Illinois-2013-SB2362-Amended

Rep. Emanuel Chris Welch

Filed: 5/3/2013

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1 AMENDMENT TO SENATE BILL 2362

2 AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing

3 everything after the enacting clause with the following:

4 "ARTICLE 1. GENERAL PROVISIONS

5 Section 1-1. Short title. This Act may be cited as the

6 Herptiles-Herps Act of 2013.

7 Section 1-5. Purpose. For purposes of this Act, reptiles

8 and amphibians shall be exempt from the definition of "aquatic

9 life" under Section 1-20 of the Fish and Aquatic Life Code. All

10 rules and enforcement actions under the Illinois Conservation

11 Law and the dangerous animals provisions in Section 48-10 of

12 the Criminal Code of 2012 related to reptiles and amphibians

13 shall be covered exclusively by this Act.

14 Section 1-10. Administrative agency. This Act shall be

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1 administered and under the direction of the Department of

2 Natural Resources.

3 Section 1-15. Definitions. For the purposes of this Act,

4 unless the context clearly requires otherwise, the following

5 terms are defined as:

6 "Administrative rule" means a regulatory measure issued by

7 the Director under this Act.

8 "Authorized law enforcement officer" means all sworn

9 members of the Law Enforcement Division of the Department and

10 those persons specifically granted law enforcement

11 authorization by the Director.

12 "Bona fide scientific or educational institution" means

13 confirming educational or scientific tax-exemption, from the

14 federal Internal Revenue Service or the applicant's national,

15 state, or local tax authority, or a statement of accreditation

16 or recognition as an educational institution.

17 "Contraband" means all reptile or amphibian life or any

18 part of reptile or amphibian life taken, bought, sold or

19 bartered, shipped, or held in possession or any conveyance,

20 vehicle, watercraft, or other means of transportation

21 whatsoever, except sealed railroad cars or other sealed common

22 carriers, used to transport or ship any reptile or amphibian

23 life or any part of reptile or amphibian life taken, contrary

24 to this Act, including administrative rules, or used to

25 transport, contrary to this Act, including administrative

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1 rules, any of the specified species when taken illegally.

2 "Culling" means rejecting or discarding.

3 "Department" means the Illinois Department of Natural

4 Resources.

5 "Director" means the Director of the Illinois Department of

6 Natural Resources.

7 "Educational program" means a program of organized

8 instruction or study for providing education intended to meet a

9 public need.

10 "Endangered or threatened species" means any species

11 listed as endangered or threatened to the species level on

12 either the Illinois List of Endangered and Threatened Fauna or

13 the federal U.S. Fish and Wildlife Service List of Threatened

14 and Endangered Species.

15 "Herptile" means collectively any amphibian or reptile

16 taxa, whether indigenous to this State or not.

17 "Indigenous or native taxa" means those amphibians and

18 reptiles to the subspecies level that can be found naturally in

19 this State.

20 "Individual" means a natural person.

21 "Medically significant" means a venomous or poisonous

22 species whose venom or toxin can cause death or serious illness

23 or injury in humans that may require emergency room care or the

24 immediate care of a physician. These species are categorized as

25 being "medically significant" or "medically important".

26 "Owner" means an individual who has a legal right to the

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1 possession of a herptile.

2 "Person" means any individual, partnership, corporation,

3 organization, trade or professional association, firm, limited

4 liability company, joint venture, or group.

5 "Possession limit" means the maximum number or amount of

6 herptiles that can be lawfully held or possessed by one person

7 at any time.

8 "Possessor" means any person who possesses, keeps,

9 harbors, brings into the State, cares for, acts as a custodian

10 for, has in his or her custody or control, or holds a property

11 right to a herptile.

12 "Reptile show" means any event open to the public, for a

13 fee or without a fee, that is not a licensed pet store, where

14 herptiles or herptiles together with other animals are

15 exhibited, displayed, sold, bought, traded, or otherwise made

16 available for public display.

17 "Resident" means a person who in good faith makes

18 application for any license or permit and verifies by statement

19 that he or she has maintained his or her permanent abode in

20 this State for a period of at least 30 consecutive days

21 immediately preceding the person's application, and who does

22 not maintain permanent abode or claim residency in another

23 state for the purposes of obtaining any of the same or similar

24 licenses or permits under this Act. A person's permanent abode

25 is his or her fixed and permanent dwelling place, as

26 distinguished from a temporary or transient place of residence.

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1 Domiciliary intent is required to establish that the person is

2 maintaining his or her permanent abode in this State. Evidence

3 of domiciliary intent includes, but is not limited to, the

4 location where the person votes, pays personal income tax, or

5 obtains a drivers license. Any person on active duty in the

6 Armed Forces shall be considered a resident of Illinois during

7 his or her period of military duty.

8 "Special use herptile" means any taxa of amphibian or

9 reptile for which a Herptile Special Use permit is required.

10 "Take" means possess, collect, catch, detain, hunt, shoot,

11 pursue, lure, kill, destroy, capture, gig or spear, trap or

12 ensnare, harass, or an attempt to do so.

13 "Transport" or "ship" means to convey by parcel post,

14 express, freight, baggage, or shipment by common carrier or any

15 description; by automobile, motorcycle, or other vehicle of any

16 kind; by water or aircraft of any kind; or by any other means

17 of transportation.

18 "Turtle farming" means the act of breeding, hatching,

19 raising, selling turtles, or any combination commercially for

20 the purpose of providing turtles, turtle eggs, or turtle parts

21 to pet suppliers, exporters, and food industries.

22 "Wildlife sanctuary" means any non-profit organization

23 that: (1) is exempt from taxation under the federal Internal

24 Revenue Code and is currently confirmed as tax exempt by the

25 federal Internal Revenue Service; (2) operates a place of

26 refuge where wild animals are provided care for their lifetime

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1 or released back to their natural range; (3) does not conduct

2 activities on animals in its possession that are not inherent

3 to the animal's nature; (4) does not use animals in its

4 possession for entertainment; (5) does not sell, trade, or

5 barter animals in its possession or parts of those animals; and

6 (6) does not breed animals in its possession.

7 ARTICLE 5. INDIGENOUS OR

8 NATIVE HERPTILE TAXA

9 Section 5-5. Possession limits.

10 (a) The possession limit for indigenous amphibian and

11 reptile taxa (excluding common snapping turtles and bullfrogs)

12 is 8 total collectively with no more than 4 per taxa. Captive

13 born offspring of a legally held reptile or amphibian, not

14 intended for commercial purposes, is exempt from the possession

15 limits for a period of 30 days. Young of gravid wild-collected

16 amphibians and reptiles shall be released at site of adult

17 capture after birth.

18 (b) Only residents may possess herptiles collected from the

19 wild within this State under a valid sport fishing license;

20 non-residents may not possess herptiles collected from the wild

21 within this State except for scientific purposes, with a

22 Herptile Scientific Collection permit.

23 (c) All herptile species (other than bullfrogs and common

24 snapping turtles) may be captured by hand. This shall not

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1 restrict the use of legally taken herptiles as bait by anglers.

2 Any captured herptiles that are not to be retained in the

3 possession of the captor shall be immediately released at the

4 site of capture, unless taken with a lethal method such as bow

5 and arrow, gig, spear, or pitchfork which does not permit

6 release without harm. All common snapping turtles and bullfrogs

7 taken for personal consumption must be kept and counted in the

8 daily catch creel or bag. No culling of these 2 species for

9 personal consumption is permitted.

10 (d) The trier of fact may infer that a person is collecting

11 from the wild within this State if he or she possesses

12 indigenous reptiles or amphibians, in whole or in part, if no

13 documentation exists stating that the animals were legally

14 collected from the wild outside of this State.

15 (e) Residents may possess a total of 8 native herp

16 specimens collectively, with no more than 4 per taxa, without

17 obtaining and possessing either a Herptile Scientific

18 Collection permit or Herpetoculture permit from the

19 Department, regardless of the origin of the species. A sport

20 fishing license is required for residents to legally collect

21 any native herp taxa on private land, with the landowner's

22 permission. Collecting herptiles on public lands shall require

23 additional permits.

24 (f) Any resident wishing to possess more than his or her

25 allowed possession limit shall first apply to the Department

26 for a Herptile Scientific Collection permit or Herpetoculture

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1 permit to do so. Issuance, modification, or denial of any and

2 all of these permits shall be at the sole discretion of the

3 Department.

4 (g) Due to the similarity of appearance (S/A) of certain

5 intergrade or hybrid specimens, the Department retains the

6 authority to enforce any and all provisions under this Act.

7 Specimens determined by the Department, or its agents, to fit

8 into this S/A category shall receive all benefits of this Act,

9 as well as the Illinois Endangered Species Protection Act if

10 applicable, and shall be included in an individual's overall

11 possession limit.

12 Section 5-10. Commercialization; herpetoculture.

13 (a) It is unlawful to take, possess, buy, sell, offer to

14 buy or sell or barter any reptile, amphibian, or their eggs,

15 any resulting offspring, or parts taken from the wild in this

16 State for commercial purposes unless otherwise authorized by

17 law.

18 (b) The trier of fact may infer that a person is collecting

19 from the wild within this State for commercial purposes if he

20 or she possesses indigenous reptiles or amphibians, in whole or

21 in part, for which no documentation exists stating that the

22 animals were legally collected from the wild outside this

23 State.

24 (c) Due to the similarity of appearance (S/A) of certain

25 intergrade or hybrid specimens, the Department retains the

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1 authority to enforce any and all provisions under this Act.

