Full Text of HB0297 95th General Assembly
HB0297enr 95TH GENERAL ASSEMBLY
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing | 5 |
| Sections 2.30, 2.33, 2.36, 3.5, 3.25, 3.33, and 3.35 and by | 6 |
| adding Sections 1.2y, 1.2z, and 3.26 as follows: | 7 |
| (520 ILCS 5/1.2y new) | 8 |
| Sec. 1.2y. "Hound running" means pursuing any fox, coyote, | 9 |
| raccoon, or rabbit with a hound. | 10 |
| (520 ILCS 5/1.2z new)
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| Sec. 1.2z. "Authorized species" means any fox, coyote, | 12 |
| raccoon, or rabbit associated with a hound running area.
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| (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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| Sec. 2.30. It shall be unlawful for any person to trap or | 15 |
| to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, | 16 |
| red fox,
raccoon, weasel, mink, muskrat, badger, and opossum | 17 |
| except during
the open season which will be set annually by the | 18 |
| Director between 12:01
a.m., November 1 to 12:00 midnight, | 19 |
| February 15, both inclusive.
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| It is unlawful for any person to take bobcat or river otter
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| in this State at any time.
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| It is unlawful to pursue any fur-bearing mammal with a dog | 2 |
| or dogs
between the hours of sunset and sunrise during the 10 | 3 |
| day period
preceding the opening date of the raccoon hunting | 4 |
| season and the 10 day
period following the closing date of the | 5 |
| raccoon hunting season except
that the Department may issue | 6 |
| field trial permits in accordance with Section
2.34 of this | 7 |
| Act. A non-resident from a state with more restrictive
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| fur-bearer pursuit regulations for any particular species than | 9 |
| provided for
that species in this Act may not pursue that | 10 |
| species in Illinois except
during the period of time that | 11 |
| Illinois residents are allowed to pursue
that species in the | 12 |
| non-resident's state of residence. Hound running areas
Fenced | 13 |
| fox hound
training enclosures approved by the Department shall | 14 |
| be exempt from the
provisions of this Section.
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| It shall be unlawful to take beaver, weasel, mink or | 16 |
| muskrat except during
the open season set annually by the | 17 |
| Director, and then, only with traps.
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| It shall be unlawful for any person to trap beaver with | 19 |
| traps except during
the open season which will be set annually | 20 |
| by the Director between 12:01
a.m., November 1st and 12:00 | 21 |
| midnight, March 31.
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| Coyote may be taken by trapping methods only during the | 23 |
| period from
September 1 to March 1, both inclusive, and by | 24 |
| hunting methods at any time.
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| Striped skunk may be taken by trapping methods only during | 26 |
| the period
from September 1 to March 1, both inclusive, and by |
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| hunting methods at
any time.
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| For the purpose of taking fur-bearing mammals, the State | 3 |
| may be
divided into management zones by administrative rule.
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| The provisions of this Section are subject to modification | 5 |
| by
administrative rule.
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| (Source: P.A. 89-341, eff. 8-17-95.)
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| (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| Sec. 2.33. Prohibitions.
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| (a) It is unlawful to carry or possess any gun in any
State | 10 |
| refuge unless otherwise permitted by administrative rule.
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| (b) It is unlawful to use or possess any snare or | 12 |
| snare-like device,
deadfall, net, or pit trap to take any | 13 |
| species, except that snares not
powered by springs or other | 14 |
| mechanical devices may be used to trap
fur-bearing mammals, in | 15 |
| water sets only, if at least one-half of the snare
noose is | 16 |
| located underwater at all times.
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| (c) It is unlawful for any person at any time to take a | 18 |
| wild mammal
protected by this Act from its den by means of any | 19 |
| mechanical device,
spade, or digging device or to use smoke or | 20 |
| other gases to dislodge or
remove such mammal except as | 21 |
| provided in Section 2.37.
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| (d) It is unlawful to use a ferret or any other small | 23 |
| mammal which is
used in the same or similar manner for which | 24 |
| ferrets are used for the
purpose of frightening or driving any | 25 |
| mammals from their dens or hiding places.
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| (e) (Blank).
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| (f) It is unlawful to use spears, gigs, hooks or any like | 3 |
| device to
take any species protected by this Act.
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| (g) It is unlawful to use poisons, chemicals or explosives | 5 |
| for the
purpose of taking any species protected by this Act.
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| (h) It is unlawful to hunt adjacent to or near any peat, | 7 |
| grass,
brush or other inflammable substance when it is burning.
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| (i) It is unlawful to take, pursue or intentionally harass | 9 |
| or disturb
in any manner any wild birds or mammals by use or | 10 |
| aid of any vehicle or
conveyance, except as permitted by the | 11 |
| Code of Federal Regulations for the
taking of waterfowl. It is | 12 |
| also unlawful to use the lights of any vehicle
or conveyance or | 13 |
| any light from or any light connected to the
vehicle or | 14 |
| conveyance in any area where wildlife may be found except in
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| accordance with Section 2.37 of this Act; however, nothing in | 16 |
| this
Section shall prohibit the normal use of headlamps for the | 17 |
| purpose of driving
upon a roadway. Striped skunk, opossum, red | 18 |
| fox, gray
fox, raccoon and coyote may be taken during the open | 19 |
| season by use of a small
light which is worn on the body or | 20 |
| hand-held by a person on foot and not in any
vehicle.
