Full Text of HB2461 103rd General Assembly
HB2461 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2461 Introduced 2/15/2023, by Rep. Lawrence "Larry" Walsh, Jr. SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/2.36 | from Ch. 61, par. 2.36 | 520 ILCS 5/2.37 | from Ch. 61, par. 2.37 | 520 ILCS 5/3.5 | from Ch. 61, par. 3.5 |
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Amends the Wildlife Code. Provides that any individual, corporation, or association operating under a nuisance wildlife control permit that subcontracts the operation of nuisance wildlife control to another is responsible to ensure that the subcontractor possesses a valid nuisance wildlife control permit issued by the Department of Natural Resources. Establishes penalties for violations of this provision. Provides that any person operating without the required permit is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of the Code, including the taking or attempting to take such species for commercial purposes. Provides that any devices and equipment, including vehicles, used in violation of these provisions may be subject to seizure and confiscation by an employee of the Department of Natural Resources. Makes other changes. Effective immediately.
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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 2.36, 2.37, and 3.5 as follows:
| 6 | | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
| 7 | | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | 8 | | offer to buy,
sell or
barter, and for a commercial | 9 | | institution, other than a regularly
operated refrigerated | 10 | | storage establishment, to have in its possession
any of the | 11 | | wild birds, or any part thereof (and their eggs), or wild
| 12 | | mammals or any parts thereof, protected by this Act unless
| 13 | | done as hereinafter provided:
| 14 | | Game birds or any parts thereof (and their eggs), may be | 15 | | held,
possessed, raised and sold, or otherwise dealt with, as | 16 | | provided in
Section 3.23 of this Act or when legally produced | 17 | | under similar special
permit in another state or country and | 18 | | legally transported into the
State of Illinois; provided that | 19 | | such imported game birds or any parts
thereof, shall be marked | 20 | | with permanent irremovable tags, or similar
devices, to | 21 | | establish and retain their origin and identity;
| 22 | | Rabbits may be legally taken and possessed as provided in | 23 | | Sections
3.23, 3.24, and 3.26 of this Act;
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| 1 | | Deer, or any parts thereof, may be held, possessed, sold | 2 | | or otherwise
dealt with as provided in this Section and | 3 | | Sections 3.23 and 3.24 of this Act;
| 4 | | If a properly tagged deer is processed at a licensed meat | 5 | | processing facility, the meat processor at the facility is an | 6 | | active member of the Illinois Sportsmen Against Hunger | 7 | | program, and the owner of the deer (i) fails to claim the | 8 | | processed deer within a reasonable time or (ii) notifies the | 9 | | licensed meat processing facility that the owner no longer | 10 | | wants the processed deer, then the deer meat may be given away | 11 | | by the licensed meat processor to another person or donated to | 12 | | any other charitable organization or community food bank that | 13 | | receives wild game meat. The licensed meat processing facility | 14 | | may charge the person receiving the deer meat a reasonable and | 15 | | customary processing fee; | 16 | | Meat processors who are active members of the Illinois | 17 | | Sportsmen Against Hunger program shall keep written records of | 18 | | all deer received. Records shall include the following | 19 | | information: | 20 | | (1) the date the deer was received; | 21 | | (2) the name, address, and telephone number of the
| 22 | | person from whom the deer was received; | 23 | | (3) whether the deer was received as a whole carcass
| 24 | | or as deboned meat; if the deer was brought to the
meat | 25 | | processor as deboned meat, the processor shall include the | 26 | | weight of the meat; |
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| 1 | | (4) the number and state of issuance of the permit of
| 2 | | the person from whom the deer was received; in
the absence | 3 | | of a permit number, the meat processor
may rely on the | 4 | | written certification of the
