Sen. James F. Clayborne, Jr.

Filed: 3/15/2013

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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. Home rule. A municipality or county may adopt

4 an ordinance governing amphibian and reptile species that is

5 more restrictive than this Act.

6 Section 1-20. Definitions. For the purposes of this Act,

7 unless the context clearly requires otherwise the following

8 terms are defined as:

9 "Administrative rule" means a regulatory measure issued by

10 the Director under this Act.

11 "Authorized law enforcement officer" means all sworn

12 members of the Law Enforcement Division of the Department and

13 those persons specifically granted law enforcement

14 authorization by the Director.

15 "Culling" means rejecting or discarding.

16 "Department" means the Illinois Department of Natural

17 Resources.

18 "Director" means the Director of the Illinois Department of

19 Natural Resources.

20 "Educational program" means a program of organized

21 instruction or study for providing education, intended to meet

22 a public need.

23 "Endangered or threatened species" means any species

24 listed as endangered or threatened to the species level on

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1 either the Illinois List of Endangered and Threatened Fauna or

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

3 and Endangered Species.

4 "Herptile" means collectively any amphibian or reptile

5 taxa, whether indigenous to this State or not.

6 "Indigenous or native taxa" means those amphibians and

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

8 this State.

9 "Medically significant" means a venomous or poisonous

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

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

12 immediate care of a physician. These species are usually

13 categorized as being "medically significant" or "medically

14 important".

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

16 possession of a herptile.

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

18 organization, trade or professional association, firm, limited

19 liability company, joint venture, or group.

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

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

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

23 right to a herptile.

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

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

26 herptiles or herptiles together with other animals are

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

2 available for public display.

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

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

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

6 raising, selling turtles, or any combination commercially for

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

8 to pet suppliers, exporters, and food industries.

9 "Wildlife sanctuary" means any non-profit organization

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

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

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

13 refuge where wild animals are provided care for their lifetime

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

15 activities on animals in its possession that are not inherent

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

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

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

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

20 Section 1-25. Financial value of herptiles.

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

22 all reptiles and amphibians described under this Act taken in

23 violation of the Illinois Conservation Law, whether dressed or

24 not dressed, is as follows:

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

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

2 whole turtle;

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

4 snakes, $5 per herptile in whole or in part; and

5 (3) any person who, for profit or commercial purposes,

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

7 sells, offers to barter, barters, offers to purchase,

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

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

10 transportation, transports, or causes to be transported,

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

12 transportation, carriage, or export any reptile or

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

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

15 amphibian life, in whole or in part, is valued in excess of

16 a total of $300, as per value specified in subparagraphs

17 (1) and (2) of this Section commits a Class 3 felony.

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

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

20 captured or killed in violation of this Act, valued in excess

21 of $600, as per value specified in subparagraphs (1) and (2) of

22 subsection (a) of this Section.

23 ARTICLE 5. INDIGENOUS OR

24 NATIVE HERPTILE TAXA

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1 Section 5-5. Possession limits.

2 (a) The possession limit for indigenous amphibian and

3 reptile taxa (excluding common snapping turtles and bullfrogs)

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

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

6 intended for commercial purposes, is exempt from the possession

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

8 amphibians and reptiles shall be released at site of adult

9 capture after birth.

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

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

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

13 within this State except for scientific purposes, with a

14 Herptile Scientific Collection permit.

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

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

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

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

19 possession of the captor shall be immediately released at the

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

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

22 release without harm. All common snapping turtles and bullfrogs

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

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

25 personal consumption is permitted.

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

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

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

3 documentation exists stating that the animals were legally

4 collected from the wild outside of this State.

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

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

7 obtaining and possessing either a Herptile Scientific

8 Collection permit or Herpetoculture permit from the

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

10 fishing license is required for residents to legally collect

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

12 permission. Collecting herptiles on public lands shall require

13 additional permits.

