11within this State. Indigenous herptile herp taxa collected
12from the wild in this State shall not be bred unless otherwise
13authorized by this Act or administrative rule the Department
14for research or recovery purposes.
15(Source: P.A. 98-752, eff. 1-1-15.)
 
16    (510 ILCS 68/50-10)
17    Sec. 50-10. Permit requirements. Herpetoculture permit
18holders shall maintain written records of all herptiles
19possessed, indigenous to this State bought, sold, hatched,
20propagated, sold, or shipped and that are indigenous to this
21State for a minimum of 2 years after the date of the
22transaction and shall be made immediately available to
23authorized employees of the Department upon request. These
24records shall include the name and address of the buyer and

 

 

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1seller, the appropriate permit number of the buyer and seller,
2the date of the transaction, the species name (both common and
3scientific), and the origin of herptile involved. Records of
4the annual operations, as may be required by the Department,
5shall be forwarded to the Department upon request.
6    The criteria and standards for a Herpetoculture permit
7shall be provided by administrative rule. The Department shall
8set forth applicable rules, including a list of herptiles
9indigenous to this State.
10(Source: P.A. 98-752, eff. 1-1-15.)
 
11    (510 ILCS 68/55-5)
12    Sec. 55-5. Permit application and fees. An applicant for
13a Herpetoculture permit must file an application with the
14Department on a form provided by the Department. The
15application must include all information and requirements as
16set forth by administrative rule. The application for these
17permits shall be reviewed by the Department to determine if a
18permit will should be issued.
19    An Unless addressed or exempted by administrative rule,
20annual permit renewal must be accompanied by a non-refundable
21fee as set by the Department. The annual fee for a residential
22Herpetoculture permit shall be set by administrative rule. The
23Department shall adopt, by administrative rule, any additional
24procedures for the renewal of a Herpetoculture permit. All
25fees shall be deposited into the Wildlife Preservation Fund

 

 

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1and Fish Fund.
2    As determined by administrative rule the Department,
3non-residents may apply for a permit not to exceed 15
4consecutive days to commercialize herptiles indigenous to this
5State as outlined in this Article. The application,
6procedures, and The fee for the permit and permit renewal
7shall be set by administrative rule, and all fees shall be
8deposited into the Wildlife Preservation and Fish Fund.
9    The Department shall adopt, by administrative rule,
10additional procedures for the renewal of annual Herpetoculture
11permits.
12(Source: P.A. 98-752, eff. 1-1-15.)
 
13    (510 ILCS 68/55-10)
14    Sec. 55-10. Additional regulations. Nothing in Articles
1550 and 55 shall be construed to give permittees authority to
16breed, hatch, propagate, sell, offer for sale, or otherwise
17commercialize any herptile or parts thereof from herptiles
18indigenous to this State, either partially or in whole, that
19originate from the wild in this State.
20    Any offspring resulting from the breeding of herptiles
21where one parent has been taken from the wild in this State and
22the other parent from non-Illinois stock or captive bred stock
23may not be legally sold or otherwise commercialized and shall
24be treated as indigenous or native Illinois herptile herp taxa
25subject to Article 5 of this Act.

 

 

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1    Color or pattern variations (morphs) of any herptile
2indigenous to this State are not exempt from this Article.
3    Due to the similarity of appearance (S/A) of certain
4intergrade or hybrid specimens, the Department retains the
5authority to enforce any and all provisions under this Act.
6Specimens determined by the Department, or its agents, to fit
7into this S/A category shall receive all benefits of this Act,
8as well as the Illinois Endangered Species Protection Act if
9applicable.
10(Source: P.A. 98-752, eff. 1-1-15.)
 
11    (510 ILCS 68/55-15 new)
12    Sec. 55-15. Intergrade, hybrid, or morphological
13variation. The Department shall have the authority to enforce
14any and all provisions under this Act with respect to an
15intergrade, hybrid, or morphological variation of a species
16protected under this Act or administrative rule. Any
17intergrade or hybrid specimen of a species protected under
18this Act shall have the same protections that any herptile
19parent of the intergrade or hybrid specimen has under this Act
20or administrative rule. The Department may adopt
21administrative rules for the regulation and administration of
22intergrade, hybrid, or morphological variations of herptiles.
23    Any offspring resulting from the breeding of herptiles in
24which one herptile parent has been taken from the wild in this
25State and the other parent is from non-Illinois stock or

 

 

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1captive bred stock may not be legally sold or otherwise
2commercialized and shall be treated as indigenous or native
3Illinois herptile taxa subject to Article 5 of this Act.
4    Morphological variety relating to color or pattern
5variations that are different from the normal, wild-type
6coloration or pattern of any herptile indigenous to this State
7or listed as a threatened or endangered species in the
8Illinois Endangered Species Protection Act shall be treated as
9indigenous or native Illinois herptile taxa subject to this
10Act.
 
