Sen. Linda Holmes
Filed: 4/15/2021
 
 


 




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1
AMENDMENT TO SENATE BILL 1247




2 AMENDMENT NO. ______. Amend Senate Bill 1247 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Herptiles-Herps Act is amended by changing 
5Sections 1-5, 1-15, 5-5, 5-10, 5-15, 5-20, 5-30, 5-35, 10-40, 
615-5, 20-30, 25-5, 25-30, 30-10, 35-5, 40-5, 40-10, 45-5, 
750-5, 50-10, 55-5, 55-10, 60-5, 65-5, 70-5, 80-5, 90-5, 95-5, 
895-10, 100-5, 100-10, 100-15, 105-10, 105-30, 105-35, 105-40, 
9105-55, 105-60, 105-65, 105-75, 105-80, 105-90, 105-95, and 
10110-5 and by adding Sections 55-15 and 90-10 and Article 87 as 
11follows:

12 (510 ILCS 68/1-5)

13 Sec. 1-5. Purpose. The purpose of this Act is to regulate 
14the protection, control, possession, and propagation of 
15herptiles in this State. For purposes of this Act, reptiles 
16and amphibians shall be exempt from the definition of "aquatic 
 
 
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1life" under Section 1-20 of the Fish and Aquatic Life Code. All 
2rules and enforcement actions under the Illinois Conservation 
3Law and the dangerous animals provisions in Section 48-10 of 
4the Criminal Code of 2012 related to reptiles and amphibians 
5shall be covered exclusively by this Act.

6(Source: P.A. 98-752, eff. 1-1-15.)

7 (510 ILCS 68/1-15)

8 Sec. 1-15. Definitions. For the purposes of this Act, 
9unless the context clearly requires otherwise, the following 
10terms are defined as:
11 "Administrative rule" means a regulatory measure issued by 
12the Director under this Act.
13 "Authorized law enforcement officer" means all sworn 
14members of the Law Enforcement Division of the Department and 
15those persons specifically granted law enforcement 
16authorization by the Director.
17 "Bona fide scientific or educational institution" means 
18confirming educational or scientific tax-exemption, from the 
19federal Internal Revenue Service or the applicant's national, 
20state, or local tax authority, or a statement of accreditation 
21or recognition as an educational institution.

22 "Contraband" means all herptiles reptile or amphibian life 
23or any part of a herptile reptile or amphibian life taken, 
24bought, sold or bartered, shipped, or held in possession or 
25any conveyance, vehicle, watercraft, or other means of 
 
 
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1transportation whatsoever, except sealed railroad cars or 
2other sealed common carriers, used to transport or ship any 
3herptile reptile or amphibian life or any part of a herptile 
4reptile or amphibian life taken, contrary to this Act, 
5including administrative rules, or used to transport, contrary 
6to this Act, including administrative rules, any of the 
7specified species when taken illegally.

8 "Culling" means picking out from others and removing 
9rejected members because of inferior quality.
10 "Department" means the Illinois Department of Natural 
11Resources.
12 "Director" means the Director of the Illinois Department 
13of Natural Resources.
14 "Educational program" means a program of organized 
15instruction or study for providing education intended to meet 
16a public need.
17 "Endangered or threatened species" means any reptile or 
18amphibian species listed as endangered or threatened to the 
19species level on either the Illinois List of Endangered and 
20Threatened Fauna or the federal U.S. Fish and Wildlife Service 
21List of Threatened and Endangered Species.
22 "Herpetoculture" means the breeding, hatching, 
23propagation, or raising of indigenous or native herptiles in 
24captivity. 
25 "Herptile" means collectively any amphibian or reptile 
26taxon and includes any species, hybrid, or intergrade thereof 
 
 
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1, whether indigenous to this State or not.
2 "Hybrid" means the offspring of 2 herptiles of different 
3breeds, varieties, species, or genera. 
4 "Indigenous or native taxa" means those amphibians and 
5reptiles to the subspecies level that can be found naturally 
6in this State.
7 "Individual" means a natural person.
8 "Intergrade" means the offspring of 2 herptiles of 
9different subspecies. 
10 "Medically significant" means a venomous or poisonous 
11species whose venom or toxin can cause death or serious 
12illness or injury in humans that may require emergency room 
13care or the immediate care of a physician. These species are 
14categorized as being "medically significant" or "medically 
15important".
16 "Morphological variation" means the form and structure of 
17a herptile or any part of a herptile. "Morphological 
18variation" includes the outward appearance, structure, shape, 
19color, pattern, and size of a herptile. 
20 "Owner" means an individual who has a legal right to the 
21possession of a herptile.
22 "Person" means any individual, partnership, corporation, 
23organization, trade or professional association, firm, limited 
24liability company, joint venture, or group.
25 "Possession limit" means the maximum number or amount of 
26herptiles that can be lawfully held or possessed by one person 
 
 
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1at any time.
2 "Possessor" means any person who possesses, keeps, 
3harbors, brings into the State, cares for, acts as a custodian 
4for, has in his or her custody or control, or holds a property 
5right to a herptile.
6 "Propagation" means the act or process of maintaining any

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

14 "Transport" or "ship" means to convey by parcel post, 
15express, freight, baggage, or shipment by common carrier or 
16any description; by automobile, motorcycle, or other vehicle 
17of any kind; by water or aircraft of any kind; or by any other 
18means of transportation.

19 "Turtle farming" means the act of breeding, hatching, 
20raising, selling turtles, or any combination commercially for 
21the purpose of providing turtles, turtle eggs, or turtle parts 
22to pet suppliers, exporters, and food industries.
23 "Wildlife sanctuary" means any non-profit organization 
24that: (1) is exempt from taxation under the federal Internal 
25Revenue Code and is currently confirmed as tax exempt by the 
26federal Internal Revenue Service; (2) operates a place of 
 
 
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1refuge where wild animals are provided care for their lifetime 
2or released back to their natural range; (3) does not conduct 
3activities on animals in its possession that are not inherent 
4to the animal's nature; (4) does not use animals in its 
5possession for entertainment; (5) does not sell, trade, or 
6barter animals in its possession or parts of those animals; 
7and (6) does not breed animals in its possession.

8(Source: P.A. 98-752, eff. 1-1-15.)

9 (510 ILCS 68/5-5)

10 Sec. 5-5. Possession limits. 
11 (a) The possession limit for herptiles indigenous 
12amphibian and reptile taxa (excluding common snapping turtles 
13and bullfrogs) is 8 total collectively with no more than 4 
14total per species. The possession of one or more parts of the 
15body of the same individual herptile shall equal one 
16individual herptile of a species. In no case shall a person 
17possess more than 8 indigenous amphibian or reptiles in total. 
18Young of gravid wild-collected amphibians and reptiles shall 
19be returned to the site of adult capture after birth.
The 
20possession limit for common snapping turtles and bullfrogs 
21shall be set by administrative rule. 
22 (b) Only residents may possess herptiles collected from 
23the wild within this State under a valid sport fishing 
24license; non-residents may not possess herptiles collected 
25from the wild within this State except for scientific purposes 
 
 
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1after first
obtaining, with a Herptile Scientific Collection 
2permit.

3 (c) All herptile species (other than bullfrogs and common 
4snapping turtles) shall may be captured by hand only, unless 
5otherwise authorized by this Act or administrative rule. This 
6shall not restrict the use of legally taken herptiles as bait 
7by anglers only, unless otherwise authorized by this Act or 
8administrative rule. Any captured herptiles that are not to be 
9retained in the possession of the captor shall be immediately 
10released at the site of capture, unless taken with a lethal 
11method such as bow and arrow, gig, spear, or pitchfork which 
12does not permit release without harm. All common snapping 
13turtles and bullfrogs taken from the wild for personal 
14consumption must be kept and counted in the daily catch creel 
15or bag. No culling of species taken from the wild of these 2 
16species for personal consumption is permitted.

