HB3118 98TH GENERAL ASSEMBLY

LRB098 08811 CEL 38937 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3118

Introduced , by Rep. Kelly Burke

SYNOPSIS AS INTRODUCED:

520 ILCS 5/2.33c new

Amends the Wildlife Code. Creates a provision that states that no person may (i) take an animal that is tied, staked out, caged, or otherwise intentionally confined in an enclosure, regardless of the enclosure's size or (ii) confine or release from confinement any native animal for the purposes of taking. Defines "confinement". Provides that any person or business that engages in taking a native animal at a facility that has confined native animals for the purpose of hunting for a minimum of one year prior to the effective date is exempt from compliance. Provides that the provision does not apply to the (i) lawful taking, hunting, or trapping of an animal that is not confined; (ii) taking of furbearing mammals in the State; or (iii) slaughter of captive native animal held under a game breeder's permit by the permit holder or an employee of the permit holder for human consumption. Creates exemptions to the provision.

A BILL FOR

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 adding Section 2.33c as follows:

(520 ILCS 5/2.33c new)

Sec. 2.33c. Canned hunting.

(a) For the purposes of this Section, "confinement" means any structure or other means intended to keep an animal within bounds, restrict its movement, or prevent an animal from leaving a particular environment.

(b) Notwithstanding any other provision of law, except as provided for in subsection (c) of this Section, no person may:

(1) take with a firearm, bow and arrow, or any other weapon that could be used to kill or injure any animal that is tied, staked out, caged, or otherwise intentionally confined in an enclosure, regardless of the enclosure's size; or

(2) confine or release from confinement any native animal for the purposes of taking.

(c) Any person or business that engages in the activities at a facility that has confined native animals for the purpose of hunting described in subsection (b) of this Section for a minimum of one year prior to the effective date of this amendatory Act of the 98th General Assembly is exempt from compliance.

(d) Nothing contained in this Section shall be deemed to prohibit the lawful taking, hunting, or trapping of an animal that is not confined, as provided for in any law or rule in the State.

(e) Nothing in this Section shall apply to the taking of furbearing mammals in the State.

(f) Nothing in this Section shall apply to the slaughter of captive native animals held under a game breeder's permit by the permit holder or an employee of the permit holder for human consumption.

(g) This Section shall not apply to:

(1) the slaughter of domestic livestock;

(2) the killing of animals for bona fide scientific research or public safety concerns;

(3) the killing of captive-reared game animals and furbearing mammals for meat, leather, or fur production by licensed game breeders as authorized in Sections 3.23 and 3.25 of this Act; allowable methods for killing captive deer by licensed game breeders shall be only by the use of penetrating captive bolt or suitable firearm by the license-holder or an employee of the license-holder; if a firearm is used animals shall be confined in a holding pen or holding facility of 200 square feet or less when dispatched;

(4) animals trapped in compliance with trapping laws;

(5) employees or agents of the Department in the performance of their duties; or

(6) wild game breeders authorized prior to January 1, 2003 by the Department to allow the activities prohibited in subsections (b), (c), (d), and (e) of this Section for white-tailed deer at their wild game breeding facilities; this exemption only applies if all the following conditions are met:

(A) the wild game breeder was the individual specifically authorized prior to January 1, 2003;

(B) the site at which the killing takes place is the original fenced property and the area has not been modified that was inspected and approved by the Department at the time of authorization; and

(C) the authorized game breeding facility has remained continuously licensed and operational since the initial authorization.