Illinois General Assembly - Full Text of HB3755
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Full Text of HB3755  102nd General Assembly

HB3755 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3755

 

Introduced 2/22/2021, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2s-1 new
520 ILCS 5/2.2  from Ch. 61, par. 2.2
520 ILCS 5/2.30  from Ch. 61, par. 2.30
520 ILCS 5/2.33  from Ch. 61, par. 2.33

    Amends the Wildlife Code. Includes wild swine as a protected species covered by the Code. Sets forth definitions of "wild swine" for purposes of the Code. Provides that wild swine may be taken by hunting methods at any time. Provides further that wild swine may be taken during the open season by use of a small light that is worn on the body or hand-held by a person not in any vehicle. Effectively immediately.


LRB102 05134 CMG 15155 b

 

 

A BILL FOR

 

HB3755LRB102 05134 CMG 15155 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.30, 2.2, and 2.33 and by adding Section 1.2s-1 as
6follows:
 
7    (520 ILCS 5/1.2s-1 new)
8    Sec. 1.2s-1. "Wild swine" means feral swine, Eurasian wild
9boar (Sus scrofa, including subspecies), and hybrids between
10feral swine and Eurasian wild boar. "Feral swine" means
11populations or individuals of any swine that are unrestrained
12and are living in a wild or free-roaming environment.
 
13    (520 ILCS 5/2.2)  (from Ch. 61, par. 2.2)
14    Sec. 2.2. This Act shall apply only to the wild birds and
15parts of wild birds (including, but not limited to, their
16nests and eggs), and wild mammals and parts of wild mammals,
17which shall include their green hides, in the State of
18Illinois, or which may be brought into the State.
19    Wildlife protected by this Act, hereby defined as
20protected species, include the following wild species and all
21wild species contained in listed families, including, but not
22limited to, groups of wild species preceding each family name:

 

 

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1(except the House Sparrow, Passer domesticus; European
2Starling, Sturnus vulgaris; and Rock Pigeon, Domestic Pigeon,
3Columba livia; Purple Swamphen, Porphyrio porphyio; or Muscovy
4Duck, Cairina moschata). GAME BIRDS-Ruffed grouse, Bonasa
5umbellus; Sharp-tailed grouse, Tympanuchus phasianellus;
6Northern Bobwhite, Colinus virginianus; Gray Partridge, Perdix
7perdix; Chukar, Alectoris chukar; Ring-necked Pheasant,
8Phasianus colchicus; Greater Prairie Chicken, Tympanuchus
9cupido; Wild Turkey, Meleagris gallopavo. MIGRATORY GAME
10BIRDS-Waterfowl including brant, ducks, geese, and swans,
11Anatidae; wild species of the families Rallidae, Scolopacidae,
12Columbidae, and Corvidae that may be legally hunted as
13provided for in Section 2.18 of this Act. RESIDENT AND
14MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes,
15Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae;
16cormorants, Phalacrocoracidae; anhingas, Anhingidae;
17frigatebirds, Fregatidae; herons, bitterns and egrets,
18Ardeidae; ibises and spoonbills, Threskiornithidae; storks,
19Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys, and
20eagles, Accipitridae; falcons, merlins, and kestrels,
21Falconidae; rails, gallinules, and moorhens, which may not be
22legally hunted, Rallidae; cranes, Gruidae; all shorebirds that
23may not be legally hunted, of the families Charadriidae,
24Scolopacidae, and Recurvirostridae gulls, terns, jaegers,
25skimmers, and kittiwakes, Laridae; dovekies and murrelets,
26Alcidae; doves and pigeons, which may not be legally hunted,

 

 

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1Columbidae; cuckoos and anis, Cuculidae; owls, Tytonidae and
2Strigidae; whip-poor-wills, chuck-will's-widows, and
3nighthawks, Caprimulgidae; swifts, Apodidae; hummingbirds,
4Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers,
5and sapsuckers, Picidae; kingbirds, pewees, phoebes, and
6flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae;
7magpies, ravens, and jays, Corvidae; larks, Alaudidae;
8swallows and martins, Hirundinidae; chickadees and titmice,
9Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens,
10Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae;
11robins, bluebirds, solitaires, veerys, and thrushes, Turdidae;
12mockingbirds, catbirds, and thrashers, Mimidae; pipits,
13Motacillidae; waxwings, Bombycillidae; warblers, parulas,
14redstarts, ovenbirds, waterthrushes, yellowthroats, and chats,
15Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows,
16buntings, and juncos, Emberizidae; dickcissels, cardinals,
17buntings, and grosbeaks, Cardinalidae; blackbirds,
18meadowlarks, bobolinks, grackles, cowbirds, and orioles,
19Icteridae; grosbeaks, finches, crossbills, redpolls, and
20siskins, Fringillidae. GAME MAMMALS-Woodchuck, Marmota monax;
21Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus
22niger; Eastern cottontail, Sylvilagus floridanus; Swamp
23rabbit, Sylvilagus aquaticus; White-tailed deer, Odocoileus
24virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus;
25Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum,
26Didelphis virginiana; Least weasel, Mustela nivalis;

