Full Text of HB2685 100th General Assembly
HB2685 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB2685 Introduced , by Rep. Jerry Costello, II SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/2.35 | from Ch. 61, par. 2.35 | 520 ILCS 5/3.4 | from Ch. 61, par. 3.4 | 520 ILCS 5/3.11 | from Ch. 61, par. 3.11 | 520 ILCS 5/3.14 | from Ch. 61, par. 3.14 | 520 ILCS 5/3.15 | from Ch. 61, par. 3.15 | 520 ILCS 5/3.16 | from Ch. 61, par. 3.16 | 520 ILCS 5/3.16a | | 520 ILCS 5/3.18 | from Ch. 61, par. 3.18 | 520 ILCS 5/3.19 | from Ch. 61, par. 3.19 | 520 ILCS 5/3.20 | from Ch. 61, par. 3.20 | 520 ILCS 5/3.12 rep. | |
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Amends the Wildlife Code. Provides that except as provided in the Code, it is unlawful to have in his or her possession the green hides of fur bearing mammals without a valid hunting or trapping license. Provides that the annual fee for each resident fur buyer's permit (rather than a resident retail or wholesale fur buyer's permit) shall be $50.00 (rather than $25.00 for a resident retail fur buyer's permit or $125.00 for a resident wholesale fur buyer's permit). Provides that all fur buyers and non-resident auction participants shall maintain records of the receipt, collection, purchase, and sale of green hides of fur-bearing mammals. Provides that a record of each transaction shall be created at the time it is executed specifying the date, numbers, and kinds of green hides purchased, sold, or transferred, price paid for each green hide, if any, and the name, address, and Department customer identification number of the other party. Provides that a person who holds a fur tanner's permit is exempt from provisions for a resident fur buyer permit holder as long as the person is not engaged in the business of receiving green hides for the purpose of buying or selling the hides, whether green, dressed, processed, or tanned and the hides which have been tanned or processed are returned to the person who submitted the hides for processing or tanning. Repeals a provision regarding the receiving, collecting, or buying of green hides of fur-bearing or game mammals. Makes other conforming changes. Effective January 1, 2018.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing | 5 | | Sections 2.35, 3.4, 3.11, 3.14, 3.15, 3.16, 3.16a, 3.18, 3.19, | 6 | | and 3.20 as follows:
| 7 | | (520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
| 8 | | Sec. 2.35. Wild game birds or mammals. (a) Migratory game | 9 | | birds, or any part or parts thereof, may be
possessed only in | 10 | | accordance with the regulations of the Federal
Government.
| 11 | | (b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 | 12 | | and
3.30 it is unlawful to possess wild game birds or wild game | 13 | | mammals or any
parts thereof in excess of the legally | 14 | | established daily limit or possession
limit, whichever | 15 | | applies.
| 16 | | (c) Except as provided
in this Code Sections 3.11, 3.12, | 17 | | 3.15, 3.18, 3.21 and 3.25 , it is unlawful to
have in possession | 18 | | the green hides of fur-bearing mammals without a valid hunting | 19 | | or trapping license during the period
within which it is | 20 | | unlawful to take such fur-bearing mammals in the State
where | 21 | | taken, except during the open season provided and for an | 22 | | additional
20 days next succeeding such open season .
| 23 | | (d) Failure to establish proof of
the legality of the |
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| 1 | | possession in another state or country and of
importation into | 2 | | this State the State of Illinois , shall be prima facie evidence | 3 | | that
migratory game birds and game birds or any parts thereof,
| 4 | | and fur-bearing mammals or any parts thereof, were taken within | 5 | | this State the State
of Illinois .
| 6 | | (e) For all those species to which a daily or possession | 7 | | limit
shall apply, each hunter shall maintain his bag of such | 8 | | species separately
and distinctly from those of all other | 9 | | hunters.
| 10 | | (f) No person shall
receive or have in custody any | 11 | | protected species
belonging to another person, except in the | 12 | | personal abodes of the donor or recipient
donee , unless such | 13 | | protected species are tagged in accordance with Section 2.30b | 14 | | of this Code or tagged with the hunter's or trapper's name, his
| 15 | | address, the total number of species, and the date such species | 16 | | were taken.
| 17 | | (Source: P.A. 88-416; 89-341, eff. 8-17-95.)
| 18 | | (520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
| 19 | | Sec. 3.4. Trapping licenses. Before a trapping license | 20 | | shall be issued
to any person, such person shall make | 21 | | application to the Department or any
county, city, village, | 22 | | township or incorporated town clerk or his or her duly
| 23 | | designated agent upon an application form provided by the | 24 | | Department.