17 (d) The trier of fact may infer that a person is collecting 
18from the wild within this State if he or she possesses 
19indigenous reptiles or amphibians, in whole or in part, if no 
20documentation exists stating that the animals were legally 
21collected from the wild outside of this State.

22 (e) A resident of this State in possession of more than the 
23allowed possession limit set forth in subsection (a) must 
24obtain Residents may possess a total of 8 native herp 
25specimens collectively, with no more than 4 per species, 
26without obtaining and have in his or her possession possessing 
 
 
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1either a Herptile Scientific Collection permit or 
2Herpetoculture permit from the Department, regardless of the 
3origin of the species. Unless exempt under the provisions of 
4Section 20 of the Fish and Aquatic Life Code, a A sport fishing 
5license is required for residents to legally collect any 
6native herptile herp taxon on private land, with the 
7landowner's permission. Collecting herptiles on public lands 
8shall require the agency that manages the land to authorize 
9the collecting of herptiles on the public land under its 
10control additional permits.

11 (f) Any resident wishing to possess more than his or her 
12allowed possession limit shall first apply to the Department 
13for a Herptile Scientific Collection permit or Herpetoculture 
14permit to do so. Issuance, modification, or denial of any and 
15all of these permits shall be at the sole discretion of the 
16Department.
Procedures for the issuance, modification, or 
17denial of permits shall be set forth by administrative rule. 
18 (g) (Blank). Due to the similarity of appearance (S/A) of 
19certain intergrade or hybrid specimens, the Department retains 
20the authority to enforce any and all provisions under this 
21Act. Specimens determined by the Department, or its agents, to 
22fit into this S/A category shall receive all benefits of this 
23Act, as well as the Illinois Endangered Species Protection Act 
24if applicable, and shall be included in an individual's 
25overall possession limit.


26(Source: P.A. 98-752, eff. 1-1-15.)

 
 
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1 (510 ILCS 68/5-10)

2 Sec. 5-10. Commercialization; herpetoculture. 
3 (a) It is unlawful to take, possess, buy, sell, offer to 
4buy or sell or barter any herptile reptile, amphibian, or 
5their eggs, any resulting offspring, or parts taken from the 
6wild in this State for commercial purposes unless otherwise 
7authorized by law.

8 (b) The trier of fact may infer that a person is collecting 
9from the wild within this State for commercial purposes if he 
10or she possesses indigenous herptiles reptiles or amphibians, 
11in whole or in part, for which no documentation exists stating 
12that the animals were legally collected from the wild outside 
13this State.
14 (c) (Blank). Due to the similarity of appearance (S/A) of 
15certain intergrade or hybrid specimens, the Department retains 
16the authority to enforce any and all provisions under this 
17Act. Specimens determined by the Department, or its agents, to 
18fit into this S/A category shall receive all benefits of this 
19Act, as well as the Illinois Endangered Species Protection Act 
20if applicable, and shall be included in an individual's 
21overall possession limit.

22 (d) A valid, Department-issued Herpetoculture permit shall 
23apply only to indigenous herptile herp taxa. A Herpetoculture 
24permit shall not be required in order to commercialize 
25non-indigenous herptile herp taxa except as otherwise 
 
 
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1prohibited or regulated under this Act or federal law.

2 (e) Indigenous herptile herp taxa collected from the wild 
3in this State may not be bred unless otherwise authorized by 
4the Department for research or recovery purposes unless 
5otherwise authorized by this Act or administrative rule.

6(Source: P.A. 98-752, eff. 1-1-15.)

7 (510 ILCS 68/5-15)

8 Sec. 5-15. Protection of habitat. Habitat features that 
9are disturbed in the course of searching for herptiles 
10reptiles and amphibians shall be returned to as near its 
11original position and condition as possible, for example 
12overturned stones and logs shall be restored to their original 
13locations.

14(Source: P.A. 98-752, eff. 1-1-15.)

15 (510 ILCS 68/5-20)

16 Sec. 5-20. Propagation of Taking of endangered or 
17threatened species. 
18 (a) No person shall take or possess for the purpose of 
19propagation any of the herptiles listed in the Illinois 
20Endangered Species Protection Act, the federal Endangered 
21Species Act of 1973, or subsequent administrative rules unless 
22authorized by a Herptile Endangered and Threatened Species 
23Propagation permit issued by the Department. For the purpose 
24of propagation only, a Herptile Endangered and Threatened 
 
 
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1Species Propagation permit shall allow a resident of this 
2State to possess, propagate, or sell legally obtained 
3endangered and threatened herptiles.
The Department shall 
4adopt rules relating to the acquisition, possession, and 
5propagation of legally obtained endangered and threatened 
6herptiles. The Department shall determine, by rule, the 
7application, fees, duration, and other requirements necessary 
8for the issuance or suspension or revocation of a Herptile 
9Endangered and Threatened Species Propagation permit. All fees 
10collected from the issuance of a Herptile Endangered and 
11Threatened Species Propagation permit shall be deposited into 
12the Wildlife Preservation Fund. , except as provided by that 
13Act.

14 (b) Any person issued a Herptile Endangered and Threatened 
15Species Propagation permit by the Department who is in 
16possession of a -permitted threatened or endangered (T/E) 
17herptile species shall be exempt from an individual's overall 
18possession limit under the permitting system set forth in this 
19Act. However, the holder of a Herptile Endangered and 
20Threatened Species Propagation permit is not exempt from the 
21species limitations set forth in the administrative rules 
22regarding the Herptile Endangered and Threatened Species 
23Propagation permit. However, any and all T/E specimens shall 
24be officially recorded with the Department's Endangered 
25Species Conservation Program. Any species occurring on the 
26federal T/E list also requires a Department permit for 
 
 
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1possession, propagation, sale, or offer for sale unless 
2otherwise permitted under this Act or administrative rule 
3through the Department.

4 (c) (Blank). Due to the similarity of appearance (S/A) of 
5certain intergrade or hybrid specimens, the Department retains 
6the authority to enforce any and all provisions under this 
7Act. Specimens determined by the Department, or agents, to fit 
8into this S/A category shall receive all benefits of this Act, 
9as well as the Illinois Endangered Species Protection Act if 
10applicable, and shall be included in an individual's overall 
11possession limit.

12 (d) Federally licensed exhibits shall not be exempt from 
13the Illinois Endangered Species Protection Act, this Act, or 
14administrative rule.

15 (e) Any changes in threatened or endangered species 
16inventory T/E permit numbers for herptiles by current, 
17existing Herptile Endangered and Threatened Species 
18Propagation permit holders shall be reported to the Department 
19in writing no later than the first business day after that 
20change occurred. Applications for permits to possess and take 
21herptiles shall be reviewed by the Department as provided by 
22this Act or administrative rule. Requests for permits by any 
23resident acquiring a T/E species who is not permitted shall 
24not be issued after-the-fact.

25 (f) (Blank). Annual reports are due by January 31 of each 
26year for the preceding year's activities. Failure to submit 
 
 
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1the annual report by the due date shall result in a permit 
2violation.

3 (g) (Blank). An annual fee for herptile T/E species 
4permits, per permittee, shall be set by administrative rule.