2 Specimens determined by the Department, or its agents, to fit

3 into this S/A category shall receive all benefits of this Act,

4 as well as the Illinois Endangered Species Protection Act if

5 applicable, and shall be included in an individual's overall

6 possession limit.

7 (d) A valid, Department-issued Herpetoculture permit shall

8 apply only to indigenous herp taxa. A Herpetoculture permit

9 shall not be required in order to commercialize non-indigenous

10 herp taxa except as required under Section 5-20 of this Act.

11 Section 5-15. Protection of habitat. Habitat features that

12 are disturbed in the course of searching for reptiles and

13 amphibians shall be returned to as near its original position

14 and condition as possible, for example overturned stones and

15 logs shall be restored to their original locations.

16 Section 5-20. Taking of endangered or threatened species.

17 (a) No person shall take or possess any of the herptiles

18 listed in the Illinois Endangered Species Protection Act or

19 subsequent administrative rules, except as provided by that

20 Act.

21 (b) Any Department-permitted threatened or endangered

22 (T/E) herptile species shall be exempt from an individual's

23 overall possession under the permitting system set forth in

24 this Act. However, any and all T/E specimens shall be

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1 officially recorded with the Department's Endangered Species

2 Conservation Program. Any species occurring on the federal T/E

3 list also requires a Department permit for possession,

4 propagation, sale, or offer for sale unless otherwise permitted

5 through the Department.

6 (c) Due to the similarity of appearance (S/A) of certain

7 intergrade or hybrid specimens, the Department retains the

8 authority to enforce any and all provisions under this Act.

9 Specimens determined by the Department, or agents, to fit into

10 this S/A category shall receive all benefits of this Act, as

11 well as the Illinois Endangered Species Protection Act if

12 applicable, and shall be included in an individual's overall

13 possession limit.

14 (d) Federally licensed exhibits shall not be exempt from

15 the Illinois Endangered Species Protection Act.

16 (e) Any changes in T/E permit numbers for herptiles by

17 current, existing permit holders shall be reported to the

18 Department in writing no later than the first business day

19 after that change occurred. Requests for permits by any

20 resident acquiring a T/E species who is not permitted shall not

21 be issued after-the-fact.

22 (f) Annual reports are due by January 31 of each year for

23 the preceding year's activities. Failure to submit the annual

24 report by the due date shall result in a permit violation.

25 (g) An annual fee for herptile T/E species permits, per

26 permittee, shall be set by administrative rule.

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1 (h) Procedures for sales and acquisition of T/E herptile

2 species shall be set forth in administrative rule.

3 (i) Record keeping requirements for T/E herptile species

4 shall be set forth in administrative rule.

5 Section 5-25. Taking of snakes. Unless otherwise provided

6 in this Act, any non-threatened or non-endangered snake may be

7 taken by the owners or bona fide tenants of lands actually

8 residing on the lands and their children, parents, brothers,

9 and sisters permanently residing with them.

10 Section 5-30. Taking of turtles or bullfrogs; illegal

11 devices.

12 (a) No person shall take turtles or bullfrogs by commercial

13 fishing devices, including dip nets, hoop nets, traps, or

14 seines, or by the use of firearms, airguns, or gas guns.

15 Turtles may be taken only by hand or means of hook and line.

16 (b) Bullfrog; common snapping turtle; open season.

17 (1) All individuals taking bullfrogs shall possess a

18 valid sport fishing license and may take bullfrogs only

19 during the open season to be specified by administrative

20 rule. Bullfrogs may only be taken by hook and line, gig,

21 pitchfork, spear, bow and arrow, hand, or 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.

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1 (3) All persons taking common snapping turtles shall

2 possess a valid sport fishing license 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 hand, hook and

6 line, or bow and arrow, except in the counties listed in

7 Section 5-35 where bowfishing for common snapping turtles

8 is not allowed.

9 (4) The daily catch limit and total possession limit

10 for all properly licensed persons shall be specified by

11 administrative rule.

12 (c) The alligator snapping turtle (Macrochelys temminckii)

13 is protected and may not be taken by any method including, but

14 not limited to, any sport fishing method.

15 Section 5-35. Areas closed to the taking of reptiles and

16 amphibians. Unless otherwise allowed by law or administrative

17 rule, the taking of reptiles and amphibians at any time and by

18 any method is prohibited in the following areas:

19 The LaRue-Pine Hills or Otter Pond Research Natural Area in

20 Union County. The closed area shall include the Research

21 Natural Area as designated by the U.S. Forest Service and

22 the right-of-way of Forest Road 345 with Forest Road 236 to

23 the intersection of Forest Road 345 with the Missouri

24 Pacific railroad tracks.

25 In the following counties bowfishing for common snapping

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1 turtles is not permitted: Randolph, Perry, Franklin, Hamilton,

2 White, Gallatin, Saline, Williamson, Jackson, Union, Johnson,

3 Pope, Hardin, Massac, Pulaski, and Alexander, or in any

4 additional counties added through administrative rule.

5 Section 5-40. Additional protective regulations.

6 (a) Except as otherwise allowed by law or administrative

7 rule, taking of the following species of reptiles and

8 amphibians is prohibited:

9 Copperbelly water snake (Nerodia erythrogaster neglecta)

10 in Clay, Edwards, Gallatin, Hamilton, Hardin, Johnson,

11 Lawrence, Massac, Pope, Pulaski, Richland, Rock Island,

12 Saline, Wabash, Wayne, and White counties.

13 (b) Under this Act, the copperbelly water snake shall be

14 treated as a listed threatened or endangered species within

15 this State. The copperbelly water snake shall receive all

16 protection benefits and incidental take regulations as

17 described under the Illinois Endangered Species Protection

18 Act.

19 (c) Because the range of the 2 subspecies of Nerodia

20 erythrogaster overlap in southern Illinois, and the meristic

21 characters that separate these 2 subspecies is often

22 problematic, the Department retains the authority to classify

23 water snake specimens as similar in appearance (S/A) to the

24 subspecies: neglecta. Specimens determined by the Department,

25 or its agents, to fit into this neglecta S/A category shall

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1 receive all benefits of this Act, as well as the Illinois

2 Endangered Species Protection Act.

3 Section 5-45. Translocation and release of herptiles.

4 (a) No herptile indigenous species may be moved,

5 translocated, or populations repatriated within this State

6 without approval of the Department, after review of a proposal

7 complete with long-term monitoring plan at least 5 years

8 post-release.

9 (b) It shall be unlawful to intentionally or negligently

10 release any non-indigenous herptile species into this State.

11 ARTICLE 10. VENOMOUS REPTILES

12 Section 10-5. Venomous reptile defined. Venomous reptiles

13 include, but are not limited to, any medically significant

14 venomous species of the families or genera of the Order

15 Squamata: Helodermatidae, such as gila monsters and beaded

16 lizards; Elapidae, such as cobras and coral snakes;

17 Hydrophiidae, such as sea snakes; Viperidae and Crotalinae,

18 such as vipers and pit vipers; Atractaspididae, such as

19 burrowing asps; Colubridae in the following genera that shall

20 be determined by administrative rule: West Indian racers

21 (Alsophis); boigas and mangrove snakes (Boiga); road guarders

22 (Conophis); Boomslangs (Dispholidus); false water cobras

23 (Hydrodynastes); varied or hooded keelbacks (Macropisthodon);

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1 Malagasy cat-eyed snakes (Madagascarophis); Montpellier snakes

2 (Malpolon); kukri snakes (Oligodon); collared snakes

3 (Phalotris); palm snakes or green racers (Philodryas); sand

4 snakes or racers (Psammophis); keelbacks (Rhabdophis); beaked

5 snakes (Rhamphiophis); twig snakes (Thelotornis); black tree

6 snakes (Thrasops); Pampas snakes (Tomodon); Wagler's snakes

7 (Waglerophis); false fer-de-lances (Xenodon); specimens or

8 eggs of the brown tree snake (Boiga irregularis); and any other

9 species added through legislative process designated.

10 Section 10-10. Surgically altered venomous reptiles. It is

11 not a defense to a violation of Article 65 that the person

12 violating that Article has had the venomous reptile surgically

13 altered to render it harmless.

14 Section 10-15. Venomous reptile permit requirements. In

15 addition to those requirements listed in Articles 60 and 65 of

16 this Act, Herptile Special Use permits may be issued to

17 residents using approved venomous reptile species only for bona

18 fide educational programs, following an inspection and

19 approval of the proposed facilities. A minimum of 6 documented

20 programs shall be required of each permittee per calendar year.

21 Unless addressed or exempted by administrative rule, annual

22 permit renewal must be accompanied by a non-refundable fee as

23 set by the Department by administrative rule and documented

24 proof of educational programs completed on the recipient's

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1 letterhead. Prospective permittees must have 250 documented

2 hours of experience with venomous reptiles. The Department or

3 the Department of Agriculture reserves the right to inspect

4 permittees and facilities during reasonable hours. Additions

5 to permits must be approved prior to acquisition of additional

6 venomous reptiles, and any changes shall be reported to the

7 Department in writing no later than the first business day

8 after that change occurred.