This application shall be executed and sworn to and | 25 | | shall set forth the
name and description of the applicant and |
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| 1 | | his or her place of residence.
| 2 | | The fee for a trapping license for a resident of
this State | 3 | | the State of Illinois shall be $10.00.
| 4 | | The Department may provide for non-resident trapping | 5 | | license provided
that any non-resident shall be charged a fee | 6 | | of $175,
and if the state in which the applicant
resides does | 7 | | not provide for trapping mammals by Illinois
residents, then | 8 | | the fee shall be $250.
| 9 | | Every person trapping mammals shall make a report properly
| 10 | | sworn to, to the Department, upon blanks supplied by the | 11 | | Department for
such purpose, of all hides of mammals taken, | 12 | | sold, shipped
or dealt in, during the open seasons for mammals | 13 | | together with
the names and addresses of the parties to whom
| 14 | | the same were sold or shipped. Such report shall be made to the
| 15 | | Department within 15 days after the close of the trapping
| 16 | | season. Failure to report or filing false reports shall subject | 17 | | the person
to the penalties provided in Section 3.5. Further, | 18 | | the Department may
refuse to issue a trapping license for the | 19 | | following year to any person who
has failed to file such a | 20 | | report.
| 21 | | All trapping licenses shall expire on March 31 of each | 22 | | year.
| 23 | | (Source: P.A. 85-1181; 85-1209; 85-1440.)
| 24 | | (520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
| 25 | | Sec. 3.11. Resident fur buyer permits. Any individual who |
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| 1 | | is a resident of this State the State
of Illinois , who, within
| 2 | | this State the State of Illinois , receives, collects or buys, | 3 | | or who acts as an
agent or broker in the receipt, collection or | 4 | | purchase of the green
hides of fur-bearing mammals, protected | 5 | | by this Act, except an
individual who is a resident retail fur
| 6 | | buyer as defined in Section 3.12, shall be a resident wholesale | 7 | | fur
buyer in the meaning of this Act. Resident wholesale fur | 8 | | buyer's permits
shall be issued by the Department. The annual | 9 | | fee for each resident
wholesale fur buyer's permit shall be | 10 | | $50.00 $125.00 . All resident wholesale fur
buyer permits shall | 11 | | expire on April 30 of each year. A holder
of a valid resident
| 12 | | wholesale fur buyer permit may buy, sell, possess, transport, | 13 | | and ship the
green hides of any legally taken fur-bearing | 14 | | mammals from May 1
through April 30 next thereafter ; provided, | 15 | | however, that failure to establish
proof of
the legality or | 16 | | origin of the green hides of fur-bearing mammals
shall be prima | 17 | | facie evidence that such green hides of fur-bearing
mammals are | 18 | | contraband within the State of Illinois. Nothing in this | 19 | | Section
shall exempt any permittee from complying with to any | 20 | | federal laws, rules or
regulations which may apply to the green | 21 | | hides of fur-bearing
mammals. A person who holds a fur tanner's | 22 | | permit under Section 3.16 of this Code is exempt under this | 23 | | Section if the person is not engaged in the business of | 24 | | receiving green hides for the purpose of buying or selling the | 25 | | hides, whether green, dressed, processed, or tanned and the | 26 | | hides which have been tanned or processed are returned to the |
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| 1 | | person who submitted the hides for processing or tanning.
| 2 | | (Source: P.A. 89-341, eff. 8-17-95.)