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| (j) It is unlawful to use any shotgun larger than 10 gauge | 22 |
| while
taking or attempting to take any of the species protected | 23 |
| by this Act.
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| (k) It is unlawful to use or possess in the field any | 25 |
| shotgun shell loaded
with a shot size larger than lead BB or | 26 |
| steel T (.20 diameter) when taking or
attempting to take any |
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| species of wild game mammals (excluding white-tailed
deer), | 2 |
| wild game birds, migratory waterfowl or migratory game birds | 3 |
| protected
by this Act, except white-tailed deer as provided for | 4 |
| in Section 2.26 and other
species as provided for by subsection | 5 |
| (l) or administrative rule.
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| (l) It is unlawful to take any species of wild game, except
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| white-tailed deer, with a shotgun loaded with slugs unless | 8 |
| otherwise
provided for by administrative rule.
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| (m) It is unlawful to use any shotgun capable of holding | 10 |
| more than 3
shells in the magazine or chamber combined, except | 11 |
| on game breeding and
hunting preserve areas licensed under | 12 |
| Section 3.27 and except as permitted by
the Code of Federal | 13 |
| Regulations for the taking of waterfowl. If the shotgun
is | 14 |
| capable of holding more than 3 shells, it shall, while being | 15 |
| used on an
area other than a game breeding and shooting | 16 |
| preserve area licensed
pursuant to Section 3.27, be fitted with | 17 |
| a one piece plug that is
irremovable without dismantling the | 18 |
| shotgun or otherwise altered to
render it incapable of holding | 19 |
| more than 3 shells in the magazine and
chamber, combined.
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| (n) It is unlawful for any person, except persons who | 21 |
| possess a permit to
hunt from a vehicle as provided in this | 22 |
| Section and persons otherwise permitted
by law, to have or | 23 |
| carry any gun in or on any vehicle, conveyance or aircraft,
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| unless such gun is unloaded and enclosed in a case, except that | 25 |
| at field trials
authorized by Section 2.34 of this Act, | 26 |
| unloaded guns or guns loaded with blank
cartridges only, may be |
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| carried on horseback while not contained in a case, or
to have | 2 |
| or carry any bow or arrow device in or on any vehicle unless | 3 |
| such bow
or arrow device is unstrung or enclosed in a case, or | 4 |
| otherwise made
inoperable.
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| (o) It is unlawful to use any crossbow for the purpose of | 6 |
| taking any
wild birds or mammals, except as provided for in | 7 |
| Section 2.33.
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| (p) It is unlawful to take game birds, migratory game birds | 9 |
| or
migratory waterfowl with a rifle, pistol, revolver or | 10 |
| airgun.
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| (q) It is unlawful to fire a rifle, pistol, revolver or | 12 |
| airgun on,
over or into any waters of this State, including | 13 |
| frozen waters.
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| (r) It is unlawful to discharge any gun or bow and arrow | 15 |
| device
along, upon, across, or from any public right-of-way or | 16 |
| highway in this State.
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| (s) It is unlawful to use a silencer or other device to | 18 |
| muffle or
mute the sound of the explosion or report resulting | 19 |
| from the firing of
any gun.
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| (t) It is unlawful for any person to trap or hunt, or | 21 |
| intentionally or wantonly allow a dog to
hunt, within or upon | 22 |
| the land of another, or upon waters flowing over or
standing on | 23 |
| the land of another, without first obtaining permission from
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| the owner or tenant. It shall be prima facie evidence that a | 25 |
| person does
not have permission of the owner or tenant if the | 26 |
| person is unable to
demonstrate to the law enforcement officer |
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| in the field that permission had
been obtained. This provision | 2 |
| may only be rebutted by testimony of the
owner or tenant that | 3 |
| permission had been given. Before enforcing this
Section the | 4 |
| law enforcement officer must have received notice from the
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| owner or tenant of a violation of this Section. Statements made | 6 |
| to the
law enforcement officer regarding this notice shall not | 7 |
| be rendered
inadmissible by the hearsay rule when offered for | 8 |
| the purpose of showing the
required notice.
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| (u) It is unlawful for any person to discharge any firearm | 10 |
| for the purpose
of taking any of the species protected by this | 11 |
| Act, or hunt with gun or
dog, or intentionally or wantonly | 12 |
| allow a dog to hunt, within 300 yards of an inhabited dwelling | 13 |
| without
first obtaining permission from the owner or tenant, | 14 |
| except that while
trapping, hunting with bow and arrow, hunting | 15 |
| with dog and shotgun using shot
shells only, or hunting with | 16 |
| shotgun using shot shells only, or
on licensed game breeding | 17 |
| and hunting preserve areas, as defined in Section
3.27, on | 18 |
| property operated under a Migratory Waterfowl Hunting Area | 19 |
| Permit, on
federally owned and managed lands and on Department | 20 |
| owned, managed, leased or
controlled lands, a 100 yard | 21 |
| restriction shall apply.
