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Public Act 100-0123
Public Act 0123 100TH GENERAL ASSEMBLY
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Public Act 100-0123
| | HB2685 Enrolled | LRB100 10431 SLF 20638 b |
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| 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 | Sections 2.35, 3.4, 3.11, 3.14, 3.15, 3.16, 3.16a, 3.18, 3.19, | and 3.20 as follows:
| (520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
| Sec. 2.35. Wild game birds or fur-bearing mammals. (a) | Migratory game birds, or any part or parts thereof, may be
| possessed only in accordance with the regulations of the | Federal
Government.
| (b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28 | and
3.30 it is unlawful to possess wild game birds or wild game | mammals or any
parts thereof in excess of the legally | established daily limit or possession
limit, whichever | applies.
| (c) Except as provided
in this Code Sections 3.11, 3.12, | 3.15, 3.18, 3.21 and 3.25, it is unlawful to
have in possession | the green hides of fur-bearing mammals without a valid hunting | or trapping license during the period
within which it is | unlawful to take such fur-bearing mammals in the State
where | taken, except during the open season provided and for an | additional
20 days next succeeding such open season.
|
| (d) Failure to establish proof of
the legality of the | possession in another state or country and of
importation into | this State the State of Illinois, shall be prima facie evidence | that
migratory game birds and game birds or any parts thereof,
| and fur-bearing mammals or any parts thereof, were taken within | this State the State
of Illinois.
| (e) For all those species to which a daily or possession | limit
shall apply, each hunter shall maintain his bag of such | species separately
and distinctly from those of all other | hunters.
| (f) No person shall
receive or have in custody any | protected species
belonging to another person, except in the | personal abodes of the donor or recipient
donee, unless such | protected species are tagged in accordance with Section 2.30b | of this Code or tagged with the hunter's or trapper's name, his
| address, the total number of species, and the date such species | were taken.
| (Source: P.A. 88-416; 89-341, eff. 8-17-95.)
| (520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
| Sec. 3.4. Trapping licenses. Before a trapping license | shall be issued
to any person, such person shall make | application to the Department or any
county, city, village, | township or incorporated town clerk or his or her duly
| designated agent upon an application form provided by the | Department.
This application shall be executed and sworn to and |
| shall set forth the
name and description of the applicant and | his or her place of residence.
| The fee for a trapping license for a resident of
this State | the State of Illinois shall be $10.00.
| The Department may provide for non-resident trapping | license provided
that any non-resident shall be charged a fee | of $175,
and if the state in which the applicant
resides does | not provide for trapping mammals by Illinois
residents, then | the fee shall be $250.
| Every person trapping mammals shall make a report properly
| sworn to, to the Department, upon blanks supplied by the | Department for
such purpose, of all hides of mammals taken, | sold, shipped
or dealt in, during the open seasons for mammals | together with
the names and addresses of the parties to whom
| the same were sold or shipped. Such report shall be made to the
| Department within 15 days after the close of the trapping
| season. Failure to report or filing false reports shall subject | the person
to the penalties provided in Section 3.5. Further, | the Department may
refuse to issue a trapping license for the | following year to any person who
has failed to file such a | report.
| All trapping licenses shall expire on March 31 of each | year.
| (Source: P.A. 85-1181; 85-1209; 85-1440.)