 

 

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1Long-tailed weasel, Mustela frenata; Mink, Mustela vison;
2River otter, Lontra canadensis; Striped skunk, Mephitis
3mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray
4fox, Urocyon cinereoargenteus; Coyote, Canis latrans; Bobcat,
5Lynx rufus. OTHER MAMMALS-Flying squirrel, Glaucomys volans;
6Red squirrel, Tamiasciurus hudsonicus; Eastern Woodrat,
7Neotoma floridana; Golden Mouse, Ochrotomys nuttalli; Rice
8Rat, Oryzomys palustris; Franklin's Ground Squirrel,
9Spermophilus franklinii; Bats, Vespertilionidae; Gray wolf,
10Canis lupus; American black bear, Ursus americanus; Cougar,
11Puma concolor, wild swine.
12    It shall be unlawful for any person at any time to take,
13possess, sell, or offer for sale, propagate, or release into
14the wild, any of these wild birds (dead or alive) and parts of
15wild birds (including, but not limited to, their nests and
16eggs), wild mammals (dead or alive) and parts of wild mammals,
17including their green hides contrary to the provisions of this
18Act. However, nothing in this Act shall prohibit bona-fide
19public or state scientific, educational or zoological
20institutions from receiving, holding, and displaying protected
21species that were salvaged or legally obtained.
22    It shall be unlawful for any person to take any other
23living wildlife animal not covered by this Act without the
24permission of the landowner or tenant.
25(Source: P.A. 97-431, eff. 8-16-11; 98-1033, eff. 1-1-15.)
 

 

 

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1    (520 ILCS 5/2.30)  (from Ch. 61, par. 2.30)
2    Sec. 2.30. Except as provided in this Section, it shall be
3unlawful for any person to trap or to hunt with gun, dog, dog
4and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
5mink, muskrat, badger, bobcat, and opossum except during the
6open season which will be set annually by the Director between
712:01 a.m., November 1 to 12:00 midnight, February 15, both
8inclusive.
9    It shall be unlawful for any person to hunt or trap bobcat
10in this State on and after the effective date of this
11amendatory Act of the 100th General Assembly in the counties
12of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
13Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
14Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
15McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
16Vermilion, Will, Winnebago, and Woodford and north of U.S.
17Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
18junction with Illinois Route 121 and north or east of Illinois
19Route 121 in Macon. For the season beginning in 2017, a total
20number of 350 bobcats may be hunted or trapped lawfully, or the
21conclusion of the season occurs, whichever is earlier. For the
22season beginning in 2018, a total number of 375 bobcats may be
23hunted or trapped lawfully, or the conclusion of the season
24occurs, whichever is earlier. The changes added to this
25Section by this amendatory Act of the 100th General Assembly,
26except for this sentence, are inoperative on and after June

 

 

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130, 2019.
2    It is unlawful to pursue any fur-bearing mammal with a dog
3or dogs between the hours of sunset and sunrise during the 10
4day period preceding the opening date of the raccoon hunting
5season and the 10 day period following the closing date of the
6raccoon hunting season except that the Department may issue
7field trial permits in accordance with Section 2.34 of this
8Act. A non-resident from a state with more restrictive
9fur-bearer pursuit regulations for any particular species than
10provided for that species in this Act may not pursue that
11species in Illinois except during the period of time that
12Illinois residents are allowed to pursue that species in the
13non-resident's state of residence. Hound running areas
14approved by the Department shall be exempt from the provisions
15of this Section.
16    It shall be unlawful to take beaver, river otter, weasel,
17mink, or muskrat except during the open season set annually by
18the Director, and then, only with traps, except that a
19firearm, pistol, or airgun of a caliber not larger than a .22
20long rifle may be used to remove the animal from the trap.
21    It shall be unlawful for any person to trap beaver or river
22otter with traps except during the open season which will be
23set annually by the Director between 12:01 a.m., November 1st
24and 12:00 midnight, March 31, both inclusive.
25    Coyote may be taken by trapping methods only during the
26period from September 1 to March 1, both inclusive, and by