5All fees for herptile T/E species permits shall be deposited 
6into the Wildlife Preservation Fund.
7 (h) (Blank). Procedures for acquisition, breeding, and 
8sales of T/E herptile species shall be set forth in 
9administrative rule.

10 (i) (Blank). Record keeping requirements for T/E herptile 
11species shall be set forth in administrative rule.


12(Source: P.A. 98-752, eff. 1-1-15.)

13 (510 ILCS 68/5-30)

14 Sec. 5-30. Taking of turtles or bullfrogs; illegal 
15devices. 
16 (a) No person shall take turtles or bullfrogs by 
17commercial fishing devices, including dip nets, hoop nets, 
18traps, or seines, or by the use of firearms, airguns, or gas 
19guns. Turtles or bullfrogs may be taken only by methods set 
20forth in administrative rule hand or means of hook and line.
21 (b) Bullfrog; common snapping turtle; open season. 
22  (1) All persons individuals taking bullfrogs shall 
23 possess a valid sport fishing license issued under Article 
24 20 of the Fish and Aquatic Life Code and may take bullfrogs 
25 only during the open season to be specified by 
 
 
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1 administrative rule. Bullfrogs may only be taken by hook 
2 and line, gig, pitchfork, spear, bow and arrow, hand, or 
3 landing net.

4  (2) The daily catch limit and total possession limit 
5 for all properly licensed persons shall be specified by 
6 administrative rule.

7  (3) All persons taking common snapping turtles shall 
8 possess a valid sport fishing license issued under Article 
9 20 of the Fish and Aquatic Life Code and may take common 
10 snapping turtles only during the open season to be 
11 specified by administrative rule. Common snapping turtles 
12 (Chelydra serpentina) may be taken only by methods set 
13 forth in administrative rule hand, hook and line, or bow 
14 and arrow, except in the counties listed in administrative 
15 rule Section 5-35 where bowfishing for common snapping 
16 turtles is not allowed.

17  (4) The daily catch limit and total possession limit 
18 for all properly licensed persons shall be specified by 
19 administrative rule. 
20 (c) (Blank). The alligator snapping turtle (Macrochelys 
21temminckii) is protected and may not be taken by any method 
22including, but not limited to, any sport fishing method.


23(Source: P.A. 98-752, eff. 1-1-15.)

24 (510 ILCS 68/5-35)

25 Sec. 5-35. Areas closed to the taking of reptiles and 
 
 
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1amphibians. 
2 (a) Unless otherwise allowed under the provisions of this 
3Act by law or administrative rule, the taking of herptiles 
4reptiles and amphibians at any time and by any method is 
5prohibited in the following areas:

6 The LaRue-Pine Hills or Otter Pond Research Natural Area 
7 in Union County. The closed area shall include the 
8 Research Natural Area as designated by the U.S. Forest 
9 Service and the right-of-way of Forest Road 345 with 
10 Forest Road 236 to the intersection of Forest Road 345 
11 with the Missouri Pacific railroad tracks. Unless 
12 otherwise authorized, possession of any collecting 
13 equipment is prohibited within the closed area.

14 (b) For the protection and preservation of any herptile 
15taxa, the Department may close any area to prevent the taking, 
16collecting, or killing of herptiles. The Department may close 
17an area for purposes that include the biological significance 
18or importance of a species or location or for the prevention, 
19containment, or treatment of disease. The Department shall 
20adopt procedures for the closure of an area by administrative 
21rule. In the following counties bowfishing for common snapping 
22turtles is not permitted: Randolph, Perry, Franklin, Hamilton, 
23White, Gallatin, Saline, Williamson, Jackson, Union, Johnson, 
24Pope, Hardin, Massac, Pulaski, and Alexander, or in any 
25additional counties added through administrative rule.

26 (c) (Blank). Collection of wild turtles for races or other 
 
 
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1types of events involving congregating and gathering numbers 
2of wild turtles is prohibited in counties where ranavirus has 
3been documented. Inclusion on the county list shall be 
4determined by rule.

5(Source: P.A. 98-752, eff. 1-1-15.)

6 (510 ILCS 68/10-40)

7 Sec. 10-40. Additional regulations. Venomous reptiles 
8shall not be bred, sold, or offered for sale within this State. 
9The Department may approve limited transfers among existing 
10permittees as set forth in administrative rule at the sole 
11discretion of the Department.
12 As determined by the Department, non-residents may apply 
13for a permit not to exceed 15 consecutive days to use venomous 
14reptiles in bona fide educational programs. The fee for the 
15permit shall be set by administrative rule, and all fees shall 
16be deposited into the Wildlife Preservation and Fish Fund.


17(Source: P.A. 98-752, eff. 1-1-15.)

18 (510 ILCS 68/15-5)

19 Sec. 15-5. Boas, pythons, and anacondas. Unless contrary 
20to any other law or rule, nothing Nothing shall prohibit 
21lawfully acquired possession of any of the Boidae family, such 
22as boas, pythons, and anacondas, provided captive maintenance 
23requirements from the Department as set forth in this Act are 
24met. All boas, pythons, and anacondas referenced in this Act 
 
 
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1are exempt from the permit process, associated annual fee, and 
2liability insurance coverage.

3(Source: P.A. 98-752, eff. 1-1-15.)

4 (510 ILCS 68/20-30)

5 Sec. 20-30. Additional regulations. Crocodilians shall not 
6be bred, sold, or offered for sale within this State. However, 
7the Department may approve, by rule, limited
transfers among 
8existing permittees. 
9 As determined by the Department through administrative 
10rule, non-residents may apply for a permit not to exceed 15 
11consecutive days to use crocodilians in bona fide educational 
12programs. The fee for this permit shall be set by 
13administrative rule, and all fees shall be deposited into the 
14Wildlife Preservation and Fish Fund.


15(Source: P.A. 98-752, eff. 1-1-15.)

16 (510 ILCS 68/25-5)

17 Sec. 25-5. Monitor lizards. "Monitor lizards" means the 
18following members of the Varanidae family, specifically 
19crocodile monitors and as well as Komodo dragons.

20(Source: P.A. 98-752, eff. 1-1-15.)

21 (510 ILCS 68/25-30)

22 Sec. 25-30. Additional regulations. Monitor lizards shall 
23not be bred, sold, or offered for sale within this State.

 
 
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1However, the Department may approve, by rule, limited 
2transfers among existing permittees. 
3 As determined by the Department, non-residents may apply 
4for a permit not to exceed 15 consecutive days to use monitor 
5lizards in bona fide educational programs. The fee for the 
6permit shall be set by administrative rule, and all fees shall 
7be deposited into the Wildlife Preservation and Fish Fund.

8(Source: P.A. 98-752, eff. 1-1-15.)

9 (510 ILCS 68/30-10)

10 Sec. 30-10. Turtle collection. Collection of wild turtles 
11for races or other types of events involving congregating and 
12gathering numbers of wild turtles is prohibited in counties 
13where ranavirus has been documented. Inclusion on the county 
14list shall be determined by administrative rule.

15(Source: P.A. 98-752, eff. 1-1-15.)

16 (510 ILCS 68/35-5)

17 Sec. 35-5. Amphibians. For the purposes of this Section, 
18"amphibians" means those medically significant poisonous 
19amphibians capable of causing bodily harm to humans or 
20animals, including, but not limited to, cane or marine toads 
21(Bufo marinus) and Colorado river toads (Bufo alvarius), or 
22any other amphibian found to be medically significant and 
23listed in administrative rule. Amphibians defined in this 
24Section shall only be allowed for bona fide educational 
 
 
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1purposes or research purposes by bona fide scientific or 
2educational exempted institutions.
3 Poison dart frogs bred and raised in captivity shall be 
4exempt from the permit process.