9 Section 10-20. Approved venomous reptiles. Permittees may

10 keep legally obtained venomous reptile specimens native to the

11 United States, except the following species: Eastern

12 diamondback rattlesnakes (Crotalus adamanteus); Western

13 diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes

14 (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus

15 oreganus helleri); Eastern and Texas coral snakes (Micrurus

16 fulvius); Sonoran coral snakes (Micruroides euryxanthus); and

17 timber/canebrake rattlesnakes (Crotalus horridus) from the

18 southern portions of their range (Oklahoma, southern Arkansas,

19 Louisiana, and also southeastern South Carolina south through

20 eastern Georgia to northern Florida), known as "Type A" and

21 containing canebrake toxin.

22 Except for Boomslangs (Dispholidus), twig snakes

23 (Thelotornis), keelbacks (Rhabdophis), Lichtenstein's green

24 racer (Philodryas olfersii), and brown tree snake (Boiga

25 irregularis) and medically significant snakes in the family

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1 Colubridae defined in Section 10-5 of this Article may be

2 possessed by permit.

3 Section 10-25. Maintenance of venomous reptiles.

4 Permittees shall keep approved venomous reptiles in strong

5 escape-proof enclosures that at a minimum are: impact

6 resistant, locked at all times, prominently labeled with the

7 permittee's full name, address, telephone number, list of cage

8 contents by scientific and common names, and a sign labeled

9 "venomous". The signage shall also include the type and

10 location of antivenom and contact information of the person or

11 organization possessing the antivenom.

12 Section 10-30. Educational programs with approved venomous

13 reptiles. Permittees shall keep approved venomous reptiles in

14 strong escape-proof enclosures that at a minimum are: impact

15 resistant, locked at all times, prominently labeled with the

16 permittee's full name, address, telephone number, list of cage

17 contents by scientific and common names, and a sign labeled

18 "venomous". Labeling shall also include the type and location

19 of antivenom and contact information of the person or

20 organization possessing the antivenom. Interiors of enclosures

21 may not be accessible to the public.

22 Section 10-35. Transport of approved venomous reptiles.

23 During transport of any approved venomous reptile, it must be

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1 kept out of sight of the public in an escape-proof enclosure at

2 all times that is labeled "venomous". Transport of any venomous

3 reptile to any public venue, commercial establishment, retail

4 establishment, or educational institution shall only be for

5 bona fide educational programs or veterinary care.

6 Section 10-40. Additional regulations. Venomous reptiles

7 shall not be bred, sold, or offered for sale within this State.

8 The Department may approve limited transfers among existing

9 permittees at the sole discretion of the Department.

10 As determined by the Department, non-residents may apply

11 for a permit not to exceed 15 consecutive days to use venomous

12 reptiles in bona fide educational programs. The fee for the

13 permit shall be set by administrative rule, and all fees shall

14 be deposited into the Wildlife and Fish Fund.

15 ARTICLE 15. BOAS,

16 PYTHONS, AND ANACONDAS

17 Section 15-5. Boas, pythons, and anacondas. Nothing shall

18 prohibit lawfully acquired possession of any of the Boidae

19 family, such as boas, pythons, and anacondas, provided captive

20 maintenance requirements from the Department as set forth in

21 this Act are met. All boas, pythons, and anacondas referenced

22 in this Act are exempt from the permit process, associated

23 annual fee, and liability insurance coverage.

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1 Section 15-10. Maintenance of boas, pythons, and

2 anacondas. Any species of boa, python, or anaconda, regardless

3 of length, must be properly maintained in suitable, strong,

4 impact resistant, escape-proof enclosures at all times unless

5 being used for bona fide educational programs or trips for

6 veterinary care.

7 Section 15-15. Educational programs with boas, pythons,

8 and anacondas. During any bona fide educational program

9 involving boas, pythons, or anacondas, the owner or affiliated

10 agent must maintain physical possession of the snake at all

11 times if removed from a container or cage. Interiors of cages

12 or containers used during educational programs may not be

13 accessible to the public.

14 Section 15-20. Transport of boas, pythons, and anacondas.

15 During transport of any boa, python, or anaconda, the snake

16 must be kept out of sight of the public in an escape-proof

17 enclosure at all times.

18 Section 15-25. Use of boas, pythons, and anacondas at

19 reptile shows. An owner or affiliated agent must have physical

20 possession and control of any boa, python, or anaconda at all

21 times if removed from a container or cage. Uncontained boas,

22 pythons, or anacondas removed from cages for examination or

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1 onlooker interaction must be kept confined either behind or at

2 a display table. Interiors of cages or containers may not be

3 accessible to the public.

4 ARTICLE 20. CROCODILIANS

5 Section 20-5. "Crocodilians" means any species of the Order

6 Crocodilia, such as crocodiles, alligators, caimans, and

7 gavials.

8 Section 20-10. Crocodilian permit requirements. In

9 addition to the requirements listed in Articles 60 and 65 of

10 this Act, Herptile Special Use permits may be issued to

11 residents using crocodilian species only for bona fide

12 educational programs, following an inspection and approval of

13 the proposed facilities. A minimum of 6 documented programs

14 shall be required of each permittee per calendar year. Unless

15 addressed or exempted by administrative rule, annual permit

16 renewal must be accompanied by a non-refundable fee as set by

17 the Department and documented proof of educational programs

18 completed on the recipient's letterhead. The Department or the

19 Department of Agriculture reserves the right to inspect

20 permittees and facilities during reasonable hours. Additions

21 to permits must be approved prior to acquisition of additional

22 crocodilians, and any changes shall be reported to the

23 Department in writing no later than the first business day

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1 after that change occurred.

2 Section 20-15. Maintenance of crocodilians. Permittees

3 shall keep crocodilians maintained in suitable, strong, impact

4 resistant, escape-proof enclosures at all times unless being

5 used for bona fide educational programs or trips for veterinary

6 care.

7 Section 20-20. Educational programs with crocodilians.

8 During any bona fide educational program involving

9 crocodilians, the owner or affiliated agent must maintain

10 physical possession and control of the crocodilian at all times

11 if removed from a container or cage. Interiors of cages or

12 containers used during educational programs may not be

13 accessible to the public. Crocodilians removed from their cage

14 or enclosure for educational programs must have either the

15 mouth banded or taped shut or kept at a minimum of 10 feet from

16 the public and also kept out of direct contact with the public.

17 Section 20-25. Transport of crocodilians. During transport

18 of any crocodilian, it must be kept out of sight of the public

19 in an escape-proof enclosure at all times. Transport of any

20 crocodilian to any public venue, commercial establishment,

21 retail establishment, or educational institution shall only be

22 for bona fide educational programs or veterinary care.

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1 Section 20-30. Additional regulations. Crocodilians shall

2 not be bred, sold, or offered for sale within this State.

3 As determined by the Department, non-residents may apply

4 for a permit not to exceed 15 consecutive days to use

5 crocodilians in bona fide educational programs. The fee for

6 this permit shall be set by administrative rule, and all fees

7 shall be deposited into the Wildlife and Fish Fund.

8 ARTICLE 25. MONITOR LIZARDS

9 Section 25-5. "Monitor lizards" means the following

10 members of the Varanidae family, specifically crocodile

11 monitors as well as Komodo dragons.

12 Section 25-10. Monitor lizard permit requirements. In

13 addition to those requirements listed in Articles 60 and 65 of

14 this Act, Herptile Special Use permits may be issued to

15 residents using monitor lizard species only for bona fide

16 educational programs, following an inspection and approval of

17 the proposed facilities. A minimum of 6 documented programs on

18 the family Varanidae shall be required of each permittee per

19 calendar year. Unless addressed or exempted by administrative

20 rule, annual permit renewal must be accompanied by a

21 non-refundable fee as set by the Department and documented

22 proof of educational programs completed on the recipient's

23 letterhead. The Department or the Department of Agriculture

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1 reserves the right to inspect permittees and facilities during

2 reasonable hours. Additions to permits must be approved prior

3 to acquisition of additional monitor lizards, and any changes

4 shall be reported to the Department in writing no later than

5 the first business day after that change occurred.

6 Section 25-15. Maintenance of monitor lizards. Permittees

7 shall keep monitor lizards maintained in suitable, strong,

8 impact resistant, escape-proof enclosures at all times unless

9 being used for bona fide educational programs or trips for

10 veterinary care.

11 Section 25-20. Educational programs with monitor lizards.

12 During any bona fide educational program involving monitor

13 lizards, the owner or affiliated agent must maintain physical

14 possession and control of the monitor lizard at all times if

15 removed from a container or cage. Interiors of cages or

16 containers used during educational programs may not be

17 accessible to the public. Monitor lizards removed from their

18 cage or enclosure for educational programs must have either the

19 mouth banded or taped shut, or kept at a minimum of 10 feet

20 from the public and also kept out of direct contact with the

21 public.

22 Section 25-25. Transport of monitor lizards. During

23 transport of any monitor lizard, it must be kept out of sight

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1 of the public in an escape-proof enclosure at all times.

2 Transport of a monitor lizard to any public venue, commercial

3 establishment, retail establishment, or educational

4 institution shall only be for bona fide educational programs or

5 veterinary care.

6 Section 25-30. Additional regulations. Monitor lizards

7 shall not be bred, sold, or offered for sale within this State.

8 As determined by the Department, non-residents may apply

9 for a permit not to exceed 15 consecutive days to use monitor

10 lizards in bona fide educational programs. The fee for the

11 permit shall be set by administrative rule, and all fees shall

12 be deposited into the Wildlife and Fish Fund.