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

15 allowed possession limit, shall first apply to the Department

16 for a Herptile Scientific Collection permit or Herpetoculture

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

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

19 Department.

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

21 intergrade or hybrid specimens, the Department retains the

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

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

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

25 as well as the Illinois Endangered Species Protection Act if

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

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1 possession limit.

2 Section 5-10. Commercialization; herpetoculture.

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

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

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

6 State for commercial purposes unless otherwise authorized by

7 law.

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

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

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

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

12 animals were legally collected from the wild outside this

13 State.

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

15 intergrade or hybrid specimens, the Department retains the

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

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

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

19 as well as the Illinois Endangered Species Protection Act if

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

21 possession limit.

22 (d) A valid, Department issued Herpetoculture permit shall

23 apply only to indigenous herp taxa. A Herpetoculture permit

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

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

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

2 are disturbed in the course of searching for reptiles and

3 amphibians shall be returned to as near its original position

4 and condition as possible, for example overturned stones and

5 logs shall be restored to their original locations.

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

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

8 listed in the Illinois Endangered Species Protection Act or

9 subsequent administrative rules, except as provided by that

10 Act.

11 (b) Any Department permitted threatened or endangered

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

13 overall possession under the permitting system set forth in

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

15 officially recorded with the Department's Endangered Species

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

17 list also requires a Department permit for possession,

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

19 through the Department.

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

21 intergrade or hybrid specimens, the Department retains the

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

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

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

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1 well as the Illinois Endangered Species Protection Act if

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

3 possession limit.

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

5 the Illinois Endangered Species Protection Act.

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

7 current, existing permit holders shall be reported to the

8 Department in writing no later than the first business day

9 after that change occurred. Requests for permits by any

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

11 be issued after-the-fact.

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

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

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

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

16 permittee, shall be set by administrative rule.

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

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

19 taken by the owners or bonafide tenants of lands actually

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

21 and sisters permanently residing with them.

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

23 devices.

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

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

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

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

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

5 (1) All individuals taking bullfrogs shall possess a

6 valid sport fishing license and may take bullfrogs only

7 during the open season of June 15 through August 31, both

8 dates inclusive. Bullfrogs may only be taken by hook and

9 line, gig, pitchfork, spear, bow and arrow, hand, or

10 landing net.

11 (2) The daily catch limit for all properly licensed

12 persons is 12 bullfrogs. The possession limit total is 24

13 bullfrogs.

14 (3) All persons taking common snapping turtles shall

15 possess a valid sport fishing license and may take common

16 snapping turtles only during the open season of June 15

17 through August 31, both dates inclusive. Common snapping

18 turtles (Chelydra serpentina) may be taken only by hand,

19 hook and line, or bow and arrow, except in the counties

20 listed in Section 5-35 where bowfishing for common snapping

21 turtles is not allowed.

22 (4) The daily catch limit for all properly licensed

23 persons is 2 common snapping turtles. The possession limit

24 total is 4 common snapping turtles.

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

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

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1 not limited to, any sport fishing method.

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

3 amphibians. Unless otherwise allowed by law or administrative

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

5 any method is prohibited in the following areas:

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

7 Union County. The closed area shall include the Research

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

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

10 the intersection of Forest Road 345 with the Missouri

11 Pacific railroad tracks.

12 In the following counties bowfishing for common snapping

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

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

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

16 additional counties added through administrative rule.

17 Section 5-40. Additional protective regulations.

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

19 rule, taking of the following species of reptiles and

20 amphibians is prohibited:

21 Copperbelly water snake (Nerodia erythrogaster neglecta)

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

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

24 Saline, Wabash, Wayne, and White counties.

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

2 treated as a listed threatened or endangered species within

3 this State. The copperbelly water snakes shall receive all

4 protection benefits and incidental take regulations as

5 described under the Illinois Endangered Species Protection

6 Act.

7 (c) Because the range of the 2 species of Nerodia

8 erythrogaster overlap in southern Illinois, and the meristic

9 characters that separate these 2 subspecies is often

10 problematic, the Department retains the authority to classify

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

12 subspecies: neglecta. Specimens determined by the Department,

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

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

15 Endangered Species Protection Act.

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

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

18 translocated, or populations repatriated within this State

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

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

21 post-release.