 

 

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1hunting methods at any time.
2    Wild swine may be taken by hunting methods at any time.
3    Striped skunk may be taken by trapping methods only during
4the period from September 1 to March 1, both inclusive, and by
5hunting methods at any time.
6    Muskrat may be taken by trapping methods during an open
7season set annually by the Director.
8    For the purpose of taking fur-bearing mammals, the State
9may be divided into management zones by administrative rule.
10    It shall be unlawful to take or possess more than the
11season limit or possession limit of fur-bearing mammals that
12shall be set annually by the Director. The season limit for
13bobcat shall not exceed one bobcat per permit. Possession
14limits shall not apply to fur buyers, tanners, manufacturers,
15and taxidermists, as defined by this Act, who possess
16fur-bearing mammals in accordance with laws governing such
17activities.
18    Nothing in this Section shall prohibit the taking or
19possessing of fur-bearing mammals found dead or
20unintentionally killed by a vehicle along a roadway during the
21open season provided the person who possesses such fur-bearing
22mammals has all appropriate licenses, stamps, or permits; the
23season for which the species possessed is open; and that such
24possession and disposal of such fur-bearing mammals is
25otherwise subject to the provisions of this Section.
26    The provisions of this Section are subject to modification

 

 

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1by administrative rule.
2(Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17;
3100-779, eff. 8-10-18.)
 
4    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
5    Sec. 2.33. Prohibitions.
6    (a) It is unlawful to carry or possess any gun in any State
7refuge unless otherwise permitted by administrative rule.
8    (b) It is unlawful to use or possess any snare or
9snare-like device, deadfall, net, or pit trap to take any
10species, except that snares not powered by springs or other
11mechanical devices may be used to trap fur-bearing mammals, in
12water sets only, if at least one-half of the snare noose is
13located underwater at all times.
14    (c) It is unlawful for any person at any time to take a
15wild mammal protected by this Act from its den by means of any
16mechanical device, spade, or digging device or to use smoke or
17other gases to dislodge or remove such mammal except as
18provided in Section 2.37.
19    (d) It is unlawful to use a ferret or any other small
20mammal which is used in the same or similar manner for which
21ferrets are used for the purpose of frightening or driving any
22mammals from their dens or hiding places.
23    (e) (Blank).
24    (f) It is unlawful to use spears, gigs, hooks or any like
25device to take any species protected by this Act.

 

 

HB3755- 9 -LRB102 05134 CMG 15155 b

1    (g) It is unlawful to use poisons, chemicals or explosives
2for the purpose of taking any species protected by this Act.
3    (h) It is unlawful to hunt adjacent to or near any peat,
4grass, brush or other inflammable substance when it is
5burning.
6    (i) It is unlawful to take, pursue or intentionally harass
7or disturb in any manner any wild birds or mammals by use or
8aid of any vehicle or conveyance, except as permitted by the
9Code of Federal Regulations for the taking of waterfowl. It is
10also unlawful to use the lights of any vehicle or conveyance or
11any light from or any light connected to the vehicle or
12conveyance in any area where wildlife may be found except in
13accordance with Section 2.37 of this Act; however, nothing in
14this Section shall prohibit the normal use of headlamps for
15the purpose of driving upon a roadway. Striped skunk, opossum,
16red fox, gray fox, raccoon, bobcat, wild swine, and coyote may
17be taken during the open season by use of a small light which
18is worn on the body or hand-held by a person on foot and not in
19any vehicle.
20    (j) It is unlawful to use any shotgun larger than 10 gauge
21while taking or attempting to take any of the species
22protected by this Act.
23    (k) It is unlawful to use or possess in the field any
24shotgun shell loaded with a shot size larger than lead BB or
25steel T (.20 diameter) when taking or attempting to take any
26species of wild game mammals (excluding white-tailed deer),

 

 

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1wild game birds, migratory waterfowl or migratory game birds
2protected by this Act, except white-tailed deer as provided
3for in Section 2.26 and other species as provided for by
4subsection (l) or administrative rule.
5    (l) It is unlawful to take any species of wild game, except
6white-tailed deer and fur-bearing mammals, with a shotgun
7loaded with slugs unless otherwise provided for by
8administrative rule.
9    (m) It is unlawful to use any shotgun capable of holding
10more than 3 shells in the magazine or chamber combined, except
11on game breeding and hunting preserve areas licensed under
12Section 3.27 and except as permitted by the Code of Federal
13Regulations for the taking of waterfowl. If the shotgun is
14capable of holding more than 3 shells, it shall, while being
15used on an area other than a game breeding and shooting
16preserve area licensed pursuant to Section 3.27, be fitted
17with a one piece plug that is irremovable without dismantling
18the shotgun or otherwise altered to render it incapable of
19holding more than 3 shells in the magazine and chamber,
20combined.
21    (n) It is unlawful for any person, except persons who
22possess a permit to hunt from a vehicle as provided in this
23Section and persons otherwise permitted by law, to have or
24carry any gun in or on any vehicle, conveyance or aircraft,
25unless such gun is unloaded and enclosed in a case, except that
26at field trials authorized by Section 2.34 of this Act,

