HB4777 104TH GENERAL ASSEMBLY

LRB104 17214 BDA 30634 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB4777

Introduced , by Rep. Theresa Mah

SYNOPSIS AS INTRODUCED:

520 ILCS 5/3.25	from Ch. 61, par. 3.25
520 ILCS 5/3.25a new
30 ILCS 105/5.1038 new

Amends the Wildlife Code. Requires fur facilities to be licensed by the Department of Natural Resources in order to continue operating. Provides that a person is not eligible to obtain a fur facility license for a fur facility that was not owned or operated in the State before the effective date of the amendatory Act. Specifies that a person who owns or operates a fur facility before the effective date of the amendatory Act must obtain a fur facility license from the Department for the facility by January 1, 2028 in order to continue owning or operating the facility on or after January 1, 2028. Limits the transferability of licenses after January 1, 2028. Establishes various license application requirements. Requires the Department to inspect fur facilities before granting or renewing a fur facility license. Provides that a fur facility license may be granted by the Department only if the Department determines the facility meets certain requirements. Creates the Fur Facility Fund as a special fund in the State treasury. Provides that amounts in the Fund must be used by the Department to finance the administration and enforcement of the licensing system established by the amendatory Act. Specifies that the Department of Natural Resources must revoke the license of any person who violates the licensing requirements added by the amendatory Act and may confiscate the person's fur-bearing mammals. Establishes criminal penalties for violations of the licensing requirements added by the amendatory Act. Exempts fur facility license holders from the Code's fur-bearing mammal breeder permitting requirements. Defines various terms. Amends the State Finance Act to make conforming changes.

A BILL FOR

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Wildlife Code is amended by changing Section 3.25 and by adding Section 3.25a as follows:

(520 ILCS 5/3.25) (from Ch. 61, par. 3.25)

Sec. 3.25. Any individual who, within the State of Illinois, holds, possesses or engages in the breeding or raising of live fur-bearing mammals, protected by this Act, except as provided in Sections 1.6, or 1.7, or 3.25a, shall be a fur-bearing mammal breeder in the meaning of this Act. Before any individual shall hold, possess or engage in the breeding or raising of live fur-bearing mammals, he shall first procure a fur-bearing mammal breeder permit. Fur-bearing mammal breeder permits shall be issued by the Department. The annual fee for each fur-bearing mammal breeder permit shall be $25. All fur-bearing mammal breeder permits shall expire on March 31 of each year.

Holders of fur-bearing mammal breeder permits may hold, possess, engage in the breeding or raising, sell, or otherwise dispose of live fur-bearing mammals or their green hides, possessed thereunder, at any time of the year.

Fur-bearing mammal breeders shall keep a record for 2 years from the date of the acquisition, sale or other disposition of each live fur-bearing mammal or its green hide so raised or propagated, showing the date of such transaction, the name and address of the individual receiving or buying such live fur-bearing mammal or its green hide, and when requested to do so, shall furnish such individual with a certificate of purchase showing the number and kinds of live fur-bearing mammals or green hides so disposed of, the date of the transaction, the name and permit number of the breeder, and the name of the individual receiving, collecting, or buying such live fur-bearing mammals or green hides, and such other information as the Department may require. Such records and certificates of purchase shall be immediately presented to officers or authorized employees of the Department, any sheriff, deputy sheriff, or other peace officer when request is made for same. Failure to produce such records or certificates of purchase shall be prima facie evidence that such live fur-bearing mammals or green hides are contraband with the State of Illinois. The holder of a fur-bearing mammal breeder permit may exhibit fur-bearing mammals commercially.

Nothing in this Section shall be construed to give any such permittee authority to take fur-bearing mammals in their wild state contrary to other provisions of this Act, or to remove such permittee from responsibility for the observance of any Federal Laws, rules or regulations which may apply to such fur-bearing mammals.

Holders of fur-bearing mammal breeder permits may import fur-bearing mammals into the State of Illinois but may release the same only after health and disease prevention requirements set forth by the Director and other State agencies have been met and permission of the Director has been granted.