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

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

24 ARTICLE 10. VENOMOUS REPTILES

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

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

3 venomous species of the families or genera of the Order

4 Squamata: Helodermatidae, such as gila monsters and beaded

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

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

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

8 burrowing asps; specified Colubridae addressed by

9 administrative rule, in the following genera: West Indian

10 racers (Alsophis); boigas and mangrove snakes (Boiga); road

11 guarders (Conophis); Boomslangs (Dispholidus); false water

12 cobras (Hydrodynastes); varied or hooded keelbacks

13 (Macropisthodon); Malagasy cat-eyed snakes (Madagascarophis);

14 Montpellier snakes (Malpolon); kukri snakes (Oligodon);

15 collared snakes (Phalotris); palm snakes or green racers

16 (Philodryas); sand snakes or racers (Psammophis); keelbacks

17 (Rhabdophis); Lichtenstein's green racer (Philodryas

18 olfersii); beaked snakes (Rhamphiophis); twig snakes

19 (Thelotornis); black tree snakes (Thrasops); Pampas snakes

20 (Tomodon); Wagler's snakes (Waglerophis); false fer-de-lances

21 (Xenodon); specimens or eggs of the brown tree snake (Boiga

22 irregularis); and any other species added through legislative

23 process designated.

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

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

2 violating that Article has had the venomous reptile surgically

3 altered to render it harmless.

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

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

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

7 residents using approved venomous reptile species only for

8 bonafide educational programs, following an inspection and

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

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

11 Unless addressed or exempted by administrative rule, annual

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

13 set by the Department by administrative rule and documented

14 proof of educational programs completed on the recipient's

15 letterhead. Prospective permittees must have 250 documented

16 hours of experience with venomous reptiles. The Department or

17 the Department of Agriculture reserves the right to inspect

18 permittees and facilities during reasonable hours. Additions

19 to permits must be approved prior to acquisition of additional

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

21 Department in writing no later than the first business day

22 after that change occurred.

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

24 keep legally obtained venomous reptile specimens native to the

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1 United States, except the following species: Eastern

2 diamondback rattlesnakes (Crotalus adamanteus); Western

3 diamondback rattlesnakes (Crotalus atrox); Mojave rattlesnakes

4 (Crotalus scutulatus); Southern Pacific rattlesnakes (Crotalus

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

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

7 timber/canebrake rattlesnakes (Crotalus horridus) specifically

8 from Georgia, known as "Type A".

9 Except for Boomslangs (Dispholidus), twig snakes

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

11 racer (Philodryas olfersii), brown tree snake (Boiga

12 irregularis), and medically significant snakes in the family

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

14 possessed by permit.

15 Section 10-25. Maintenance of venomous reptiles.

16 Permittees shall keep approved venomous reptiles in strong

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

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

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

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

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

22 location of antivenom and contact information of the person or

23 organization possessing the antivenom.

24 Section 10-30. Educational programs with approved venomous

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1 reptiles. Permittees shall keep approved venomous reptiles in

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

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

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

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

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

7 of antivenom and contact information of the person or

8 organization possessing the antivenom. Interiors of enclosures

9 may not be accessible to the public.

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

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

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

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

14 reptile to any public venue, commercial establishment, retail

15 establishment, or educational institution shall only be for

16 bonafide educational programs or veterinary care.

17 Section 10-40. Additional regulations. Venomous reptiles

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

19 The Department may approve limited transfers among existing

20 permittees at the sole discretion of the Department.

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

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

23 reptiles in bonafide educational programs. The fee for the

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

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1 be deposited into the Fish and Wildlife Fund.

2 ARTICLE 15. BOAS,

3 PYTHONS, AND ANACONDAS

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

5 prohibit lawfully acquired possession of any of the Boidae

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

7 maintenance requirements from the Department as set forth in

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

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

10 annual fee, and liability insurance coverage.

