Bill Text: IL SB3319 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Herptiles-Herps Act. Modifies the definition of "Special use herptile" and adds "Consumptive use" and "Herptoculture" to the definitions in the Act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB3319 Detail]

Download: Illinois-2019-SB3319-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB3319 Introduced 2/11/2020, by Sen. Andy Manar SYNOPSIS AS INTRODUCED:
510 ILCS 68/1-15
Amends the Herptiles-Herps Act. Modifies the definition of "Special use herptile" and adds "Consumptive use" and "Herptoculture" to the definitions in the Act.
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A BILL FOR
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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Herptiles-Herps Act is amended by changing
Section 1-15 as follows:
(510 ILCS 68/1-15)
Sec. 1-15. Definitions. For the purposes of this Act,
unless the context clearly requires otherwise, the following
terms are defined as:
"Administrative rule" means a regulatory measure issued by
the Director under this Act.
"Authorized law enforcement officer" means all sworn
members of the Law Enforcement Division of the Department and
those persons specifically granted law enforcement
authorization by the Director.
"Bona fide scientific or educational institution" means
confirming educational or scientific tax-exemption, from the
federal Internal Revenue Service or the applicant's national,
state, or local tax authority, or a statement of accreditation
or recognition as an educational institution.
"Consumptive use" means the removal of a herptile from the
wild for personal use, including, but not limited to, as a pet
or hobby.

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"Contraband" means all reptile or amphibian life or any
part of reptile or amphibian life taken, bought, sold or
bartered, shipped, or held in possession or any conveyance,
vehicle, watercraft, or other means of transportation
whatsoever, except sealed railroad cars or other sealed common
carriers, used to transport or ship any reptile or amphibian
life or any part of reptile or amphibian life taken, contrary
to this Act, including administrative rules, or used to
transport, contrary to this Act, including administrative
rules, any of the specified species when taken illegally.
"Culling" means picking out from others and removing
rejected members because of inferior quality.
"Department" means the Illinois Department of Natural
Resources.
"Director" means the Director of the Illinois Department of
Natural Resources.
"Educational program" means a program of organized
instruction or study for providing education intended to meet a
public need.
"Endangered or threatened species" means any species
listed as endangered or threatened to the species level on
either the Illinois List of Endangered and Threatened Fauna or
the federal U.S. Fish and Wildlife Service List of Threatened
and Endangered Species.
"Herptile" means collectively any amphibian or reptile
taxon, whether indigenous to this State or not.

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"Herptoculture" means the breeding, hatching, propagation,
or raising of indigenous or native herptiles in captivity.
"Indigenous or native taxa" means those amphibians and
reptiles to the subspecies level that can be found naturally in
this State.
"Individual" means a natural person.
"Medically significant" means a venomous or poisonous
species whose venom or toxin can cause death or serious illness
or injury in humans that may require emergency room care or the
immediate care of a physician. These species are categorized as
being "medically significant" or "medically important".
"Owner" means an individual who has a legal right to the
possession of a herptile.
"Person" means any individual, partnership, corporation,
organization, trade or professional association, firm, limited
liability company, joint venture, or group.
"Possession limit" means the maximum number or amount of
herptiles that can be lawfully held or possessed by one person
at any time.
"Possessor" means any person who possesses, keeps,
harbors, brings into the State, cares for, acts as a custodian
for, has in his or her custody or control, or holds a property
right to a herptile.
"Reptile show" means any event open to the public, for a
fee or without a fee, that is not a licensed pet store, where
herptiles or herptiles together with other animals are

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exhibited, displayed, sold, bought, traded, or otherwise made
available for public display.
"Resident" means a person who in good faith makes
application for any license or permit and verifies by statement
that he or she has maintained his or her permanent abode in
this State for a period of at least 30 consecutive days
immediately preceding the person's application, and who does
not maintain permanent abode or claim residency in another
state for the purposes of obtaining any of the same or similar
licenses or permits under this Act. A person's permanent abode
is his or her fixed and permanent dwelling place, as
distinguished from a temporary or transient place of residence.
Domiciliary intent is required to establish that the person is
maintaining his or her permanent abode in this State. Evidence
of domiciliary intent includes, but is not limited to, the
location where the person votes, pays personal income tax, or
obtains a drivers license. Any person on active duty in the
Armed Forces shall be considered a resident of Illinois during
his or her period of military duty.
"Special use herptile" means any taxon of amphibian or
reptile for which a Herptile Special Use permit is required for
acquisition and possession.
"Take" means possess, collect, catch, detain, hunt, shoot,
pursue, lure, kill, destroy, capture, gig or spear, trap or
ensnare, harass, or an attempt to do so.
"Transport" or "ship" means to convey by parcel post,

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express, freight, baggage, or shipment by common carrier or any
description; by automobile, motorcycle, or other vehicle of any
kind; by water or aircraft of any kind; or by any other means
of transportation.
"Turtle farming" means the act of breeding, hatching,
raising, selling turtles, or any combination commercially for
the purpose of providing turtles, turtle eggs, or turtle parts
to pet suppliers, exporters, and food industries.
"Wildlife sanctuary" means any non-profit organization
that: (1) is exempt from taxation under the federal Internal
Revenue Code and is currently confirmed as tax exempt by the
federal Internal Revenue Service; (2) operates a place of
refuge where wild animals are provided care for their lifetime
or released back to their natural range; (3) does not conduct
activities on animals in its possession that are not inherent
to the animal's nature; (4) does not use animals in its
possession for entertainment; (5) does not sell, trade, or
barter animals in its possession or parts of those animals; and
(6) does not breed animals in its possession.
(Source: P.A. 98-752, eff. 1-1-15.)