| 3 | | (520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
| 4 | | Sec. 3.14. Record keeping; fur buyers and non-resident | 5 | | auction participants. All fur buyers and non-resident auction | 6 | | participants shall maintain records of the receipt, | 7 | | collection, purchase, and sale of green hides of fur-bearing | 8 | | mammals. A record of each transaction shall be created at the | 9 | | time it is executed specifying the date, numbers, and kinds of | 10 | | green hides purchased, sold, or transferred, the price paid for | 11 | | each green hide, if any, and the name, address, and Department | 12 | | customer identification number of the other party. Records of | 13 | | transactions with non-residents may substitute the Department | 14 | | customer identification number with an equivalent identifier | 15 | | such as a license or permit number from the person's place of | 16 | | residence. Records of transactions shall be retained for 2 | 17 | | years from the date of execution and shall be presented for | 18 | | inspection at any reasonable time a request is made by | 19 | | authorized employees of the Department or any sheriff, deputy | 20 | | sheriff, or peace officer. Failure to produce records of | 21 | | transactions for green hides shall be prima facie evidence that | 22 | | the green hides are contraband in this State. A numbered | 23 | | receipt shall be issued to the other party when purchasing | 24 | | green hides of fur-bearing mammals. The receipt shall specify | 25 | | the name and address of the person selling the green hides, the |
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| 1 | | numbers and kinds of green hides sold, the price paid for each | 2 | | green hide, the date of the transaction, and the name of the | 3 | | fur buyer or non-resident auction participant. Any person | 4 | | receiving, collecting or buying green hides of fur-bearing or
| 5 | | game mammals from a licensed resident retail, resident
| 6 | | wholesale or non-resident fur buyer, fur-bearing mammal | 7 | | breeder
or other fur vendor shall be furnished
with a | 8 | | certificate by such buyer, breeder or vendor showing the number | 9 | | and kinds
of such green hides received, collected or purchased, | 10 | | the date of the
transaction, the name and address of the buyer, | 11 | | breeder, or vendor, the name and
address of the person | 12 | | receiving, collecting or buying such green hides
from such | 13 | | buyer breeder, or vendor, and any other information which the
| 14 | | Department may require. The certificate, or certificates shall | 15 | | be immediately
presented for inspection to
officers and | 16 | | authorized employees of the Department, any sheriff, deputy
| 17 | | sheriff, or any other peace officer when request is made for | 18 | | same. An
invoice or export permit covering green hides of | 19 | | fur-bearing or game mammals
originating in other states may be | 20 | | accepted
in lieu of the certificates. Failure to produce such | 21 | | certificate,
invoice or export permit shall be prima facie | 22 | | evidence that such green hides are
contraband within the State | 23 | | of Illinois.
| 24 | | (Source: P.A. 81-382 .)
| 25 | | (520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
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| 1 | | Sec. 3.15. Purchase of green hides. Any manufacturer, | 2 | | converter, or consumer who purchases or receives
green hides of | 3 | | fur-bearing or game mammals for the purpose of dressing and
| 4 | | fabricating them into fur
garments or products, shall purchase | 5 | | such green hides from a duly
licensed fur buyer or fur-bearing | 6 | | mammal breeder, and shall demand from
the buyer or breeder an
| 7 | | invoice covering such purchases, indicating thereon the date of | 8 | | the transaction,
the name
and address of the fur buyer or | 9 | | fur-bearing mammal breeder, and the number and kinds of
green | 10 | | hides so purchased. Such invoices shall be presented for | 11 | | inspection
to officers and authorized employees
of the | 12 | | Department, any sheriff, deputy sheriff, or any other peace | 13 | | officer
when request is made for same. Failure to produce such | 14 | | invoice shall be
prima facie evidence that such green hides are | 15 | | contraband within this State the State of Illinois .
| 16 | | Such purchases of green hides of fur-bearing or game | 17 | | mammals
shall be made for converting or
manufacturing purposes | 18 | | only, and green hides so bought shall not be offered
for resale | 19 | | in the green or raw condition.
| 20 | | Such a manufacturer, converter or consumer may have the
| 21 | | green hides of any legally
taken fur-bearing or game mammals | 22 | | purchased from a licensed
fur buyer or fur-bearing mammal | 23 | | breeder, in his possession at any time during
the year, | 24 | | provided such green hides were purchased and are used for | 25 | | manufacturing
purposes only.
| 26 | | (Source: P.A. 81-382.)
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| 1 | | (520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
| 2 | | Sec. 3.16. Fur tanner permits. Any individual, who for | 3 | | other individuals, engages in the
business of dressing, dyeing | 4 | | or tanning the green hides of fur-bearing or
game mammals, | 5 | | protected by this Act,
shall be a fur tanner in the meaning of | 6 | | this Act.
Before any individual shall engage in the business of | 7 | | dressing, dyeing , or
tanning green hides of fur-bearing or game | 8 | | mammals, for any other individual,
he or she shall first | 9 | | procure a fur tanner permit. Fur tanner permits
shall be issued | 10 | | by the Department.
The annual fee for each fur tanner's permit | 11 | | shall be $25.00.
