Tag Archives: Illinois dangerous animals act

Illinois Introduce the Herptiles-Herps Act

IDNROn January 23, 2014, Illinois Senator John J. Cullerton (D) introduced Senate Bill 902 which pertained to deer hunting.  On February 18, 2014, the primary sponsor of SB 902 was changed to Senator James F. Clayborne, Jr. (D).  On March 17, 2014, Senator Clayborne amended SB 902 into The Illinois Herptiles-Herps Act .  See SB 902 First Amendment.

SB 902 is substantially similar to SB 2362 which was introduced in the 2013 session.  It seeks to carve out all herpetofauna and to deal with them in a separate statutory section all to themselves. It is a proposed “herp code.” It states specifically that:

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. All rules and enforcement actions under the Illinois Conservation Law 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.

Under current Illinois law, it is illegal to privately keep any venomous or life threatening reptile. The Illinois Supreme Court has ruled that pythons of 15′ in length are life threatening and therefore illegal.

SB 902 would lift the prohibition on large constrictors currently in place, and instead proposes certain “captive maintenance requirements” as set forth in the bill are met.

SB 902 would also make it legal to keep certain venomous snakes, crocodilians, Komodo dragons and crocodile monitor lizards with a permit only if used for bona fide educational purposes.

SB 902 makes it unlawful to buy, sell or offer to sell any aquatic or semi-aquatic turtles with a carapace of under 4″ or their eggs in the state. This means that the Illinois State Department of Natural Resources could enforce the 4″ provision of aquatic or semi-aquatic turtles without FDA.

SB 902 imposes insurance requirements and liability on owners of all of the “special use herptiles” within the bill and provides for criminal and civil penalties for noncompliance.

Herp Alliance endorses SB 902.

 

NEW Illinois Herp Bill Introduced – SB 2362

ILOn February 15, 2013, Illinois Senator Heather Steans introduced Senate Bill 2362.  SB 2362 as introduced was a shell bill, meaning that the substance of the ballot initiative was not filled out at the time of filing.

On March 8, 2013, the primary sponsor was changed to Senator James F. Clayborne, Jr.  On March 14th it was assigned to the Agriculture and Conservation Committee.

On March 15th, Senator Clayborned introduced his first amendment.  (Click on this link to see the full text.)

SB 2362 is the first bill of its kind in the United States because it seeks to carve out all herpetofauna and to deal with them in a separate statutory section all to themselves.  It is a proposed “herp code.”  It states specifically that:

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. All rules and enforcement actions under the Illinois Conservation Law 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.

Under current Illinois law, it is illegal to privately keep any venomous or life threatening reptile.  The Illinois Supreme Court has ruled that pythons of 15′ in length are life threatening and therefore illegal.

SB 2362 would lift the prohibition on large constrictors currently in place, and instead proposes certain “captive maintenance requirements” as set forth in the bill are met.

SB 2362 would also make it legal to keep certain venomous snakes, crocodilians, Komodo dragons and crocodile monitor lizards with a permit only if used for bona fide educational purposes.

SB 2362 makes it unlawful to buy, sell or offer to sell any aquatic or semi-aquatic turtles with a carapace of under 4″ or their eggs in the state.  This means that the Illinois State Department of Natural Resources could enforce the 4″ provision of aquatic or semi-aquatic turtles without USDA.

SB 2362 imposes insurance requirements and liability on owners of all of the “special use herptiles” within the bill and provides for criminal and civil penalties for noncompliance.

Exemptions:

  • Public zoos or aquaria accredited by the Association of Zoos and Aquariums;
  • Licensed veterinarians or anyone operating under the authority of a licensed veterinarian;
  • Wildlife sanctuaries;
  • Accredited research or medical institutions;
  • Licensed or accredited educational institutions;
  • Circuses licensed and in compliance with the Animal Welfare Act and all rules adopted by the Department of  Agriculture;
  • Federal, State, and local law enforcement officers, including animal control officers acting under the authority of this Act; 
  • Members of federal, State, or local agencies approved by the Department; 
  • Any bonafide wildlife rehabilitation facility licensed or otherwise authorized by the Department; and
  • Any motion picture or television production company that uses licensed dealers, exhibitors, and transporters under the federal Animal Welfare Act, 7 U.S.C.

Herp Alliance remains neutral on SB 2362 until we have fully analyzed all of its provisions.