 

 

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1unloaded guns or guns loaded with blank cartridges only, may
2be carried on horseback while not contained in a case, or to
3have or carry any bow or arrow device in or on any vehicle
4unless such bow or arrow device is unstrung or enclosed in a
5case, or otherwise made inoperable.
6    (o) (Blank).
7    (p) It is unlawful to take game birds, migratory game
8birds or migratory waterfowl with a rifle, pistol, revolver or
9airgun.
10    (q) It is unlawful to fire a rifle, pistol, revolver or
11airgun on, over or into any waters of this State, including
12frozen waters.
13    (r) It is unlawful to discharge any gun or bow and arrow
14device along, upon, across, or from any public right-of-way or
15highway in this State.
16    (s) It is unlawful to use a silencer or other device to
17muffle or mute the sound of the explosion or report resulting
18from the firing of any gun.
19    (t) It is unlawful for any person to take or attempt to
20take any species of wildlife or parts thereof, intentionally
21or wantonly allow a dog to hunt, within or upon the land of
22another, or upon waters flowing over or standing on the land of
23another, or to knowingly shoot a gun or bow and arrow device at
24any wildlife physically on or flying over the property of
25another without first obtaining permission from the owner or
26the owner's designee. For the purposes of this Section, the

 

 

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1owner's designee means anyone who the owner designates in a
2written authorization and the authorization must contain (i)
3the legal or common description of property for such authority
4is given, (ii) the extent that the owner's designee is
5authorized to make decisions regarding who is allowed to take
6or attempt to take any species of wildlife or parts thereof,
7and (iii) the owner's notarized signature. Before enforcing
8this Section the law enforcement officer must have received
9notice from the owner or the owner's designee of a violation of
10this Section. Statements made to the law enforcement officer
11regarding this notice shall not be rendered inadmissible by
12the hearsay rule when offered for the purpose of showing the
13required notice.
14    (u) It is unlawful for any person to discharge any firearm
15for the purpose of taking any of the species protected by this
16Act, or hunt with gun or dog, or intentionally or wantonly
17allow a dog to hunt, within 300 yards of an inhabited dwelling
18without first obtaining permission from the owner or tenant,
19except that while trapping, hunting with bow and arrow,
20hunting with dog and shotgun using shot shells only, or
21hunting with shotgun using shot shells only, or providing
22outfitting services under a waterfowl outfitter permit, or on
23licensed game breeding and hunting preserve areas, as defined
24in Section 3.27, on federally owned and managed lands and on
25Department owned, managed, leased, or controlled lands, a 100
26yard restriction shall apply.

 

 

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1    (v) It is unlawful for any person to remove fur-bearing
2mammals from, or to move or disturb in any manner, the traps
3owned by another person without written authorization of the
4owner to do so.
5    (w) It is unlawful for any owner of a dog to knowingly or
6wantonly allow his or her dog to pursue, harass or kill deer,
7except that nothing in this Section shall prohibit the
8tracking of wounded deer with a dog in accordance with the
9provisions of Section 2.26 of this Code.
10    (x) It is unlawful for any person to wantonly or
11carelessly injure or destroy, in any manner whatsoever, any
12real or personal property on the land of another while engaged
13in hunting or trapping thereon.
14    (y) It is unlawful to hunt wild game protected by this Act
15between one half hour after sunset and one half hour before
16sunrise, except that hunting hours between one half hour after
17sunset and one half hour before sunrise may be established by
18administrative rule for fur-bearing mammals.
19    (z) It is unlawful to take any game bird (excluding wild
20turkeys and crippled pheasants not capable of normal flight
21and otherwise irretrievable) protected by this Act when not
22flying. Nothing in this Section shall prohibit a person from
23carrying an uncased, unloaded shotgun in a boat, while in
24pursuit of a crippled migratory waterfowl that is incapable of
25normal flight, for the purpose of attempting to reduce the
26migratory waterfowl to possession, provided that the attempt

