Illinois General Assembly - Full Text of SB2160

LRB104 09722 BDA 19788 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2160

Introduced 2/7/2025, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

See Index

Amends the Human Services Act. Provides for grants to food banks for venison. Amends the Wildlife Code. Provides for an optional Hunter Food Bank Stamp to have hunters help end hunger in Illinois. In a provision regarding a separate harvest period for deer, directs the Department of Natural Resources to adopt rules that will cause a county to be open for hunting during the special harvest period if more than 5 deer removal permit requests were made in the county in the preceding year. Provides that, at the request of a landowner or tenant, the Department shall transfer to that individual an unused firearm deer permit from the regular season for the taking of deer to be used during the separate harvest period to hunt upon the individual's land only and for the taking of antlerless deer only, and that transferred permit shall be transferable in the same manner as permits under certain provisions regarding special deer, turkey, and combination hunting licenses for landowners. In a provision regarding authority to kill wildlife responsible for damage, provides that the holder of a deer removal permit issued by the Department may transfer the permit to any individual meeting certain requirements. Provides that the Department shall make publicly available on its website applications for deer removal permits and instructions on how to apply for those permits. Provides that the Department shall acknowledge receipt of each application for a deer removal permit within one business day, complete any investigation required, and issue or deny the requested deer removal permit within 5 business days. Provides that, in the event of failure to deny an application for a deer removal permit within 5 business days, the application shall be deemed approved. Provides that a deer removal permit issued by the Department is valid from the date of its issuance until December 31 of the same calendar year. Makes technical changes. Makes conforming changes in the State Finance Act.

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 Department of Human Services Act is amended by adding Section 10-64 as follows:

(20 ILCS 1305/10-64 new)

Sec. 10-64. Grants to food banks for venison. The Department of Human Services shall award grants, in consultation with the Department of Natural Resources and subject to Section 1.29a of the Wildlife Code, to food banks or other entities that provide free food, for the purchase of venison or deer meat from food processors or butchers that have deer donated by hunters for that purpose. The Department of Human Services, in consultation with the Department of Natural Resources, shall adopt rules implementing this Section.

Section 10. The State Finance Act is amended by adding Section 5.1030 as follows:

(30 ILCS 105/5.1030 new)

Sec. 5.1030. The Hunter Food Bank Fund.

Section 15. The Wildlife Code is amended by changing Sections 1.28, 2.25, 2.26, and 2.37 and by adding Section 1.29a as follows:

(520 ILCS 5/1.28) (from Ch. 61, par. 1.28)

Sec. 1.28. Fees and fines; deposit in funds. All fees, fines, including bond forfeitures, income of whatsoever kind or nature derived from hunting and fishing activities on lands or waters or both under the jurisdiction or control of the Department, and all penalties collected under this Act shall be deposited in the State Treasury and shall be set apart in a special fund to be known as the "Wildlife and Fish Fund"; except that fees derived solely from the sale of salmon stamps, income from art contests for the salmon stamp, including income from the sale of reprints, and gifts, donations, grants and bequests of money for the conservation and propagation of salmon shall be deposited in the State Treasury and set apart in the special fund to be known as the "Salmon Fund"; and except that fees derived solely from the sale of state migratory waterfowl stamps, and gifts, donations, grants and bequests of money for the conservation and propagation of waterfowl shall be deposited in the special fund to be known as the "State Migratory Waterfowl Stamp Fund"; and except that, fees derived solely from the sale of hunter food bank stamps, and gifts, donations, grants, and bequests of money for the purpose of having hunters help end hunger in Illinois shall be deposited in the Hunter Food Bank Fund; and except that, of fees derived solely from the sale of State Habitat Stamps, 64% shall be deposited into the Illinois Habitat Fund, 30% into the State Pheasant Fund, and 6% into the State Furbearer Fund. Income generated from the sale of artwork associated with the State Habitat Stamps shall be deposited into the Illinois Habitat Fund. All interest that accrues from monies deposited into the Wildlife and Fish Fund, the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the State Furbearer Fund, the State Pheasant Fund, and the Illinois Habitat Fund shall be deposited into those funds, respectively. Appropriations from the "Wildlife and Fish Fund" shall be made only to the Department for the carrying out of the powers and functions vested by law in the Department for the administration and management of fish and wildlife resources of this State for such activities as the purchase of land for fish hatcheries, wildlife refuges, preserves and public shooting and fishing grounds; the purchase and distribution of wild birds, the eggs of wild birds, and wild mammals for rescuing, restoring and distributing fish; the maintenance of wildlife refuges, or preserves, public shooting grounds, public fishing grounds and fish hatcheries; and the feeding and care of wild birds, wild animals and fish.