11    (510 ILCS 68/60-5)
12    Sec. 60-5. Permit requirements. Prior to any person
13obtaining a Herptile Special Use permit, the following
14criteria must be met:
15        (1) the person was in legal possession and is the
16    legal possessor of the herptile prior to the effective
17    date of this Act and the person applies for and is granted
18    a Personal Possession permit for each special use herptile
19    in the person's possession within 30 days after the
20    enactment of this Act; or
21        (2) prior to acquiring a Herptile Special Use permit,
22    the person must provide the name, address, date of birth,
23    permit number, telephone number of the possessor, type or
24    species, and the date the herptile is to be acquired.
25    The applicant must comply with all requirements of this

 

 

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1Act and the rules adopted by the Department to obtain a
2Herptile Special Use permit. Prior to the issuance of the
3Herptile Special Use permit, the applicant must provide proof
4of liability insurance or surety bond, either individually, or
5in the name of the entity engaged in giving the bona fide
6educational programs, in the amount of $100,000 for each
7special use herptile up to a maximum of $1,000,000 and the
8insurance or surety bond is to be maintained during the term of
9the permit for liability for any incident arising out of or
10relating to the special use herptile.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (510 ILCS 68/65-5)
13    Sec. 65-5. Permit application and fees. An applicant for a
14Herptile Special Use permit must file an application with the
15Department on a form provided by the Department. The
16application must include all information and requirements as
17set forth by administrative rule.
18    The annual fee for a residential Herptile Special Use
19permit shall be set by administrative rule on a per person
20basis. The Herptile Special Use permit shall not be based on
21the number of special use herptile kept by an owner or
22possessor. All fees shall be deposited into the Wildlife
23Preservation and Fish Fund.
24    The Department shall adopt, by administrative rule,
25procedures for the renewal of annual Herptile Special Use

 

 

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1permits.
2    Any person possessing and in legal possession of a special
3use herptile as stipulated in this Article that no longer
4wishes to keep the herptile may be assisted by the Department,
5at no charge to them and without prosecution, to place the
6special use herptile in a new home, within 30 days after the
7effective date of this Act.
8    The Department may issue a Limited Entry permit to an
9applicant who: (i) is not a resident of this State; (ii)
10complies with the requirements of this Act and all rules
11adopted by the Department under the authority of this Act;
12(iii) provides proof to the Department that he or she shall,
13during the permit term, maintain sufficient liability
14insurance coverage; (iv) pays to the Department, along with
15each application for a Limited Entry permit, a non-refundable
16fee as set by administrative rule, which the Department shall
17deposit into the Wildlife Preservation and Fish Fund; and (v)
18uses the herptile for an activity authorized in the Limited
19Entry permit. A Limited Entry permit shall be valid for not
20more than 15 30 consecutive days unless extended by the
21Department, however, no extension shall be longer than 15
22days. The application, review, and procedures to obtain or
23renew a Limited Entry permit shall be set by administrative
24rule.
25(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/70-5)
2    Sec. 70-5. Suspension of privileges and revocation of
3permits. A person who does not hold a Herptile Special Use
4permit or Limited Entry permit and who violates a provision of
5this Act or an administrative rule authorized under this Act
6shall have his or her privileges under this Act suspended for a
7period to be set by administrative rule. up to 5 years after
8the date that he or she is in violation of an initial offense,
9for up to 10 years after the date that he or she is in
10violation of a second offense, and for life for a third or
11subsequent offense. Department suspensions and revocations
12shall be addressed by administrative rule.
13    A person who holds a Herptile Special Use permit or
14Limited Entry permit and who violates the provisions of this
15Act shall have his or her permit revoked and permit privileges
16under this Act suspended for a period to be set by
17administrative rule. of up to 2 years after the date that he or
18she is found guilty of an initial offense, for up to 10 years
19after the date that he or she is found guilty of a second
20offense, and for life for a third offense. Department
21suspensions and revocations shall be addressed by
22administrative rule.
23    A person whose privileges or permit to possess a special
24use herptile have been suspended or permit revoked may appeal
25that decision in accordance with the provisions set forth in
26administrative rule.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/80-5)
3    Sec. 80-5. Injury to a member of public by special use
4herptiles. A person who possesses a special use herptile
5without complying with the requirements of this Act and the
6rules adopted under the authority of this Act and whose
7special use herptile causes bodily harm to harms a person when
8the possessor knew or should have known that the herptile had a
9propensity, when provoked or unprovoked, to harm, cause injury
10to, or otherwise substantially endanger a member of the public
11is guilty of a Class A misdemeanor. A person who possesses a
12special use herptile without complying with the requirements
13of this Act and the rules adopted under the authority of this
14Act and whose special use herptile causes great bodily harm or
15death to a person when the possessor knew or should have known
16that the herptile had a propensity, when provoked or
17unprovoked, to harm, cause injury to, or otherwise
18substantially endanger a member of the public A person who
19fails to comply with the provisions of this Act and the rules
20adopted under the authority of this Act and who intentionally
21or knowingly allows a special use herptile to cause great
22bodily harm to, or the death of, a human is guilty of a Class 4
23felony.
24(Source: P.A. 98-752, eff. 1-1-15; 99-642, eff. 7-28-16.)
 