 

 

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1is made immediately upon downing the migratory waterfowl and
2is done within 400 yards of the blind from which the migratory
3waterfowl was downed. This exception shall apply only to
4migratory game birds that are not capable of normal flight.
5Migratory waterfowl that are crippled may be taken only with a
6shotgun as regulated by subsection (j) of this Section using
7shotgun shells as regulated in subsection (k) of this Section.
8    (aa) It is unlawful to use or possess any device that may
9be used for tree climbing or cutting, while hunting
10fur-bearing mammals, excluding coyotes.
11    (bb) It is unlawful for any person, except licensed game
12breeders, pursuant to Section 2.29 to import, carry into, or
13possess alive in this State any species of wildlife taken
14outside of this State, without obtaining permission to do so
15from the Director.
16    (cc) It is unlawful for any person to have in his or her
17possession any freshly killed species protected by this Act
18during the season closed for taking.
19    (dd) It is unlawful to take any species protected by this
20Act and retain it alive except as provided by administrative
21rule.
22    (ee) It is unlawful to possess any rifle while in the field
23during gun deer season except as provided in Section 2.26 and
24administrative rules.
25    (ff) It is unlawful for any person to take any species
26protected by this Act, except migratory waterfowl, during the

 

 

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1gun deer hunting season in those counties open to gun deer
2hunting, unless he or she wears, when in the field, a cap and
3upper outer garment of a solid blaze orange color or solid
4blaze pink color, with such articles of clothing displaying a
5minimum of 400 square inches of blaze orange or solid blaze
6pink color material.
7    (gg) It is unlawful during the upland game season for any
8person to take upland game with a firearm unless he or she
9wears, while in the field, a cap of solid blaze orange color or
10solid blaze pink color. For purposes of this Act, upland game
11is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
12Pheasant, Eastern Cottontail and Swamp Rabbit.
13    (hh) It shall be unlawful to kill or cripple any species
14protected by this Act for which there is a bag limit without
15making a reasonable effort to retrieve such species and
16include such in the bag limit. It shall be unlawful for any
17person having control over harvested game mammals, game birds,
18or migratory game birds for which there is a bag limit to
19wantonly waste or destroy the usable meat of the game, except
20this shall not apply to wildlife taken under Sections 2.37 or
213.22 of this Code. For purposes of this subsection, "usable
22meat" means the breast meat of a game bird or migratory game
23bird and the hind ham and front shoulders of a game mammal. It
24shall be unlawful for any person to place, leave, dump, or
25abandon a wildlife carcass or parts of it along or upon a
26public right-of-way or highway or on public or private

 

 

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1property, including a waterway or stream, without the
2permission of the owner or tenant. It shall not be unlawful to
3discard game meat that is determined to be unfit for human
4consumption.
5    (ii) This Section shall apply only to those species
6protected by this Act taken within the State. Any species or
7any parts thereof, legally taken in and transported from other
8states or countries, may be possessed within the State, except
9as provided in this Section and Sections 2.35, 2.36 and 3.21.
10    (jj) (Blank).
11    (kk) Nothing contained in this Section shall prohibit the
12Director from issuing permits to paraplegics or to other
13persons with disabilities who meet the requirements set forth
14in administrative rule to shoot or hunt from a vehicle as
15provided by that rule, provided that such is otherwise in
16accord with this Act.
17    (ll) Nothing contained in this Act shall prohibit the
18taking of aquatic life protected by the Fish and Aquatic Life
19Code or birds and mammals protected by this Act, except deer
20and fur-bearing mammals, from a boat not camouflaged or
21disguised to alter its identity or to further provide a place
22of concealment and not propelled by sail or mechanical power.
23However, only shotguns not larger than 10 gauge nor smaller
24than .410 bore loaded with not more than 3 shells of a shot
25size no larger than lead BB or steel T (.20 diameter) may be
26used to take species protected by this Act.

 

 

HB3755- 17 -LRB102 05134 CMG 15155 b

1    (mm) Nothing contained in this Act shall prohibit the use
2of a shotgun, not larger than 10 gauge nor smaller than a 20
3gauge, with a rifled barrel.
4    (nn) It shall be unlawful to possess any species of
5wildlife or wildlife parts taken unlawfully in Illinois, any
6other state, or any other country, whether or not the wildlife
7or wildlife parts is indigenous to Illinois. For the purposes
8of this subsection, the statute of limitations for unlawful
9possession of wildlife or wildlife parts shall not cease until
102 years after the possession has permanently ended.
11(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
1299-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
131-1-19.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.