5(Source: P.A. 98-752, eff. 1-1-15.)

6 (510 ILCS 68/40-5)

7 Sec. 40-5. Permit issuance. Herptile Scientific Collection 
8permits may be granted by the Department under administrative 
9rule, in its sole discretion, to any properly accredited 
10person at least 18 years of age, permitting the capture, 
11marking, handling, banding, or collecting (including hide, 
12skin, bones, teeth, claws, nests, eggs, or young), for 
13strictly scientific purposes, of any of the herptiles not 
14listed as endangered or threatened but now protected under 
15this Act. A Herptile Scientific Collection permit may be 
16granted under administrative rule to qualified individuals for 
17purpose of salvaging dead, sick, or injured herptiles not 
18listed as endangered or threatened but protected by this Act 
19for permanent donation to bona fide public or state 
20scientific, educational, or zoological institutions. 
21Collecting herptiles on public lands shall require additional 
22permits.

23(Source: P.A. 98-752, eff. 1-1-15.)

24 (510 ILCS 68/40-10)

 
 
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1 Sec. 40-10. Permit requirements. The criteria and 
2standards for a Herptile Scientific Collection permit shall be 
3provided by administrative rule. The Department shall set 
4forth applicable rules covering qualifications and facilities 
5needed to obtain a permit. Disposition of herptiles taken 
6under the authority of this Article shall be specified by the 
7Department. The holder of each permit shall make to the 
8Department a report in writing upon forms furnished by the 
9Department as provided by administrative rule. These reports 
10shall be made (i) annually if the permit is granted for a 
11period of one year or (ii) within 30 days after the expiration 
12of the permit if the permit is granted for a period of less 
13than one year. These reports shall include all information 
14that is required by the Department considers necessary.

15(Source: P.A. 98-752, eff. 1-1-15.)

16 (510 ILCS 68/45-5)

17 Sec. 45-5. Permit application and fees. An applicant for a 
18Herptile Scientific Collection permit must file an application 
19with the Department on a form provided by the Department. The 
20application must include all information and requirements as 
21set by administrative rule. The application for these permits 
22shall be reviewed by the Department to determine if a permit 
23should be issued.

24 Unless addressed or exempted by administrative rule, 
25annual permit renewal must be accompanied by non-refundable 
 
 
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1fee as set by the Department. The annual fee for a Herptile 
2Scientific Collection permit shall be set by administrative 
3rule. The Department shall adopt, by administrative rule, any 
4additional procedures for the renewal of a Herptile Scientific 
5Collection permit. All fees shall be deposited into the Fish 
6and Preservation Wildlife Fund.


7(Source: P.A. 98-752, eff. 1-1-15.)

8 (510 ILCS 68/50-5)

9 Sec. 50-5. Permit issuance. Any person or business who 
10engages in herpetoculture, the the breeding, hatching, 
11propagation, sale, or the offer for sale of any indigenous 
12herptile, regardless of origin, shall procure a Herpetoculture 
13permit from the Department. Herptiles for which a 
14Herpetoculture permit is issued or that specified, which are 
15bred, hatched, propagated, or legally obtained by a person or 
16business holding a Herpetoculture permit as provided for in 
17this Article, may be transported and sold or offered for sale 
18within this State. Indigenous herptile herp taxa collected 
19from the wild in this State shall not be bred unless otherwise 
20authorized by this Act or administrative rule the Department 
21for research or recovery purposes.

22(Source: P.A. 98-752, eff. 1-1-15.)

23 (510 ILCS 68/50-10)

24 Sec. 50-10. Permit requirements. Herpetoculture permit 
 
 
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1holders shall maintain written records of all herptiles 
2possessed, indigenous to this State bought, sold, hatched, 
3propagated, sold, or shipped and that are indigenous to this 
4State for a minimum of 2 years after the date of the 
5transaction and shall be made immediately available to 
6authorized employees of the Department upon request. These 
7records shall include the name and address of the buyer and 
8seller, the appropriate permit number of the buyer and seller, 
9the date of the transaction, the species name (both common and 
10scientific), and the origin of herptile involved. Records of 
11the annual operations, as may be required by the Department, 
12shall be forwarded to the Department upon request.

13 The criteria and standards for a Herpetoculture permit 
14shall be provided by administrative rule. The Department shall 
15set forth applicable rules, including a list of herptiles 
16indigenous to this State.


17(Source: P.A. 98-752, eff. 1-1-15.)

18 (510 ILCS 68/55-5)

19 Sec. 55-5. Permit application and fees.  An applicant for 
20a Herpetoculture permit must file an application with the 
21Department on a form provided by the Department. The 
22application must include all information and requirements as 
23set forth by administrative rule. The application for these 
24permits shall be reviewed by the Department to determine if a 
25permit will should be issued.

 
 
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1 An Unless addressed or exempted by administrative rule, 
2annual permit renewal must be accompanied by a non-refundable 
3fee as set by the Department. The annual fee for a residential 
4Herpetoculture permit shall be set by administrative rule. The 
5Department shall adopt, by administrative rule, any additional 
6procedures for the renewal of a Herpetoculture permit. All 
7fees shall be deposited into the Wildlife Preservation Fund 
8and Fish Fund.

9 As determined by administrative rule the Department, 
10non-residents may apply for a permit not to exceed 15 
11consecutive days to commercialize herptiles indigenous to this 
12State as outlined in this Article. The application, 
13procedures, and The fee for the permit and permit renewal 
14shall be set by administrative rule, and all fees shall be 
15deposited into the Wildlife Preservation and Fish Fund.

16 The Department shall adopt, by administrative rule, 
17additional procedures for the renewal of annual Herpetoculture 
18permits.


19(Source: P.A. 98-752, eff. 1-1-15.)

20 (510 ILCS 68/55-10)

21 Sec. 55-10. Additional regulations.  Nothing in Articles 
2250 and 55 shall be construed to give permittees authority to 
23breed, hatch, propagate, sell, offer for sale, or otherwise 
24commercialize any herptile or parts thereof from herptiles 
25indigenous to this State, either partially or in whole, that 
 
 
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1originate from the wild in this State.

2 Any offspring resulting from the breeding of herptiles 
3where one parent has been taken from the wild in this State and 
4the other parent from non-Illinois stock or captive bred stock 
5may not be legally sold or otherwise commercialized and shall 
6be treated as indigenous or native Illinois herptile herp taxa 
7subject to Article 5 of this Act.

8 Color or pattern variations (morphs) of any herptile 
9indigenous to this State are not exempt from this Article.

10 Due to the similarity of appearance (S/A) of certain 
11intergrade or hybrid specimens, the Department retains the 
12authority to enforce any and all provisions under this Act. 
13Specimens determined by the Department, or its agents, to fit 
14into this S/A category shall receive all benefits of this Act, 
15as well as the Illinois Endangered Species Protection Act if 
16applicable.


17(Source: P.A. 98-752, eff. 1-1-15.)