| (520 ILCS 5/3.11) (from Ch. 61, par. 3.11)
|
| Sec. 3.11. Resident fur buyer permits. Any individual who | is a resident of this State the State
of Illinois, who, within
| this State the State of Illinois, receives, collects or buys, | or who acts as an
agent or broker in the receipt, collection or | purchase of the green
hides of fur-bearing mammals, protected | by this Act, except an
individual who is a resident retail fur
| buyer as defined in Section 3.12, shall be a resident wholesale | fur
buyer in the meaning of this Act. Resident wholesale fur | buyer's permits
shall be issued by the Department. The annual | fee for each resident
wholesale fur buyer's permit shall be | $50.00 $125.00. All resident wholesale fur
buyer permits shall | expire on March 31 April 30 of each year. A holder
of a valid | resident
wholesale fur buyer permit may buy, sell, possess, | transport, and ship the
green hides of any legally taken | fur-bearing mammals from May 1
through April 30 next | thereafter; provided, however, that failure to establish
proof | of
the legality or origin of the green hides of fur-bearing | mammals
shall be prima facie evidence that such green hides of | fur-bearing
mammals are contraband within the State of | Illinois. Nothing in this Section
shall exempt any permittee | from complying with to any federal laws, rules or
regulations | which may apply to the green hides of fur-bearing
mammals. A | person who holds a fur tanner's permit under Section 3.16 of | this Code is exempt under this Section if 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.
| (Source: P.A. 89-341, eff. 8-17-95.)
| (520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
| Sec. 3.14. Record keeping; fur buyers and non-resident | auction participants. 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. 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, the price paid for | each green hide, if any, and the name, address, and Department | customer identification number of the other party. Records of | transactions with non-residents may substitute the Department | customer identification number with an equivalent identifier | such as a license or permit number from the person's place of | residence. Records of transactions shall be retained for 2 | years from the date of execution and shall be presented for | inspection at any reasonable time a request is made by | authorized employees of the Department or any sheriff, deputy | sheriff, or peace officer. Failure to produce records of | transactions for green hides shall be prima facie evidence that | the green hides are contraband in this State. A numbered | receipt shall be issued to the other party when purchasing |
| green hides of fur-bearing mammals. The receipt shall specify | the name and address of the person selling the green hides, the | numbers and kinds of green hides sold, the price paid for each | green hide, the date of the transaction, and the name of the | fur buyer or non-resident auction participant. Any person | receiving, collecting or buying green hides of fur-bearing or
| game mammals from a licensed resident retail, resident
| wholesale or non-resident fur buyer, fur-bearing mammal | breeder
or other fur vendor shall be furnished
with a | certificate by such buyer, breeder or vendor showing the number | and kinds
of such green hides received, collected or purchased, | the date of the
transaction, the name and address of the buyer, | breeder, or vendor, the name and
address of the person | receiving, collecting or buying such green hides
from such | buyer breeder, or vendor, and any other information which the
| Department may require. The certificate, or certificates shall | be immediately
presented for inspection to
officers and | authorized employees of the Department, any sheriff, deputy
| sheriff, or any other peace officer when request is made for | same. An
invoice or export permit covering green hides of | fur-bearing or game mammals
originating in other states may be | accepted
in lieu of the certificates. Failure to produce such | certificate,
invoice or export permit shall be prima facie | evidence that such green hides are
contraband within the State | of Illinois.
| (Source: P.A. 81-382.)
|
| (520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
| Sec. 3.15. Purchase of green hides. Any manufacturer, | converter, or consumer who purchases or receives
green hides of | fur-bearing or game mammals for the purpose of dressing and
| fabricating them into fur
garments or products, shall purchase | such green hides from a duly
licensed fur buyer or fur-bearing | mammal breeder, and shall demand from
the buyer or breeder an
| invoice covering such purchases, indicating thereon the date of | the transaction,
the name
and address of the fur buyer or | fur-bearing mammal breeder, and the number and kinds of
green | hides so purchased. Such invoices shall be presented for | inspection
to officers and authorized employees
of the | Department, any sheriff, deputy sheriff, or any other peace | officer
when request is made for same. Failure to produce such | invoice shall be
prima facie evidence that such green hides are | contraband within this State the State of Illinois.
| Such purchases of green hides of fur-bearing or game | mammals
shall be made for converting or
manufacturing purposes | only, and green hides so bought shall not be offered
for resale | in the green or raw condition.
| Such a manufacturer, converter or consumer may have the
| green hides of any legally
taken fur-bearing or game mammals | purchased from a licensed
fur buyer or fur-bearing mammal | breeder, in his possession at any time during
the year, | provided such green hides were purchased and are used for |
| manufacturing
purposes only.
| (Source: P.A. 81-382.)
| (520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
| Sec. 3.16. Fur tanner permits. Any individual, who for | other individuals, engages in the
business of dressing, dyeing | or tanning the green hides of fur-bearing or
game mammals, | protected by this Act,
shall be a fur tanner in the meaning of | this Act.