 

 

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1    (510 ILCS 68/Art. 87 heading new)
2
ARTICLE 87. HERPTILE DISEASES

 
3    (510 ILCS 68/87-5 new)
4    Sec. 87-5. Herptile diseases. The Department may
5investigate, in conjunction with a licensed veterinarian, the
6transmission or potential transmission of any disease in a
7natural or captive population of an amphibian or reptile
8species. The Department may promulgate administrative rules to
9identify specific herptile diseases, pathogens, or fungi, as
10well as treatment and caretaking requirements. Any herptile
11harboring a disease, pathogen, or fungus specified in
12administrative rule may be subject to confiscation and
13forfeiture. A licensed veterinarian shall notify the
14Department under administrative rule after the discovery of a
15herptile that is harboring a disease, pathogen, or fungus
16specified in administrative rule.
 
17    (510 ILCS 68/87-10 new)
18    Sec. 87-10. Possession of a disease carrying herptile.
19    (a) Upon discovery that a herptile is harboring a disease,
20pathogen, or fungus specified in administrative rule, the
21owner or person in possession of the herptile shall notify the
22Department under administrative rule.
23    (b) An owner or person in possession of a herptile that he
24or she knows or reasonably should know is harboring a disease,

 

 

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1pathogen, or fungus specified in administrative rule shall
2comply with all administrative rules regarding the treatment
3and caretaking requirements.
4    (c) A violation of this Section is a Class C misdemeanor.
 
5    (510 ILCS 68/90-5)
6    Sec. 90-5. Penalties.
7    (a) Unless otherwise stated in this Act, a violation of
8this Act is a Class A misdemeanor.
9    (b) A person who violates Article 85 of this Act is guilty
10of a Class A misdemeanor for a first offense and a Class 4
11felony for a second or subsequent offense occurring within one
12year after a finding of guilt on a first offense.
13    (c) A person who violates Article 75 of this Act is guilty
14of a Class B misdemeanor. A violation of the record keeping
15requirement for each individual special use herptile Each day
16of a violation constitutes a separate offense. Any other
17violation of this Act is a Class A misdemeanor unless
18otherwise stated.
19    (d) Any person who takes, possesses, captures, kills, or
20disposes of any herptile protected under this Act in violation
21of this Act is guilty of a Class B misdemeanor unless otherwise
22stated in this Act.
23    (e) All fines and penalties collected under the authority
24of this Act or its administrative rules shall be deposited
25into the Wildlife Preservation and Fish Fund.

 

 

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1(Source: P.A. 98-752, eff. 1-1-15.)
 