18 (510 ILCS 68/55-15 new)
19 Sec. 55-15. Intergrade, hybrid,
or
morphological

20variation. The Department shall have the authority to enforce 
21any and all provisions under this Act with respect to an 
22intergrade, hybrid, or morphological variation of a species 
23protected under this Act or administrative rule. Any 
24intergrade or hybrid specimen of a species protected under 
25this Act shall have the same protections that any herptile 
 
 
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1parent of the intergrade or hybrid specimen has under this Act 
2or administrative rule. The Department may adopt 
3administrative rules for the regulation and administration of 
4intergrade, hybrid, or morphological variations of herptiles.
5 Any offspring resulting from the breeding of herptiles in 
6which one herptile parent has been taken from the wild in this 
7State and the other parent is from non-Illinois stock or

8captive bred stock may not be legally sold or otherwise 
9commercialized and shall be treated as indigenous or native 
10Illinois herptile taxa subject to Article 5 of this Act.
11 Morphological variety relating to color or pattern 
12variations that are different from the normal, wild-type 
13coloration or pattern of any herptile indigenous to this State 
14or listed as a threatened or endangered species in the 
15Illinois Endangered Species Protection Act shall be treated as 
16indigenous or native Illinois herptile taxa subject to this 
17Act. 

18 (510 ILCS 68/60-5)

19 Sec. 60-5. Permit requirements. Prior to any person 
20obtaining a Herptile Special Use permit, the following 
21criteria must be met:

22  (1) the person was in legal possession and is the 
23 legal possessor of the herptile prior to the effective 
24 date of this Act and the person applies for and is granted 
25 a Personal Possession permit for each special use herptile 
 
 
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1 in the person's possession within 30 days after the 
2 enactment 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 
8Act and the rules adopted by the Department to obtain a 
9Herptile Special Use permit. Prior to the issuance of the 
10Herptile Special Use permit, the applicant must provide proof 
11of liability insurance or surety bond, either individually, or 
12in the name of the entity engaged in giving the bona fide 
13educational programs, in the amount of $100,000 for each 
14special use herptile up to a maximum of $1,000,000 and the 
15insurance or surety bond is to be maintained during the term of 
16the permit for liability for any incident arising out of or 
17relating to the special use herptile.


18(Source: P.A. 98-752, eff. 1-1-15.)

19 (510 ILCS 68/65-5)

20 Sec. 65-5. Permit application and fees. An applicant for a 
21Herptile Special Use permit must file an application with the 
22Department on a form provided by the Department. The 
23application must include all information and requirements as 
24set forth by administrative rule.

25 The annual fee for a residential Herptile Special Use 
 
 
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1permit shall be set by administrative rule on a per person 
2basis. The Herptile Special Use permit shall not be based on 
3the number of special use herptile kept by an owner or 
4possessor. All fees shall be deposited into the Wildlife 
5Preservation and Fish Fund.

6 The Department shall adopt, by administrative rule, 
7procedures for the renewal of annual Herptile Special Use 
8permits.
9 Any person possessing and in legal possession of a special 
10use herptile as stipulated in this Article that no longer 
11wishes to keep the herptile may be assisted by the Department, 
12at no charge to them and without prosecution, to place the 
13special use herptile in a new home, within 30 days after the 
14effective date of this Act.
15 The Department may issue a Limited Entry permit to an 
16applicant who: (i) is not a resident of this State; (ii) 
17complies with the requirements of this Act and all rules 
18adopted by the Department under the authority of this Act; 
19(iii) provides proof to the Department that he or she shall, 
20during the permit term, maintain sufficient liability 
21insurance coverage; (iv) pays to the Department, along with 
22each application for a Limited Entry permit, a non-refundable 
23fee as set by administrative rule, which the Department shall 
24deposit into the Wildlife Preservation and Fish Fund; and (v) 
25uses the herptile for an activity authorized in the Limited 
26Entry permit. A Limited Entry permit shall be valid for not 
 
 
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1more than 15 30 consecutive days unless extended by the 
2Department, however, no extension shall be longer than 15 
3days.
The application, review, and procedures to obtain or 
4renew a Limited Entry permit shall be set by administrative 
5rule. 

6(Source: P.A. 98-752, eff. 1-1-15.)

7 (510 ILCS 68/70-5)

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


8(Source: P.A. 98-752, eff. 1-1-15.)

9 (510 ILCS 68/80-5)

10 Sec. 80-5. Injury to a member of public by special use 
11herptiles. A person who possesses a special use herptile 
12without complying with the requirements of this Act and the 
13rules adopted under the authority of this Act and whose 
14special use herptile causes bodily harm to harms a person when 
15the possessor knew or should have known that the herptile had a 
16propensity, when provoked or unprovoked, to harm, cause injury 
17to, or otherwise substantially endanger a member of the public 
18is guilty of a Class A misdemeanor. A person who possesses a 
19special use herptile without complying with the requirements 
20of this Act and the rules adopted under the authority of this 
21Act and whose special use herptile causes great bodily harm or 
22death to a person when the possessor knew or should have known 
23that the herptile had a propensity, when provoked or 
24unprovoked, to harm, cause injury to, or otherwise 
25substantially endanger a member of the public A person who 
 
 
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1fails to comply with the provisions of this Act and the rules 
2adopted under the authority of this Act and who intentionally 
3or knowingly allows a special use herptile to cause great 
4bodily harm to, or the death of, a human is guilty of a Class 4 
5felony.

6(Source: P.A. 98-752, eff. 1-1-15; 99-642, eff. 7-28-16.)

7 (510 ILCS 68/Art. 87 heading new)
8
ARTICLE 87.  HERPTILE DISEASES


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

23 (510 ILCS 68/87-10 new)
 
 
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1 Sec. 87-10. Possession of a disease carrying herptile.
2 (a) Upon discovery that a herptile is harboring a disease,

3pathogen, or fungus specified in administrative rule, the 
4owner or person in possession of the herptile shall notify the 
5Department under administrative rule.
6 (b) An owner or person in possession of a herptile that he 
7or she knows or reasonably should know is harboring a disease, 
8pathogen, or fungus specified in administrative rule shall 
9comply with all administrative rules
regarding the treatment 
10and caretaking requirements.
11 (c) A violation of this Section is a Class C misdemeanor. 

12 (510 ILCS 68/90-5)

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

8(Source: P.A. 98-752, eff. 1-1-15.)

9 (510 ILCS 68/90-10 new)
10 Sec. 90-10. Commercial purposes; offenses.
11 (a) Unless otherwise provided in this Act, any person who 
12for profit or commercial purposes knowingly captures, kills, 
13possesses, offers for sale, sells, offers to barter, barters, 
14offers to purchase, purchases, delivers for shipment, ships, 
15exports, imports, causes to be shipped, exported, or imported, 
16delivers for transportation, transports, or causes to be 
17transported, carries or causes to be carried, or receives for 
18shipment, transportation, carriage, or export any herptile 
19taxa, in whole or in part, protected under this Act and the 
20financial value of that herptile, in whole or in part, is 
21valued: 
22  (1) at or in excess of a total of $300 as calculated 
23 according to the applicable provisions under paragraphs 
24 (1), (2), (3), and (4) of subsection (a) in Section 105-95 
25 of this Act is guilty of a Class 3 felony; or
 
 
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1  (2) less than the total of $300 as calculated 
2 according to the applicable provisions under paragraphs 
3 (1), (2), (3), and (4) of subsection (a) in Section 105-95 
4 of this Act is guilty of a Class A misdemeanor. A second or 
5 subsequent violation is a Class 4 felony. 
6 (b) The possession of any herptile, in whole or in part, 
7captured or killed in violation of this Act that is valued at 
8or in excess of $600 under the provisions in subsection (b) of 
9Section 105-95 of this Act shall be considered prima facie 
10evidence of possession for profit or commercial purposes. 