13 ARTICLE 30. TURTLES

14 Section 30-5. Turtles. It is unlawful to buy, sell, or

15 offer to sell, or otherwise commercialize (including, but not

16 limited to, offering as a commercial incentive, trading, or

17 otherwise use for the purpose of profit or pecuniary gain) any

18 species of aquatic or semi-aquatic turtles in the Order

19 Testudines (except for the terrestrial tortoises in the family

20 Testudinidae) with a carapace length of 4 inches or less or

21 their eggs within this State. With prior approval from the

22 Department, in its sole discretion, sales or offers for sale of

23 aquatic or semi-aquatic turtles with a carapace length of 4

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1 inches or less or their eggs may be allowed to bona fide

2 scientific or educational institutions.

3 Section 30-10. Turtle farming. Turtles shall not be

4 commercially farmed in this State.

5 ARTICLE 35. AMPHIBIANS

6 Section 35-5. "Amphibians" means those medically

7 significant poisonous amphibians capable of causing bodily

8 harm to humans or animals, including, but not limited to, cane

9 or marine toads (Bufo marinus) and Colorado river toads (Bufo

10 alvarius), or any other amphibian found to be medically

11 significant and shall only be allowed for bona fide educational

12 purposes or research purposes by exempted institutions.

13 Poison dart frogs bred and raised in captivity shall be

14 exempt from the permit process.

15 ARTICLE 40. HERPTILE SCIENTIFIC

16 COLLECTION PERMITS

17 Section 40-5. Permit issuance. Herptile Scientific

18 Collection permits may be granted by the Department, in its

19 sole discretion, to any properly accredited person at least 18

20 years of age, permitting the capture, marking, handling,

21 banding, or collecting (including hide, skin, bones, teeth,

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1 claws, nests, eggs, or young), for strictly scientific

2 purposes, of any of the herptiles not listed as endangered or

3 threatened but now protected under this Act. A Herptile

4 Scientific Collection permit may be granted to qualified

5 individuals for purpose of salvaging dead, sick, or injured

6 herptiles not listed as endangered or threatened but protected

7 by this Act for permanent donation to bona fide public or state

8 scientific, educational, or zoological institutions.

9 Collecting herptiles on public lands shall require additional

10 permits.

11 Section 40-10. Permit requirements. The criteria and

12 standards for a Herptile Scientific Collection permit shall be

13 provided by administrative rule. The Department shall set forth

14 applicable rules covering qualifications and facilities needed

15 to obtain a permit. Disposition of herptiles taken under the

16 authority of this Article shall be specified by the Department.

17 The holder of each permit shall make to the Department a report

18 in writing upon forms furnished by the Department. These

19 reports shall be made (i) annually if the permit is granted for

20 a period of one year or (ii) within 30 days after the

21 expiration of the permit if the permit is granted for a period

22 of less than one year. These reports shall include information

23 that the Department considers necessary.

24 ARTICLE 45. HERPTILE SCIENTIFIC

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1 COLLECTION PERMIT APPLICATION AND FEES

2 Section 40-5. Permit application and fees. An applicant for

3 a Herptile Scientific Collection permit must file an

4 application with the Department on a form provided by the

5 Department. The application must include all information and

6 requirements as set by administrative rule. The application for

7 these permits shall be reviewed by the Department to determine

8 if a permit should be issued.

9 Unless addressed or exempted by administrative rule,

10 annual permit renewal must be accompanied by non-refundable fee

11 as set by the Department. The annual fee for a Herptile

12 Scientific Collection permit shall be set by administrative

13 rule. The Department shall adopt, by administrative rule, any

14 additional procedures for the renewal of a Herptile Scientific

15 Collection permit. All fees shall be deposited into the Fish

16 and Wildlife Fund.

17 ARTICLE 50. HERPETOCULTURE PERMITS

18 Section 50-5. Permit issuance. Any person or business who

19 engages in the breeding, hatching, propagation, sale, or offer

20 for sale of any indigenous herptile, regardless of origin,

21 shall procure a permit from the Department. Herptiles

22 specified, which are bred, hatched, propagated, or legally

23 obtained by a person or business holding a permit as provided

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1 for in this Article, may be transported and sold or offered for

2 sale within this State.

3 Section 50-10. Permit requirements. Herpetoculture permit

4 holders shall maintain written records of all herptiles

5 indigenous to this State bought, sold, hatched, propagated,

6 sold, or shipped for a minimum of 2 years after the date of the

7 transaction and shall be made immediately available to

8 authorized employees of the Department upon request. These

9 records shall include the name and address of the buyer and

10 seller, the appropriate permit number of the buyer and seller,

11 the date of the transaction, the species name (both common and

12 scientific), and the origin of herptile involved. Records of

13 the annual operations, as may be required by the Department,

14 shall be forwarded to the Department upon request.

15 The criteria and standards for a Herpetoculture permit

16 shall be provided by administrative rule. The Department shall

17 set forth applicable rules, including a list of herptiles

18 indigenous to this State.

19 ARTICLE 55. HERPETOCULTURE

20 PERMIT APPLICATION AND FEES

21 Section 55-5. Permit application and fees. An applicant

22 for a Herpetoculture permit must file an application with the

23 Department on a form provided by the Department. The

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1 application must include all information and requirements as

2 set forth by administrative rule. The application for these

3 permits shall be reviewed by the Department to determine if a

4 permit should be issued.

5 Unless addressed or exempted by administrative rule,

6 annual permit renewal must be accompanied by a non-refundable

7 fee as set by the Department. The annual fee for a residential

8 Herpetoculture permit shall be set by administrative rule. The

9 Department shall adopt, by administrative rule, any additional

10 procedures for the renewal of a Herpetoculture permit. All fees

11 shall be deposited into the Wildlife and Fish Fund.

12 As determined by the Department, non-residents may apply

13 for a permit not to exceed 15 consecutive days to commercialize

14 herptiles indigenous to this State as outlined in this Article.

15 The fee for the permit shall be set by administrative rule, and

16 all fees shall be deposited into the Wildlife and Fish Fund.

17 The Department shall adopt, by administrative rule,

18 additional procedures for the renewal of annual Herpetoculture

19 permits.

20 Section 55-10. Additional regulations. Nothing in

21 Articles 50 and 55 shall be construed to give permittees

22 authority to breed, hatch, propagate, sell, offer for sale, or

23 otherwise commercialize any herptile or parts thereof from

24 herptiles indigenous to this State, either partially or in

25 whole, that originate from the wild in this State.

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1 Any offspring resulting from the breeding of herptiles

2 where one parent has been taken from the wild in this State and

3 the other parent from non-Illinois stock or captive bred stock

4 may not be legally sold or otherwise commercialized and shall

5 be treated as indigenous or native Illinois herp taxa subject

6 to Article 5 of this Act.

7 Color or pattern variations (morphs) of any herptile

8 indigenous to this State are not exempt from this Article.

9 Due to the similarity of appearance (S/A) of certain

10 intergrade or hybrid specimens, the Department retains the

11 authority to enforce any and all provisions under this Act.

12 Specimens determined by the Department, or its agents, to fit

13 into this S/A category shall receive all benefits of this Act,

14 as well as the Illinois Endangered Species Protection Act if

15 applicable.

16 ARTICLE 60. HERPTILE SPECIAL

17 USE PERMIT REQUIREMENTS

18 Section 60-5. Permit requirements. Prior to any person

19 obtaining a Herptile Special Use permit, the following criteria

20 must be met:

21 (1) the person was in legal possession and is the legal

22 possessor of the herptile prior to the effective date of

23 this Act and the person applies for and is granted a

24 Personal Possession permit for each special use herptile in

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1 the person's possession within 30 days after the enactment

2 of this Act; or

3 (2) prior to acquiring a Herptile Special Use permit,

4 the person must provide the name, address, date of birth,

5 permit number, telephone number of the possessor, type or

6 species, and the date the herptile is to be acquired.

7 The applicant must comply with all requirements of this Act

8 and the rules adopted by the Department to obtain a Herptile

9 Special Use permit. Prior to the issuance of the Herptile

10 Special Use permit, the applicant must provide proof of

11 liability insurance or surety bond, either individually, or in

12 the name of the entity giving the bona fide educational

13 programs, in the amount of $100,000 for each special use

14 herptile up to a maximum of $1,000,000 and the insurance or

15 surety bond is to be maintained during the term of the permit

16 for liability for any incident arising out of or relating to

17 the special use herptile.

18 ARTICLE 65. HERPTILE SPECIAL USE

19 PERMIT APPLICATION AND FEES

20 Section 65-5. Permit application and fees. An applicant for

21 a Herptile Special Use permit must file an application with the

22 Department on a form provided by the Department. The

23 application must include all information and requirements as

24 set forth by administrative rule.

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1 The annual fee for a residential Herptile Special Use

2 permit shall be set by administrative rule on a per person

3 basis. The Herptile Special Use permit shall not be based on

4 the number of special use herptile kept by an owner or

5 possessor. All fees shall be deposited into the Wildlife and

6 Fish Fund.

7 The Department shall adopt, by administrative rule,

8 procedures for the renewal of annual Herptile Special Use

9 permits.

10 Any person possessing and in legal possession of a special

11 use herptile as stipulated in this Article that no longer

12 wishes to keep the herptile may be assisted by the Department,

13 at no charge to them and without prosecution, to place the

14 special use herptile in a new home, within 30 days after the

15 effective date of this Act.