2    (510 ILCS 68/90-10 new)
3    Sec. 90-10. Commercial purposes; offenses.
4    (a) Unless otherwise provided in this Act, any person who
5for profit or commercial purposes knowingly captures, kills,
6possesses, offers for sale, sells, offers to barter, barters,
7offers to purchase, purchases, delivers for shipment, ships,
8exports, imports, causes to be shipped, exported, or imported,
9delivers for transportation, transports, or causes to be
10transported, carries or causes to be carried, or receives for
11shipment, transportation, carriage, or export any herptile
12taxa, in whole or in part, protected under this Act and the
13financial value of that herptile, in whole or in part, is
14valued:
15        (1) at or in excess of a total of $300 as calculated
16    according to the applicable provisions under paragraphs
17    (1), (2), (3), and (4) of subsection (a) in Section 105-95
18    of this Act is guilty of a Class 3 felony; or
19        (2) less than the total of $300 as calculated
20    according to the applicable provisions under paragraphs
21    (1), (2), (3), and (4) of subsection (a) in Section 105-95
22    of this Act is guilty of a Class A misdemeanor. A second or
23    subsequent violation is a Class 4 felony.
24    (b) The possession of any herptile, in whole or in part,
25captured or killed in violation of this Act that is valued at

 

 

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1or in excess of $600 under the provisions in subsection (b) of
2Section 105-95 of this Act shall be considered prima facie
3evidence of possession for profit or commercial purposes.
 
4    (510 ILCS 68/95-5)
5    Sec. 95-5. Assumption of risk. Each person who owns,
6possesses, or keeps a herptile expressly assumes the risk of
7and legal responsibility for injury, loss, or damage to the
8person or the person's property that results from the
9ownership, possession, or keeping, of the herptile. Each
10owner, keeper, or possessor of a herptile shall be solely
11liable to manage, care for, and control a particular herptile
12species, and it shall be the duty of each owner, keeper, or
13possessor, to maintain reasonable control of the particular
14herptile at all times, and to refrain from acting in a manner
15that may cause or contribute to the injury of person, whether
16in public or on private property.
17(Source: P.A. 98-752, eff. 1-1-15.)
 
18    (510 ILCS 68/95-10)
19    Sec. 95-10. Civil liability and immunity. If any herptile
20escapes or is released, the owner and possessor of the
21herptile shall be strictly liable for all costs incurred in
22apprehending and confining the herptile, including any
23injuries incurred to humans or damage to property, both real
24and personal, including pets and livestock, and the owner

 

 

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1shall indemnify any animal control officer, police officer, or
2Department employee acting in his or her official capacity to
3capture or control an escaped herptile.
4    The owner, keeper, or possessor of a herptile that escapes
5captivity or is released an escaped herptile shall be liable
6solely responsible for any and all damages and costs to any
7person or property liabilities arising out of or in connection
8with the escape or release of any herptile. Liability
9includes, but is not limited to, including liability for any
10damage, injury, or death caused by or to the herptile during or
11after the herptile's escape or release or as a result of the
12apprehension or confinement of the herptile after its escape
13or release. In addition, the owner, keeper, or possessor of an
14escaped herptile shall be solely responsible and shall
15indemnify for any and all costs, damages, or medical expenses
16incurred by an animal control officer, police officer, or
17Department employee acting in his or her official capacity to
18capture or control an escaped herptile.
19    A licensed veterinarian who may have cause to treat a
20special use herptile that is in violation of this Act shall not
21be held liable, except for willful and wanton misconduct,
22under this Act provided that the veterinarian (i) promptly
23reports violations of this Act of which he or she has knowledge
24to a law enforcement agency within 24 hours after becoming
25aware of the incident; (ii) provides the name, address, and
26phone number of the person possessing the special use herptile

 

 

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

 

 

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1herptiles reptile or amphibian life permitted under this Act,
2including administrative rules, the entire number of herptiles
3or special use herptiles reptile or amphibian life or any
4parts of herptiles or special use herptiles reptile or
5amphibian life in his or her possession is subject to
6confiscation, seizure, or forfeiture.
7(Source: P.A. 98-752, eff. 1-1-15.)
 
8    (510 ILCS 68/100-10)
9    Sec. 100-10. Search and seizure. Whenever any authorized
10employee of the Department, sheriff, deputy sheriff, or other
11peace office of the State has reason to believe that any
12person, owner, possessor, commercial institution, pet store,
13or reptile show vendor or attendee possesses any herptile
14reptile or amphibian life or any part or parts of a herptile
15reptile or amphibian life contrary to the provisions of this
16Act, including administrative rules, he or she may file, or
17cause to be filed, a sworn complaint to that effect before the
18circuit court and procure and execute a search warrant. Upon
19execution of the search warrant, the officer executing the
20search warrant shall make due return of the search warrant to
21the court issuing the search warrant, together with an
22inventory of all the herptiles reptile or amphibian life or
23any part or parts of a herptile reptile or amphibian life taken
24under the search warrant. The court shall then issue process
25against the party owning, controlling, or transporting the