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| (v) It is unlawful for any person to remove fur-bearing | 23 |
| mammals from, or
to move or disturb in any manner, the traps | 24 |
| owned by another person without
written authorization of the | 25 |
| owner to do so.
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| (w) It is unlawful for any owner of a dog to knowingly or |
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| wantonly allow
his or her dog to pursue, harass or kill deer, | 2 |
| except that nothing in this Section shall prohibit the tracking | 3 |
| of wounded deer with a dog in accordance with the provisions of | 4 |
| Section 2.26 of this Code.
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| (x) It is unlawful for any person to wantonly or carelessly | 6 |
| injure
or destroy, in any manner whatsoever, any real or | 7 |
| personal property on
the land of another while engaged in | 8 |
| hunting or trapping thereon.
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| (y) It is unlawful to hunt wild game protected by this Act | 10 |
| between one
half hour after sunset and one half hour before | 11 |
| sunrise, except that
hunting hours between one half hour after | 12 |
| sunset and one half hour
before sunrise may be established by | 13 |
| administrative rule for fur-bearing
mammals.
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| (z) It is unlawful to take any game bird (excluding wild | 15 |
| turkeys and
crippled pheasants not capable of normal flight and | 16 |
| otherwise irretrievable)
protected by this Act when not flying. | 17 |
| Nothing in this Section shall prohibit
a person from carrying | 18 |
| an uncased, unloaded shotgun in a boat, while in pursuit
of a | 19 |
| crippled migratory waterfowl that is incapable of normal | 20 |
| flight, for the
purpose of attempting to reduce the migratory | 21 |
| waterfowl to possession, provided
that the attempt is made | 22 |
| immediately upon downing the migratory waterfowl and
is done | 23 |
| within 400 yards of the blind from which the migratory | 24 |
| waterfowl was
downed. This exception shall apply only to | 25 |
| migratory game birds that are not
capable of normal flight. | 26 |
| Migratory waterfowl that are crippled may be taken
only with a |
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| shotgun as regulated by subsection (j) of this Section using
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| shotgun shells as regulated in subsection (k) of this Section.
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| (aa) It is unlawful to use or possess any device that may | 4 |
| be used for
tree climbing or cutting, while hunting fur-bearing | 5 |
| mammals.
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| (bb) It is unlawful for any person, except licensed game | 7 |
| breeders,
pursuant to Section 2.29 to import, carry into, or | 8 |
| possess alive in this
State any species of wildlife taken | 9 |
| outside of this State, without
obtaining permission to do so | 10 |
| from the Director.
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| (cc) It is unlawful for any person to have in his or her
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| possession any freshly killed species protected by this Act | 13 |
| during the season
closed for taking.
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| (dd) It is unlawful to take any species protected by this | 15 |
| Act and retain
it alive except as provided by administrative | 16 |
| rule .
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| (ee) It is unlawful to possess any rifle while in the field | 18 |
| during gun
deer season except as provided in Section 2.26 and | 19 |
| administrative rules.
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| (ff) It is unlawful for any person to take any species | 21 |
| protected by
this Act, except migratory waterfowl, during the | 22 |
| gun deer hunting season in
those counties open to gun deer | 23 |
| hunting, unless he or she wears, when in
the field, a cap and | 24 |
| upper outer garment of a solid blaze orange color, with
such | 25 |
| articles of clothing displaying a minimum of 400 square inches | 26 |
| of
blaze orange material.
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| (gg) It is unlawful during the upland game season for any | 2 |
| person to take
upland game with a firearm unless he or she | 3 |
| wears, while in the field, a
cap of solid blaze orange color. | 4 |
| For purposes of this Act, upland game is
defined as Bobwhite | 5 |
| Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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| Cottontail and Swamp Rabbit.
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| (hh) It shall be unlawful to kill or cripple any species | 8 |
| protected by
this Act for which there is a daily bag limit | 9 |
| without making a reasonable
effort to retrieve such species and | 10 |
| include such in the daily bag limit.
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| (ii) This Section shall apply only to those species | 12 |
| protected by this
Act taken within the State. Any species or | 13 |
| any parts thereof, legally taken
in and transported from other | 14 |
| states or countries, may be possessed
within the State, except | 15 |
| as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| (jj) Nothing contained in this Section shall prohibit the | 17 |
| use of bow
and arrow, or prevent the Director from issuing | 18 |
| permits to use a crossbow
to handicapped persons as provided by | 19 |
| administrative rule. As used herein,
"handicapped persons" | 20 |
| means those persons who have a permanent physical
impairment | 21 |
| due to injury or disease, congenital or acquired, which renders
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| them so severely disabled as to be unable to use a conventional | 23 |
| bow and arrow
device. Permits will be issued only after the | 24 |
| receipt of a physician's
statement confirming the applicant is | 25 |
| handicapped as defined above.