16 The Department may issue a Limited Entry permit to an

17 applicant who: (i) is not a resident of this State; (ii)

18 complies with the requirements of this Act and all rules

19 adopted by the Department under the authority of this Act;

20 (iii) provides proof to the Department that he or she shall,

21 during the permit term, maintain sufficient liability

22 insurance coverage; (iv) pays to the Department, along with

23 each application for a Limited Entry permit, a non-refundable

24 fee as set by administrative rule, which the Department shall

25 deposit into the Wildlife and Fish Fund; and (v) uses the

26 herptile for an activity authorized in the Limited Entry

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1 permit. A Limited Entry permit shall be valid for not more than

2 30 consecutive days unless extended by the Department, however,

3 no extension shall be longer than 15 days.

4 ARTICLE 70. SUSPENSION OF

5 PRIVILEGES AND REVOCATION OF

6 HERPTILE SPECIAL USE PERMITS

7 Section 70-5. Suspension of privileges and revocation of

8 permits. A person who does not hold a Herptile Special Use

9 permit or Limited Entry permit and who violates a provision of

10 this Act or an administrative rule authorized under this Act

11 shall have his or her privileges under this Act suspended for

12 up to 5 years after the date that he or she is in violation of

13 an initial offense, for up to 10 years after the date that he

14 or she is in violation of a second offense, and for life for a

15 third or subsequent offense. Department suspensions and

16 revocations shall be addressed by administrative rule.

17 A person who holds a Herptile Special Use permit or Limited

18 Entry permit and who violates the provisions of this Act shall

19 have his or her permit revoked and permit privileges under this

20 Act suspended for a period of up to 2 years after the date that

21 he or she is found guilty of an initial offense, for up to 10

22 years after the date that he or she is found guilty of a second

23 offense, and for life for a third offense. Department

24 suspensions and revocations shall be addressed by

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1 administrative rule.

2 A person whose privileges to possess a special use herptile

3 have been suspended or permit revoked may appeal that decision

4 in accordance with the provisions set forth in administrative

5 rule.

6 ARTICLE 75. RECORD KEEPING REQUIREMENTS

7 OF SPECIAL USE HERPTILES

8 Section 75-5. Record keeping requirements. A person who

9 possesses a special use herptile must maintain records

10 pertaining to the acquisition, possession, and disposition of

11 the special use herptile as provided by administrative rule.

12 These records shall be maintained for a minimum of 2 years

13 after the date the special use herptile is no longer in

14 possession of the permit holder. All records are subject to

15 inspection by authorized law enforcement officers. In addition

16 to maintaining records, all special use herptiles must be

17 either pit-tagged or microchipped to individually identify

18 them and the pit-tag or microchip numbers are also to be

19 maintained as other pertinent records, unless otherwise

20 provided by administrative rule.

21 ARTICLE 80. INJURY TO A

22 MEMBER OF PUBLIC BY

23 SPECIAL USE HERPTILES

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1 Section 80-5. Injury to a member of public by special use

2 herptiles. A person who possesses a special use herptile

3 without complying with the requirements of this Act and the

4 rules adopted under the authority of this Act and whose special

5 use herptile harms a person when the possessor knew or should

6 have known that the herptile had a propensity, when provoked or

7 unprovoked, to harm, cause injury to, or otherwise

8 substantially endanger a member of the public is guilty of a

9 Class A misdemeanor. A person who fails to comply with the

10 provisions of this Act and the rules adopted under the

11 authority of this Act and who intentionally or knowingly allow

12 a special use herptile to cause great bodily harm to, or the

13 death of, a human is guilty of a Class 4 felony.

14 ARTICLE 85. PROHIBITED ACTS WITH

15 SPECIAL USE HERPTILES

16 Section 85-5. Prohibited acts. Except as otherwise

17 provided in this Act or by administrative rule, a person shall

18 not own, possess, keep, import, transfer, harbor, bring into

19 this State, breed, propagate, buy, sell, or offer to sell, or

20 have in his or her custody or control a special use herptile.

21 A person shall not release any special use herptile into

22 the wild at any time unless authorized by the Director in

23 writing. The possessor of a special use herptile must

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1 immediately contact the animal control authority or law

2 enforcement agency of the municipality or county where the

3 possessor resides if a special use herptile escapes or is

4 released.

5 The possessor of a special use herptile shall not keep,

6 harbor, care for, transport, act as the custodian of, or

7 maintain in his or her possession the special use herptile in

8 anything other than an escape-proof enclosure.

9 The possessor of a special use herptile shall not transport

10 the special use herptile to or possess the special use herptile

11 at a public venue, commercial establishment, retail

12 establishment, or educational institution unless specifically

13 authorized by permit or required to render veterinary care to

14 the special use herptile.

15 The possessor of a special use herptile, at all reasonable

16 times, shall not deny the Department or its designated agents

17 and officers access to premises where the possessor keeps a

18 special use herptile to ensure compliance with this Act.

19 Except as otherwise provided in this Act or by

20 administrative rule, a person shall not buy, sell, or barter,

21 or offer to buy, sell, or barter a special use herptile.

22 ARTICLE 90. PENALTIES

23 Section 90-5. Penalties. A person who violates Article 85

24 of this Act is guilty of a Class A misdemeanor for a first

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1 offense and a Class 4 felony for a second or subsequent offense

2 occurring within one year after a finding of guilt on a first

3 offense. A person who violates Article 75 of this Act is guilty

4 of a Class B misdemeanor. Each day of a violation constitutes a

5 separate offense. Any other violation of this Act is a Class A

6 misdemeanor unless otherwise stated.

7 All fines and penalties collected under the authority of

8 this Act or its administrative rules shall be deposited into

9 the Wildlife and Fish Fund.

10 ARTICLE 95. CIVIL

11 LIABILITY AND IMMUNITY

12 Section 95-5. Assumption of risk. Each person who owns,

13 possesses, or keeps a herptile expressly assumes the risk of

14 and legal responsibility for injury, loss, or damage to the

15 person or the person's property that results from the

16 ownership, possession, or keeping, of the herptile. Each owner,

17 keeper, or possessor of a herptile shall be solely liable to

18 manage, care for, and control a particular species, and it

19 shall be the duty of each owner, keeper, or possessor, to

20 maintain reasonable control of the particular herptile at all

21 times, and to refrain from acting in a manner that may cause or

22 contribute to the injury of person, whether in public or on

23 private property.

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1 Section 95-10. Civil liability and immunity. If any

2 herptile escapes or is released, the owner and possessor of the

3 herptile shall be strictly liable for all costs incurred in

4 apprehending and confining the herptile, including any

5 injuries incurred to humans or damage to property, both real

6 and personal, including pets and livestock, and the owner shall

7 indemnify any animal control officer, police officer, or

8 Department employee acting in his or her official capacity to

9 capture or control an escaped herptile.

10 The owner, keeper, or possessor of an escaped herptile

11 shall be solely responsible for any and all liabilities arising

12 out of or in connection with the escape or release of any

13 herptile including liability for any damage, injury, or death

14 caused by or to the herptile during or after the herptile's

15 escape or release or as a result of the apprehension or

16 confinement of the herptile after its escape or release. In

17 addition, the owner, keeper, or possessor of an escaped

18 herptile shall be solely responsible for any and all costs

19 incurred by an animal control officer, police officer, or

20 Department employee acting in his or her official capacity to

21 capture or control an escaped herptile.

22 A licensed veterinarian who may have cause to treat a

23 special use herptile that is in violation of this Act shall not

24 be held liable, except for willful and wanton misconduct, under

25 this Act provided that the veterinarian (i) promptly reports

26 violations of this Act of which he or she has knowledge to a

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1 law enforcement agency within 24 hours after becoming aware of

2 the incident; (ii) provides the name, address, and phone number

3 of the person possessing the special use herptile at time of

4 incident or treatment; (iii) provides the name and address of

5 the owner of the special use herptile if known; (iv) identifies

6 the kind and number of special use herptiles being treated; and

7 (v) describes the reason for the treatment of the special use

8 herptile.

9 ARTICLE 100. SEIZURE AND FORFEITURE

10 Section 100-5. Prima facie evidence; confiscation. The

11 possession of any reptile or amphibian life or any part of

12 reptile or amphibian life protected under this Act is prima

13 facie evidence that the reptile or amphibian life or any part

14 of reptile or amphibian life is subject to the provisions of

15 this Act, including administrative rules.

16 Whenever the contents of any box, barrel, package, or

17 receptacle consists partly of contraband and partly of legal

18 reptile or amphibian life or any part of reptile or amphibian

19 life, the entire contents of the box, barrel, or package, or

20 other receptacle are subject to confiscation.

21 Whenever a person has in his or her possession in excess of

22 the number of reptile or amphibian life or any parts of reptile

23 or amphibian life permitted under this Act, including

24 administrative rules, the entire number of reptile or amphibian

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1 life or any parts of reptile or amphibian life in his or her

2 possession is subject to confiscation.