 

 

SB1247 Enrolled- 38 -LRB102 05056 CMG 15075 b

1herptile reptile or amphibian life or any part of a herptile
2reptile or amphibian life seized, and upon its return shall
3proceed to determine whether or not the herptile reptile or
4amphibian life or any part or parts of a herptile were reptile
5or amphibian life was held, possessed, or transported in
6violation of this Act, including administrative rules. In case
7of a finding that a herptile the reptile or amphibian life was
8illegally held, possessed, transported, or sold, a judgment
9shall be entered against the owner or party found in
10possession of the herptile reptile or amphibian life or any
11part or parts of a herptile reptile or amphibian life for the
12costs of the proceeding and providing for the disposition of
13the property seized, as provided for by this Act.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/100-15)
16    Sec. 100-15. Seizure and forfeiture. If any person is
17found to possess a special use herptile that is in violation of
18this Act, including any administrative rules, then the special
19use herptile and any equipment or items used contrary to this
20Act shall be subject to seizure and forfeiture by the
21Department under Section 100-10. Any special use herptile
22seized in violation of this Act may immediately be placed in a
23facility approved by the Department.
24    If a person's special use herptile has been seized by the
25Department, then the owner and possessor of the special use

 

 

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1herptile is liable for the reasonable costs associated with
2the seizure, placement, testing, and care for the special use
3herptile from the time of confiscation until the time the
4special use herptile is relocated to an approved facility or
5person holding a valid Herptile Special Use permit or is
6otherwise disposed of by the Department.
7    Any special use herptile and related items found abandoned
8shall become the property of the Department and disposed of
9according to Department rule.
10    The circuit court, in addition to any other penalty, may
11award any seized or confiscated special use herptiles or items
12to the Department as provided for in Section 1-215 of the Fish
13and Aquatic Life Code and Section 1.25 of the Wildlife Code.
14The circuit Further, the court, in addition to any other
15penalty, may assess a fee upon a person who pleads guilty to
16the provisions of this Act equal to the amount established or
17determined to maintain the special use herptile until it is
18permanently placed in a facility approved by the Department or
19otherwise disposed of.
20(Source: P.A. 98-752, eff. 1-1-15.)
 
21    (510 ILCS 68/105-10)
22    Sec. 105-10. Conservation of herptiles reptiles and
23amphibians. The Department shall take all measures necessary
24for the conservation, distribution, introduction, and
25restoration of herptiles reptiles and amphibians. The

 

 

SB1247 Enrolled- 40 -LRB102 05056 CMG 15075 b

1Department shall also bring or cause to be brought actions and
2proceedings, in the name and by the authority of the People of
3the State of Illinois, to enforce this Act, including
4administrative rules, and to recover any and all fines and
5penalties provided for in this Act. Nothing in this Act shall
6be construed to authorize the Department to change any penalty
7prescribed by law or to change the amount of license fees or
8the authority conferred by licenses prescribed by law. The
9Department is authorized to cooperate with the appropriate
10Departments of the federal government and other Departments or
11agencies of State government and educational institutions in
12conducting surveys, experiments, or work of joint interest or
13benefit.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    (510 ILCS 68/105-30)
16    Sec. 105-30. Statute of limitations. All prosecutions
17under this Act shall be commenced within 3 years after the
18commission of the offense if it is a felony, or within one year
19and 6 months after its commission if it is a misdemeanor 2
20years after the time the offense charged was committed.
21(Source: P.A. 98-752, eff. 1-1-15.)
 
22    (510 ILCS 68/105-35)
23    Sec. 105-35. Collection of fines. All fines provided for
24by this Act shall be collected and remitted to the

 

 

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1Department's Wildlife Preservation and Fish Fund, within 30
2days after the collection of the fine, by the clerk of the
3circuit court collecting the fines who shall submit at the
4same time to the Department a statement of the names of the
5persons so fined and the name of the arresting officer, the
6offense committed, the amount of the fine, and the date of the
7conviction.
8(Source: P.A. 98-752, eff. 1-1-15.)
 