The breeding, raising and producing in captivity, and the marketing, by the producer, of mink (Mustela vison), red fox (Vulpes vulpes) or arctic fox (Alopex lagopus), as live animals, or as animal pelts or carcasses shall be deemed an agricultural pursuit, and all such animals so raised in captivity shall be deemed domestic animals, subject to all the laws of the State with reference to possession and ownership as are applicable at any time to domestic animals. All individuals engaged in the foregoing activities are fur farmers and engaged in farming for all statutory purposes. Such individuals are exempt from the fur-bearing mammal breeder permit requirements set forth in this Section if: (1) they are defined as farmers for Federal income tax purposes, and (2) at least 20 percent of their gross farm income as reported on Federal tax form Schedule F (Form 1040) for the previous year is generated from the sale of mink, red fox or arctic fox as live animals, animal pelts or carcasses.

No fur-bearing mammal breeder permits will be issued to hold, possess, or engage in the breeding and raising of striped skunks acquired after July 1, 1975, or coyotes acquired after July 1, 1978, except for coyotes that are held or possessed by a person who holds a hound running area permit under Section 3.26 of this Act. No fur-bearing mammal breeder permits will be issued to hold, possess, or engage in the breeding and raising of any dangerous animal as defined in Section 48-10 of the Criminal Code of 2012 acquired after July 1, 2022 except for coyotes that are held or possessed by a person who holds a hound running area permit under Section 3.26.

(Source: P.A. 102-837, eff. 5-13-22.)

(520 ILCS 5/3.25a new)

Sec. 3.25a. Finding Urgent Relief from Vectors for Infection Risk and Unchecked Spillover.

(a) The General Assembly finds that:

(1) The public health concerns associated with fur facilities are multifaceted, involving risks of zoonotic disease transmission, environmental contamination, and antibiotic resistance.

(2) Intensive confinement and slaughter practices at fur facilities facilitate the spread of viruses. These facilities house large numbers of animals in pens or cages in close proximity to each other, which promotes disease transmission. Due to the cramped and unnatural conditions, the animals experience extreme stress, which increases the potential to shed and transmit viruses over extended periods. This risk is further exacerbated by on-site slaughter practices that create additional points of exposure.

(3) Two notable zoonotic disease risks at fur facilities include SARS-CoV-2 and Influenza A virus subtype H5N1.

(4) Mink pose a particularly high risk to humans because a mink's upper respiratory tract is physiologically similar to a human's respiratory tract, which means mink can become infected and potentially transmit to people some of the same respiratory viruses. Minks' susceptibility to acquiring and spreading human and animal respiratory viruses renders them potentially potent for generating novel pandemic viruses.

(5) Tens of thousands of captive mink in the United States and millions of captive mink worldwide have been infected with SARS-CoV-2, creating opportunities for the virus to mutate into new and more dangerous variants. There have been documented cases of mink at fur facilities transmitting a variant of the virus to humans.

(6) Foxes, mink, and raccoon dogs at fur facilities infected with Influenza A virus subtype H5N1 create opportunities for spillover to humans. In at least one fur facility, the virus gained a mutation that favors mammal-to-mammal spread.

(b) It is the purpose of this Section to protect public health and human safety by licensing existing fur facilities and ending the establishment of new fur facilities in this State.

(c) As used in this Section:

"Department" means the Department of Natural Resources.

"Fur" means any animal skin with hair, fleece, or fur fibers attached, either in its raw or processed state.

"Fur facility" means any operation that owns, controls, breeds, raises, propagates, keeps, skins, or slaughters captive-held fur-bearing mammals for the purpose of profiting from their fur.

"Fur-bearing mammal" has the meaning set forth in Section 1.2g of this Code.

"Person" includes any individual, firm, corporation, trust, association, copartnership, society, or other organization of individuals and any other business unit, device, or arrangement.

(d) To own or operate a fur facility, a person must have a fur facility license issued by the Department.

(e) A person who owns or operates a fur facility before the effective date of this Section must obtain a fur facility license from the Department for the facility on or before January 1, 2028 in order to continue owning or operating the facility on or after January 1, 2028.

(f) A person is not eligible to obtain a fur facility license for a fur facility that was not owned or operated in the State before the effective date of this Section.

