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Public Act 100-0123


 

Public Act 0123 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0123
 
HB2685 EnrolledLRB100 10431 SLF 20638 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
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