11 (510 ILCS 68/95-5)

12 Sec. 95-5. Assumption of risk. Each person who owns, 
13possesses, or keeps a herptile expressly assumes the risk of 
14and legal responsibility for injury, loss, or damage to the 
15person or the person's property that results from the 
16ownership, possession, or keeping, of the herptile. Each 
17owner, keeper, or possessor of a herptile shall be solely 
18liable to manage, care for, and control a particular herptile 
19species, and it shall be the duty of each owner, keeper, or 
20possessor, to maintain reasonable control of the particular 
21herptile at all times, and to refrain from acting in a manner 
22that may cause or contribute to the injury of person, whether 
23in public or on private property.

24(Source: P.A. 98-752, eff. 1-1-15.)

 
 
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1 (510 ILCS 68/95-10)

2 Sec. 95-10. Civil liability and immunity. If any herptile 
3escapes or is released, the owner and possessor of the 
4herptile shall be strictly liable for all costs incurred in 
5apprehending and confining the herptile, including any 
6injuries incurred to humans or damage to property, both real 
7and personal, including pets and livestock, and the owner 
8shall indemnify any animal control officer, police officer, or 
9Department employee acting in his or her official capacity to 
10capture or control an escaped herptile.

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


13(Source: P.A. 98-752, eff. 1-1-15.)

14 (510 ILCS 68/100-5)

15 Sec. 100-5. Prima facie evidence; confiscation. The 
16possession of any reptile or amphibian life or any herptile, 
17special use herptile, or part of any herptile or special use 
18herptile reptile or amphibian life protected under this Act is 
19prima facie evidence that the herptile or special use herptile 
20reptile or amphibian life or any part of reptile or amphibian 
21life is subject to the provisions of this Act, including 
22administrative rules.
23 Whenever the contents of any box, barrel, package, or 
24receptacle consists partly of contraband and partly of a 
25legally possessed or shipped herptile or special use herptile 
 
 
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1legal reptile or amphibian life or any part of a legally 
2possessed or shipped herptile or special use herptile reptile 
3or amphibian life, the entire contents of the box, barrel, or 
4package, or other receptacle are subject to confiscation.
5 Whenever a person has in his or her possession in excess of 
6the number of herptiles or special use herptiles reptile or 
7amphibian life or any parts of herptiles or special use 
8herptiles reptile or amphibian life permitted under this Act, 
9including administrative rules, the entire number of herptiles 
10or special use herptiles reptile or amphibian life or any 
11parts of herptiles or special use herptiles reptile or 
12amphibian life in his or her possession is subject to 
13confiscation, seizure, or forfeiture.

14(Source: P.A. 98-752, eff. 1-1-15.)

15 (510 ILCS 68/100-10)

16 Sec. 100-10. Search and seizure. Whenever any authorized 
17employee of the Department, sheriff, deputy sheriff, or other 
18peace office of the State has reason to believe that any 
19person, owner, possessor, commercial institution, pet store, 
20or reptile show vendor or attendee possesses any herptile 
21reptile or amphibian life or any part or parts of a herptile 
22reptile or amphibian life contrary to the provisions of this 
23Act, including administrative rules, he or she may file, or 
24cause to be filed, a sworn complaint to that effect before the 
25circuit court and procure and execute a search warrant. Upon 
 
 
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1execution of the search warrant, the officer executing the 
2search warrant shall make due return of the search warrant to 
3the court issuing the search warrant, together with an 
4inventory of all the herptiles reptile or amphibian life or 
5any part or parts of a herptile reptile or amphibian life taken 
6under the search warrant. The court shall then issue process 
7against the party owning, controlling, or transporting the 
8herptile reptile or amphibian life or any part of a herptile 
9reptile or amphibian life seized, and upon its return shall 
10proceed to determine whether or not the herptile reptile or 
11amphibian life or any part or parts of a herptile were reptile 
12or amphibian life was held, possessed, or transported in 
13violation of this Act, including administrative rules. In case 
14of a finding that a herptile the reptile or amphibian life was 
15illegally held, possessed, transported, or sold, a judgment 
16shall be entered against the owner or party found in 
17possession of the herptile reptile or amphibian life or any 
18part or parts of a herptile reptile or amphibian life for the 
19costs of the proceeding and providing for the disposition of 
20the property seized, as provided for by this Act.

21(Source: P.A. 98-752, eff. 1-1-15.)

22 (510 ILCS 68/100-15)

23 Sec. 100-15. Seizure and forfeiture. If any person is 
24found to possess a special use herptile that is in violation of 
25this Act, including any administrative rules, then the special 
 
 
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1use herptile and any equipment or items used contrary to this 
2Act shall be subject to seizure and forfeiture by the 
3Department under Section 100-10. Any special use herptile 
4seized in violation of this Act may immediately be placed in a 
5facility approved by the Department.
6 If a person's special use herptile has been seized by the 
7Department, then the owner and possessor of the special use 
8herptile is liable for the reasonable costs associated with 
9the seizure, placement, testing, and care for the special use 
10herptile from the time of confiscation until the time the 
11special use herptile is relocated to an approved facility or 
12person holding a valid Herptile Special Use permit or is 
13otherwise disposed of by the Department.
14 Any special use herptile and related items found abandoned 
15shall become the property of the Department and disposed of 
16according to Department rule.
17 The circuit court, in addition to any other penalty, may 
18award any seized or confiscated special use herptiles or items 
19to the Department as provided for in Section 1-215 of the Fish 
20and Aquatic Life Code and Section 1.25 of the Wildlife Code. 
21The circuit Further, the court, in addition to any other 
22penalty, may assess a fee upon a person who pleads guilty to 
23the provisions of this Act equal to the amount established or 
24determined to maintain the special use herptile until it is 
25permanently placed in a facility approved by the Department or 
26otherwise disposed of.

 
 
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1(Source: P.A. 98-752, eff. 1-1-15.)

2 (510 ILCS 68/105-10)

3 Sec. 105-10. Conservation of herptiles reptiles and 
4amphibians. The Department shall take all measures necessary 
5for the conservation, distribution, introduction, and 
6restoration of herptiles reptiles and amphibians. The 
7Department shall also bring or cause to be brought actions and 
8proceedings, in the name and by the authority of the People of 
9the State of Illinois, to enforce this Act, including 
10administrative rules, and to recover any and all fines and 
11penalties provided for in this Act. Nothing in this Act shall 
12be construed to authorize the Department to change any penalty 
13prescribed by law or to change the amount of license fees or 
14the authority conferred by licenses prescribed by law. The 
15Department is authorized to cooperate with the appropriate 
16Departments of the federal government and other Departments or 
17agencies of State government and educational institutions in 
18conducting surveys, experiments, or work of joint interest or 
19benefit.

20(Source: P.A. 98-752, eff. 1-1-15.)

21 (510 ILCS 68/105-30)

22 Sec. 105-30. Statute of limitations. All prosecutions 
23under this Act shall be commenced within 3 years after the 
24commission of the offense if it is a felony, or within one year 
 
 
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1and 6 months after its commission if it is a misdemeanor 2 
2years after the time the offense charged was committed.

3(Source: P.A. 98-752, eff. 1-1-15.)

4 (510 ILCS 68/105-35)

5 Sec. 105-35. Collection of fines. All fines provided for 
6by this Act shall be collected and remitted to the 
7Department's Wildlife Preservation and Fish Fund, within 30 
8days after the collection of the fine, by the clerk of the 
9circuit court collecting the fines who shall submit at the 
10same time to the Department a statement of the names of the 
11persons so fined and the name of the arresting officer, the 
12offense committed, the amount of the fine, and the date of the 
13conviction.

14(Source: P.A. 98-752, eff. 1-1-15.)