person from whom the deer was | 5 | | received that the
deer was legally taken or obtained; and | 6 | | (5) if the person who originally delivered the deer to
| 7 | | the meat processor fails to collect or make
arrangements | 8 | | for the packaged deer meat to be
collected and the meat | 9 | | processor gives all or part
of the unclaimed deer meat to | 10 | | another person, the
meat processor shall maintain a record | 11 | | of the exchange;
the meat processor's records shall | 12 | | include the
customer's name, physical address, telephone
| 13 | | number, as well as the quantity and type of deer
meat given | 14 | | to the customer. The meat processor
shall also include the | 15 | | amount of compensation
received for the deer meat in his | 16 | | or her records. | 17 | | Meat processor records for unclaimed deer meat shall be | 18 | | open for inspection by any peace officer at any reasonable | 19 | | hour. Meat processors shall maintain records for a period of 2 | 20 | | years after the date of receipt of the wild game or for as long | 21 | | as the specimen or meat remains in the meat processors | 22 | | possession, whichever is longer; | 23 | | No meat processor shall have in his or her possession any | 24 | | deer that is not listed in his or her written records and | 25 | | properly tagged or labeled; | 26 | | All licensed meat processors who ship any deer or parts of |
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| 1 | | deer that have been held, possessed, or otherwise dealt with | 2 | | shall tag or label the shipment, and the tag or label shall | 3 | | state the name of the meat processor; | 4 | | Nothing in this Section removes meat processors from | 5 | | responsibility for the observance of any State or federal | 6 | | laws, rules, or regulations that may apply to the meat | 7 | | processing business; | 8 | | Fur-bearing mammals, or any parts thereof, may be held, | 9 | | possessed,
sold or otherwise dealt with as provided in | 10 | | Sections 3.16, 3.24, and 3.26 of
this Act or when legally taken | 11 | | and possessed in Illinois or
legally taken and possessed in | 12 | | and transported from other
states or countries;
| 13 | | It is unlawful for any person to act as a nuisance wildlife | 14 | | control operator without a permit as provided in subsection | 15 | | (b) of Section 2.37 of this Act. | 16 | | The inedible parts of game mammals may be held, possessed, | 17 | | sold or
otherwise dealt with when legally taken, in Illinois | 18 | | or legally taken and
possessed in and transported
from other | 19 | | states or countries.
| 20 | | Failure to establish proof of the legality of possession | 21 | | in another
state or country and importation into the State of | 22 | | Illinois, shall be
prima facie evidence that such game birds | 23 | | or any parts thereof, and
their eggs, game mammals and | 24 | | fur-bearing mammals, or any parts thereof,
were taken within | 25 | | the State of Illinois.
| 26 | | (Source: P.A. 97-567, eff. 8-25-11.)
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| 1 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
| 2 | | Sec. 2.37. Authority to kill wildlife responsible for | 3 | | damage. | 4 | | (a) Subject to
federal regulations and Section 3 of the | 5 | | Illinois Endangered Species Act, the Department may authorize | 6 | | owners
and
tenants of lands or their agents to remove or | 7 | | destroy any wild bird
or wild mammal when the wild bird or
wild | 8 | | mammal
is known to be destroying property or causing a risk to | 9 | | human health or
safety upon his or her land.
| 10 | | Upon receipt by the Department of information from the | 11 | | owner, tenant,
or sharecropper that any one or more species of | 12 | | wildlife is damaging dams, levees, ditches, cattle pastures, | 13 | | or other
property on the land on which he resides or controls, | 14 | | together with a
statement regarding location of the property | 15 | | damages, the nature and
extent of the damage, and the | 16 | | particular species of wildlife committing
the damage, the | 17 | | Department shall make an investigation.
| 18 | | If, after investigation, the Department finds
that damage | 19 | | does exist and
can be abated only by removing or destroying
| 20 | | that wildlife, a permit shall be
issued by the Department to | 21 | | remove or destroy the species responsible for causing
the | 22 | | damage.