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| (kk) Nothing contained in this Section shall prohibit the |
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| Director
from issuing permits to paraplegics or to other | 2 |
| disabled persons who meet the
requirements set forth in | 3 |
| administrative rule to shoot or hunt from a vehicle
as provided | 4 |
| by that rule, provided that such is otherwise in accord with | 5 |
| this
Act.
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| (ll) Nothing contained in this Act shall prohibit the | 7 |
| taking of aquatic
life protected by the Fish and Aquatic Life | 8 |
| Code or birds and mammals
protected by this Act, except deer | 9 |
| and fur-bearing mammals, from a boat not
camouflaged or | 10 |
| disguised to alter its identity or to further provide a place
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| of concealment and not propelled by sail or mechanical power. | 12 |
| However, only
shotguns not larger than 10 gauge nor smaller | 13 |
| than .410 bore loaded with not
more than 3 shells of a shot | 14 |
| size no larger than lead BB or steel T (.20
diameter) may be | 15 |
| used to take species protected by this Act.
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| (mm) Nothing contained in this Act shall prohibit the use | 17 |
| of a shotgun,
not larger than 10 gauge nor smaller than a 20 | 18 |
| gauge, with a rifled barrel.
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| (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
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| (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
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| Sec. 2.36. It shall be unlawful to buy, sell or barter, or | 22 |
| offer to buy,
sell or
barter, and for a commercial institution, | 23 |
| other than a regularly
operated refrigerated storage | 24 |
| establishment, to have in its possession
any of the wild birds, | 25 |
| or any part thereof (and their eggs), or wild
mammals or any |
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| parts thereof, protected by this Act unless
done as hereinafter | 2 |
| provided:
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| Game birds or any parts thereof (and their eggs), may be | 4 |
| held,
possessed, raised and sold, or otherwise dealt with, as | 5 |
| provided in
Section 3.23 of this Act or when legally produced | 6 |
| under similar special
permit in another state or country and | 7 |
| legally transported into the
State of Illinois; provided that | 8 |
| such imported game birds or any parts
thereof, shall be marked | 9 |
| with permanent irremovable tags, or similar
devices, to | 10 |
| establish and retain their origin and identity;
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| Rabbits may be legally taken and possessed as provided in | 12 |
| Sections
3.23 ,
and 3.24 , and 3.26 of this Act;
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| Deer, or any parts thereof, may be held, possessed, sold or | 14 |
| otherwise
dealt with as provided in this Section and Sections | 15 |
| 3.23 and 3.24 of this Act;
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| Fur-bearing mammals, or any parts thereof, may be held, | 17 |
| possessed,
sold or otherwise dealt with as provided in Sections | 18 |
| 3.16 ,
and 3.24 , and 3.26 of
this Act or when legally taken and | 19 |
| possessed in Illinois or
legally taken and possessed in and | 20 |
| transported from other
states or countries;
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| The inedible parts of game mammals may be held, possessed, | 22 |
| sold or
otherwise dealt with when legally taken, in Illinois or | 23 |
| legally taken and
possessed in and transported
from other | 24 |
| states or countries.
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| Failure to establish proof of the legality of possession in | 26 |
| another
state or country and importation into the State of |
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| Illinois, shall be
prima facie evidence that such game birds or | 2 |
| any parts thereof, and
their eggs, game mammals and fur-bearing | 3 |
| mammals, or any parts thereof,
were taken within the State of | 4 |
| Illinois.
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| (Source: P.A. 82-434.)
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| (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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| Sec. 3.5. Penalties; probation.
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| (a) Any person who violates any of the provisions of | 9 |
| Section
2.36a,
including administrative rules, shall be guilty | 10 |
| of a Class 3 felony, except
as otherwise provided in subsection | 11 |
| (b) of this Section and subsection (a) of
Section 2.36a.
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| (b) Whenever any person who has not previously been | 13 |
| convicted of, or
placed
on probation or court supervision for, | 14 |
| any offense under Section 1.22,
2.36, or 2.36a or subsection | 15 |
| (i) or (cc) of Section
2.33, the court may, without entering a
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| judgment and with the person's consent, sentence the person to | 17 |
| probation for a
violation of Section 2.36a.
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| (1) When a person is placed on probation, the court | 19 |
| shall enter an order
specifying a period of probation of 24 | 20 |
| months and shall defer further
proceedings in
the case | 21 |
| until the conclusion of the period or until the filing of a | 22 |
| petition
alleging violation of a term or condition of | 23 |
| probation.
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| (2) The conditions of probation shall be that the | 25 |
| person:
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| (A) Not violate
any criminal statute of any | 2 |
| jurisdiction.
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| (B) Perform no less than 30 hours of community | 4 |
| service, provided
community
service is available in | 5 |
| the jurisdiction and is funded and approved by the
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| county board.