(Source: P.A. 95-853, eff. 8-18-08.)

(520 ILCS 5/1.29a new)

Sec. 1.29a. Hunter Food Bank Stamp; Hunter Food Bank Fund.

(a) The Department of Natural Resources shall ensure that an optional Hunter Food Bank Stamp is offered to all persons and at all locations where deer hunting permits or licenses are sold or given under this Code. Each applicant for a Hunter Food Bank Stamp shall pay a fee of $10 and shall receive a Stamp. All revenue from the sale of Hunter Food Bank Stamps shall be deposited into the Hunter Food Bank Fund. The Department of Natural Resources shall design the Stamp to reflect that the purpose of the Stamp to have hunters help end hunger in Illinois. The Department of Natural Resources shall publicize and advertise the Hunter Food Bank Stamp for the purpose of having hunters help end hunger in Illinois. The Department of Natural Resources, in consultation with the Department of Human Services, shall adopt rules implementing this Section.

(b) There is hereby created as a special fund in the State treasury the Hunter Food Bank Fund. All fees collected from the sale of Hunter Food Bank Stamps, and gifts, donations, grants, and bequests of money for the purpose of having hunters help end hunger in Illinois shall be deposited in this Fund. These moneys shall be appropriated to the Department of Human Services for the purposes detailed in Section 10-64 of the Department of Human Services Act and for no other purposes.

(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)

Sec. 2.25. It shall be unlawful for any person to take deer except (i) with a shotgun, handgun, single shot centerfire rifle, or muzzleloading rifle or (ii) as provided by administrative rule, with a bow and arrow, during the open season of not more than 14 days which will be set annually by the Director between the dates of November 1st and December 31st, both inclusive, or a special 3-day, youth-only season between the dates of September 1 and October 31. For the purposes of this Section, legal handguns and rifles are limited to centerfire handguns that are either a single shot or revolver and centerfire rifles that are single shot. The only legal ammunition for a centerfire handgun or rifle is a bottleneck centerfire cartridge of .30 caliber or larger with a case length not exceeding one and two-fifths inches, or a straight-walled centerfire cartridge of .30 caliber or larger, both of which must be available as a factory load with the published ballistic tables of the manufacturer showing a capability of at least 500 foot pounds of energy at the muzzle. The barrel of a handgun shall be at least 4 inches. Full metal jacket bullets may not be used to harvest deer.

The Department shall make administrative rules concerning management restrictions applicable to the firearm and bow and arrow season.

It shall be unlawful for any person to take deer except with a bow and arrow during the open season for bow and arrow set annually by the Director between the dates of September 1st and January 31st, both inclusive.

It shall be unlawful for any person to take deer except with (i) a muzzleloading rifle or (ii) bow and arrow during the open season for muzzleloading rifles set annually by the Director.

The Director shall cause an administrative rule setting forth the prescribed rules and regulations, including bag and possession limits and those counties of the State where open seasons are established, to be published in accordance with Sections 1.3 and 1.13 of this Act.

The Department may establish separate harvest periods for the purpose of managing or eradicating disease that has been found in the deer herd. This season shall be restricted to gun or bow and arrow hunting only. The Department shall publicly announce, via statewide news release, the season dates and shooting hours, the counties and sites open to hunting.