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

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

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

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

15 being used for bonafide educational programs or trips for

16 veterinary care.

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

18 and anacondas. During any bonafide educational program

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

20 agent must maintain physical possession of the snake at all

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

22 or containers used during educational programs may not be

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1 accessible to the public.

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

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

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

5 enclosure at all times.

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

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

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

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

10 pythons, or anacondas removed from cages for examination or

11 onlooker interaction must be kept confined either behind or at

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

13 accessible to the public.

14 ARTICLE 20. CROCODILIANS

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

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

17 gavials.

18 Section 20-10. Crocodilian permit requirements. In

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

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

21 residents using crocodilian species only for bonafide

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1 educational programs, following an inspection and approval of

2 the proposed facilities. A minimum of 6 documented programs

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

4 addressed or exempted by administrative rule, annual permit

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

6 the Department and documented proof of educational programs

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

8 Department of Agriculture reserves the right to inspect of

9 permittees and facilities during reasonable hours. Additions

10 to permits must be approved prior to acquisition of additional

11 crocodilians, and any changes shall be reported to the

12 Department in writing no later than the first business day

13 after that change occurred.

14 Section 20-15. Maintenance of crocodilians. Permittees

15 shall keep crocodilians maintained in suitable, strong, impact

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

17 used for bonafide educational programs or trips for veterinary

18 care.

19 Section 20-20. Educational programs with crocodilians.

20 During any bonafide educational program involving

21 crocodilians, the owner or affiliated agent must maintain

22 physical possession and control of the crocodilian at all times

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

24 containers used during educational programs may not be

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1 accessible to the public. Crocodilians removed from their cage

2 or enclosure for educational programs must have either the

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

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

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

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

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

8 crocodilian to any public venue, commercial establishment,

9 retail establishment, or educational institution shall only be

10 for bonafide educational programs or veterinary care.

11 Section 20-30. Additional regulations. Crocodilians shall

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

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

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

15 crocodilians in bonafide educational programs. The fee for this

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

17 be deposited into the Fish and Wildlife Fund.

18 ARTICLE 25. MONITOR LIZARDS

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

20 members of the Varanidae family, specifically crocodile

21 monitors as well as Komodo dragons.

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

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

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

4 residents using monitor lizard species only for bonafide

5 educational programs, following an inspection and approval of

6 the proposed facilities. A minimum of 6 documented programs

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

8 addressed or exempted by administrative rule, annual permit

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

10 the Department and documented proof of educational programs

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

12 Department of Agriculture reserves the right to inspect of

13 permittees and facilities during reasonable hours. Additions

14 to permits must be approved prior to acquisition of additional

15 monitor lizards, and any changes shall be reported to the

16 Department in writing no later than the first business day

17 after that change occurred.

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

19 shall keep monitor lizards maintained in suitable, strong,

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

21 being used for bonafide educational programs or trips for

22 veterinary care.

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

24 During any bonafide educational program involving monitor

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1 lizards, the owner or affiliated agent must maintain physical

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

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

4 containers used during educational programs may not be

5 accessible to the public. Monitor lizards removed from their

6 cage or enclosure for educational programs must have either the

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

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

9 public.

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

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

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

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

14 establishment, retail establishment, or educational

15 institution shall only be for bonafide educational programs or

16 veterinary care.

17 Section 25-30. Additional regulations. Monitor lizards

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

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

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

21 lizards in bonafide educational programs. The fee for the

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

23 be deposited into the Fish and Wildlife Fund.

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1 ARTICLE 30. TURTLES

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

3 offer to sell any species of aquatic or semi-aquatic turtles in

4 the Order Testudines (except for the terrestrial tortoises in

5 the family Testudinidae) with a carapace length of 4 inches or

6 less or their eggs within this State.

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

8 commercially farmed in this State.

9 ARTICLE 35. AMPHIBIANS

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

11 significant poisonous amphibians capable of causing bodily

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

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

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

15 significant and shall only be allowed for bonafide educational

16 purposes or research purposes by exempted institutions.