15 (510 ILCS 68/105-40)

16 Sec. 105-40. Power of entry and examination; access to 
17lands and waters. Authorized employees of the Department are 
18empowered, under law, to enter all lands and waters to enforce 
19the provisions of this Act. Authorized employees are further 
20empowered to examine all buildings, private or public clubs 
21(except dwellings), fish markets, cold storage houses, locker 
22plants, reptile shows, pet stores, camps, vessels, cars 
23(except sealed railroad cars or other sealed common carriers), 
24conveyances, vehicles, watercraft, or any other means of 
 
 
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1transportation or shipping, tents, bags, game bags 
2pillowcases, coats, jackets, or other receptacles and to open 
3any box, barrel, package, or other receptacle in the 
4possession of a common carrier, that they have reason to 
5believe contains a herptile reptile or amphibian life or any 
6part of a herptile reptile or amphibian life taken, bought, 
7sold or bartered, shipped, or had in possession contrary to 
8this Act, including administrative rules, or that the 
9receptacle containing the herptile reptile or amphibian is 
10falsely labeled.
11 Authorized employees of the Department shall be given free 
12access to and shall not be hindered or interfered with in 
13making an entry and examination and any permit issued by the 
14Department that is held by the person preventing such free 
15access or interfering with or hindering such authorized 
16employee shall be subject to confiscation by the Department. 
17The Department shall not issue any permit to a person who 
18prevented free access or interfered with or hindered an 
19employee . Any permit or license held by a person preventing 
20free access or interfering with or hindering an employee shall 
21not be issued to that person for the period of one year after 
22his or her action.
23 Employees of the Department, as specifically authorized by 
24the Director, are empowered to enter all lands and waters for 
25the purpose of herptile reptile or amphibian investigations, 
26State and federal permit inspections, as well as herptile 
 
 
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1reptile or amphibian censuses or inventories, and are further 
2empowered to conduct examination of equipment and devices in 
3the field, under law, to ensure compliance with this Act.

4(Source: P.A. 98-752, eff. 1-1-15.)

5 (510 ILCS 68/105-55)
6 Sec. 105-55. Illegal collecting devices; public nuisance. 
7Every collecting device, including seines, nets, traps, 
8pillowcases, bags, snake hooks or tongs, or any electrical 
9device or any other devices including vehicles or conveyance, 
10watercraft, or aircraft used or operated illegally or 
11attempted to be used or operated illegally by any person in 
12taking, transporting, holding, or conveying any herptile 
13reptile or amphibian life or any part or parts of a herptile of 
14reptile or amphibian life, contrary to this Act, including 
15administrative rules, shall be deemed a public nuisance and 
16therefore illegal and subject to seizure and confiscation by 
17any authorized employee of the Department. Upon the seizure of 
18this item, the Department shall take and hold the item until 
19disposed of as provided in this Act.
20 Upon the seizure of any device because of its illegal use, 
21the officer or authorized employee of the Department making 
22the seizure shall, as soon as reasonably possible, cause a 
23complaint to be filed before the circuit court and a summons to 
24be issued requiring the owner or person in possession of the 
25property to appear in court and show cause why the device 
 
 
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1seized should not be forfeited to the State. Upon the return of 
2the summons duly served or upon posting or publication of 
3notice as provided in this Act, the court shall proceed to 
4determine the question of the illegality of the use of the 
5seized property. Upon judgment being entered that the property 
6was illegally used, an order shall be entered providing for 
7the forfeiture of the seized property to the State. The owner 
8of the property may have a jury determine the illegality of its 
9use and shall have the right of an appeal as in other civil 
10cases. Confiscation or forfeiture shall not preclude or 
11mitigate against prosecution and assessment of penalties 
12provided in Article 90 of this Act.
13 Upon seizure of any property under circumstances 
14supporting a reasonable belief that the property was 
15abandoned, lost, stolen, or otherwise illegally possessed or 
16used contrary to this Act, except property seized during a 
17search or arrest, and ultimately returned, destroyed, or 
18otherwise disposed of under order of a court in accordance 
19with this Act, the authorized employee of the Department shall 
20make reasonable inquiry and efforts to identify and notify the 
21owner or other person entitled to possession of the property 
22and shall return the property after the person provides 
23reasonable and satisfactory proof of his or her ownership or 
24right to possession and reimburses the Department for all 
25reasonable expenses of custody. If the identity or location of 
26the owner or other person entitled to possession of the 
 
 
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1property has not been ascertained within 6 months after the 
2Department obtains possession, the Department shall effectuate 
3the sale of the property for cash to the highest bidder at a 
4public auction. The owner or other person entitled to 
5possession of the property may claim and recover possession of 
6the property at any time before its sale at public auction upon 
7providing reasonable and satisfactory proof of ownership or 
8right of possession and reimbursing the Department for all 
9reasonable expenses of custody.
10 Any property forfeited to the State by court order under 
11this Section may be disposed of by public auction, except that 
12any property that is the subject of a court order shall not be 
13disposed of pending appeal of the order. The proceeds of the 
14sales at auction shall be deposited in the Wildlife 
15Preservation and Fish Fund.
16 The Department shall pay all costs of posting or 
17publication of notices required by this Section.
18 Property seized or forfeited under this Section is subject 
19to reporting under the Seizure and Forfeiture Reporting Act. 

20(Source: P.A. 100-512, eff. 7-1-18.)

21 (510 ILCS 68/105-60)

22 Sec. 105-60. Violations; separate offenses. Each act of 
23pursuing, taking, shipping, offered or received for shipping, 
24offering or receiving for shipment, transporting, buying, 
25selling or bartering, or having in one's possession any 
 
 
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1protected herptile reptile or amphibian life or any part or 
2parts of a herptile of reptile or amphibian life, seines, 
3nets, bags, snake hooks or tongs, or other devices used or to 
4be used in violation of this Act, including administrative 
5rules, constitutes a separate offense.

6(Source: P.A. 98-752, eff. 1-1-15.)

7 (510 ILCS 68/105-65)

8 Sec. 105-65. Accessory to violation; accountability. 
9 (a) Any person who aids in or contributes in any way to a 
10violation of this Act, including administrative rules, is 
11individually liable, as a separate offense under this Act, for 
12the penalties imposed against the person who committed the 
13violation.

14 (b) Accountability for any person who aids or contributes 
15in any way to a misdemeanor or felony violation of this Act 
16shall be determined according to the provisions under Section 
175-2 of the Criminal Code of 2012. 
18(Source: P.A. 98-752, eff. 1-1-15.)

19 (510 ILCS 68/105-75)

20 Sec. 105-75. Wildlife Preservation and Fish Fund; 
21disposition of money received. All fees, fines, income of 
22whatever kind or nature derived from herptile reptile and 
23amphibian activities regulated by this Act on lands, waters, 
24or both under the jurisdiction or control of the Department 
 
 
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1and all penalties collected under this Act shall be deposited 
2into the State treasury and shall be set apart in a special 
3fund known as the Wildlife Preservation and Fish Fund.

4(Source: P.A. 98-752, eff. 1-1-15.)

5 (510 ILCS 68/105-80)

6 Sec. 105-80. Ownership and title of wild indigenous 
7reptiles and amphibians. The ownership of and title to all 
8wild indigenous herptile reptile and amphibian life within the 
9boundaries of the State are hereby declared to be in the State 
10and no wild indigenous herptile reptile and amphibian life 
11shall be taken or killed, in any manner or at any time, unless 
12the person or persons taking or killing the wild indigenous 
13reptile and amphibian life shall consent that the title to the 
14wild indigenous herptile reptile and amphibian life shall be 
15and remain in the State for the purpose of regulating the 
16taking, killing, possession, use, sale, and transportation of 
17wild indigenous herptile reptile and amphibian life after 
18taking or killing, as set forth in this Act.