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| (3) The court may, in addition to other conditions:
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| (A) Require that the person make a report to and | 9 |
| appear in person before
or participate with the
court | 10 |
| or courts, person, or social service agency as directed | 11 |
| by the
court in the order of probation.
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| (B) Require that the person pay a fine and costs.
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| (C) Require that the person refrain from | 14 |
| possessing a firearm or other
dangerous weapon.
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| (D) Prohibit the person from associating with any | 16 |
| person who is actively
engaged in any of the activities | 17 |
| regulated by the permits issued or privileges
granted | 18 |
| by the Department of Natural Resources.
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| (4) Upon violation of a term or condition of probation, | 20 |
| the
court
may enter a judgment on its original finding of | 21 |
| guilt and proceed as otherwise
provided.
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| (5) Upon fulfillment of the terms and
conditions of | 23 |
| probation, the court shall discharge the person and dismiss
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| the proceedings against the person.
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| (6) A disposition of probation is considered to be a | 26 |
| conviction
for the purposes of imposing the conditions of |
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| probation, for appeal, and for
administrative revocation | 2 |
| and suspension of licenses and privileges;
however, | 3 |
| discharge and dismissal under this Section is not a | 4 |
| conviction for
purposes of disqualification or | 5 |
| disabilities imposed by law upon conviction of
a crime.
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| (7) Discharge and dismissal under this Section
may | 7 |
| occur only once
with respect to any person.
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| (8) If a person is convicted of an offense under this
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| Act within 5 years
subsequent to a discharge and dismissal | 10 |
| under this Section, the discharge and
dismissal under this | 11 |
| Section shall be admissible in the sentencing proceeding
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| for that conviction
as a factor in aggravation.
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| (9) The Circuit Clerk shall notify the Department of | 14 |
| State Police of all
persons convicted of or placed under | 15 |
| probation for violations of Section
2.36a.
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| (c) Any person who violates any of the provisions of | 17 |
| Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | 18 |
| 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | 19 |
| and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 | 20 |
| (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), | 21 |
| and (i)), and 3.24, 3.25, and 3.26 (except subsection (f))
3.24 - | 22 |
| 3.26 , including administrative
rules, shall be guilty of a | 23 |
| Class B misdemeanor.
| 24 |
| Any person who violates any of the
provisions of Sections | 25 |
| 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | 26 |
| be guilty of a
Class A misdemeanor. Any second or subsequent |
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| violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
| 2 |
| Any person who violates any of the provisions of this Act, | 3 |
| including
administrative rules, during such period when his | 4 |
| license, privileges, or
permit is revoked or denied by virtue | 5 |
| of Section 3.36, shall be guilty of a
Class A misdemeanor.
| 6 |
| Any person who violates subsection (g), (i), (o), (p), (y), | 7 |
| or (cc)
of Section 2.33 shall be guilty of a Class A | 8 |
| misdemeanor and subject to a
fine of no less than $500 and no | 9 |
| more than $5,000 in addition to other
statutory penalties.
| 10 |
| Any person who violates any other of
the provisions of this | 11 |
| Act
including administrative rules, unless otherwise stated, | 12 |
| shall be
guilty of a petty offense. Offenses committed by | 13 |
| minors under the
direct control or with the consent of a parent | 14 |
| or guardian may subject
the parent or guardian to the penalties | 15 |
| prescribed in this Section.
| 16 |
| In addition to any fines imposed pursuant to the provisions | 17 |
| of this
Section or as otherwise provided in this Act, any | 18 |
| person found guilty of
unlawfully taking or possessing any | 19 |
| species protected by this Act, shall be
assessed a civil | 20 |
| penalty for such species in accordance with the values
| 21 |
| prescribed in Section 2.36a of this Act. This civil penalty | 22 |
| shall be
imposed by the Circuit Court for the county within | 23 |
| which the offense was
committed at the time of the conviction. | 24 |
| All penalties provided for in
this Section shall be remitted to | 25 |
| the Department in accordance with the
same provisions provided | 26 |
| for in Section 1.18 of this Act.
|
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| 1 |
| (Source: P.A. 94-222, eff. 7-14-05.)
| 2 |
| (520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
| 3 |
| Sec. 3.25. Any individual who, within the State of
| 4 |
| Illinois, holds, possesses
or engages in the breeding or | 5 |
| raising of live fur-bearing mammals, protected
by this Act, | 6 |
| except as provided in Sections 1.6 or 1.7, shall be a | 7 |
| fur-bearing
mammal breeder in the meaning of this Act. Before | 8 |
| any individual shall hold,
possess or engage in the breeding or | 9 |
| raising of live fur-bearing mammals,
he shall first procure a | 10 |
| fur-bearing mammal breeder permit. Fur-bearing
mammal breeder | 11 |
| permits shall be issued by the Department. The annual fee
for | 12 |
| each fur-bearing mammal breeder permit shall be $25. All | 13 |
| fur-bearing
mammal breeder permits shall expire on March 31 of | 14 |
| each year.