3 Section 100-10. Search and seizure. Whenever any

4 authorized employee of the Department, sheriff, deputy

5 sheriff, or other peace office of the State has reason to

6 believe that any person, owner, possessor, commercial

7 institution, pet store, or reptile show vendor or attendee

8 possesses any reptile or amphibian life or any part of reptile

9 or amphibian life contrary to the provisions of this Act,

10 including administrative rules, he or she may file, or cause to

11 be filed, a sworn complaint to that effect before the circuit

12 court and procure and execute a search warrant. Upon execution

13 of the search warrant, the officer executing the search warrant

14 shall make due return of the search warrant to the court

15 issuing the search warrant, together with an inventory of all

16 the reptile or amphibian life or any part of reptile or

17 amphibian life taken under the search warrant. The court shall

18 then issue process against the party owning, controlling, or

19 transporting the reptile or amphibian life or any part of

20 reptile or amphibian life seized, and upon its return shall

21 proceed to determine whether or not the reptile or amphibian

22 life or any part of reptile or amphibian life was held,

23 possessed, or transported in violation of this Act, including

24 administrative rules. In case of a finding that the reptile or

25 amphibian life was illegally held, possessed, transported, or

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1 sold, a judgment shall be entered against the owner or party

2 found in possession of the reptile or amphibian life or any

3 part of reptile or amphibian life for the costs of the

4 proceeding and providing for the disposition of the property

5 seized, as provided for by this Act.

6 ARTICLE 105. GENERAL PROVISIONS

7 Section 105-5. Administrative rules. The Department is

8 authorized to adopt administrative rules for carrying out,

9 administering, and enforcing the provisions of this Act. The

10 administrative rules shall be adopted in accordance with the

11 Illinois Administrative Procedure Act.

12 Rules, after becoming effective, shall be enforced in the

13 same manner as other provisions of this Act. It is unlawful for

14 any person to violate any provision of any administrative rule

15 adopted by the Department. Violators of administrative rules

16 are subject to the penalties in this Act.

17 Section 105-10. Conservation of reptiles and amphibians.

18 The Department shall take all measures necessary for the

19 conservation, distribution, introduction, and restoration of

20 reptiles and amphibians. The Department shall also bring or

21 cause to be brought actions and proceedings, in the name and by

22 the authority of the People of the State of Illinois, to

23 enforce this Act, including administrative rules, and to

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1 recover any and all fines and penalties provided for in this

2 Act. Nothing in this Act shall be construed to authorize the

3 Department to change any penalty prescribed by law or to change

4 the amount of license fees or the authority conferred by

5 licenses prescribed by law. The Department is authorized to

6 cooperate with the appropriate Departments of the federal

7 government and other Departments or agencies of State

8 government and educational institutions in conducting surveys,

9 experiments, or work of joint interest or benefit.

10 Section 105-15. Peace officers. All employees of the

11 Department authorized by the Director shall have the power of,

12 and shall be, peace officers in the enforcement of this Act,

13 including administrative rules, and may carry weapons as may be

14 necessary in the performance of his or her duties.

15 Section 105-20. Arrests; warrants. All authorized

16 employees of the Department and all sheriffs, deputy sheriffs,

17 and other police officers shall arrest any person detected in

18 violation of any of the provisions of this Act, including

19 administrative rules. Any duly accredited officer of the

20 federal Fish and Wildlife Service and U.S. Forest Service may

21 arrest any person detected in violation of any of the

22 provisions of this Act, including administrative rules.

23 All officers shall make prompt investigation of any

24 violation of this Act, including administrative rules,

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1 reported by any other persons and shall cause a complaint to be

2 filed when there seems just ground for a complaint and evidence

3 procurable to support the complaint.

4 Upon the filing of a complaint, the officers shall render

5 assistance in the prosecution of the party against whom the

6 complaint is made.

7 Peace officers, other than employees of the Department,

8 making arrests and serving warrants provided for by this Act

9 shall receive the fees and mileage as provided for by law for

10 sheriffs.

11 Each duly accredited officer and authorized employee of the

12 Department is empowered to execute and serve all warrants and

13 processes issued by the circuit court.

14 Section 105-25. Prosecutions; State's Attorneys. All

15 prosecutions shall be brought in the name and by the authority

16 of the People of the State of Illinois before the circuit court

17 for the county where the offense was committed.

18 All State's Attorneys shall enforce the provisions of this

19 Act, including administrative rules, in his or her respective

20 county and shall prosecute all persons charged with violating

21 its provisions when requested by the Department.

22 Section 105-30. Statute of limitations. All prosecutions

23 under this Act shall be commenced within 2 years after the time

24 the offense charged was committed.

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1 Section 105-35. Collection of fines. All fines provided for

2 by this Act shall be collected and remitted to the Department's

3 Wildlife and Fish Fund, within 30 days after the collection of

4 the fine, by the clerk of the circuit court collecting the

5 fines who shall submit at the same time to the Department a

6 statement of the names of the persons so fined and the name of

7 the arresting officer, the offense committed, the amount of the

8 fine, and the date of the conviction.

9 Section 105-40. Power of entry and examination; access to

10 lands and waters. Authorized employees of the Department are

11 empowered, under law, to enter all lands and waters to enforce

12 this Act. Authorized employees are further empowered to examine

13 all buildings, private or public clubs (except dwellings), fish

14 markets, reptile shows, pet stores, camps, vessels, cars

15 (except sealed railroad cars or other sealed common carriers),

16 conveyances, vehicles, watercraft, or any other means of

17 transportation or shipping, tents, bags, pillow cases, coats,

18 jackets, or other receptacles and to open any box, barrel,

19 package, or other receptacle in the possession of a common

20 carrier, that they have reason to believe contains reptile or

21 amphibian life or any part of reptile or amphibian life taken,

22 bought, sold or bartered, shipped, or had in possession

23 contrary to this Act, including administrative rules, or that

24 the receptacle containing the reptile or amphibian is falsely

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1 labeled.

2 Authorized employees of the Department shall be given free

3 access to and shall not be hindered or interfered with in

4 making an entry and examination. Any permit or license held by

5 a person preventing free access or interfering with or

6 hindering an employee shall not be issued to that person for

7 the period of one year after his or her action.

8 Employees of the Department, as specifically authorized by

9 the Director, are empowered to enter all lands and waters for

10 the purpose of reptile or amphibian investigations, State and

11 federal permit inspections, as well as reptile or amphibian

12 censuses or inventories, and are further empowered to conduct

13 examination of equipment and devices in the field, under law,

14 to ensure compliance with this Act.

15 Section 105-45. Obstructing an officer. It shall be

16 unlawful for any person to resist or obstruct any officer or

17 employee of the Department in the discharge of his or her

18 duties under this Act. Any person who violates this provision

19 is guilty of a Class A misdemeanor.

20 Section 105-50. Posing as an officer or employee. It shall

21 be unlawful for any person to represent himself or herself

22 falsely to be an officer or employee of the Department or to

23 assume to act as an officer or employee of the Department

24 without having been duly appointed and employed. Any person who

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1 violates this provision is guilty of a Class A misdemeanor.

2 Section 105-55. Illegal collecting devices; public

3 nuisance. Every collecting device, including seines, nets,

4 traps, pillow cases, bags, snake hooks or tongs, or any

5 electrical device or any other devices including vehicles or

6 conveyance, watercraft, or aircraft used or operated illegally

7 or attempted to be used or operated illegally by any person in

8 taking, transporting, holding, or conveying any reptile or

9 amphibian life or any part of reptile or amphibian life,

10 contrary to this Act, including administrative rules, shall be

11 deemed a public nuisance and therefore illegal and subject to

12 seizure and confiscation by any authorized employee of the

13 Department. Upon the seizure of this item, the Department shall

14 take and hold the item until disposed of as provided in this

15 Act.

16 Upon the seizure of any device because of its illegal use,

17 the officer or authorized employee of the Department making the

18 seizure shall, as soon as reasonably possible, cause a

19 complaint to be filed before the circuit court and a summons to

20 be issued requiring the owner or person in possession of the

21 property to appear in court and show cause why the device

22 seized should not be forfeited to the State. Upon the return of

23 the summons duly served or upon posting or publication of

24 notice as provided in this Act, the court shall proceed to

25 determine the question of the illegality of the use of the

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1 seized property. Upon judgment being entered that the property

2 was illegally used, an order shall be entered providing for the

3 forfeiture of the seized property to the State. The owner of

4 the property may have a jury determine the illegality of its

5 use and shall have the right of an appeal as in other civil

6 cases. Confiscation or forfeiture shall not preclude or

7 mitigate against prosecution and assessment of penalties

8 provided in Article 90 of this Act.

9 Upon seizure of any property under circumstances

10 supporting a reasonable belief that the property was abandoned,

11 lost, stolen, or otherwise illegally possessed or used contrary

12 to this Act, except property seized during a search or arrest,

13 and ultimately returned, destroyed, or otherwise disposed of

14 under order of a court in accordance with this Act, the

15 authorized employee of the Department shall make reasonable

16 inquiry and efforts to identify and notify the owner or other

17 person entitled to possession of the property and shall return

18 the property after the person provides reasonable and

19 satisfactory proof of his or her ownership or right to

20 possession and reimburses the Department for all reasonable

21 expenses of custody. If the identity or location of the owner

22 or other person entitled to possession of the property has not

23 been ascertained within 6 months after the Department obtains

24 possession, the Department shall effectuate the sale of the

25 property for cash to the highest bidder at a public auction.

26 The owner or other person entitled to possession of the

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1 property may claim and recover possession of the property at

2 any time before its sale at public auction upon providing

3 reasonable and satisfactory proof of ownership or right of

4 possession and reimbursing the Department for all reasonable

5 expenses of custody.