9    (510 ILCS 68/105-40)
10    Sec. 105-40. Power of entry and examination; access to
11lands and waters. Authorized employees of the Department are
12empowered, under law, to enter all lands and waters to enforce
13the provisions of this Act. Authorized employees are further
14empowered to examine all buildings, private or public clubs
15(except dwellings), fish markets, cold storage houses, locker
16plants, reptile shows, pet stores, camps, vessels, cars
17(except sealed railroad cars or other sealed common carriers),
18conveyances, vehicles, watercraft, or any other means of
19transportation or shipping, tents, bags, game bags
20pillowcases, coats, jackets, or other receptacles and to open
21any box, barrel, package, or other receptacle in the
22possession of a common carrier, that they have reason to
23believe contains a herptile reptile or amphibian life or any
24part of a herptile reptile or amphibian life taken, bought,
25sold or bartered, shipped, or had in possession contrary to

 

 

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1this Act, including administrative rules, or that the
2receptacle containing the herptile reptile or amphibian is
3falsely labeled.
4    Authorized employees of the Department shall be given free
5access to and shall not be hindered or interfered with in
6making an entry and examination and any permit issued by the
7Department that is held by the person preventing such free
8access or interfering with or hindering such authorized
9employee shall be subject to confiscation by the Department.
10The Department shall not issue any permit to a person who
11prevented free access or interfered with or hindered an
12employee . Any permit or license held by a person preventing
13free access or interfering with or hindering an employee shall
14not be issued to that person for the period of one year after
15his or her action.
16    Employees of the Department, as specifically authorized by
17the Director, are empowered to enter all lands and waters for
18the purpose of herptile reptile or amphibian investigations,
19State and federal permit inspections, as well as herptile
20reptile or amphibian censuses or inventories, and are further
21empowered to conduct examination of equipment and devices in
22the field, under law, to ensure compliance with this Act.
23(Source: P.A. 98-752, eff. 1-1-15.)
 
24    (510 ILCS 68/105-55)
25    Sec. 105-55. Illegal collecting devices; public nuisance.

 

 

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1Every collecting device, including seines, nets, traps,
2pillowcases, bags, snake hooks or tongs, or any electrical
3device or any other devices including vehicles or conveyance,
4watercraft, or aircraft used or operated illegally or
5attempted to be used or operated illegally by any person in
6taking, transporting, holding, or conveying any herptile
7reptile or amphibian life or any part or parts of a herptile of
8reptile or amphibian life, contrary to this Act, including
9administrative rules, shall be deemed a public nuisance and
10therefore illegal and subject to seizure and confiscation by
11any authorized employee of the Department. Upon the seizure of
12this item, the Department shall take and hold the item until
13disposed 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
16the seizure 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
26the forfeiture of the seized property to the State. The owner

 

 

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

 

 

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1right of possession and reimbursing the Department for all
2reasonable expenses 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 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 68/105-60)
15    Sec. 105-60. Violations; separate offenses. Each act of
16pursuing, taking, shipping, offered or received for shipping,
17offering or receiving for shipment, transporting, buying,
18selling or bartering, or having in one's possession any
19protected herptile reptile or amphibian life or any part or
20parts of a herptile of reptile or amphibian life, seines,
21nets, bags, snake hooks or tongs, or other devices used or to
22be used in violation of this Act, including administrative
23rules, constitutes a separate offense.
24(Source: P.A. 98-752, eff. 1-1-15.)
 

 

 

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1    (510 ILCS 68/105-65)
2    Sec. 105-65. Accessory to violation; accountability.
3    (a) Any person who aids in or contributes in any way to a
4violation of this Act, including administrative rules, is
5individually liable, as a separate offense under this Act, for
6the penalties imposed against the person who committed the
7violation.
8    (b) Accountability for any person who aids or contributes
9in any way to a misdemeanor or felony violation of this Act
10shall be determined according to the provisions under Section
115-2 of the Criminal Code of 2012.
12(Source: P.A. 98-752, eff. 1-1-15.)
 
13    (510 ILCS 68/105-75)
14    Sec. 105-75. Wildlife Preservation and Fish Fund;
15disposition of money received. All fees, fines, income of
16whatever kind or nature derived from herptile reptile and
17amphibian activities regulated by this Act on lands, waters,
18or both under the jurisdiction or control of the Department
19and all penalties collected under this Act shall be deposited
20into the State treasury and shall be set apart in a special
21fund known as the Wildlife Preservation and Fish Fund.
22(Source: P.A. 98-752, eff. 1-1-15.)
 