Before any individual shall engage in the business of | dressing, dyeing, or
tanning green hides of fur-bearing or game | mammals, for any other individual,
he or she shall first | procure a fur tanner permit. Fur tanner permits
shall be issued | by the Department.
The annual fee for each fur tanner's permit | shall be $25.00.
All fur tanner
permits shall expire on March | 31st of each year. Any fur tanner who receives
or collects | green hides shall require an affidavit from the shipper or | consignor,
stating that said green hides were taken according | to regulations of the
state where they were taken, a | certificate of purchase as provided for in
Section 3.14 or an | invoice as provided for in Section 3.15. The Such
affidavit, | certificate of purchase, or invoice shall show the name and | address
of the individual from whom the green hides were | received or
collected and the such
records shall be kept by the | fur tanner for a minimum period of one year
following the date | of receipt or collection. The Such affidavit, certificate
of | purchase, or invoice shall be immediately presented for |
| inspection to
officers and authorized employees of the | Department, any sheriff, deputy
sheriff, or any other peace | officer upon when request is made for same. Failure
to produce | such affidavit, certificate of purchase, or invoice shall be
| prima facie evidence that such green hides are contraband | within this State the State
of Illinois. Upon receipt by the | fur tanner of any green hide not accompanied
by an affidavit, | certificate of purchase or invoice, the fur tanner shall
notify | the shipper or consignor in writing of the requirement. The fur
| tanner shall then hold green hides until an affidavit, | certificate of purchase,
or invoice is received. The Such green | hides shall be labeled with the name
and address of the shipper | or consignor, date of receipt, and the date
notification
was | sent to the shipper or consignor. If the shipper or consignor | shall
fail to furnish the said affidavit, certificate of | purchase, or invoice within
30 days from the date of receipt of | the green hides, the fur tanner shall
notify the Department and | green hides shall be disposed of in accordance
with | instructions from the Department. Additional Federal | regulations may
apply to the hides of certain endangered | species.
| (Source: P.A. 84-150.)
| (520 ILCS 5/3.16a) | Sec. 3.16a. Non-resident auction participation permit; | fee. Any individual who is not a resident of this State the |
| State of Illinois and does not possess a non-resident fur buyer | permit must obtain a non-resident auction participation permit | to receive, collect, buy, or act as an agent or broker in the | receipt, collection, or purchase of the green hides of | fur-bearing mammals at auctions organized for these purposes | within this State the State of Illinois. Non-resident auction | participation permits shall be issued by the Department. The | annual fee for each non-resident auction participation permit | is $50. Non-resident auction participation permits expire on | March 31 April 30. A holder of a valid non-resident auction | participation permit may receive, collect, buy, possess, | transport, or act as an agent or broker in the receipt, | collection, or purchase of legally taken fur-bearing mammals | from May 1 through the next April 30. Failure to establish | proof of legality or origin of the green hides of fur-bearing | mammals, however, is prima facie evidence that the green hides | are contraband within this State the State of Illinois. Nothing | in this Section exempts any permittee from complying with any | federal laws, rules, or regulations that may apply to the green | hides of fur-bearing mammals.
| (Source: P.A. 94-212, eff. 1-1-06.)
| (520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
| Sec. 3.18. Non-resident fur buyers. Any individual not a | resident of this State the State of Illinois, who,
within this | the
State of Illinois, receives, collects or buys, or who acts |
| as an agent
or broker in the receipt, collection or purchase of | the green
hides of fur-bearing mammals, protected by this Act, | shall be a
non-resident fur buyer
in the meaning of this Act. | Non-resident fur buyer permits shall be issued
by the | Department.