17 Poison dart frogs bred and raised in captivity shall be

18 exempt from the permit process.

19 ARTICLE 40. HERPTILE SCIENTIFIC

20 COLLECTION PERMITS

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1 Section 40-5. Permit issuance. Herptile Scientific

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

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

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

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

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

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

8 threatened but now protected under this Act. A Herptile

9 Scientific Collection permit may be granted to qualified

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

11 herptiles not listed as endangered or threatened but protected

12 by this Act for permanent donation to bonafide public or state

13 scientific, educational, or zoological institutions.

14 Collecting herptiles on public lands shall require additional

15 permits.

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

17 standards for a Herptile Scientific Collection permit shall be

18 provided by administrative rule. The Department shall set forth

19 applicable rules covering qualifications and facilities needed

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

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

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

23 in writing upon forms furnished by the Department. These

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

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

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

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

3 that the Department considers necessary.

4 ARTICLE 45. HERPTILE SCIENTIFIC

5 COLLECTION PERMIT APPLICATION AND FEES

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

7 a Herptile Scientific Collection permit must file an

8 application with the Department on a form provided by the

9 Department. The application must include all information and

10 requirements as set by administrative rule. The application for

11 these permits shall be reviewed by the Department to determine

12 if a permit should be issued.

13 Unless addressed or exempted by administrative rule,

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

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

16 Scientific Collection permit shall be set by administrative

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

18 additional procedures for the renewal of a Herptile Scientific

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

20 and Wildlife Fund.

21 ARTICLE 50. HERPETOCULTURE PERMITS

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

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

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

3 shall procure a permit from the Department. Herptiles

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

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

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

7 sale within this State.

8 Section 50-10. Permit requirements. Herpetoculture permit

9 holders shall maintain written records of all herptiles

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

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

12 transaction and shall be made immediately available to

13 authorized employees of the Department upon request. These

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

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

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

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

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

19 shall be forwarded to the Department upon request.

20 The criteria and standards for a Herpetoculture permit

21 shall be provided by administrative rule. The Department shall

22 set forth applicable rules, including a list of herptiles

23 indigenous to this State.

24 ARTICLE 55. HERPETOCULTURE

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1 PERMITS APPLICATION AND FEES

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

3 for a Herpetoculture permit must file an application with the

4 Department on a form provided by the Department. The

5 application must include all information and requirements as

6 set forth by administrative rule. The application for these

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

8 permit should be issued.

9 Unless addressed or exempted by administrative rule,

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

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

12 Herpetoculture permit shall be set by administrative rule. The

13 Department shall adopt, by administrative rule, any additional

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

15 shall be deposited into the Fish and Wildlife Fund.

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

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

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

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

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

21 The Department shall adopt, by administrative rule,

22 additional procedures for the renewal of annual Herpetoculture

23 permits.

24 Section 55-10. Additional regulations. Nothing in

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1 Articles 50 and 55 shall be construed to give permittees

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

3 otherwise commercialize any herptile or parts thereof from

4 herptiles indigenous to this State, either partially or in

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

6 Any offspring resulting from the breeding of herptiles

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

8 the other parent from non-Illinois stock or captive bred stock,

9 may not be legally sold or otherwise commercialized and shall

10 be treated as indigenous or native Illinois herp taxa subject

11 to Article 5 of this Act.

12 Color or pattern variations (morphs) of any herptile

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

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

15 intergrade or hybrid specimens, the Department retains the

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

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

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

19 as well as the Illinois Endangered Species Protection Act if

20 applicable.

21 ARTICLE 60. HERPTILE SPECIAL

22 USE PERMIT REQUIREMENTS

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

24 obtaining a Herptile Special Use permit, the following criteria

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1 must be met:

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

3 possessor of the herptile prior to the effective date of

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

5 Personal Possession permit for each special use herptile in

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

7 of this Act; or

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

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

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

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

12 The applicant must comply with all requirements of this Act

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

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

15 Special Use permit, the applicant must provide proof of

16 liability insurance or surety bond in the amount of $100,000

17 for each Herptile Special Use permit up to a maximum of

18 $1,000,000 and the insurance or surety bond is to be maintained

19 during the term of the permit.