23    (510 ILCS 68/105-80)
24    Sec. 105-80. Ownership and title of wild indigenous

 

 

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1reptiles and amphibians. The ownership of and title to all
2wild indigenous herptile reptile and amphibian life within the
3boundaries of the State are hereby declared to be in the State
4and no wild indigenous herptile reptile and amphibian life
5shall be taken or killed, in any manner or at any time, unless
6the person or persons taking or killing the wild indigenous
7reptile and amphibian life shall consent that the title to the
8wild indigenous herptile reptile and amphibian life shall be
9and remain in the State for the purpose of regulating the
10taking, killing, possession, use, sale, and transportation of
11wild indigenous herptile reptile and amphibian life after
12taking or killing, as set forth in this Act.
13(Source: P.A. 98-752, eff. 1-1-15.)
 
14    (510 ILCS 68/105-90)
15    Sec. 105-90. Taking on private property. It is unlawful
16for any person to take or attempt to take any species of
17reptile or amphibian, or parts thereof, within or upon the
18land of another, or upon waters flowing over or standing on the
19land of another, without first obtaining permission from the
20owner or the owner's designee. For the purposes of this
21Section, the owner's designee means anyone who the owner
22designates in a written authorization and the authorization
23must contain (i) the legal or common description of property
24for which the authority is given, (ii) the extent that the
25owner's designee is authorized to make decisions regarding who

 

 

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1is allowed to take or attempt to take any species of reptiles
2or amphibians, or parts thereof, and (iii) the owner's
3notarized signature. Before enforcing this Section, the law
4enforcement officer must have received notice from the owner
5or the owner's designee of a violation of this Section.
6Statements made to a law enforcement officer regarding this
7notice shall not be rendered inadmissible by the hearsay rule
8when offered for the purpose of showing the required notice.
9Any person who violates this Section shall be guilty of a Class
10B misdemeanor.
11(Source: P.A. 98-752, eff. 1-1-15.)
 
12    (510 ILCS 68/105-95)
13    Sec. 105-95. Financial value of herptiles.
14    (a) For purposes of this Act, replacement cost shall be
15used to determine the financial value of the herptile species
16protected by this Act, but in no case shall the minimum value
17of any species protected under this Act be less than the
18following: For purposes of this Section, the financial value
19of all reptiles and amphibians described under this Act taken,
20possessed, or used in violation of this Act, whether in whole
21or in part, is as follows:
22        (1) for processed turtle parts, $8 for each pound or
23    fraction of a pound; for each non-processed turtle, $15
24    per whole turtle or fair market value, whichever is
25    greater;

 

 

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1        (2) for frogs, toads, salamanders, lizards, and
2    snakes, $5 per herptile or fair market value, whichever is
3    greater, in whole or in part, unless specified as a
4    special use herptile;
5        (3) for any special use herptile, the value shall be
6    no less than $250 per special use herptile or fair market
7    value, whichever is greater;
8        (4) for any endangered or threatened herptile, the
9    value shall be no less than $150 per endangered or
10    threatened. herptile or fair market value, whichever is
11    greater; and
12        (5) (Blank). any person who, for profit or commercial
13    purposes, knowingly captures or kills, possesses, offers
14    for sale, sells, offers to barter, barters, offers to
15    purchase, purchases, delivers for shipment, ships,
16    exports, imports, causes to be shipped, exported, or
17    imported, delivers for transportation, transports, or
18    causes to be transported, carries or causes to be carried,
19    or receives for shipment, transportation, carriage, or
20    export any reptile or amphibian life, in part or in whole,
21    of any of the reptiles and amphibians protected by this
22    Act, and that reptile or amphibian life, in whole or in
23    part, is valued at or in excess of a total of $300 or fair
24    market value, whichever is greater, as per value specified
25    in paragraphs (1), (2), (3), and (4) of this subsection
26    commits a Class 3 felony.

 

 

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1    (b) (Blank). The trier of fact may infer that a person
2"knowingly possesses" a reptile or amphibian, in whole or in
3part, captured or killed in violation of this Act, valued at or
4in excess of $600, as per value specified in paragraphs (1),
5(2), (3), and (4) of subsection (a) of this Section.
6(Source: P.A. 98-752, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
7    (510 ILCS 68/110-5)
8    Sec. 110-5. Exemptions. When acting in their official
9capacity, the following entities and their agents are exempt
10from Section 75-5 Articles 75 and 85-5 85 of this Act:
11        (1) public zoos or aquaria accredited by the
12    Association of Zoos and Aquariums or the Zoological
13    Association of America;
14        (2) licensed veterinarians or anyone operating under
15    the authority of a licensed veterinarian who is actively
16    treating a special use herptile that is being maintained
17    in the veterinarian facility in accordance with Sections
18    10-25, 20-15, and 25-15 of this Act in order to prevent the
19    escape of the herptile and protect public health and
20    safety;
21        (3) (blank); wildlife sanctuaries;
22        (4) accredited research or medical institutions;
23        (5) licensed or accredited educational institutions;
24        (6) circuses licensed and in compliance with the
25    Animal Welfare Act and all rules adopted by the Department