(g) A fur facility license holder is exempt from the fur-bearing mammal breeder permit requirements set forth in this Code.

(h) After January 1, 2028, a fur facility license is nontransferable to a new owner or operator.

(i) A person must apply annually to the Department for a fur facility license.

(1) At the time of obtaining or renewing a license, the person who is being issued the license shall pay a fee of $1,000.

(2) Each fur facility license application requires:

(A) the full contact information for all owners and operators of the fur facility;

(B) the address for each place of business where a fur facility conducts business;

(C) the legal descriptions of any lands upon which the fur facility conducts business;

(D) all trade names under which the fur facility conducts business;

(E) the number of individuals who work at each fur facility;

(F) the number, species, and sex of individual fur-bearing mammals raised for fur within the previous year at each fur facility;

(G) the source of each individual fur-bearing mammal raised for fur kept at each fur facility within the previous year;

(H) a detailed description of how the fur-bearing mammals raised for fur were transported to and from each fur facility within the previous year, including the route taken, if applicable;

(I) the number of individual fur-bearing mammals purchased, transferred, or sold by each fur facility within the previous year and the name of each person or entity to whom or from whom those fur-bearing mammals were purchased, transferred, or sold;

(J) a description of the size, number, and type of pens, cages, or other such enclosures used by the fur facility;

(K) a description of the barriers used to contain the fur-bearing mammals at the fur facility, as well as the barriers used to prevent other animals from gaining access to the fur facility;

(L) a description of the procedures the fur facility uses to dispose of manure or carcasses or and any parts of carcasses;

(M) a description of the practices and procedures used by the fur facility within the previous year to ensure the health and safety of workers, the public, and the fur-bearing mammals and animals on and around the facility; and

(N) the number of fur-bearing mammals kept at the fur facility who died or were killed within the previous year, the cause of death, and, if killed by humans, the reason each was killed and the method used.

(3) Each fur facility shall be inspected, annually, by the Department, prior to the granting or renewal of a license, to ensure compliance with this Section and other applicable laws and regulations. Following each inspection, the Department shall produce a report stating its decision on whether to grant or renew a license and how the fur facility complies with the terms of its license.

(4) A license may be granted only if the Department finds that, following an inspection, the application is made in good faith with the intention to carry on the business described in the application, and if the Department also determines that:

(A) the facility is constructed to minimize fur-bearing mammal escapes and additional protections are put in place if escapes occur following construction;

(B) there are adequate security and safety programs and procedures that minimize the possibility of fur-bearing mammal escapes;

(C) there is adequate recordkeeping to aid in tracking of confined fur-bearing mammals or recovery of escaped fur-bearing mammals;

(D) there are adequate procedures, equipment, and trained staff to maximize capture of escaped fur-bearing mammals;

(E) adequate veterinary care and animal husbandry is provided to identify and minimize the spread of diseases; and

(F) the applicant has not been convicted of or received any citations for violating environmental, animal cruelty, or wildlife laws or regulations.

(f) The Fur Facility Fund is established as a special fund in the State treasury. Fees collected under this Section and interest attributable to moneys in the Fur Facility Fund must be deposited into Fur Facility Fund. Subject to appropriation, moneys in the Fund, including interest earned, must be used by the Department to help fund the administration and enforcement of this Section.

(g) If a licensee does not comply with any provision of this Section, the Department shall, after notice and an opportunity to be heard, revoke the licensee's license and may confiscate the fur-bearing mammals at the fur facility.

(1) A person who operates a fur facility without a license after January 1, 2028 commits a Class C misdemeanor. The Department, or a representative of a unit of local government approved by the Department for this purpose, shall report any violation of this Section to the State's Attorney of the county in which the violation occurred. Each day a violation continues constitutes a separate offense.

(2) The penalties described in this Section may be enforced by the Attorney General bringing an action in a court of competent jurisdiction. The application of this Section does not preclude an action by the Attorney General seeking equitable or other remedies in connection with the enforcement of this Section.

Section 10. The State Finance Act is amended by adding Section 5.1038 as follows:

(30 ILCS 105/5.1038 new)

Sec. 5.1038. The Fur Facility Fund.