Bill Text: IL HB3265 | 2019-2020 | 101st General Assembly | Engrossed

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Bill Title: Reinserts the provisions of the introduced bill with changes. Deletes provision that provides that the alligator snapping turtle (Macrochelys temminckii) is protected and may not be taken by any method including, but not limited to, any sport fishing method. Deletes provision that provides that collection of wild turtles for races or other types of events involving congregating and gathering numbers of wild turtles is prohibited in counties where ranavirus has been documented. Inclusion on the county list shall be determined by rule. Provides that the Department of Natural Resources may investigate, in conjunction with a licensed veterinarian, any disease transmissions in any amphibian or reptile species that could be transmitted or spread, including any natural or captive populations. Provides that any person found guilty of unlawfully taking or possessing any species protected by this Act, shall be assessed a civil penalty for such species in accordance with the values prescribed in the Act. Makes other changes. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Engrossed - Dead) 2019-05-15 - Referred to Assignments [HB3265 Detail]

Download: Illinois-2019-HB3265-Engrossed.html

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AN ACT concerning animals.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Herptiles-Herps Act is amended by changing
Sections 1-5, 1-15, 5-5, 5-20, 5-30, 5-35, 10-40, 20-30, 25-30,
45-5, 55-5, 65-5, 90-5, 100-5, 105-10, 105-35, 105-55, 105-75,
105-100, and 110-5 and by adding Sections 5-2 and 35-10 as
follows:
(510 ILCS 68/1-5)
Sec. 1-5. Purpose. For purposes of this Act, reptiles and
amphibians shall be exempt from the definition of "aquatic
life" under Section 1-20 of the Fish and Aquatic Life Code,
except for regulating fishing and consumptive take of herptile
species. All rules and enforcement actions under the Illinois
Conservation Law, the Illinois Endangered Species Protection
Act, and the dangerous animals provisions in Section 48-10 of
the Criminal Code of 2012 related to reptiles and amphibians
shall be covered exclusively by this Act.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/1-15)
Sec. 1-15. Definitions. For the purposes of this Act,
unless the context clearly requires otherwise, the following

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terms are defined as:
"Administrative rule" means a regulatory measure issued by
the Director under this Act.
"Authorized law enforcement officer" means all sworn
members of the Law Enforcement Division of the Department and
those persons specifically granted law enforcement
authorization by the Director.
"Bona fide scientific or educational institution" means
confirming educational or scientific tax-exemption, from the
federal Internal Revenue Service or the applicant's national,
state, or local tax authority, or a statement of accreditation
or recognition as an educational institution.
"Contraband" means all reptile or amphibian life or any
part of reptile or amphibian life taken, bought, sold or
bartered, shipped, or held in possession or any conveyance,
vehicle, watercraft, or other means of transportation
whatsoever, except sealed railroad cars or other sealed common
carriers, used to transport or ship any reptile or amphibian
life or any part of reptile or amphibian life taken, contrary
to this Act, including administrative rules, or used to
transport, contrary to this Act, including administrative
rules, any of the specified species when taken illegally.
"Culling" means picking out from others and removing
rejected members because of inferior quality.
"Department" means the Illinois Department of Natural
Resources.

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"Director" means the Director of the Illinois Department of
Natural Resources.
"Educational program" means a program of organized
instruction or study for providing education intended to meet a
public need.
"Endangered or threatened species" means any species
listed as endangered or threatened to the species level on
either the Illinois List of Endangered and Threatened Fauna or
the federal U.S. Fish and Wildlife Service List of Threatened
and Endangered Species.
"Herptile" means collectively any amphibian or reptile
taxon, whether indigenous to this State or not.
"Indigenous or native taxa" means those amphibians and
reptiles to the subspecies level that can be found naturally in
this State.
"Individual" means a natural person.
"Medically significant" means a venomous or poisonous
species whose venom or toxin can cause death or serious illness
or injury in humans that may require emergency room care or the
immediate care of a physician. These species are categorized as
being "medically significant" or "medically important".
"Owner" means an individual who has a legal right to the
possession of a herptile.
"Person" means any individual, partnership, corporation,
organization, trade or professional association, firm, limited
liability company, joint venture, or group.