20 ARTICLE 65. HERPTILE SPECIAL USE

21 PERMIT APPLICATION AND FEES

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

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

24 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.

3 The annual fee for a residential Herptile Special Use

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

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

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

7 possessor. All fees shall be deposited into the Fish and

8 Wildlife Fund.

9 The Department shall adopt, by administrative rule,

10 procedures for the renewal of annual Herptile Special Use

11 permits.

12 Any person possessing and in legal possession of a special

13 use herptile as stipulated in this Article, that no longer

14 wishes to keep the herptile may be assisted by the Department

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

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

17 effective date of this Act.

18 The Department may issue a Limited Entry permit to an

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

20 complies with the requirements of this Act and all rules

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

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

23 during the permit term, maintain sufficient liability

24 insurance coverage; (iv) pays to the Department along with each

25 application for a Limited Entry permit a non-refundable fee as

26 set by administrative rule, which the Department shall deposit

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1 into the Fish and Wildlife Fund; and (v) uses the herptile for

2 an activity authorized in the Limited Entry permit. A Limited

3 Entry permit shall be valid for not more than 30 consecutive

4 days unless extended by the Department, however, no extension

5 shall be longer than 15 days.

6 ARTICLE 70. SUSPENSION OF

7 PRIVILEGES AND REVOCATION OF

8 HERPTILE SPECIAL USE PERMITS

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

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

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

12 this Act or an administrative rule authorized under this Act

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

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

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

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

17 third or subsequent offense.

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

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

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

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

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

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

24 offense, and for life for a third offense.

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1 A person whose privileges to possess a special use herptile

2 have been suspended or permit revoked may appeal that decision

3 in accordance with the provisions for appealing suspensions and

4 revocations under Section 20-105 of Fish and Aquatic Life Code

5 and Section 3.36 of the Wildlife Code.

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 micro-chipped 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. A person who violates Articles 5, 10, 15, 20,

6 25, 30, 35, 40, 50, or 55 of this Act with a penalty not set

7 forth is guilty of a Class A misdemeanor.

8 All fines and penalties collected under the authority of

9 this Act or its administrative rules shall be deposited into

10 the Fish and Wildlife Fund.

11 ARTICLE 95. CIVIL

12 LIABILITY AND IMMUNITY

13 Section 95-5. Assumption of risk. Each participant who

14 owns, possesses, or keeps a herptile expressly assumes the risk

15 of and legal responsibility for injury, loss, or damage to the

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

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

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

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

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

21 maintain reasonable control of the particular herptile at all

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

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

24 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 under this Act provided that the veterinarian

25 (i) promptly reports violations of this Act of which he or she

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1 has knowledge to a law enforcement agency within 24 hours after

2 becoming aware of the incident; (ii) provides the name,

3 address, and phone number of the person possessing the special

4 use herptile at time of incident or treatment; (iii) provides

5 the name and address of the owner of the special use herptile

6 if known; (iv) identifies the kind and number of special use

7 herptiles being treated; and (v) describes the reason for the

8 treatment of the special use herptile.

9 ARTICLE 100. SEIZURE AND FORFEITURE

10 Section 100-5. Seizure and forfeiture. If any person is

11 found to possess a special use herptile that is in violation of

12 this Act, including any administrative rules, then the special

13 use herptile and any equipment or items used contrary to this

14 Act shall be subject to seizure and forfeiture by the

15 Department. Any special use herptile seized in violation of

16 this Act may immediately be placed in a facility approved by

17 the Department.

18 If a person's special use herptile has been seized by the

19 Department, then the owner and possessor of the special use

20 herptile is liable for the reasonable costs associated with the

21 seizure, placement, testing, and care for the special use

22 herptile from the time of confiscation until the time the

23 special use herptile is relocated to an approved facility or

24 person holding a valid Herptile Special Use permit or is

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1 otherwise disposed of by the Department.