 

 

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1    of Agriculture;
2        (7) federal, State, and local law enforcement
3    officers, including animal control officers acting under
4    the authority of this Act;
5        (8) members of federal, State, or local agencies
6    approved by the Department; and
7        (9) (blank); any bona fide wildlife rehabilitation
8    facility licensed or otherwise authorized by the
9    Department; and
10        (10) any motion picture or television production
11    company that uses licensed dealers, exhibitors, and
12    transporters under the federal Animal Welfare Act, 7
13    U.S.C. 2132.
14(Source: P.A. 98-752, eff. 1-1-15.)
 
15    Section 10. The Illinois Endangered Species Protection Act
16is amended by changing Sections 3, 4, and 5 as follows:
 
17    (520 ILCS 10/3)  (from Ch. 8, par. 333)
18    Sec. 3. It is unlawful for any person:
19        (1) to possess, take, transport, sell, offer for sale,
20    give or otherwise dispose of any animal or the product
21    thereof of any animal species which occurs on the Illinois
22    List, unless otherwise authorized by law;
23        (2) to deliver, receive, carry, transport or ship in
24    interstate or foreign commerce plants listed as endangered

 

 

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1    by the federal government without a permit therefor issued
2    by the Department as provided in Section 4 of this Act;
3        (3) to take plants on the Illinois List without the
4    express written permission of the landowner; or
5        (4) to sell or offer for sale plants or plant products
6    of endangered species on the Illinois List.
7(Source: P.A. 91-357, eff. 7-29-99.)
 
8    (520 ILCS 10/4)  (from Ch. 8, par. 334)
9    Sec. 4. Upon receipt of proper application and approval of
10the same, the Department may issue to any qualified person a
11permit which allows the taking, possession, transport,
12purchase, or disposal of specimens or products of an
13endangered or threatened species of animal or federal
14endangered plant after the effective date of this Act for
15justified purposes, that will enhance the survival of the
16affected species by zoological, botanical or educational or
17for scientific purposes only. Section 5-20 of the
18Herptiles-Herps Act has provisions for permits to acquire,
19breed, and sell captive, legally obtained endangered and
20threatened amphibians and reptiles. Rules for the issuance and
21maintenance of permits shall be promulgated by the Department
22after consultation with and written approval of the Board. The
23Department shall, upon notice and hearing, revoke the permit
24of any holder thereof upon finding that the person is not
25complying with the terms of the permit, the person is

 

 

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1knowingly providing incorrect or inadequate information, the
2activity covered by the permit is placing the species in undue
3jeopardy, or for other cause.
4(Source: P.A. 98-752, eff. 1-1-15.)
 
5    (520 ILCS 10/5)  (from Ch. 8, par. 335)
6    Sec. 5. (a) Upon receipt of proper application and
7approval of same, the Department may issue a limited permit
8authorizing the possession, purchase or disposition of animals
9or animal products of an endangered or threatened species, or
10federal endangered plants to any person which had in its
11possession prior to the effective date of this Act such an item
12or which obtained such an item legally out-of-state. Such
13permit shall specifically name and describe each pertinent
14item possessed by the permit holder and shall be valid only for
15possession, purchase or disposition of the items so named. The
16Department may require proof that acquisition of such items
17was made before the effective date of this Act. The Department
18may also issue a limited permit authorizing the possession,
19purchase or disposition of live animals or such item to any
20person to whom a holder of a valid permit issued pursuant to
21this section gives, sells, or otherwise transfers the item
22named in the permit. Section 5-20 of the Herptiles-Herps Act
23has provisions for permits to acquire, breed, and sell
24captive, legally obtained endangered and threatened amphibians
25and reptiles. Limited permits issued pursuant to this section

 

 

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1shall be valid only as long as the item remains in the
2possession of the person to whom the permit was issued.
3    (b) The limited permit shall be revoked by the Department
4if it finds that the holder has received it on the basis of
5false information, is not complying with its terms, or for
6other cause.
7(Source: P.A. 98-752, eff. 1-1-15.)