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"Possession limit" means the maximum number or amount of
herptiles that can be lawfully held or possessed by one person
at any time.
"Possessor" means any person who possesses, keeps,
harbors, brings into the State, cares for, acts as a custodian
for, has in his or her custody or control, or holds a property
right to a herptile.
"Reptile show" means any event open to the public, for a
fee or without a fee, that is not a licensed pet store, where
herptiles or herptiles together with other animals are
exhibited, displayed, sold, bought, traded, or otherwise made
available for public display.
"Resident" means a person who in good faith makes
application for any license or permit and verifies by statement
that he or she has maintained his or her permanent abode in
this State for a period of at least 30 consecutive days
immediately preceding the person's application, and who does
not maintain permanent abode or claim residency in another
state for the purposes of obtaining any of the same or similar
licenses or permits under this Act. A person's permanent abode
is his or her fixed and permanent dwelling place, as
distinguished from a temporary or transient place of residence.
Domiciliary intent is required to establish that the person is
maintaining his or her permanent abode in this State. Evidence
of domiciliary intent includes, but is not limited to, the
location where the person votes, pays personal income tax, or

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obtains a drivers license. Any person on active duty in the
Armed Forces shall be considered a resident of Illinois during
his or her period of military duty.
"Special use herptile" means any taxon of amphibian or
reptile including, but not limited to, crocodilians, Komodo
dragons, crocodile monitor lizards, or venomous species for
which a Herptile Special Use permit is required to acquire and
possess.
"Take" means possess, collect, catch, detain, hunt, shoot,
pursue, lure, kill, destroy, capture, gig or spear, trap or
ensnare, harass, or an attempt to do so.
"Transport" or "ship" means to convey by parcel post,
express, freight, baggage, or shipment by common carrier or any
description; by automobile, motorcycle, or other vehicle of any
kind; by water or aircraft of any kind; or by any other means
of transportation.
"Turtle farming" means the act of breeding, hatching,
raising, selling turtles, or any combination commercially for
the purpose of providing turtles, turtle eggs, or turtle parts
to pet suppliers, exporters, and food industries.
"Wildlife sanctuary" means any non-profit organization
that: (1) is exempt from taxation under the federal Internal
Revenue Code and is currently confirmed as tax exempt by the
federal Internal Revenue Service; (2) operates a place of
refuge where wild animals are provided care for their lifetime
or released back to their natural range; (3) does not conduct

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activities on animals in its possession that are not inherent
to the animal's nature; (4) does not use animals in its
possession for entertainment; (5) does not sell, trade, or
barter animals in its possession or parts of those animals; and
(6) does not breed animals in its possession.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/5-2 new)
Sec. 5-2. Herptiles under this Act. It shall be unlawful
for any person at any time to take, harass, disturb, possess,
transport, cause to be shipped, commercialize, propagate,
move, relocate, or release into the wild, any herptile whether
dead or alive or the parts of herptiles, including, but not
limited to, their nests and eggs, contrary to provisions of
this Act or administrative rules. Any person who violates this
Section shall be guilty of a Class B misdemeanor.
(510 ILCS 68/5-5)
Sec. 5-5. Possession limits.
(a) The possession limit for indigenous amphibian and
reptile taxa (excluding common snapping turtles and bullfrogs)
is 8 total collectively with no more than 4 per species. Young
of gravid wild-collected amphibians and reptiles shall be
returned to the site of adult capture after birth.
(b) Only residents may possess herptiles collected from the
wild within this State under a valid sport fishing license;