6 Any property forfeited to the State by court order under

7 this Section may be disposed of by public auction, except that

8 any property that is the subject of a court order shall not be

9 disposed of pending appeal of the order. The proceeds of the

10 sales at auction shall be deposited in the Wildlife and Fish

11 Fund.

12 The Department shall pay all costs of posting or

13 publication of notices required by this Section.

14 Section 105-60. Violations; separate offenses. Each act of

15 pursuing, taking, shipping, offered or received for shipping,

16 offering or receiving for shipment, transporting, buying,

17 selling or bartering, or having in one's possession any

18 protected reptile or amphibian life or any part of reptile or

19 amphibian life, seines, nets, bags, snake hooks or tongs, or

20 other devices used or to be used in violation of this Act,

21 including administrative rules, constitutes a separate

22 offense.

23 Section 105-65. Accessory to violation. Any person who aids

24 in or contributes in any way to a violation of this Act,

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1 including administrative rules, is individually liable, as a

2 separate offense under this Act, for the penalties imposed

3 against the person who committed the violation.

4 Section 105-70. Permit fraudulently obtained. No person

5 shall at any time:

6 (1) falsify, alter, or change in any manner, or provide

7 deceptive or false information required for any permit issued

8 under the provisions of this Act;

9 (2) falsify any record required by this Act;

10 (3) counterfeit any form of permit provided for by this

11 Act;

12 (4) loan or transfer to another person any permit issued

13 under this Act; or

14 (5) use any permit issued to another person under this Act.

15 It is unlawful to possess any permit issued under the

16 provisions of this Act that was fraudulently obtained or which

17 the person or permittee knew, or should have known, was

18 falsified, altered, changed in any manner, or fraudulently

19 obtained.

20 The Department shall revoke all permits and suspend all

21 privileges under this Act of any person violating this Section

22 for a period of not less than 3 years. The procedures for

23 suspension under this Section shall be as provided for in

24 administrative rule. Anyone who violates a provision of this

25 Section shall be guilty of a Class A misdemeanor.

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1 Section 105-75. Wildlife and Fish Fund; disposition of

2 money received. All fees, fines, income of whatever kind or

3 nature derived from reptile and amphibian activities regulated

4 by this Act on lands, waters, or both under the jurisdiction or

5 control of the Department and all penalties collected under

6 this Act shall be deposited into the State Treasury and shall

7 be set apart in a special fund known as the Wildlife and Fish

8 Fund.

9 Section 105-80. Ownership and title of wild indigenous

10 reptiles and amphibians. The ownership of and title to all wild

11 indigenous reptile and amphibian life within the boundaries of

12 the State are hereby declared to be in the State and no wild

13 indigenous reptile and amphibian life shall be taken or killed,

14 in any manner or at any time, unless the person or persons

15 taking or killing the wild indigenous reptile and amphibian

16 life shall consent that the title to the wild indigenous

17 reptile and amphibian life shall be and remain in the State for

18 the purpose of regulating the taking, killing, possession, use,

19 sale, and transportation of wild indigenous reptile and

20 amphibian life after taking or killing, as set forth in this

21 Act.

22 Section 105-85. Application. This Act shall apply to

23 reptile and amphibian life or any part of reptile and amphibian

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1 life (i) in or from any of the waters or lands wholly within

2 the boundaries of the State or over which the State has

3 concurrent jurisdiction with any other state or (ii) which may

4 be possessed in or brought into the State.

5 Section 105-90. Taking on private property. It is unlawful

6 for any person to take or attempt to take any species of

7 reptile or amphibian, or parts thereof, within or upon the land

8 of another, or upon waters flowing over or standing on the land

9 of another, without first obtaining permission from the owner

10 or the owner's designee. For the purposes of this Section, the

11 owner's designee means anyone who the owner designates in a

12 written authorization and the authorization must contain (i)

13 the legal or common description of property for which the

14 authority is given, (ii) the extent that the owner's designee

15 is authorized to make decisions regarding who is allowed to

16 take or attempt to take any species of reptiles or amphibians,

17 or parts thereof, and (iii) the owner's notarized signature.

18 Before enforcing this Section, the law enforcement officer must

19 have received notice from the owner or the owner's designee of

20 a violation of this Section. Statements made to a law

21 enforcement officer regarding this notice shall not be rendered

22 inadmissible by the hearsay rule when offered for the purpose

23 of showing the required notice. Any person who violates this

24 Section shall be guilty of a Class B misdemeanor.

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1 Section 105-95. Financial value of herptiles.

2 (a) For purposes of this Section, the financial value of

3 all reptiles and amphibians described under this Act taken,

4 possessed, or used in violation of this Act, whether in whole

5 or in part, is as follows:

6 (1) for processed turtle parts, $8 for each pound or

7 fraction of a pound; for each non-processed turtle, $15 per

8 whole turtle or fair market value, whichever is greater;

9 (2) for frogs, toads, salamanders, lizards, and

10 snakes, $5 per herptile or fair market value, whichever is

11 greater, in whole or in part, unless specified as a special

12 use herptile;

13 (3) for any special use herptile, the value shall be no

14 less than $250 per special use herptile or fair market

15 value, whichever is greater; and

16 (4) any person who, for profit or commercial purposes,

17 knowingly captures or kills, possesses, offers for sale,

18 sells, offers to barter, barters, offers to purchase,

19 purchases, delivers for shipment, ships, exports, imports,

20 causes to be shipped, exported, or imported, delivers for

21 transportation, transports, or causes to be transported,

22 carriers or causes to be carried, or receives for shipment,

23 transportation, carriage, or export any reptile or

24 amphibian life, in part or in whole, of any of the reptiles

25 and amphibians protected by this Act, and that reptile or

26 amphibian life, in whole or in part, is valued at or in

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1 excess of a total of $300 or fair market value, whichever

2 is greater, as per value specified in paragraphs (1), (2),

3 and (3) of this subsection commits a Class 3 felony.

4 (b) The trier of fact may infer that a person "knowingly

5 possesses" a reptile or amphibian, in whole or in part,

6 captured or killed in violation of this Act, valued at or in

7 excess of $600, as per value specified in paragraphs (1), (2),

8 and (3) of subsection (a) of this Section.

9 Section 105-100. Home rule. A municipality or county may

10 adopt an ordinance governing amphibian and reptile species that

11 is more restrictive than this Act.

12 ARTICLE 110. EXEMPTIONS

13 Section 110-5. Exemptions. When acting in their official

14 capacity, the following entities and their agents are exempt

15 from Articles 75 and 85 of this Act:

16 (1) public zoos or aquaria accredited by the

17 Association of Zoos and Aquariums;

18 (2) licensed veterinarians or anyone operating under

19 the authority of a licensed veterinarian;

20 (3) wildlife sanctuaries;

21 (4) accredited research or medical institutions;

22 (5) licensed or accredited educational institutions;

23 (6) circuses licensed and in compliance with the Animal

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1 Welfare Act and all rules adopted by the Department of

2 Agriculture;

3 (7) federal, State, and local law enforcement

4 officers, including animal control officers acting under

5 the authority of this Act;

6 (8) members of federal, State, or local agencies

7 approved by the Department;

8 (9) any bona fide wildlife rehabilitation facility

9 licensed or otherwise authorized by the 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 U.S.C.

13 2132.

14 Section 110-10. The Criminal Code of 2012 is amended by

15 changing Section 48-10 as follows:

16 (720 ILCS 5/48-10)

17 Sec. 48-10. Dangerous animals.

18 (a) Definitions. As used in this Section, unless the

19 context otherwise requires:

20 "Dangerous animal" means a lion, tiger, leopard,

21 ocelot, jaguar, cheetah, margay, mountain lion, lynx,

22 bobcat, jaguarundi, bear, hyena, wolf or coyote~~, or any~~

23 ~~poisonous or life-threatening reptile~~. Dangerous animal

24 does not mean any herptiles that are found in the

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1 Herptiles-Herps Act of 2013.

2 "Owner" means any person who (1) has a right of

3 property in a dangerous animal or primate, (2) keeps or

4 harbors a dangerous animal or primate, (3) has a dangerous

5 animal or primate in his or her care, or (4) acts as

6 custodian of a dangerous animal or primate.

7 "Person" means any individual, firm, association,

8 partnership, corporation, or other legal entity, any

9 public or private institution, the State, or any municipal

10 corporation or political subdivision of the State.

11 "Primate" means a nonhuman member of the order primate,

12 including but not limited to chimpanzee, gorilla,

13 orangutan, bonobo, gibbon, monkey, lemur, loris, aye-aye,

14 and tarsier.

15 (b) Dangerous animal or primate offense. No person shall

16 have a right of property in, keep, harbor, care for, act as

17 custodian of or maintain in his or her possession any dangerous

18 animal or primate except at a properly maintained zoological

19 park, federally licensed exhibit, circus, college or

20 university, scientific institution, research laboratory,

21 veterinary hospital, hound running area, or animal refuge in an

22 escape-proof enclosure.

23 (c) Exemptions.

24 (1) This Section does not prohibit a person who had

25 lawful possession of a primate before January 1, 2011, from

26 continuing to possess that primate if the person registers

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1 the animal by providing written notification to the local

2 animal control administrator on or before April 1, 2011.

3 The notification shall include:

4 (A) the person's name, address, and telephone

5 number; and

6 (B) the type of primate, the age, a photograph, a

7 description of any tattoo, microchip, or other

8 identifying information, and a list of current

9 inoculations.