All fur tanner
permits shall expire on March | 12 | | 31st of each year. Any fur tanner who receives
or collects | 13 | | green hides shall require an affidavit from the shipper or | 14 | | consignor,
stating that said green hides were taken according | 15 | | to regulations of the
state where they were taken, a | 16 | | certificate of purchase as provided for in
Section 3.14 or an | 17 | | invoice as provided for in Section 3.15. The Such
affidavit, | 18 | | certificate of purchase, or invoice shall show the name and | 19 | | address
of the individual from whom the green hides were | 20 | | received or
collected and the such
records shall be kept by the | 21 | | fur tanner for a minimum period of one year
following the date | 22 | | of receipt or collection. The Such affidavit, certificate
of | 23 | | purchase, or invoice shall be immediately presented for | 24 | | inspection to
officers and authorized employees of the | 25 | | Department, any sheriff, deputy
sheriff, or any other peace |
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| 1 | | officer upon when request is made for same . Failure
to produce | 2 | | such affidavit, certificate of purchase, or invoice shall be
| 3 | | prima facie evidence that such green hides are contraband | 4 | | within this State the State
of Illinois . Upon receipt by the | 5 | | fur tanner of any green hide not accompanied
by an affidavit, | 6 | | certificate of purchase or invoice, the fur tanner shall
notify | 7 | | the shipper or consignor in writing of the requirement. The fur
| 8 | | tanner shall then hold green hides until an affidavit, | 9 | | certificate of purchase ,
or invoice is received. The Such green | 10 | | hides shall be labeled with the name
and address of the shipper | 11 | | or consignor, date of receipt , and the date
notification
was | 12 | | sent to the shipper or consignor. If the shipper or consignor | 13 | | shall
fail to furnish the said affidavit, certificate of | 14 | | purchase , or invoice within
30 days from the date of receipt of | 15 | | the green hides, the fur tanner shall
notify the Department and | 16 | | green hides shall be disposed of in accordance
with | 17 | | instructions from the Department. Additional Federal | 18 | | regulations may
apply to the hides of certain endangered | 19 | | species.
| 20 | | (Source: P.A. 84-150.)
| 21 | | (520 ILCS 5/3.16a) | 22 | | Sec. 3.16a. Non-resident auction participation permit; | 23 | | fee. Any individual who is not a resident of this State the | 24 | | State of Illinois and does not possess a non-resident fur buyer | 25 | | permit must obtain a non-resident auction participation permit |
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| 1 | | to receive, collect, buy, or act as an agent or broker in the | 2 | | receipt, collection, or purchase of the green hides of | 3 | | fur-bearing mammals at auctions organized for these purposes | 4 | | within this State the State of Illinois . Non-resident auction | 5 | | participation permits shall be issued by the Department. The | 6 | | annual fee for each non-resident auction participation permit | 7 | | is $50. Non-resident auction participation permits expire on | 8 | | April 30. A holder of a valid non-resident auction | 9 | | participation permit may receive, collect, buy, possess, | 10 | | transport, or act as an agent or broker in the receipt, | 11 | | collection, or purchase of legally taken fur-bearing mammals | 12 | | from May 1 through the next April 30 . Failure to establish | 13 | | proof of legality or origin of the green hides of fur-bearing | 14 | | mammals, however, is prima facie evidence that the green hides | 15 | | are contraband within this State the State of Illinois . Nothing | 16 | | in this Section exempts any permittee from complying with any | 17 | | federal laws, rules, or regulations that may apply to the green | 18 | | hides of fur-bearing mammals.
| 19 | | (Source: P.A. 94-212, eff. 1-1-06.)
| 20 | | (520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
| 21 | | Sec. 3.18. Non-resident fur buyers. Any individual not a | 22 | | resident of this State the State of Illinois , who,
within this | 23 | | the
State of Illinois , receives, collects or buys, or who acts | 24 | | as an agent
or broker in the receipt, collection or purchase of | 25 | | the green
hides of fur-bearing mammals, protected by this Act, |
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| 1 | | shall be a
non-resident fur buyer
in the meaning of this Act. | 2 | | Non-resident fur buyer permits shall be issued
by the | 3 | | Department.
Non-resident fur buyers must obtain a non-resident | 4 | | fur buyer permit before
receiving, collecting, or purchasing | 5 | | the green hides of fur-bearing mammals
within this State except | 6 | | that a non-resident fur buyer permit shall not be
required for | 7 | | purchasing the green hides of fur-bearing mammals from resident
| 8 | | wholesale fur buyers and resident retail fur buyers as defined | 9 | | in Sections 3.11
and 3.12 .