The Department is authorized to establish a separate harvest period at specific sites within the State for the purpose of harvesting surplus deer that cannot be taken during the regular season provided for the taking of deer. This season shall be restricted to gun or bow and arrow hunting only and shall be established during the period of September 1st to February 15th, both inclusive. The Department shall publicly announce, via statewide news release, the season dates and shooting hours, and the counties and sites open to hunting. In determining counties and sites open to hunting within this separate harvest period, the Department shall adopt rules that will cause the counties and sites selected by the Department to be open for hunting during this special harvest period if more than 5 deer removal permit requests are made in that county under subsection (a) of Section 2.37 during the year immediately preceding the beginning of the special harvest period. The Department shall publish suitable prescribed rules and regulations established by administrative rule pertaining to management restrictions applicable to this special harvest program. The Department shall allow unused gun deer permits that are left over from a regular season for the taking of deer to be rolled over and used during any separate harvest period held within 6 months of the season for which those tags were issued at no additional cost to the permit holder subject to the management restrictions applicable to the special harvest program. At the request of any individual defined under paragraph (1), (2), or (3) of subsection (b) of Section 3.1-6 whose land is not otherwise within any county or site open to hunting within the separate harvest period, the Department shall transfer to that individual an unused firearm deer permit from the regular season for the taking of deer to be used during the separate harvest period to hunt upon the individual's land only and for the taking of antlerless deer only, and that transferred permit shall be transferable in the same manner as permits under Section 3.1-6.

Beginning July 1, 2019, and on an annual basis thereafter, the Department shall provide a report to the General Assembly providing information regarding deer management programs established by the Code or by administrative rule that includes: (1) the number of surplus deer taken during each separate harvest season; (2) the number of deer found to have a communicable disease or other abnormality; and (3) what happens to the deer taken during each separate harvest season.

(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22; 102-932, eff. 1-1-23.)

(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)

Sec. 2.26. Deer hunting permits. Any person attempting to take deer shall first obtain a "Deer Hunting Permit" issued by the Department in accordance with its administrative rules. Those rules must provide for the issuance of the following types of resident deer archery permits: (i) a combination permit, consisting of one either-sex permit and one antlerless-only permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit. The fee for a Deer Hunting Permit to take deer with either bow and arrow or gun shall not exceed $25 for residents of the State. The Department may by administrative rule provide for non-resident deer hunting permits for which the fee will not exceed $300 in 2005, $350 in 2006, and $400 in 2007 and thereafter except as provided below for non-resident landowners and non-resident archery hunters. The Department may by administrative rule provide for a non-resident archery deer permit consisting of not more than 2 harvest tags at a total cost not to exceed $325 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The fees for a youth resident and non-resident archery deer permit shall be the same.

The Department shall create a pilot program during the special 3-day, youth-only deer hunting season to allow for youth deer hunting permits that are valid statewide, excluding those counties or portions of counties closed to firearm deer hunting. The Department shall adopt rules to implement the pilot program. Nothing in this paragraph shall be construed to prohibit the Department from issuing Special Hunt Area Permits for the youth-only deer hunting season or establishing, through administrative rule, additional requirements pertaining to the youth-only deer hunting season on Department-owned or Department-managed sites, including site-specific quotas or drawings. The provisions of this paragraph are inoperative on and after January 1, 2023.

The standards and specifications for use of guns and bow and arrow for deer hunting shall be established by administrative rule.

No person may have in his or her possession any firearm not authorized by administrative rule for a specific hunting season when taking deer unless in accordance with the Firearm Concealed Carry Act.

Persons having a firearm deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of shotgun, handgun, rifle, or muzzle loading rifle.

Persons having an archery deer hunting permit shall be permitted to take deer only during the period from 1/2 hour before sunrise to 1/2 hour after sunset, and only during those days for which an open season is established for the taking of deer by use of bow and arrow.