| 15 |
| Holders of fur-bearing mammal breeder permits may hold, | 16 |
| possess, engage
in the breeding or raising, sell, or otherwise | 17 |
| dispose of live fur-bearing
mammals or their green hides, | 18 |
| possessed thereunder, at any time of the year.
| 19 |
| Fur-bearing mammal breeders shall keep a record for 2 years | 20 |
| from the
date of the acquisition,
sale or other disposition
of | 21 |
| each live fur-bearing mammal or its green hide so raised or | 22 |
| propagated,
showing the date of such transaction, the name and | 23 |
| address of the
individual
receiving or buying such live | 24 |
| fur-bearing mammal or its green hide, and
when requested to do | 25 |
| so, shall furnish such individual with
a certificate of
|
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HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| purchase showing the number and kinds of live fur-bearing | 2 |
| mammals or green
hides so disposed of, the date of the | 3 |
| transaction, the name and permit number
of the breeder, and the | 4 |
| name of the individual receiving,
collecting, or buying
such | 5 |
| live fur-bearing mammals or green hides, and such other | 6 |
| information
as the Department may require. Such records and | 7 |
| certificates of purchase
shall be immediately presented to | 8 |
| officers or authorized employees of the
Department, any | 9 |
| sheriff, deputy sheriff, or other peace officer when request
is | 10 |
| made for same. Failure to produce such records or certificates | 11 |
| of purchase
shall be prima facie evidence that such live | 12 |
| fur-bearing mammals or green
hides are contraband with the | 13 |
| State of Illinois. The holder of a fur-bearing
mammal breeder | 14 |
| permit may exhibit fur-bearing mammals commercially.
| 15 |
| Nothing in this Section shall be construed to give any such | 16 |
| permittee
authority to take fur-bearing mammals in their wild | 17 |
| state contrary to
other provisions of this Act, or to remove | 18 |
| such permittee from
responsibility for the observance of any | 19 |
| Federal Laws, rules or
regulations which may apply to such | 20 |
| fur-bearing mammals.
| 21 |
| Holders of fur-bearing mammal breeder permits may import | 22 |
| fur-bearing mammals
into the State of Illinois but may release | 23 |
| the same only after health and
disease prevention requirements | 24 |
| set forth by the Director and other State
agencies have been | 25 |
| met and permission of the Director has been granted.
| 26 |
| The breeding, raising and producing in captivity, and the |
|
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HB0297 Enrolled |
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| marketing, by
the producer, of mink (Mustela vison), red fox | 2 |
| (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live | 3 |
| animals, or as animal pelts or carcasses shall be
deemed an | 4 |
| agricultural pursuit, and all such animals so raised in | 5 |
| captivity
shall be deemed domestic animals, subject to all
the | 6 |
| laws of the State with reference to possession and ownership as | 7 |
| are
applicable at any time to domestic
animals. All individuals | 8 |
| engaged in the foregoing
activities are fur farmers and engaged | 9 |
| in farming for all statutory
purposes. Such individuals are | 10 |
| exempt from the fur-bearing mammal breeder
permit requirements | 11 |
| set forth in this Section if: (1) they are defined as
farmers | 12 |
| for Federal income tax purposes, and (2) at least 20 percent of
| 13 |
| their gross farm income as reported on Federal tax form | 14 |
| Schedule F (Form
1040) for the previous year is generated from | 15 |
| the sale of mink, red fox or
arctic fox as live animals, animal | 16 |
| pelts or carcasses.
| 17 |
| No fur-bearing mammal breeder permits will be issued to | 18 |
| hold,
possess, or engage in the breeding and raising of striped | 19 |
| skunks acquired after
July 1, 1975, or coyotes acquired after | 20 |
| July 1, 1978 , except for coyotes that are held or possessed by | 21 |
| a person who holds a hound running area permit under Section | 22 |
| 3.26 of this Act .
| 23 |
| (Source: P.A. 86-920.)