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non-residents may not possess herptiles collected from the wild
within this State except for scientific purposes, with a
Herptile Scientific Collection permit or for personal
consumption as authorized by the Fish and Aquatic Life Code.
(c) All herptile species (other than bullfrogs and common
snapping turtles) may be captured by hand only, unless
authorized. This shall not restrict the use of legally taken
herptiles as bait by anglers as authorized by the Fish and
Aquatic Life Code. Any captured herptiles that are not to be
retained in the possession of the captor shall be immediately
released at the site of capture, unless taken with a lethal
method such as bow and arrow, gig, spear, or pitchfork which
does not permit release without harm. All common snapping
turtles and bullfrogs taken for personal consumption must be
kept and counted in the daily catch creel or bag. No culling of
these 2 species for personal consumption is permitted.
(d) The trier of fact may infer that a person is collecting
from the wild within this State if he or she possesses
indigenous reptiles or amphibians, in whole or in part, if no
documentation exists stating that the animals were legally
collected from the wild outside of this State.
(e) Residents may possess a total of 8 native herp
specimens collectively, with no more than 4 per species,
without obtaining and possessing either a Herptile Scientific
Collection permit or Herpetoculture permit from the
Department, regardless of the origin of the species. A sport

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fishing license is required for residents, unless exempt from a
sport fishing license under Section 20-5 of the Fish and
Aquatic Life Code, to legally collect any native herp taxon on
private land, with the landowner's permission. Collecting
herptiles on public lands shall require additional permits.
(f) Any resident wishing to possess more than his or her
allowed possession limit shall first apply to the Department
for a Herptile Scientific Collection permit or Herpetoculture
permit to do so. Issuance, modification, or denial of any and
all of these permits shall be at the sole discretion of the
Department.
(g) Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or its agents, to fit
into this S/A category shall receive all benefits of this Act,
as well as the Illinois Endangered Species Protection Act if
applicable, and shall be included in an individual's overall
possession limit.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/5-20)
Sec. 5-20. Taking of endangered or threatened species.
(a) No person shall take or possess any of the herptiles
listed in the Illinois Endangered Species Protection Act or
subsequent administrative rules, except as provided by this

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that Act.
(b) Any Department-permitted threatened or endangered
(T/E) herptile species shall be exempt from an individual's
overall possession limit under the permitting system set forth
in this Act. However, any and all T/E specimens shall be
officially recorded with the Department's Endangered Species
Conservation Program. Any species occurring on the federal T/E
list also requires a Department permit for possession,
propagation, sale, or offer for sale unless otherwise permitted
through the Department.
(c) Due to the similarity of appearance (S/A) of certain
intergrade or hybrid specimens, the Department retains the
authority to enforce any and all provisions under this Act.
Specimens determined by the Department, or agents, to fit into
this S/A category shall receive all benefits of this Act, as
well as the Illinois Endangered Species Protection Act if
applicable, and shall be included in an individual's overall
possession limit.
(d) Federally licensed exhibits shall not be exempt from
the Illinois Endangered Species Protection Act or this Act.
(e) Any changes in T/E permit numbers for herptiles by
current, existing permit holders shall be reported to the
Department in writing no later than the first business day
after that change occurred. Requests for permits by any
resident acquiring a T/E species who is not permitted shall not
be issued after-the-fact.

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(f) Annual reports are due by January 31 of each year for
the preceding year's activities. Failure to submit the annual
report by the due date shall result in a permit violation.
(g) An annual fee for herptile T/E species permits, per
permittee, shall be set by administrative rule. All fees for
herptile T/E species permits shall be deposited into the
Wildlife Preservation Fund.
(h) Procedures for acquisition, breeding, and sales of T/E
herptile species shall be set forth in administrative rule.
(i) Record keeping requirements for T/E herptile species
shall be set forth in administrative rule.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/5-30)
Sec. 5-30. Taking of turtles or bullfrogs; illegal devices.
(a) No person shall take turtles or bullfrogs by commercial
fishing devices, including dip nets, hoop nets, traps, or
seines, or by the use of firearms, airguns, or gas guns.
Turtles may be taken only by methods as provided in
administrative rule hand or means of hook and line.
(b) Bullfrog; common snapping turtle; open season.
(1) All individuals taking bullfrogs shall possess a
valid sport fishing license, unless exempt from a sport
fishing license under Section 20-5 of the Fish and Aquatic
Life Code, and may take bullfrogs only during the open
season to be specified by administrative rule. Bullfrogs