| 23 | | A permit to control
the damage shall be for a period of up | 24 | | to 90 days,
shall specify the means and methods by which and | 25 | | the person or persons
by whom the wildlife may be removed or |
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| 1 | | destroyed, without fee or compensation, and shall set forth | 2 | | the
disposition procedure to be made of all wildlife taken and | 3 | | other
restrictions the Director
considers necessary and | 4 | | appropriate in the
circumstances of the particular case. | 5 | | Whenever possible, the specimens
destroyed shall be given to a | 6 | | bona-fide public or State scientific,
educational, or | 7 | | zoological institution.
| 8 | | The permittee shall advise the
Department in writing, | 9 | | within 10 days after the expiration date of
the permit, of the | 10 | | number of individual species of wildlife
taken, disposition | 11 | | made of them, and any other information which
the Department | 12 | | may consider necessary.
| 13 | | (b) Subject to federal regulations and Section 3 of the | 14 | | Illinois Endangered
Species Act, the Department may grant to | 15 | | an individual,
corporation,
association or a governmental body | 16 | | the authority
to control species protected by this Code | 17 | | pursuant to the issuance of a Nuisance Wildlife Control | 18 | | Permit. The Department
shall set forth applicable regulations
| 19 | | in an Administrative Order and may require periodic reports | 20 | | listing species
taken, numbers of each species taken, dates | 21 | | when taken, and other pertinent
information.
| 22 | | Any individual, corporation, or association operating | 23 | | under a nuisance wildlife control permit that subcontracts the | 24 | | operation of nuisance wildlife control to another is | 25 | | responsible to ensure that such subcontractor possesses a | 26 | | valid nuisance wildlife control permit issued by the |
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| 1 | | Department. The individual, corporation, or association must | 2 | | maintain a record of the subcontractor including their name, | 3 | | address, and phone number, and type of work to be performed, | 4 | | for a period of not less than 2 years from the date the | 5 | | subcontractor is no longer performing services on behalf of | 6 | | the individual, corporation, or association. The records shall | 7 | | be presented to an authorized employee of the Department or | 8 | | law enforcement officer upon request for inspection. | 9 | | Any person operating without the required permit as | 10 | | outlined under this subsection (b) or in violation of this | 11 | | subsection (b) is deemed to be taking, attempting to take, | 12 | | disturbing, or harassing wildlife contrary to the provisions | 13 | | of this Code, including the taking or attempting to take such | 14 | | species for commercial purposes as outlined in Sections 2.36 | 15 | | and 2.36a of this Code. Any devices and equipment, including | 16 | | vehicles, used in violation of this subsection (b) may be | 17 | | subject to the provisions of Section 1.25 of this Code. | 18 | | (c) Except when operating under subsection (b) of this | 19 | | Section, drainage districts Drainage Districts shall have the | 20 | | authority to control beaver provided
that they must notify the | 21 | | Department in writing that a problem exists and
of their | 22 | | intention to trap the animals at least 7 days before the | 23 | | trapping
begins. The district District must identify traps | 24 | | used in beaver control outside
the dates of the furbearer | 25 | | trapping season with metal tags with the district's
name | 26 | | legibly inscribed upon them. During the furtrapping season, |
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| 1 | | traps
must be identified as prescribed by law. Conibear traps | 2 | | at least size 330
shall be used except during the statewide | 3 | | furbearer trapping season. During
that time trappers may use | 4 | | any device that is legal according to the Wildlife
Code. | 5 | | Except during the statewide furbearer trapping season, beaver | 6 | | traps
must be set in water at least 10 inches deep. Except | 7 | | during the statewide
furbearer trapping season, traps must be | 8 | | set within 10 feet of an inhabited
bank burrow or house and | 9 | | within 10 feet of a dam maintained by a beaver.