| 24 |
| (520 ILCS 5/3.26 new) | 25 |
| Sec. 3.26. Hound running area permits; requirements. |
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| 1 |
| (a) Any person owning, holding, or controlling by lease, | 2 |
| for a term of at least 5 years, any contiguous tract of land | 3 |
| having an area prescribed by administrative rule who desires to | 4 |
| establish a hound running area to pursue authorized species | 5 |
| with hounds in a way that is not designed to capture or kill | 6 |
| the authorized species, shall apply to the Department for a | 7 |
| hound running area permit under this Section. The application | 8 |
| shall be made under oath of the applicant or under oath of one | 9 |
| of the applicant's principal officers if the applicant is an | 10 |
| association, club, or corporation. The annual fee for each | 11 |
| hound running area permit is $250. All hound running area | 12 |
| permits expire on March 31 of each year. | 13 |
| Every applicant under this Section must also hold a | 14 |
| fur-bearing mammal breeder permit or a Class B commercial game | 15 |
| breeder permit, as appropriate. | 16 |
| Upon receipt of an application, the Department is | 17 |
| authorized to inspect the area proposed to be a hound running | 18 |
| area as described in the application, the general premises, the | 19 |
| facilities where the authorized species are to be maintained or | 20 |
| propagated, and the habitat for the authorized species. As part | 21 |
| of the application and inspection process, the Department shall | 22 |
| assess the ability of the applicant to operate a property as a | 23 |
| hound running area. If the Department finds that (i) the area | 24 |
| meets the requirements of all applicable laws and rules, (ii) | 25 |
| the authorized species are healthy and disease free, and (iii) | 26 |
| the issuing of the permit will otherwise be in the public |
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| 1 |
| interest, then the Department shall approve the application and | 2 |
| issue the permit for the operation of the property described in | 3 |
| the application. | 4 |
| (b) Hound running areas shall be operated in a manner | 5 |
| consistent with the following: | 6 |
| (1) Authorized species may be pursued with dogs in a | 7 |
| hound running area, but not in a manner or with the intent | 8 |
| to capture or kill. The Department shall promulgate rules | 9 |
| that establish appropriate and prohibited activities for | 10 |
| hound running areas. | 11 |
| (2) Every hound running area shall have dog-proof | 12 |
| escape areas. "Dog-proof escape area" means a culvert, | 13 |
| brush pile, fenced refuge, or other structure suitable for | 14 |
| use by authorized species to safely escape from dogs | 15 |
| present on the hound running area. The number, type, and | 16 |
| spacing of dog-proof escape areas shall be prescribed by | 17 |
| administrative rule. | 18 |
| (3) Every permit holder shall promptly post on the | 19 |
| hound running area, at intervals of not more than 500 feet, | 20 |
| signs prescribed by the Department by administrative rule. | 21 |
| The boundaries of the hound running area shall also be | 22 |
| clearly defined by fencing and signs under administrative | 23 |
| rules promulgated by the Department. The area, signs, | 24 |
| fencing, dog-proof escape areas, and facilities to | 25 |
| maintain the authorized species are subject to inspection | 26 |
| by the Department at any reasonable time. |
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|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| 1 |
| (4) A permit holder may maintain authorized species in | 2 |
| temporary confinement facilities on the hound running area | 3 |
| or at another location inspected by the Department and | 4 |
| specified on the permit. Authorized species held by a | 5 |
| permit holder may only be released into a hound running | 6 |
| area, except that authorized species held by a permit | 7 |
| holder may be released into the wild, exported, or given to | 8 |
| a person that does not hold a hound running area permit or | 9 |
| a fur-bearing mammal breeder permit or a Class B Commercial | 10 |
| game breeders permit as appropriate, after written | 11 |
| authorization is obtained from the Director. Prior to being | 12 |
| released into a hound running area, all newly acquired | 13 |
| authorized species shall be provided at least 7 days to | 14 |
| acclimate to the hound running area in which the animal | 15 |
| will be pursued. Authorized species held under a permit are | 16 |
| subject to inspection by an agent of the Department and | 17 |
| this inspection may include removal of reasonable samples | 18 |
| for examination. | 19 |
| (5) Any person who releases or handles dogs on a hound | 20 |
| running area is subject to the hunting license and habitat | 21 |
| stamp requirements of this Act. | 22 |
| (6) The permit holder shall keep accurate permanent | 23 |
| records on forms prescribed by the Department. The | 24 |
| permanent records shall include, for each supplier of | 25 |
| authorized species: (i) the supplier's full name, address, | 26 |
| and telephone numbers; (ii) the number, sex, and identifier |
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| 1 |
| designation of each animal purchased, donated, sold, | 2 |
| traded, or given to the permit holder by that supplier; and | 3 |
| (iii) the date of the event or transaction. The permanent | 4 |
| records shall also include the identification of all | 5 |
| authorized species, while under the control of the permit | 6 |
| holder on the area or elsewhere, by identifier designation | 7 |
| and sex, along with information for each animal of the | 8 |
| authorized species that gave birth, was born, died, or was | 9 |
| disposed of in some other manner or that was sold, traded, | 10 |
| donated, or conveyed in some other manner, and the dates on | 11 |
| which those events occurred. | 12 |
| (7) Every permit holder shall attach an individually | 13 |
| marked identifier provided by the Department to each animal | 14 |
| of the authorized species maintained by the permit holder. | 15 |
| The permit holder shall pay a fee for each identifier as | 16 |
| established by the Department by administrative rule. The | 17 |
| permit holder shall record the identifier for each animal | 18 |
| maintained on the area or elsewhere or released into the | 19 |
| area. | 20 |
| (8) Any person using the hound running area shall at | 21 |
| all times respect the property rights of the property | 22 |
| owners and the owners of adjacent properties, and shall not | 23 |
| injure or destroy any livestock or property of any of those | 24 |
| property owners. Springs and streams shall not be | 25 |
| contaminated or polluted in any manner by persons using the | 26 |
| hound running area. The natural use of springs and streams |
|
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HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
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| 1 |
| by dogs using the area shall not constitute contamination | 2 |
| or pollution. Unless the express permission of the property | 3 |
| owner has been given, no person using a hound running area | 4 |
| may (i) mutilate or cut trees or shrubs on the hound | 5 |
| running area or (ii) pick berries, fruits, or nuts present | 6 |
| on the hound running area. | 7 |
| (c) Except as otherwise provided by administrative rule, it | 8 |
| is unlawful for any person to enter a hound running area at any | 9 |
| time with a firearm, bow and arrow, or trap. | 10 |
| (d) A hound running area permit is not transferable from | 11 |
| one person to another. When a permit holder sells or leases the | 12 |
| property that comprises or includes a hound running area and | 13 |
| the purchaser or lessee intends to continue to use the hound | 14 |
| running area under this Section, the purchaser or lessee must | 15 |
| apply for a permit as provided in subsection (a) of this | 16 |
| Section. | 17 |
| (e) All authorized species must be legally acquired. | 18 |
| (f) A person breeding or otherwise maintaining authorized | 19 |
| species in conjunction with a hound running area must have the | 20 |
| authorized species annually inspected and certified by a | 21 |
| licensed Illinois veterinarian to be disease free. Anyone | 22 |
| violating this subsection (f) is guilty of a business offense | 23 |
| and shall be fined an amount not exceeding $5,000. | 24 |
| (g) The provisions of this Section are subject to | 25 |
| modification by administrative rule.