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may only be taken by hook and line, gig, pitchfork, spear,
bow and arrow, hand, or landing net.
(2) The daily catch limit and total possession limit
for all properly licensed persons shall be specified by
administrative rule.
(3) All persons taking common snapping turtles shall
possess a valid sport fishing license, unless exempt from a
sport fishing license under Section 20-5 of the Fish and
Aquatic Life Code, and may take common snapping turtles
only during the open season to be specified by
administrative rule. Common snapping turtles (Chelydra
serpentina) may be taken only by methods as provided in
administrative rule hand, hook and line, or bow and arrow,
except in the counties listed in administrative rule
Section 5-35 where bowfishing for common snapping turtles
is not allowed.
(4) The daily catch limit and total possession limit
for all properly licensed persons shall be specified by
administrative rule.
(c) The alligator snapping turtle (Macrochelys temminckii)
is protected and may not be taken by any method including, but
not limited to, any sport fishing method.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/5-35)
Sec. 5-35. Areas closed to the taking of reptiles and

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amphibians.
(a) Unless otherwise provided allowed by law or
administrative rule, the taking of reptiles and amphibians at
any time and by any method is prohibited in the following
areas:
The LaRue-Pine Hills or Otter Pond Research Natural Area in
Union County. The closed area shall include the Research
Natural Area as designated by the U.S. Forest Service and
the right-of-way of Forest Road 345 with Forest Road 236 to
the intersection of Forest Road 345 with the Missouri
Pacific railroad tracks. Unless otherwise authorized,
possession of any collecting equipment is prohibited
within the closed area.
(b) (Blank). In the following counties bowfishing for
common snapping turtles is not permitted: Randolph, Perry,
Franklin, Hamilton, White, Gallatin, Saline, Williamson,
Jackson, Union, Johnson, Pope, Hardin, Massac, Pulaski, and
Alexander, or in any additional counties added through
administrative rule.
(c) Collection of wild turtles for races or other types of
events involving congregating and gathering numbers of wild
turtles is prohibited in counties where ranavirus has been
documented. Inclusion on the county list shall be determined by
rule.
(Source: P.A. 98-752, eff. 1-1-15.)

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(510 ILCS 68/10-40)
Sec. 10-40. Additional regulations. Venomous reptiles
shall not be bred, sold, or offered for sale within this State.
The Department may approve limited transfers among existing
permittees at the sole discretion of the Department.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use venomous
reptiles in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall
be deposited into the Illinois Wildlife Preservation and Fish
Fund.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/20-30)
Sec. 20-30. Additional regulations. Crocodilians shall not
be bred, sold, or offered for sale within this State. The
Department may approve limited transfers among existing
permittees at the sole discretion of the Department.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use
crocodilians in bona fide educational programs. The fee for
this permit shall be set by administrative rule, and all fees
shall be deposited into the Illinois Wildlife Preservation and
Fish Fund.
(Source: P.A. 98-752, eff. 1-1-15.)

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(510 ILCS 68/25-30)
Sec. 25-30. Additional regulations. Monitor lizards shall
not be bred, sold, or offered for sale within this State. The
Department may approve limited transfers among existing
permittees at the sole discretion of the Department.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to use monitor
lizards in bona fide educational programs. The fee for the
permit shall be set by administrative rule, and all fees shall
be deposited into the Illinois Wildlife Preservation and Fish
Fund.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/35-10 new)
Sec. 35-10. Herptile diseases. The Department may
investigate any disease transmissions in any amphibian or
reptile species that could be transmitted or spread, including
any natural or captive populations. Specific herptile
diseases, pathogens, or fungi shall be addressed through
administrative rule. Possession of any herptile harboring a
disease, pathogen, or fungus specified in administrative rule
is subject to confiscation and forfeiture.
(510 ILCS 68/45-5)
Sec. 45-5. Permit application and fees. An applicant for a
Herptile Scientific Collection permit must file an application

