HB4308 101ST GENERAL ASSEMBLY

LRB101 17109 CMG 66509 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB4308

Introduced 1/28/2020, by Rep. Nathan D. Reitz

SYNOPSIS AS INTRODUCED:

520 ILCS 5/1.2q-1 new
520 ILCS 5/1.2q-2 new
520 ILCS 5/2.37	from Ch. 61, par. 2.37
520 ILCS 5/3.1-2	from Ch. 61, par. 3.1-2
520 ILCS 5/3.1-4
520 ILCS 5/3.1-7
520 ILCS 5/3.3	from Ch. 61, par. 3.3

Amends the Wildlife Code. Provides that a veteran who is certified by the Department of Veterans' Affairs to be at least 10% disabled with service related disabilities or who is in receipt of total disability pension may trap, as permitted by the Code, without procuring a trapping license. Provides further that a military member returning from mobilization and service outside the United States who is an Illinois resident may trap, as permitted by the Code, without paying any fees required to obtain a trapping license, if he or she applies for the license within 2 years after returning from service abroad or after mobilization. Adds trapping licenses to the terminally ill hunter licensing program. Provides that persons on active duty in the Armed Forces or Illinois residents with a Type 1 or Type 4, Class 2 disability as defined in the Illinois Identification Card Act may trap, as permitted by the Code, without procuring a trapping license. Adds definitions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

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 Sections 2.37, 3.1-2, 3.1-4, 3.1-7, and 3.3 and by adding Sections 1.2q-1 and 1.2q-2 as follows:

(520 ILCS 5/1.2q-1 new)

Sec. 1.2q-1. Trapping license. "Trapping license" means an electronic or physical license authorizing the person to take a certain type of animal during a specified period of time.

(520 ILCS 5/1.2q-2 new)

Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance Wildlife Control Permit" means an electronic or physical license authorizing the person to take a certain type of animal as provided in Section 2.37.

(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)

Sec. 2.37. Authority to kill wildlife responsible for damage. Subject to federal regulations and Section 3 of the Illinois Endangered Species Act, the Department may authorize owners and tenants of lands or their agents to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land.

Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation.

If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage.

A permit to control the damage shall be for a period of up to 90 days, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona-fide public or State scientific, educational, or zoological institution.

The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary.

Subject to federal regulations and Section 3 of the Illinois Endangered Species Act, the Department may grant to an individual, corporation, association or a governmental body the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit. The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information.

Drainage Districts shall have the authority to control beaver provided that they must notify the Department in writing that a problem exists and of their intention to trap the animals at least 7 days before the trapping begins. The District must identify traps used in beaver control outside the dates of the furbearer trapping season with metal tags with the district's name legibly inscribed upon them. During the furtrapping season, traps must be identified as prescribed by law. Conibear traps at least size 330 shall be used except during the statewide furbearer trapping season. During that time trappers may use any device that is legal according to the Wildlife Code. Except during the statewide furbearer trapping season, beaver traps must be set in water at least 10 inches deep. Except during the statewide furbearer trapping season, traps must be set within 10 feet of an inhabited bank burrow or house and within 10 feet of a dam maintained by a beaver. No beaver or other furbearer taken outside of the dates for the furbearer trapping season may be sold. All animals must be given to the nearest conservation officer or other Department of Natural Resources representative within 48 hours after they are caught. Furbearers taken during the fur trapping season may be sold provided that they are taken by persons who have valid trapping licenses in their possession and are lawfully taken. The District must submit an annual report showing the species and numbers of animals caught. The report must indicate all species which were taken.

The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act.

(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12; 98-1045, eff. 8-25-14.)

(520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)

Sec. 3.1-2. Veterans who, according to the determination of the Veterans' Administration as certified by the Department of Veterans' Affairs, are at least 10% disabled with service-related disabilities or in receipt of total disability pensions may hunt and trap any of the species protected by Section 2.2, during such times, with such devices and by such methods as are permitted by this Act, without procuring hunting and trapping licenses, on the condition that their respective disabilities do not prevent them from hunting and trapping in a manner which is safe to themselves and others.

(Source: P.A. 83-58.)

(520 ILCS 5/3.1-4)

Sec. 3.1-4. Military members returning from mobilization and service outside the United States.

