Public Act 103-0990
 
SB3407 EnrolledLRB103 39364 JAG 69527 b

    AN ACT concerning wildlife.
 
    Be it enacted by the People of the State of Illinois, 
represented in the General Assembly:
 
    Section 5. The Wildlife Code is amended by changing 
Section 2.36 as follows:
 
    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
    Sec. 2.36. It shall be unlawful to buy, sell, or barter, or 
offer to buy, sell, or barter, and for a commercial 
institution, other than a regularly operated refrigerated 
storage establishment, to have in its possession any of the 
wild birds, or any part thereof (and their eggs), or wild 
mammals or any parts thereof, protected by this Act unless 
done as hereinafter provided:
    Game birds or any parts thereof (and their eggs), may be 
held, possessed, raised and sold, or otherwise dealt with, as 
provided in Section 3.23 of this Act or when legally produced 
under similar special permit in another state or country and 
legally transported into the State of Illinois; provided that 
such imported game birds or any parts thereof, shall be marked 
with permanent irremovable tags, or similar devices, to 
establish and retain their origin and identity;
    Rabbits may be legally taken and possessed as provided in 
Sections 3.23, 3.24, and 3.26 of this Act;
    Deer, or any parts thereof, may be held, possessed, sold 
or otherwise dealt with as provided in this Section and 
Sections 3.23 and 3.24 of this Act;
    If a properly tagged deer is processed at a licensed meat 
processing facility, the meat processor at the facility is an 
active member of the Illinois Sportsmen Against Hunger 
program, and if the owner of the deer (i) fails to claim the 
processed deer within a reasonable time or (ii) notifies the 
licensed meat processing facility that the owner no longer 
wants the processed deer or wishes to donate the deer, then the 
deer meat may be given away by the licensed meat processor to 
another person or donated to a any other charitable 
organization or community food bank that receives wild game 
meat. The licensed meat processing facility may charge the 
person receiving the deer meat a reasonable and customary 
processing fee; 
    Meat processors who donate deer meat to a charitable 
organization or community food bank that receives wild game 
meat are active members of the Illinois Sportsmen Against 
Hunger program shall keep written records of all deer 
received. Records shall include the following information: 
        (1) the date the deer was received;
        (2) the name, address, and telephone number of the 
    person from whom the deer was received;
        (3) whether the deer was received as a whole carcass 
    or as deboned meat; if the deer was brought to the meat 
    processor as deboned meat, the processor shall include the 
    weight of the meat;
        (4) the number and state of issuance of the permit of 
    the person from whom the deer was received; in the absence 
    of a permit number, the meat processor may rely on the 
    written certification of the person from whom the deer was 
    received that the deer was legally taken or obtained; and
        (5) if the person who originally delivered the deer to 
    the meat processor fails to collect or make arrangements 
    for the packaged deer meat to be collected or wishes to 
    donate the meat and if the meat processor gives all or part 
    of the unclaimed deer meat to another person or charitable 
    organization or community food bank that receives wild 
    game meat, the meat processor shall maintain a record of 
    the exchange; the meat processor's records shall include 
    the customer's name, physical address, telephone number, 
    as well as the quantity and type of deer meat given to the 
    customer. The meat processor shall also include the amount 
    of compensation received for the deer meat in his or her 
    records.
    Meat processor records for unclaimed and donated deer meat 
shall be open for inspection by any peace officer at any 
reasonable hour. Meat processors shall maintain records for a 
period of 2 years after the date of receipt of the wild game or 
for as long as the specimen or meat remains in the meat 
processors possession, whichever is longer;
    No meat processor shall have in his or her possession any 
deer that is not listed in his or her written records and 
properly tagged or labeled;
    All licensed meat processors who ship any deer or parts of 
deer that have been held, possessed, or otherwise dealt with 
shall tag or label the shipment, and the tag or label shall 
state the name of the meat processor;
    Nothing in this Section removes meat processors from 
responsibility for the observance of any State or federal 
laws, rules, or regulations that may apply to the meat 
processing business; 
    Fur-bearing mammals, or any parts thereof, may be held, 
possessed, sold or otherwise dealt with as provided in 
Sections 3.16, 3.24, and 3.26 of this Act or when legally taken 
and possessed in Illinois or legally taken and possessed in 
and transported from other states or countries;
    It is unlawful for any person to act as a nuisance wildlife 
control operator for fee or compensation without a permit as 
provided in subsection subsection (b) of Section 2.37 of this 
Act unless such trapping is in compliance with Section 2.30. 
    The inedible parts of game mammals may be held, possessed, 
sold, or otherwise dealt with when legally taken, in Illinois 
or legally taken and possessed in and transported from other 
states or countries.
    Failure to establish proof of the legality of possession 
in another state or country and importation into the State of 
Illinois, shall be prima facie evidence that such game birds 
or any parts thereof, and their eggs, game mammals and 
fur-bearing mammals, or any parts thereof, were taken within 
the State of Illinois.
(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)