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with the Department on a form provided by the Department. The
application must include all information and requirements as
set by administrative rule. The application for these permits
shall be reviewed by the Department to determine if a permit
should be issued.
Unless addressed or exempted by administrative rule,
annual permit renewal must be accompanied by non-refundable fee
as set by the Department. The annual fee for a Herptile
Scientific Collection permit shall be set by administrative
rule. The Department shall adopt, by administrative rule, any
additional procedures for the renewal of a Herptile Scientific
Collection permit. All fees shall be deposited into the
Illinois Fish and Wildlife Preservation Fund.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/55-5)
Sec. 55-5. Permit application and fees. An applicant for a
Herpetoculture permit must file an application with the
Department on a form provided by the Department. The
application must include all information and requirements as
set forth by administrative rule. The application for these
permits shall be reviewed by the Department to determine if a
permit should be issued.
Unless addressed or exempted by administrative rule,
annual permit renewal must be accompanied by a non-refundable
fee as set by the Department. The annual fee for a residential

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Herpetoculture permit shall be set by administrative rule. The
Department shall adopt, by administrative rule, any additional
procedures for the renewal of a Herpetoculture permit. All fees
shall be deposited into the Illinois Wildlife Preservation and
Fish Fund.
As determined by the Department, non-residents may apply
for a permit not to exceed 15 consecutive days to commercialize
herptiles indigenous to this State as outlined in this Article.
The fee for the permit shall be set by administrative rule, and
all fees shall be deposited into the Illinois Wildlife
Preservation and Fish Fund.
The Department shall adopt, by administrative rule,
additional procedures for the renewal of annual Herpetoculture
permits.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/65-5)
Sec. 65-5. Permit application and fees. An applicant for a
Herptile Special Use permit must file an application with the
Department on a form provided by the Department. The
application must include all information and requirements as
set forth by administrative rule.
The annual fee for a residential Herptile Special Use
permit shall be set by administrative rule on a per person
basis. The Herptile Special Use permit shall not be based on
the number of special use herptile kept by an owner or

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possessor. All fees shall be deposited into the Illinois
Wildlife Preservation and Fish Fund.
The Department shall adopt, by administrative rule,
procedures for the renewal of annual Herptile Special Use
permits.
Any person possessing and in legal possession of a special
use herptile as stipulated in this Article that no longer
wishes to keep the herptile may be assisted by the Department,
at no charge to them and without prosecution, to place the
special use herptile in a new home, within 30 days after the
effective date of this Act.
The Department may issue a Limited Entry permit to an
applicant who: (i) is not a resident of this State; (ii)
complies with the requirements of this Act and all rules
adopted by the Department under the authority of this Act;
(iii) provides proof to the Department that he or she shall,
during the permit term, maintain sufficient liability
insurance coverage; (iv) pays to the Department, along with
each application for a Limited Entry permit, a non-refundable
fee as set by administrative rule, which the Department shall
deposit into the Wildlife and Fish Fund; and (v) uses the
herptile for an activity authorized in the Limited Entry
permit. A Limited Entry permit shall be valid for not more than
15 30 consecutive days unless extended by the Department,
however, no extension shall be longer than 15 days.
(Source: P.A. 98-752, eff. 1-1-15.)

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(510 ILCS 68/90-5)
Sec. 90-5. Penalties. A person who violates Article 85 of
this Act is guilty of a Class A misdemeanor for a first offense
and a Class 4 felony for a second or subsequent offense
occurring within one year after a finding of guilt on a first
offense. A person who violates Article 75 of this Act is guilty
of a Class B misdemeanor. Each day of a violation constitutes a
separate offense. Any other violation of this Act is a Class A
misdemeanor unless otherwise stated.
All fines and penalties collected under the authority of
this Act or its administrative rules shall be deposited into
the Illinois Wildlife Preservation and Fish Fund.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/100-5)
Sec. 100-5. Prima facie evidence; confiscation. The
possession of any reptile or amphibian life or any part of
reptile or amphibian life protected under this Act is prima
facie evidence that the reptile or amphibian life or any part
of reptile or amphibian life is subject to the provisions of
this Act, including administrative rules.
Whenever the contents of any box, barrel, package, or
receptacle consists partly of contraband and partly of legal
reptile or amphibian life or any part of reptile or amphibian
life, the entire contents of the box, barrel, or package, or