10 (2) This Section does not prohibit a person who is

11 permanently disabled with a severe mobility impairment

12 from possessing a single capuchin monkey to assist the

13 person in performing daily tasks if:

14 (A) the capuchin monkey was obtained from and

15 trained at a licensed nonprofit organization described

16 in Section 501(c)(3) of the Internal Revenue Code of

17 1986, the nonprofit tax status of which was obtained on

18 the basis of a mission to improve the quality of life

19 of severely mobility-impaired individuals; and

20 (B) the person complies with the notification

21 requirements as described in paragraph (1) of this

22 subsection (c).

23 (d) A person who registers a primate shall notify the local

24 animal control administrator within 30 days of a change of

25 address. If the person moves to another locality within the

26 State, the person shall register the primate with the new local

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1 animal control administrator within 30 days of moving by

2 providing written notification as provided in paragraph (1) of

3 subsection (c) and shall include proof of the prior

4 registration.

5 (e) A person who registers a primate shall notify the local

6 animal control administrator immediately if the primate dies,

7 escapes, or bites, scratches, or injures a person.

8 (f) It is no defense to a violation of subsection (b) that

9 the person violating subsection (b) has attempted to

10 domesticate the dangerous animal. If there appears to be

11 imminent danger to the public, any dangerous animal found not

12 in compliance with the provisions of this Section shall be

13 subject to seizure and may immediately be placed in an approved

14 facility. Upon the conviction of a person for a violation of

15 subsection (b), the animal with regard to which the conviction

16 was obtained shall be confiscated and placed in an approved

17 facility, with the owner responsible for all costs connected

18 with the seizure and confiscation of the animal. Approved

19 facilities include, but are not limited to, a zoological park,

20 federally licensed exhibit, humane society, veterinary

21 hospital or animal refuge.

22 (g) Sentence. Any person violating this Section is guilty

23 of a Class C misdemeanor. Any corporation or partnership, any

24 officer, director, manager or managerial agent of the

25 partnership or corporation who violates this Section or causes

26 the partnership or corporation to violate this Section is

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1 guilty of a Class C misdemeanor. Each day of violation

2 constitutes a separate offense.

3 (Source: P.A. 97-1108, eff. 1-1-13.)

4 Section 110-15. The Fish and Aquatic Life Code is amended

5 by changing Sections 1-20, 5-25, 10-30, 10-35, 10-60, 10-65,

6 and 10-115 as follows:

7 (515 ILCS 5/1-20) (from Ch. 56, par. 1-20)

8 Sec. 1-20. Aquatic life. "Aquatic life" means all fish,

9 ~~reptiles, amphibians,~~ crayfish, and mussels. For the purposes

10 of Section 20-90, the definition of "aquatic life" shall

11 include, but is not limited to, all fish,~~reptiles, amphibians,~~

12 mollusks, crustaceans, algae or other aquatic plants, and

13 invertebrates. Aquatic life does not mean any herptiles that

14 are found in the Herptiles-Herps Act of 2013.

15 (Source: P.A. 89-66, eff. 1-1-96.)

16 (515 ILCS 5/5-25) (from Ch. 56, par. 5-25)

17 Sec. 5-25. Value of protected species; violations.

18 (a) Any person who, for profit or commercial purposes,

19 knowingly captures or kills, possesses, offers for sale, sells,

20 offers to barter, barters, offers to purchase, purchases,

21 delivers for shipment, ships, exports, imports, causes to be

22 shipped, exported, or imported, delivers for transportation,

23 transports or causes to be transported, carries or causes to be

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1 carried, or receives for shipment, transportation, carriage,

2 or export any aquatic life, in part or in whole of any of the

3 species protected by this Code, contrary to the provisions of

4 the Code, and that aquatic life, in whole or in part, is valued

5 at or in excess of a total of $300, as per species value

6 specified in subsection (c) of this Section, commits a Class 3

7 felony.

8 A person is guilty of a Class 4 felony if convicted under

9 this Section for more than one violation within a 90-day period

10 if the aquatic life involved in each violation are not valued

11 at or in excess of $300 but the total value of the aquatic life

12 involved with the multiple violations is at or in excess of

13 $300. The prosecution for a Class 4 felony for these multiple

14 violations must be alleged in a single charge or indictment and

15 brought in a single prosecution.

16 Any person who violates this subsection (a) when the total

17 value of species is less than $300 commits a Class A

18 misdemeanor except as otherwise provided.

19 (b) Possession of aquatic life, in whole or in part,

20 captured or killed in violation of this Code, valued at or in

21 excess of $600, as per species value specified in subsection

22 (c) of this Section, shall be considered prima facie evidence

23 of possession for profit or commercial purposes.

24 (c) For purposes of this Section, the fair market value or

25 replacement cost, whichever is greater, must be used to

26 determine the value of the species protected by this Code, but

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1 in no case shall the minimum value of all aquatic life and

2 their hybrids protected by this Code, whether dressed or not

3 dressed, be less than the following:

4 (1) For each muskellunge, northern pike, walleye,

5 striped bass, sauger, largemouth bass, smallmouth bass,

6 spotted bass, trout (all species), salmon (all species

7 other than chinook caught from August 1 through December

8 31), and sturgeon (other than pallid or lake sturgeon) of a

9 weight, dressed or not dressed, of one pound or more, $4

10 for each pound or fraction of a pound. For each individual

11 fish with a dressed or not dressed weight of less than one

12 pound, $4. For parts of fish processed past the dressed

13 state, $8 per pound.

14 (2) For each warmouth, rock bass, white bass, yellow

15 bass, sunfish (all species except largemouth, smallmouth,

16 and spotted bass), bluegill, crappie, bullheads,

17 pickerels, yellow perch, catfish (all species), and

18 mussels of a weight, dressed or not dressed, of one pound

19 or more, $4 for each pound or fraction of a pound of

20 aquatic life. For each individual aquatic life with a

21 dressed or not dressed weight of less than one pound, $4.

22 For aquatic life parts processed past the dressed state, $8

23 per pound.

24 (3) (Blank). ~~For processed turtle parts, $6 for each~~

25 ~~pound or fraction of a pound. For each non-processed~~

26 ~~turtle, $8 per turtle.~~

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1 (4) (Blank). ~~For frogs, toads, salamanders, lizards,~~

2 ~~and snakes, $8 per animal in whole or in part.~~

3 (5) For goldeye, mooneye, carp, carpsuckers (all

4 species), suckers (all species), redhorse (all species),

5 buffalo (all species), freshwater drum, skipjack, shad

6 (all species), alewife, smelt, gar, bowfin, chinook salmon

7 caught from August 1 through December 31, and all other

8 aquatic life protected by this Code, not listed in

9 paragraphs (1), (2), or (5) ~~(3), or (4)~~of subsection (c)

10 of this Section, $1 per pound, in part or in whole.

11 (6) For each species listed on the federal or State

12 endangered and threatened species list, and for lake and

13 pallid sturgeon, $150 per animal in whole or in part.

14 (Source: P.A. 95-147, eff. 8-14-07.)

15 (515 ILCS 5/10-30) (from Ch. 56, par. 10-30)

16 Sec. 10-30. Bullfrog; open season. Bullfrog open season is

17 found in Section 5-30 of the Herptiles-Herps Act of 2013. ~~All~~

18 ~~individuals taking bullfrogs shall possess a valid sport~~

19 ~~fishing license and may take bullfrogs only during the~~

20 ~~following open season of June 15 through August 31, both~~

21 ~~inclusive.~~

22 (Source: P.A. 87-833.)

23 (515 ILCS 5/10-35) (from Ch. 56, par. 10-35)

24 Sec. 10-35. Daily limit; bullfrogs. Bullfrog daily limit is

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1 found in Section 5-30 of the Herptiles-Herps Act of 2013. ~~The~~

2 ~~daily limit for all properly licensed individuals is 8~~

3 ~~bullfrogs. The possession limit total is 16 bullfrogs.~~

4 (Source: P.A. 87-833.)

5 (515 ILCS 5/10-60) (from Ch. 56, par. 10-60)

6 Sec. 10-60. Taking of turtles or bullfrogs; illegal

7 devices. Taking of turtles or bullfrogs is found in Section

8 5-30 of the Herptiles-Herps Act of 2013. ~~No person shall take~~

9 ~~turtles or bullfrogs by commercial fishing devices, including~~

10 ~~hoop nets, traps, or seines, or by the use of firearms,~~

11 ~~airguns, or gas guns.~~

12 (Source: P.A. 87-833.)

13 (515 ILCS 5/10-65) (from Ch. 56, par. 10-65)

14 Sec. 10-65. Taking of snakes. Taking of snakes is found in

15 Section 5-25 of the Herptiles-Herps Act of 2013. ~~Unless~~

16 ~~otherwise provided in this Code, snakes may be taken by the~~

17 ~~owners or bonafide tenants of lands actually residing on the~~

18 ~~lands and their children, parents, brothers, and sisters~~

19 ~~actually permanently residing with them.~~

20 (Source: P.A. 87-833.)

21 (515 ILCS 5/10-115) (from Ch. 56, par. 10-115)

22 Sec. 10-115. Taking of turtles. Taking of turtles is found

23 in Section 5-30 of the Herptiles-Herps Act of 2013. ~~Turtles may~~

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1 ~~be taken only by hand or means of hook and line. The provisions~~

2 ~~of this Section are subject to modification by administrative~~

3 ~~rule.~~

4 (Source: P.A. 87-833.)".