No beaver or | 10 | | other furbearer taken outside of the dates for the furbearer
| 11 | | trapping season may be sold. All animals must be given to the | 12 | | nearest
conservation officer or other Department of Natural | 13 | | Resources representative
within 48 hours
after they are caught | 14 | | unless otherwise instructed by the Department . Furbearers | 15 | | taken during the fur trapping season
may be sold provided that | 16 | | they are taken by persons who have valid trapping
licenses in | 17 | | their possession and are lawfully taken. The district District | 18 | | must
submit an annual report showing the species and numbers | 19 | | of animals caught.
The report must indicate all species which | 20 | | were taken.
| 21 | | The location of traps or snares authorized under this | 22 | | Section, either by the Department or any other governmental | 23 | | body with the authority to control species protected by this | 24 | | Code, shall be exempt from the provisions of the Freedom of | 25 | | Information Act. | 26 | | (Source: P.A. 102-524, eff. 8-20-21.)
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| 1 | | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
| 2 | | Sec. 3.5. Penalties; probation.
| 3 | | (a) Any person who violates any of the provisions of | 4 | | Section
2.36a,
including administrative rules, shall be guilty | 5 | | of a Class 3 felony, except
as otherwise provided in | 6 | | subsection (b) of this Section and subsection (a) of
Section | 7 | | 2.36a.
| 8 | | (b) Whenever any person who has not previously been | 9 | | convicted of, or
placed
on probation or court supervision for, | 10 | | any offense under Section 1.22,
2.36, or 2.36a operating | 11 | | without a permit as prescribed subsection (b) of Section 2.37 | 12 | | or subsection (i) or (cc) of Section
2.33, the court may, | 13 | | without entering a
judgment and with the person's consent, | 14 | | sentence the person to probation for a
violation of Section | 15 | | 2.36a.
| 16 | | (1) When a person is placed on probation, the court | 17 | | shall enter an order
specifying a period of probation of | 18 | | 24 months and shall defer further
proceedings in
the case | 19 | | until the conclusion of the period or until the filing of a | 20 | | petition
alleging violation of a term or condition of | 21 | | probation.
| 22 | | (2) The conditions of probation shall be that the | 23 | | person:
| 24 | | (A) Not violate
any criminal statute of any | 25 | | jurisdiction.
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| 1 | | (B) Perform no less than 30 hours of community | 2 | | service, provided
community
service is available in | 3 | | the jurisdiction and is funded and approved by the
| 4 | | county board.
| 5 | | (3) The court may, in addition to other conditions:
| 6 | | (A) Require that the person make a report to and | 7 | | appear in person before
or participate with the
court | 8 | | or courts, person, or social service agency as | 9 | | directed by the
court in the order of probation.
| 10 | | (B) Require that the person pay a fine and costs.
| 11 | | (C) Require that the person refrain from | 12 | | possessing a firearm or other
dangerous weapon.
| 13 | | (D) Prohibit the person from associating with any | 14 | | person who is actively
engaged in any of the | 15 | | activities regulated by the permits issued or | 16 | | privileges
granted by the Department of Natural | 17 | | Resources.
| 18 | | (4) Upon violation of a term or condition of | 19 | | probation, the
court
may enter a judgment on its original | 20 | | finding of guilt and proceed as otherwise
provided.
| 21 | | (5) Upon fulfillment of the terms and
conditions of | 22 | | probation, the court shall discharge the person and | 23 | | dismiss
the proceedings against the person.
| 24 | | (6) A disposition of probation is considered to be a | 25 | | conviction
for the purposes of imposing the conditions of | 26 | | probation, for appeal, and for
administrative revocation |
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| 1 | | and suspension of licenses and privileges;
however, | 2 | | discharge and dismissal under this Section is not a | 3 | | conviction for
purposes of disqualification or | 4 | | disabilities imposed by law upon conviction of
a crime.
| 5 | | (7) Discharge and dismissal under this Section
may | 6 | | occur only once
with respect to any person.
| 7 | | (8) If a person is convicted of an offense under this
| 8 | | Act within 5 years
subsequent to a discharge and dismissal | 9 | | under this Section, the discharge and
dismissal under this | 10 | | Section shall be admissible in the sentencing proceeding
| 11 | | for that conviction
as a factor in aggravation.