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other receptacle are subject to seizure and forfeiture
confiscation.
Whenever a person has in his or her possession in excess of
the number of reptile or amphibian life or any parts of reptile
or amphibian life permitted under this Act, including
administrative rules, the entire number of reptile or amphibian
life or any parts of reptile or amphibian life in his or her
possession is subject to seizure and forfeiture confiscation.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-10)
Sec. 105-10. Conservation of reptiles and amphibians. The
Department shall take all measures necessary for the
conservation, distribution, introduction, and restoration of
reptiles and amphibians. After any investigation if it is found
by the Department that there is imminent danger of loss of
native reptiles and amphibians, the Director may authorize the
taking of native reptiles and amphibians from any area and
specify other reasonable limits, methods, and devices as the
Director may deem advisable to salvage imperiled species. The
Department shall also bring or cause to be brought actions and
proceedings, in the name and by the authority of the People of
the State of Illinois, to enforce this Act, including
administrative rules, and to recover any and all fines and
penalties provided for in this Act. Nothing in this Act shall
be construed to authorize the Department to change any penalty

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prescribed by law or to change the amount of license fees or
the authority conferred by licenses prescribed by law. The
Department is authorized to cooperate with the appropriate
Departments of the federal government and other Departments or
agencies of State government and educational institutions in
conducting surveys, experiments, or work of joint interest or
benefit.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-35)
Sec. 105-35. Collection of fines. All fines provided for by
this Act shall be collected and remitted to the Illinois
Department's Wildlife Preservation and Fish Fund, within 30
days after the collection of the fine, by the clerk of the
circuit court collecting the fines who shall submit at the same
time to the Department a statement of the names of the persons
so fined and the name of the arresting officer, the offense
committed, the amount of the fine, and the date of the
conviction.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-55)
Sec. 105-55. Illegal collecting devices; public nuisance.
Every collecting device, including seines, nets, traps,
pillowcases, bags, snake hooks or tongs, or any electrical
device or any other devices including vehicles or conveyance,

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watercraft, or aircraft used or operated illegally or attempted
to be used or operated illegally by any person in taking,
transporting, holding, or conveying any reptile or amphibian
life or any part of reptile or amphibian life, contrary to this
Act, including administrative rules, shall be deemed a public
nuisance and therefore illegal and subject to seizure and
confiscation by any authorized employee of the Department. Upon
the seizure of this item, the Department shall take and hold
the item until disposed of as provided in this Act.
Upon the seizure of any device because of its illegal use,
the officer or authorized employee of the Department making the
seizure shall, as soon as reasonably possible, cause a
complaint to be filed before the circuit court and a summons to
be issued requiring the owner or person in possession of the
property to appear in court and show cause why the device
seized should not be forfeited to the State. Upon the return of
the summons duly served or upon posting or publication of
notice as provided in this Act, the court shall proceed to
determine the question of the illegality of the use of the
seized property. Upon judgment being entered that the property
was illegally used, an order shall be entered providing for the
forfeiture of the seized property to the State. The owner of
the property may have a jury determine the illegality of its
use and shall have the right of an appeal as in other civil
cases. Confiscation or forfeiture shall not preclude or
mitigate against prosecution and assessment of penalties