2 Any special use herptile and related items found abandoned

3 shall become the property of the Department and disposed of

4 according to Department rule.

5 The circuit court, in addition to any other penalty, may

6 award any seized or confiscated special use herptiles or items

7 to the Department as provided for in Section 1-215 of the Fish

8 and Aquatic Life Code and Section 1.25 of the Wildlife Code.

9 Further, the court, in addition to any other penalty, may

10 assess a fee upon a person who pleads guilty to the provisions

11 of this Act equal to the amount established or determined to

12 maintain the special use herptile until it is permanently

13 placed in a facility approved by the Department or otherwise

14 disposed of.

15 ARTICLE 105. EXEMPTIONS

16 Section 105-5. Exemptions. When acting in their official

17 capacity, the following entities and their agents are exempt

18 from the requirements of this Act:

19 (1) public zoos or aquaria accredited by the

20 Association of Zoos and Aquariums;

21 (2) licensed veterinarians or anyone operating under

22 the authority of a licensed veterinarian;

23 (3) wildlife sanctuaries;

24 (4) accredited research or medical institutions;

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1 (5) licensed or accredited educational institutions;

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

3 Welfare Act and all rules adopted by the Department of

4 Agriculture;

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

6 officers, including animal control officers acting under

7 the authority of this Act;

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

9 approved by the Department;

10 (9) any bonafide wildlife rehabilitation facility

11 licensed or otherwise authorized by the Department; and

12 (10) any motion picture or television production

13 company that uses licensed dealers, exhibitors, and

14 transporters under the federal Animal Welfare Act, 7 U.S.C.

15 2132.

16 Section 110. The Criminal Code of 2012 is amended by

17 changing Section 48-10 as follows:

18 (720 ILCS 5/48-10)

19 Sec. 48-10. Dangerous animals.

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

21 context otherwise requires:

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

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

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

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

2 does not mean any herptiles that are found in the

3 Herptiles-Herps Act of 2013.

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

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

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

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

8 custodian of a dangerous animal or primate.

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

10 partnership, corporation, or other legal entity, any

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

12 corporation or political subdivision of the State.

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

14 including but not limited to chimpanzee, gorilla,

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

16 and tarsier.

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

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

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

20 animal or primate except at a properly maintained zoological

21 park, federally licensed exhibit, circus, college or

22 university, scientific institution, research laboratory,

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

24 escape-proof enclosure.

25 (c) Exemptions.

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

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

2 continuing to possess that primate if the person registers

3 the animal by providing written notification to the local

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

5 The notification shall include:

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

7 number; and

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

9 description of any tattoo, microchip, or other

10 identifying information, and a list of current

11 inoculations.

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

13 permanently disabled with a severe mobility impairment

14 from possessing a single capuchin monkey to assist the

15 person in performing daily tasks if:

16 (A) the capuchin monkey was obtained from and

17 trained at a licensed nonprofit organization described

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

19 1986, the nonprofit tax status of which was obtained on

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

21 of severely mobility-impaired individuals; and

22 (B) the person complies with the notification

23 requirements as described in paragraph (1) of this

24 subsection (c).

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

26 animal control administrator within 30 days of a change of

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

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

3 animal control administrator within 30 days of moving by

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

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

6 registration.

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

8 animal control administrator immediately if the primate dies,

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

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

11 the person violating subsection (b) has attempted to

12 domesticate the dangerous animal. If there appears to be

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

14 in compliance with the provisions of this Section shall be

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

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

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

18 was obtained shall be confiscated and placed in an approved

19 facility, with the owner responsible for all costs connected

20 with the seizure and confiscation of the animal. Approved

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

22 federally licensed exhibit, humane society, veterinary

23 hospital or animal refuge.

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

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

26 officer, director, manager or managerial agent of the

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1 partnership or corporation who violates this Section or causes

2 the partnership or corporation to violate this Section is

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

4 constitutes a separate offense.

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