19(Source: P.A. 98-752, eff. 1-1-15.)

20 (510 ILCS 68/105-90)

21 Sec. 105-90. Taking on private property. It is unlawful 
22for any person to take or attempt to take any species of 
23reptile or amphibian, or parts thereof, within or upon the 
24land of another, or upon waters flowing over or standing on the 
 
 
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1land of another, without first obtaining permission from the 
2owner or the owner's designee. For the purposes of this 
3Section, the owner's designee means anyone who the owner 
4designates in a written authorization and the authorization 
5must contain (i) the legal or common description of property 
6for which the authority is given, (ii) the extent that the 
7owner's designee is authorized to make decisions regarding who 
8is allowed to take or attempt to take any species of reptiles 
9or amphibians, or parts thereof, and (iii) the owner's 
10notarized signature. Before enforcing this Section, the law 
11enforcement officer must have received notice from the owner 
12or the owner's designee of a violation of this Section. 
13Statements made to a law enforcement officer regarding this 
14notice shall not be rendered inadmissible by the hearsay rule 
15when offered for the purpose of showing the required notice. 
16Any person who violates this Section shall be guilty of a Class 
17B misdemeanor.

18(Source: P.A. 98-752, eff. 1-1-15.)

19 (510 ILCS 68/105-95)

20 Sec. 105-95. Financial value of herptiles. 
21 (a) For purposes of this Act, replacement cost shall be 
22used to determine the financial value of the herptile species 
23protected by this Act, but in no case shall the minimum value 
24of any species protected under this Act be less than the 
25following: For purposes of this Section, the financial value 
 
 
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1of all reptiles and amphibians described under this Act taken, 
2possessed, or used in violation of this Act, whether in whole 
3or in part, is as follows:
4  (1) for processed turtle parts, $8 for each pound or 
5 fraction of a pound; for each non-processed turtle, $15 
6 per whole turtle or fair market value, whichever is 
7 greater;

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

8 (b) (Blank). The trier of fact may infer that a person 
9"knowingly possesses" a reptile or amphibian, in whole or in 
10part, captured or killed in violation of this Act, valued at or 
11in excess of $600, as per value specified in paragraphs (1), 
12(2), (3), and (4) of subsection (a) of this Section.


13(Source: P.A. 98-752, eff. 1-1-15; 99-78, eff. 7-20-15.)

14 (510 ILCS 68/110-5)

15 Sec. 110-5. Exemptions. When acting in their official 
16capacity, the following entities and their agents are exempt 
17from Section 75-5 Articles 75 and 85-5 85 of this Act:

18  (1) public zoos or aquaria accredited by the 
19 Association of Zoos and Aquariums or the Zoological 
20 Association of America;

21  (2) licensed veterinarians or anyone operating under 
22 the authority of a licensed veterinarian who is actively 
23 treating a special use herptile that is being maintained 
24 in the veterinarian facility in accordance with Sections 
25 10-25, 20-15, and 25-15 of this Act in order to prevent the 
 
 
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1 escape of the herptile and protect public health and 
2 safety;

3  (3) (blank); wildlife sanctuaries;

4  (4) accredited research or medical institutions;

5  (5) licensed or accredited educational institutions;

6  (6) circuses licensed and in compliance with the 
7 Animal Welfare Act and all rules adopted by the Department 
8 of Agriculture;

9  (7) federal, State, and local law enforcement 
10 officers, including animal control officers acting under 
11 the authority of this Act;

12  (8) members of federal, State, or local agencies 
13 approved by the Department; and 
14  (9) (blank); any bona fide wildlife rehabilitation 
15 facility licensed or otherwise authorized by the 
16 Department; and

17  (10) any motion picture or television production 
18 company that uses licensed dealers, exhibitors, and 
19 transporters under the federal Animal Welfare Act, 7 
20 U.S.C. 2132.


21(Source: P.A. 98-752, eff. 1-1-15.)

22 Section 10. The Illinois Endangered Species Protection Act 
23is amended by changing Sections 3, 4, and 5 as follows:




24 (520 ILCS 10/3) (from Ch. 8, par. 333)



 
 
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1 Sec. 3. It is unlawful for any person: 


2  (1) to possess, take, transport, sell, offer for
sale, 
3 give or otherwise dispose of any animal or the product 
4 thereof of any
animal species which occurs on the Illinois 
5 List, unless otherwise authorized by law;


6  (2) to deliver, receive, carry, transport or ship in

7 interstate or foreign commerce plants listed as endangered 
8 by the federal
government without a permit
therefor issued 
9 by the Department as provided in Section 4 of this Act;


10  (3) to take plants on the Illinois List without the

11 express written permission of the landowner; or


12  (4) to sell or offer for sale
plants or plant products 
13 of endangered species on the Illinois List.

14(Source: P.A. 91-357, eff. 7-29-99.)





15 (520 ILCS 10/4) (from Ch. 8, par. 334)



16 Sec. 4. 
Upon receipt of proper application and approval of 
17the
same, the Department may issue to any qualified
person a 
18permit which allows the
taking, possession, transport, 
19purchase, or
disposal of specimens or products of an 
20endangered
or threatened species of animal or federal 
21endangered plant after the
effective date of this Act for

22justified purposes, that will enhance the survival of the 
23affected
species by zoological, botanical or educational or

24for scientific purposes only. Section 5-20 of the 
25Herptiles-Herps Act has provisions for permits to acquire, 
 
 
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1breed, and sell captive, legally obtained endangered and 
2threatened amphibians and reptiles. Rules for the issuance and 
3maintenance
of permits shall be promulgated by the Department 
4after consultation with
and written approval of the Board. The 
5Department shall, upon
notice and hearing, revoke the permit 
6of any holder thereof upon
finding that the person is not 
7complying with the terms of the permit,
the person is 
8knowingly providing incorrect or inadequate information, the 
9activity
covered by the permit is placing the species in undue 
10jeopardy, or for
other cause.

11(Source: P.A. 98-752, eff. 1-1-15.)





12 (520 ILCS 10/5) (from Ch. 8, par. 335)



13 Sec. 5. 
(a) Upon receipt of proper application and 
14approval of
same, the Department may issue a limited
permit 
15authorizing the possession, purchase or disposition of
animals 
16or animal products of an
endangered or threatened species, or 
17federal endangered plants to
any person which had in its 
18possession prior to
the effective date of this Act such an item 
19or which obtained such an
item legally out-of-state. Such 
20permit shall specifically name and describe
each pertinent 
21item possessed by the permit holder and shall be valid only
for 
22possession, purchase or disposition of the items so named.
The 
23Department may require proof that acquisition of such items 
24was
made before the effective date of this Act. The Department

25may also issue a limited permit authorizing the
possession, 
 
 
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1purchase or disposition of live animals or such item to
any 
2person to whom a holder
of a valid permit issued pursuant to 
3this section gives, sells, or
otherwise transfers the item 
4named in the permit. Section 5-20 of the Herptiles-Herps Act 
5has provisions for permits to acquire, breed, and sell 
6captive, legally obtained endangered and threatened amphibians 
7and reptiles. Limited permits
issued pursuant to this section 
8shall be valid only as long
as the item remains in the 
9possession of the person to whom
the permit was issued.

10 (b) The limited permit shall be revoked by the
Department 
11if it finds that the holder has received it on the basis of

12false information, is not complying with its terms, or for 
13other cause.

14(Source: P.A. 98-752, eff. 1-1-15.)".