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provided in Article 90 of this Act.
Upon seizure of any property under circumstances
supporting a reasonable belief that the property was abandoned,
lost, stolen, or otherwise illegally possessed or used contrary
to this Act, except property seized during a search or arrest,
and ultimately returned, destroyed, or otherwise disposed of
under order of a court in accordance with this Act, the
authorized employee of the Department shall make reasonable
inquiry and efforts to identify and notify the owner or other
person entitled to possession of the property and shall return
the property after the person provides reasonable and
satisfactory proof of his or her ownership or right to
possession and reimburses the Department for all reasonable
expenses of custody. If the identity or location of the owner
or other person entitled to possession of the property has not
been ascertained within 6 months after the Department obtains
possession, the Department shall effectuate the sale of the
property for cash to the highest bidder at a public auction.
The owner or other person entitled to possession of the
property may claim and recover possession of the property at
any time before its sale at public auction upon providing
reasonable and satisfactory proof of ownership or right of
possession and reimbursing the Department for all reasonable
expenses of custody.
Any property forfeited to the State by court order under
this Section may be disposed of by public auction, except that

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any property that is the subject of a court order shall not be
disposed of pending appeal of the order. The proceeds of the
sales at auction shall be deposited in the Illinois Wildlife
Preservation and Fish Fund.
The Department shall pay all costs of posting or
publication of notices required by this Section.
Property seized or forfeited under this Section is subject
to reporting under the Seizure and Forfeiture Reporting Act.
(Source: P.A. 100-512, eff. 7-1-18.)
(510 ILCS 68/105-75)
Sec. 105-75. Illinois Wildlife Preservation and Fish Fund;
disposition of money received. All fees, fines, income of
whatever kind or nature derived from reptile and amphibian
activities regulated by this Act on lands, waters, or both
under the jurisdiction or control of the Department and all
penalties collected under this Act shall be deposited into the
State treasury and shall be set apart in a special fund known
as the Illinois Wildlife Preservation and Fish Fund.
(Source: P.A. 98-752, eff. 1-1-15.)
(510 ILCS 68/105-100)
Sec. 105-100. Home rule. A municipality or county may adopt
an ordinance governing amphibian and reptile species captive
ownership that is more restrictive than this Act.
(Source: P.A. 98-752, eff. 1-1-15.)

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(510 ILCS 68/110-5)
Sec. 110-5. Exemptions. When acting in their official
capacity, the following entities and their agents are exempt
from Articles 75 and 85 of this Act:
(1) public zoos or aquaria accredited by the
Association of Zoos and Aquariums or the Zoological
Association of America;
(2) (blank) licensed veterinarians or anyone operating
under the authority of a licensed veterinarian;
(3) (blank) wildlife sanctuaries;
(4) accredited research or medical institutions;
(5) licensed or accredited educational institutions;
(6) circuses licensed and in compliance with the Animal
Welfare Act and all rules adopted by the Department of
Agriculture;
(7) federal, State, and local law enforcement
officers, including animal control officers acting under
the authority of this Act;
(8) members of federal, State, or local agencies or as
otherwise authorized approved by the Department;
(9) (blank) any bona fide wildlife rehabilitation
facility licensed or otherwise authorized by the
Department; and
(10) any non-resident motion picture or television
production company that uses licensed dealers, exhibitors,

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and transporters under the federal Animal Welfare Act, 7
U.S.C. 2132.
(Source: P.A. 98-752, eff. 1-1-15.)
Section 10. The Fish and Aquatic Life Code is amended by
changing Section 1-20 as follows:
(515 ILCS 5/1-20) (from Ch. 56, par. 1-20)
Sec. 1-20. Aquatic life. "Aquatic life" means all fish,
reptiles, amphibians, aquatic mollusks, crustaceans, algae,
aquatic plants, and aquatic invertebrates and any other aquatic
animals or plants that the Department identifies in
administrative rules. Reptiles and amphibians are defined as
"aquatic life" only for regulating fishing and consumptive take
of herptile species in administrative rules. mollusks,
crustaceans, algae, aquatic plants, aquatic invertebrates, and
any other aquatic animals or plants that the Department
identifies in rules adopted after consultation with
biologists, zoologists, or other wildlife experts. "Aquatic
life" does not mean any herptiles that are found in the
Herptiles-Herps Act.
(Source: P.A. 98-752, eff. 1-1-15; 98-771, eff. 1-1-15; 99-78,
eff. 7-20-15.)
Section 99. Effective date. This Act takes effect upon
becoming law.
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INDEX
Statutes amended in order of appearance