The annual fee for each nonresident | 10 | | fur
buyer permit shall be $250.00. All non-resident fur buyer | 11 | | permits shall
expire on April 30 of each year. A
nonresident | 12 | | fur buyer may buy, sell, possess, transport and ship
the green | 13 | | hides of any legally
taken fur-bearing mammals from May 1 | 14 | | through April 30 next thereafter ;
provided, however, that | 15 | | failure to establish proof of the
legality of or origin of the | 16 | | green hides of fur-bearing mammals
shall
be prima facie | 17 | | evidence that such green hides of fur-bearing
mammals
are | 18 | | contraband
within this State the State of Illinois . Nothing in | 19 | | this Section shall be construed
to remove such permittee from | 20 | | responsibility for the observance of any federal
laws, rules or | 21 | | regulations which may apply to the green hides of fur-bearing | 22 | | mammals.
| 23 | | (Source: P.A. 89-341, eff. 8-17-95.)
| 24 | | (520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
| 25 | | Sec. 3.19. Permit requirements. Each resident retail fur |
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| 1 | | buyer, resident wholesale fur buyer, nonresident
fur buyer, | 2 | | non-resident auction participant, fur bearing mammal breeder , | 3 | | or fur tanner shall have his or her permit
in his or her | 4 | | possession when receiving, collecting, buying, selling, or
| 5 | | offering for sale , the green hides of fur-bearing or game | 6 | | mammals or
accepting the same for dressing, dyeing, or tanning , | 7 | | and shall
immediately produce the same when requested to do so | 8 | | by an officer or authorized
employees of the Department, any | 9 | | sheriff, deputy sheriff or any other
peace officer. Persons | 10 | | conducting organized and
established auction sales or the green | 11 | | hides of fur-bearing or game
mammals, protected by this Act, | 12 | | shall be exempt from the provisions of
this Section.
| 13 | | (Source: P.A. 94-212, eff. 1-1-06.)
| 14 | | (520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
| 15 | | Sec. 3.20. Reporting; fur buyers and non-resident auction | 16 | | participants. All fur buyers and non-resident auction | 17 | | participants, shall, upon purchasing any green hide of any
| 18 | | fur-bearing mammal, protected by this Act, issue a numbered | 19 | | receipt to the
hunter,
trapper, fur buyer, fur-bearing mammal
| 20 | | breeder or other person from whom he purchased such hides, | 21 | | setting forth
the number and kinds of green hides, the date of | 22 | | purchase, the price paid
for each hide, the name and address of | 23 | | the hunter, trapper, fur buyer,
fur-bearing
mammal breeder or | 24 | | other person from whom he purchased such hides, and the
| 25 | | appropriate license number or stamp number of the hunter, |
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| 1 | | trapper, fur
buyer, fur-bearing
mammal breeder or other person | 2 | | from whom the hides were purchased, if
applicable.
The original | 3 | | receipt shall be retained by the fur buyer for a minimum of
2 | 4 | | years from the date of purchase listed on the receipt.
A | 5 | | duplicate receipt
shall be given to the hunter, trapper, fur | 6 | | buyer, fur-bearing mammal breeder
or other person from whom the | 7 | | green hides were purchased at the time of
purchase.
| 8 | | All fur buyers and non-resident auction participants shall | 9 | | submit a report to the Department on forms provided
by the | 10 | | Department showing the number and kinds of all green hides of
| 11 | | fur-bearing mammals received, collected or purchased, and the | 12 | | average price,
if any, paid therefore and such other | 13 | | information as required by the
Department.
This report shall be | 14 | | made on or before May 10 of each year and
shall include
all | 15 | | operations for the 12 months preceding May 1 of the
current | 16 | | year.
All such receipts, reports, and records required by this | 17 | | Section shall be
available for inspection by any officer or | 18 | | authorized employee of the
Department,
any sheriff, deputy | 19 | | sheriff, or any other peace officer at any reasonable
time when | 20 | | request is made for same. Failure to comply with the provisions
| 21 | | of this Section shall bar the permittee from obtaining a fur
| 22 | | buyer or non-resident auction participant permit
for the | 23 | | following year.
| 24 | | (Source: P.A. 94-212, eff. 1-1-06.)
| 25 | | (520 ILCS 5/3.12 rep.)
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| 1 | | Section 10. The Wildlife Code is amended by repealing | 2 | | Section 3.12.
| 3 | | Section 99. Effective date. This Act takes effect January | 4 | | 1, 2018.
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