| 12 | | (9) The Circuit Clerk shall notify the Illinois State | 13 | | Police of all
persons convicted of or placed under | 14 | | probation for violations of Section
2.36a.
| 15 | | (c) Any person who violates any of the provisions of | 16 | | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | 17 | | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | 18 | | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 through 3.16, 3.19, | 19 | | 3.20, 3.21
(except subsections (b), (c), (d), (e), (f), (f.5), | 20 | | (g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection | 21 | | (f)), including administrative
rules, shall be guilty of a | 22 | | Class B misdemeanor.
| 23 | | A person who violates Section 2.33b by using any computer | 24 | | software or service to remotely control a weapon that takes | 25 | | wildlife by remote operation is guilty of a Class B | 26 | | misdemeanor. A person who violates Section 2.33b by |
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| 1 | | facilitating a violation of Section 2.33b, including an owner | 2 | | of land in which remote control hunting occurs, a computer | 3 | | programmer who designs a program or software to facilitate | 4 | | remote control hunting, or a person who provides weapons or | 5 | | equipment to facilitate remote control hunting, is guilty of a | 6 | | Class A misdemeanor. | 7 | | Any person who violates any of the
provisions of Sections | 8 | | 1.22, 2.2a, 2.3,
2.4, 2.36 and 2.38, including administrative | 9 | | rules, shall be guilty of a
Class A misdemeanor. Any second or | 10 | | subsequent violations of Sections
2.4 and 2.36 shall be a | 11 | | Class 4 felony.
| 12 | | Any person who violates any of the provisions of this Act, | 13 | | including
administrative rules, during such period when his | 14 | | license, privileges, or
permit is revoked or denied by virtue | 15 | | of Section 3.36, shall be guilty of a
Class A misdemeanor.
| 16 | | Any person who violates subsection (g), (i), (o), (p), | 17 | | (y), or (cc)
of Section 2.33 shall be guilty of a Class A | 18 | | misdemeanor and subject to a
fine of no less than $500 and no | 19 | | more than $5,000 in addition to other
statutory penalties. In | 20 | | addition, the Department shall suspend the privileges, under | 21 | | this Act, of any person found guilty of violating Section | 22 | | 2.33(cc) for a period of not less than one year.
| 23 | | Any person who operates without a permit in violation | 24 | | subsection (b) of Section 2.37 is guilty of a Class A | 25 | | misdemeanor and subject to a fine of no less than $500 or no | 26 | | more than $5,000 for the first offense. Any subsequent |
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| 1 | | violation is a Class 4 felony. Any other violation of | 2 | | subsection (b) of Section 2.37 including administrative rules | 3 | | is a Class B misdemeanor. | 4 | | Any person who violates any other of
the provisions of | 5 | | this Act
including administrative rules, unless otherwise | 6 | | stated, shall be
guilty of a petty offense. Offenses committed | 7 | | by minors under the
direct control or with the consent of a | 8 | | parent or guardian may subject
the parent or guardian to the | 9 | | penalties prescribed in this Section.
| 10 | | In addition to any fines imposed pursuant to the | 11 | | provisions of this
Section or as otherwise provided in this | 12 | | Act, any person found guilty of
unlawfully taking or | 13 | | possessing any species protected by this Act, shall be
| 14 | | assessed a civil penalty for such species in accordance with | 15 | | the values
prescribed in Section 2.36a of this Act. This civil | 16 | | penalty shall be
imposed by the Circuit Court for the county | 17 | | within which the offense was
committed at the time of the | 18 | | conviction. All penalties provided for in
this Section shall | 19 | | be remitted to the Department in accordance with the
same | 20 | | provisions provided for in Section 1.18 of this Act.
| 21 | | (Source: P.A. 102-538, eff. 8-20-21.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.
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