It shall be unlawful for any person to take deer by use of dogs, horses, automobiles, aircraft, or other vehicles, or by the use or aid of bait or baiting of any kind. For the purposes of this Section, "bait" means any material, whether liquid or solid, including food, salt, minerals, and other products, except pure water, that can be ingested, placed, or scattered in such a manner as to attract or lure white-tailed deer. "Baiting" means the placement or scattering of bait to attract deer. An area is considered as baited during the presence of and for 10 consecutive days following the removal of bait. Nothing in this Section shall prohibit the use of a dog to track wounded deer. Any person using a dog for tracking wounded deer must maintain physical control of the dog at all times by means of a maximum 50-foot 50 foot lead attached to the dog's collar or harness. Tracking wounded deer is permissible at night, but at no time outside of legal deer hunting hours or seasons shall any person handling or accompanying a dog being used for tracking wounded deer be in possession of any firearm or archery device. Persons tracking wounded deer with a dog during the firearm deer seasons shall wear blaze orange or solid blaze pink color as required. Dog handlers tracking wounded deer with a dog are exempt from hunting license and deer permit requirements so long as they are accompanied by the licensed deer hunter who wounded the deer.

It shall be unlawful to possess or transport any wild deer which has been injured or killed in any manner upon a public highway or public right-of-way of this State unless exempted by administrative rule.

Persons hunting deer must have the gun unloaded and no bow and arrow device shall be carried with the arrow in the nocked position during hours when deer hunting is unlawful.

It shall be unlawful for any person, having taken the legal limit of deer by gun, to further participate with a gun in any deer hunting party, except when filling antlerless tags or using an either-sex permit to take an antlerless deer.

It shall be unlawful for any person, having taken the legal limit of deer by bow and arrow, to further participate with bow and arrow in any deer hunting party, except when filling antlerless tags or using an either-sex permit to take an antlerless deer.

The Department may prohibit upland game hunting during the gun deer season by administrative rule.

The Department shall not limit the number of non-resident, either-sex archery deer hunting permits to less than 20,000.

Any person who violates any of the provisions of this Section, including administrative rules, shall be guilty of a Class B misdemeanor.

For the purposes of calculating acreage under this Section, the Department shall, after determining the total acreage of the applicable tract or tracts of land, round remaining fractional portions of an acre greater than or equal to half of an acre up to the next whole acre.

For the purposes of taking white-tailed deer, nothing in this Section shall be construed to prevent the manipulation, including mowing or cutting, of standing crops as a normal agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating or the use of products designed for scent only and not capable of ingestion, solid or liquid, placed or scattered, in such a manner as to attract or lure deer. Such manipulation for the purpose of taking white-tailed deer may be further modified by administrative rule.

(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)

(520 ILCS 5/2.37) (from Ch. 61, par. 2.37)

(Text of Section before amendment by P.A. 103-611)

Sec. 2.37. Authority to kill wildlife responsible for damage.

(a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land.

Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation.

If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage.

A permit to control the damage shall be for a period of up to 90 days, shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution.

The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary.

(b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to:

(1) any person who is providing such service for a fee or compensation;

(2) a governmental body; or

(3) a nonprofit or other charitable organization.

The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information.

Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection.

Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code.

(c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act.

(d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district.

(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24.)

(Text of Section after amendment by P.A. 103-611)

Sec. 2.37. Authority to kill wildlife responsible for damage.

(a) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may authorize owners and tenants of lands or their agents, who are performing the service without fee or compensation, to remove or destroy any wild bird or wild mammal when the wild bird or wild mammal is known to be destroying property or causing a risk to human health or safety upon his or her land.

Upon receipt by the Department of information from the owner, tenant, or sharecropper that any one or more species of wildlife is damaging dams, levees, ditches, cattle pastures, or other property on the land on which he resides or controls, together with a statement regarding location of the property damages, the nature and extent of the damage, and the particular species of wildlife committing the damage, the Department shall make an investigation.