(a) After returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, an Illinois resident may hunt and trap any of the species protected by Section 2.2 of this Code without paying any fees required to obtain a hunting license or a trapping license for the time period prescribed by subsection (b) of this Section if the Illinois resident applies for a license within 2 years after returning from service abroad or mobilization. The applicant shall provide acceptable verification of service or mobilization to the Department either at the Department's office in Springfield or at a Regional Office of the Department.

(b) For each year that an applicant is an active duty member pursuant to subsection (a) of this Section, the applicant shall receive one free hunting license, one free trapping license, one free Deer Hunting Permit as provided in Section 2.26 of this Code and rules adopted pursuant to that Section, and one free State Habitat Stamp. For the purposes of this determination, if the period of active duty is a portion of a year (for example, one year and 3 months), the applicant will be credited with a full year for the portion of a year served.

(c) (Blank).

(c-5) An Illinois resident veteran may obtain an Illinois Hunter Education card if he or she completes the online study section of the Illinois Hunter Education program and provides the Department with acceptable verification of service or mobilization.

(d) For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.

(e) For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.

(Source: P.A. 98-118, eff. 7-30-13.)

(520 ILCS 5/3.1-7)

Sec. 3.1-7. Terminally ill hunter or trapper licensing program. In order to facilitate hunting, trapping, and fishing opportunities for a terminally ill person, the Director may issue any license, tag, permit, or stamp and waive fees, including transaction and dealer fees.

Youth may take game outside of an established season if that youth is deemed to be terminally ill and the hunt is pre-approved by the Director.

(Source: P.A. 97-215, eff. 1-1-12.)

(520 ILCS 5/3.3) (from Ch. 61, par. 3.3)

Sec. 3.3. Trapping license required. Before any person shall trap any of the mammals protected by this Act, for which an open trapping season has been established, he shall first procure a trapping license from the Department to do so. No traps shall be placed in the field, set or unset, prior to the opening day of the trapping season.

Traps used in the taking of such mammals shall be marked or tagged with metal tags or inscribed in lettering giving the name and address of the owner or the customer identification number issued by the Department, and absence of such mark or tag shall be prima facie evidence that such trap or traps are illegally used and the trap or traps shall be confiscated and disposed of as directed by the Department.

Before any person 18 years of age or older shall trap, attempt to trap, or sell the green hides of any mammal of the species defined as fur-bearing mammals by Section 2.2 for which an open season is established under this Act, he shall first have procured a State Habitat Stamp.

Beginning January 1, 2016, no trapping license shall be issued to any person born on or after January 1, 1998 unless he or she presents to the authorized issuer of the license evidence that he or she has a certificate of competency provided for in this Section.

The Department of Natural Resources shall authorize personnel of the Department, or volunteer instructors, found by the Department to be competent, to provide instruction in courses on trapping techniques and ethical trapping behavior as needed throughout the State, which courses shall be at least 8 hours in length. Persons so authorized shall provide instruction in such courses to individuals at no charge, and shall issue to individuals successfully completing such courses certificates of competency in basic trapping techniques. The Department shall cooperate in establishing such courses with any reputable association or organization which has as one of its objectives the promotion of the ethical use of legal fur harvesting devices and techniques. The Department shall furnish information on the requirements of the trapper education program to be distributed free of charge to applicants for trapping licenses by the persons appointed and authorized to issue licenses.

The owners residing on, or bona fide tenants of farm lands, and their children actually residing on such lands, shall have the right to trap mammals protected by this Act, for which an open trapping season has been established, upon such lands, without procuring licenses, provided that such mammals are taken during the periods of time and with such devices as are permitted by this Act.

Any person on active duty in the Armed Forces or any person with a disability who is a resident of Illinois, may trap any of the species protected by Section 2.2, during such times, with such devices and by such methods as are permitted by this Act, without procuring a trapping license. For the purposes of this Section, a person is considered a person with a disability if he or she has a Type 1 or Type 4, Class 2 disability as defined in Section 4A of the Illinois Identification Card Act. For purposes of this Section, an Illinois Person with a Disability Identification Card issued pursuant to the Illinois Identification Card Act indicating that the person thereon named has a Type 1 or Type 4, Class 2 disability shall be adequate documentation of such a disability.

(Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18; 101-81, eff. 7-12-19.)

Section 99. Effective date. This Act takes effect upon becoming law.