Non-resident fur buyers must obtain a non-resident | fur buyer permit before
receiving, collecting, or purchasing | the green hides of fur-bearing mammals
within this State except | that a non-resident fur buyer permit shall not be
required for | purchasing the green hides of fur-bearing mammals from resident
| wholesale fur buyers and resident retail fur buyers as defined | in Section Sections 3.11
and 3.12.
The annual fee for each | non-resident nonresident fur
buyer permit shall be $250.00. All | non-resident fur buyer permits shall
expire on March 31 April | 30 of each year. A
non-resident nonresident fur buyer may buy, | sell, possess, transport and ship
the green hides of any | legally
taken fur-bearing mammals from May 1 through April 30 | next thereafter;
provided, however, that failure to establish | proof of the
legality of or origin of the green hides of | fur-bearing mammals
shall
be prima facie evidence that such | green hides of fur-bearing
mammals
are contraband
within this | State the State of Illinois. Nothing in this Section shall be | construed
to remove such permittee from responsibility for the | observance of any federal
laws, rules or regulations which may | apply to the green hides of fur-bearing mammals.
| (Source: P.A. 89-341, eff. 8-17-95.)
|
| (520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
| Sec. 3.19. Permit requirements. Each resident retail fur | buyer, resident wholesale fur buyer, nonresident
fur buyer, | non-resident auction participant, fur bearing mammal breeder, | or fur tanner shall have his or her permit
in his or her | possession when receiving, collecting, buying, selling, or
| offering for sale, the green hides of fur-bearing or game | mammals or
accepting the same for dressing, dyeing, or tanning, | and shall
immediately produce the same when requested to do so | by an officer or authorized
employees of the Department, any | sheriff, deputy sheriff or any other
peace officer. Persons | conducting organized and
established auction sales or the green | hides of fur-bearing or game
mammals, protected by this Act, | shall be exempt from the provisions of
this Section.
| (Source: P.A. 94-212, eff. 1-1-06.)
| (520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
| Sec. 3.20. Reporting; fur buyers and non-resident auction | participants. All fur buyers and non-resident auction | participants, shall, upon purchasing any green hide of any
| fur-bearing mammal, protected by this Act, issue a numbered | receipt to the
hunter,
trapper, fur buyer, fur-bearing mammal
| breeder or other person from whom he purchased such hides, | setting forth
the number and kinds of green hides, the date of | purchase, the price paid
for each hide, the name and address of | the hunter, trapper, fur buyer,
fur-bearing
mammal breeder or |
| other person from whom he purchased such hides, and the
| appropriate license number or stamp number of the hunter, | trapper, fur
buyer, fur-bearing
mammal breeder or other person | from whom the hides were purchased, if
applicable.
The original | receipt shall be retained by the fur buyer for a minimum of
2 | years from the date of purchase listed on the receipt.
A | duplicate receipt
shall be given to the hunter, trapper, fur | buyer, fur-bearing mammal breeder
or other person from whom the | green hides were purchased at the time of
purchase.
| All fur buyers and non-resident auction participants shall | submit a report to the Department on forms provided
by the | Department showing the number and kinds of all green hides of
| fur-bearing mammals received, collected or purchased, and the | average price,
if any, paid therefore and such other | information as required by the
Department.
This report shall be | made on or before May 10 of each year and
shall include
all | operations for the 12 months preceding May 1 of the
current | year.
All such receipts, reports, and records required by this | Section shall be
available for inspection by any officer or | authorized employee of the
Department,
any sheriff, deputy | sheriff, or any other peace officer at any reasonable
time when | request is made for same. Failure to comply with the provisions
| of this Section shall bar the permittee from obtaining a fur
| buyer or non-resident auction participant permit
for the | following year.
| (Source: P.A. 94-212, eff. 1-1-06.)
|
| (520 ILCS 5/3.12 rep.)
| Section 10. The Wildlife Code is amended by repealing | Section 3.12.
| Section 99. Effective date. This Act takes effect January | 1, 2018.
|
Effective Date: 1/1/2018
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