If, after investigation, the Department finds that damage does exist and can be abated only by removing or destroying that wildlife, a permit shall be issued by the Department to remove or destroy the species responsible for causing the damage.

A permit to control the damage shall be for a period of up to 90 days, except as provided in subsection (a-5), shall specify the means and methods by which and the person or persons by whom the wildlife may be removed or destroyed, without fee or compensation, and shall set forth the disposition procedure to be made of all wildlife taken and other restrictions the Director considers necessary and appropriate in the circumstances of the particular case. Whenever possible, the specimens destroyed shall be given to a bona fide public or State scientific, educational, or zoological institution.

The permittee shall advise the Department in writing, within 10 days after the expiration date of the permit, of the number of individual species of wildlife taken, disposition made of them, and any other information which the Department may consider necessary.

(a-5) The holder of a deer removal permit issued by the Department under subsection (a) of this Section may transfer the permit to any individual who is at least 18 years of age and holds a certificate of competency issued by the Department for successfully completing a hunter safety course authorized by the Department. The Department shall make publicly available on its website applications for deer removal permits to be issued under subsection (a) and instructions on how to apply for those permits. The Department shall acknowledge receipt of each application for a deer removal permit within one business day after its receipt and shall complete any investigation required under subsection (a) and issue or deny the requested deer removal permit within 5 business days after receipt of the application. In the event of failure to deny an application for a deer removal permit within 5 business days after receipt of the application, the application shall be deemed approved. A deer removal permit issued by the Department under subsection (a) is valid from the date of its issuance until December 31 of the same calendar year.

(b) Subject to federal regulations and Section 3 of the Illinois Endangered Species Protection Act, the Department may grant the authority to control species protected by this Code pursuant to the issuance of a Nuisance Wildlife Control Permit to:

(1) any person who is providing such service or solicits customers for themselves or on behalf of a nuisance wildlife control permit holder for a fee or compensation;

(2) a governmental body; or

(3) a nonprofit or other charitable organization.

The Department shall set forth applicable regulations in an Administrative Order and may require periodic reports listing species taken, numbers of each species taken, dates when taken, and other pertinent information.

Any person operating under a Nuisance Wildlife Control Permit who subcontracts the operation of nuisance wildlife control to another shall ensure that such subcontractor possesses a valid Nuisance Wildlife Control Permit issued by the Department. The person must maintain a record of the subcontractor including the subcontractor's name, address, and phone number, and type of work to be performed, for a period of not less than 2 years from the date the subcontractor is no longer performing services on behalf of the person. The records shall be presented to an authorized employee of the Department or law enforcement officer upon request for inspection.

Any person operating without the required permit as outlined under this subsection (b) or in violation of this subsection (b) is deemed to be taking, attempting to take, disturbing, or harassing wildlife contrary to the provisions of this Code, including the taking or attempting to take such species for commercial purposes as outlined in Sections 2.36 and 2.36a of this Code. Any devices and equipment, including vehicles, used in violation of this subsection (b) may be subject to the provisions of Section 1.25 of this Code.

Any person properly permitted and operating under the provisions of this subsection is exempt from the provisions of this Act except as limited by administrative rule adopted by the Department.

(c) The location of traps or snares authorized under this Section, either by the Department or any other governmental body with the authority to control species protected by this Code, shall be exempt from the provisions of the Freedom of Information Act.

(d) A drainage district or road district or the designee of a drainage district or road district shall be exempt from the requirement to obtain a permit to control nuisance muskrats or beavers if all applicable provisions for licenses are complied with and any trap types and sizes used are in compliance with this Code, including marking or identification. The designee of a drainage district or road district must have a signed and dated written authorization from the drainage district or road district in possession at all times when conducting activities under this Section. This exemption from obtaining a permit shall be valid only upon property owned, leased, or controlled by the drainage district or road district. For the purposes of this Section, "road district" includes a township road district.

(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. 1-1-25.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.