|
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
|
| 1 |
| (520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
| 2 |
| Sec. 3.33. The Department may either refuse to issue or | 3 |
| refuse to renew or may
suspend or may revoke any game breeding | 4 |
| and hunting preserve area license
or hound running area permit | 5 |
| if the Department finds that such licensed area or the operator | 6 |
| thereof is
not complying or does not comply with the provisions | 7 |
| of Section 3.35 of
this Act, or that such property, or area is | 8 |
| operated in violation of other
provisions of this Act, or in an | 9 |
| unlawful or illegal manner; however, the
Department shall not | 10 |
| refuse to issue, refuse to renew nor suspend or revoke
any | 11 |
| license for any of these causes, unless the licensee affected | 12 |
| has been
given at least 15 days notice, in writing, of the | 13 |
| reasons for the action of
the Department and an opportunity to | 14 |
| appear before the Department or a
representative thereof in | 15 |
| opposition to the action of the Department. Upon
the hearing of | 16 |
| any such proceeding, the person designated by the Department
to | 17 |
| conduct the hearing may administer oaths and the Department may | 18 |
| procure,
by its subpoena, the attendance of witnesses and the | 19 |
| production of relevant
books and papers. The Circuit Court upon | 20 |
| application either of the licensee
affected, or of the | 21 |
| Department, may, on order duly entered, require the
attendance | 22 |
| of witnesses and the production of relevant books and papers
| 23 |
| before the Department or its representative in any such | 24 |
| hearing. Upon
refusal or neglect to obey its order, the Court | 25 |
| may compel obedience by
proceedings for contempt of court.
| 26 |
| (Source: P.A. 84-150.)
|
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
|
| 1 |
| (520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
| 2 |
| Sec. 3.35. Any licensee, or any other person, who willfully | 3 |
| and intentionally
transfers or permits the transfer of the tags | 4 |
| issued to the operator of one
licensed game breeding and | 5 |
| hunting preserve area to the operator of
another licensed game | 6 |
| breeding and hunting preserve area, or to any other
person, or | 7 |
| who affixes such tags to game birds not taken from a licensed
| 8 |
| game breeding and hunting preserve area or to game birds taken | 9 |
| from any
area other than the area for which such tags were | 10 |
| issued, is guilty of a
Class B misdemeanor.
| 11 |
| Any hound running area permit holder, or any other person, | 12 |
| who intentionally transfers an identifier issued to the permit | 13 |
| holder for a hound running area to another permit holder for a | 14 |
| hound running area, or to any other person, or who affixes such | 15 |
| an identifier to any of the authorized species under Section | 16 |
| 3.26 that was not maintained at a hound running area, is guilty | 17 |
| of a Class B misdemeanor.
| 18 |
| (Source: P.A. 84-150.)
| 19 |
| Section 10. The Illinois Dangerous Animals Act is amended | 20 |
| by changing Section 1 as follows:
| 21 |
| (720 ILCS 585/1) (from Ch. 8, par. 241)
| 22 |
| Sec. 1. No person shall have a right of property in, keep, | 23 |
| harbor,
care for, act as custodian
of or maintain in
his |
|
|
|
HB0297 Enrolled |
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LRB095 04287 CMK 24328 b |
|
| 1 |
| possession any dangerous animal except at a properly maintained | 2 |
| zoological
park, federally licensed
exhibit, circus, | 3 |
| scientific or
educational institution, research laboratory, | 4 |
| veterinary hospital , hound running area, or animal
refuge in an | 5 |
| escape-proof enclosure.
| 6 |
| (Source: P.A. 84-28.)
|
|