Sen. Iris Y. Martinez

Filed: 3/21/2019





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2    AMENDMENT NO. ______. Amend Senate Bill 780 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Wildlife Code is amended by changing
5Sections 2.18-1 and 2.33 as follows:
6    (520 ILCS 5/2.18-1)  (from Ch. 61, par. 2.18-1)
7    Sec. 2.18-1. (a) It shall be lawful for any person who
8holds the licenses, permits and stamps required by this Act for
9the taking of migratory waterfowl to use, in addition to or in
10lieu of any other authorized ammunition, either lead or steel
11and other non-toxic shotshells as approved by the United States
12Fish and Wildlife Service when shotgun pellets in taking such
13waterfowl at any location in the State where the hunting of
14migratory waterfowl is authorized, except as provided under
15subsection (b) of this Section and at specific sites where
16there are documented cases of lead poisoning of waterfowl and



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1all alternative methods of alleviating lead poisoning (such as
2dewatering, flooding and/or tillage) have been determined to be
3unsuccessful in preventing lead poisoning losses of waterfowl.
4At such specific sites, shot shell ammunition containing
5non-toxic pellets, such as steel, shall be used. These specific
6sites may be designated by the Department after statewide
7public hearings have been conducted and the results of such
8hearings have been reviewed.
9    (b) The Department shall be authorized to designate by
10rule, pursuant to the Illinois Administrative Procedure Act,
11areas that shall be limited to the use of non-toxic pellets;
12provided, however, that such authorization shall only exist for
13those areas which the federal government has mandated shall be
14closed to all waterfowl hunting unless the State agrees to the
15prohibition of the use of toxic shotgun pellets.
16    No State agency shall issue or make any rule, regulation,
17order or agreement which is in conflict with this Section.
18(Source: P.A. 91-357, eff. 7-29-99.)
19    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
20    Sec. 2.33. Prohibitions.
21    (a) It is unlawful to carry or possess any gun in any State
22refuge unless otherwise permitted by administrative rule.
23    (b) It is unlawful to use or possess any snare or
24snare-like device, deadfall, net, or pit trap to take any
25species, except that snares not powered by springs or other



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1mechanical devices may be used to trap fur-bearing mammals, in
2water sets only, if at least one-half of the snare noose is
3located underwater at all times.
4    (c) It is unlawful for any person at any time to take a
5wild mammal protected by this Act from its den by means of any
6mechanical device, spade, or digging device or to use smoke or
7other gases to dislodge or remove such mammal except as
8provided in Section 2.37.
9    (d) It is unlawful to use a ferret or any other small
10mammal which is used in the same or similar manner for which
11ferrets are used for the purpose of frightening or driving any
12mammals from their dens or hiding places.
13    (e) (Blank).
14    (f) It is unlawful to use spears, gigs, hooks or any like
15device to take any species protected by this Act.
16    (g) It is unlawful to use poisons, chemicals or explosives
17for the purpose of taking any species protected by this Act.
18    (h) It is unlawful to hunt adjacent to or near any peat,
19grass, brush or other inflammable substance when it is burning.
20    (i) It is unlawful to take, pursue or intentionally harass
21or disturb in any manner any wild birds or mammals by use or
22aid of any vehicle or conveyance, except as permitted by the
23Code of Federal Regulations for the taking of waterfowl. It is
24also unlawful to use the lights of any vehicle or conveyance or
25any light from or any light connected to the vehicle or
26conveyance in any area where wildlife may be found except in



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1accordance with Section 2.37 of this Act; however, nothing in
2this Section shall prohibit the normal use of headlamps for the
3purpose of driving upon a roadway. Striped skunk, opossum, red
4fox, gray fox, raccoon, bobcat, and coyote may be taken during
5the open season by use of a small light which is worn on the
6body or hand-held by a person on foot and not in any vehicle.
7    (j) It is unlawful to use any shotgun larger than 10 gauge
8while taking or attempting to take any of the species protected
9by this Act.
10    (k) It is unlawful to use or possess in the field any
11shotgun shell loaded with a shot size larger than lead BB or
12steel T (.20 diameter) when taking or attempting to take any
13species of wild game mammals (excluding white-tailed deer),
14wild game birds, migratory waterfowl or migratory game birds
15protected by this Act, except white-tailed deer as provided for
16in Section 2.26 and other species as provided for by subsection
17(l) or administrative rule.
18    (l) It is unlawful to take any species of wild game, except
19white-tailed deer and fur-bearing mammals, with a shotgun
20loaded with slugs unless otherwise provided for by
21administrative rule.
22    (m) It is unlawful to use any shotgun larger than 10 gauge
23or smaller than a .410 bore to take species protected by this
24Act; however, nothing shall prohibit the use of a shotgun, not
25larger than 10 gauge nor smaller than a 20 gauge, with a rifled
26barrel. It is unlawful to use any shotgun capable of holding



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1more than 3 shells in the magazine or chamber combined, except
2on game breeding and hunting preserve areas licensed under
3Section 3.27 and except as permitted by the Code of Federal
4Regulations for the taking of waterfowl. If the shotgun is
5capable of holding more than 3 shells, it shall, while being
6used on an area other than a game breeding and shooting
7preserve area licensed pursuant to Section 3.27, be fitted with
8a one piece plug that is irremovable without dismantling the
9shotgun or otherwise altered to render it incapable of holding
10more than 3 shells in the magazine and chamber, combined.
11    (n) It is unlawful for any person, except persons who
12possess a permit to hunt from a vehicle as provided in this
13Section and persons otherwise permitted by law, to have or
14carry any gun in or on any vehicle, conveyance or aircraft,
15unless such gun is unloaded and enclosed in a case, except that
16at field trials authorized by Section 2.34 of this Act,
17unloaded guns or guns loaded with blank cartridges only, may be
18carried on horseback while not contained in a case, or to have
19or carry any bow or arrow device in or on any vehicle unless
20such bow or arrow device is unstrung or enclosed in a case, or
21otherwise made inoperable.
22    (o) (Blank).
23    (p) It is unlawful to take game birds, migratory game birds
24or migratory waterfowl with a rifle, pistol, revolver or
26    (q) It is unlawful to fire a rifle, pistol, revolver or



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1airgun on, over or into any waters of this State, including
2frozen waters.
3    (r) It is unlawful to discharge any gun or bow and arrow
4device along, upon, across, or from any public right-of-way or
5highway in this State.
6    (s) It is unlawful to use a silencer or other device to
7muffle or mute the sound of the explosion or report resulting
8from the firing of any gun.
9    (t) It is unlawful for any person to take or attempt to
10take any species of wildlife or parts thereof, intentionally or
11wantonly allow a dog to hunt, within or upon the land of
12another, or upon waters flowing over or standing on the land of
13another, or to knowingly shoot a gun or bow and arrow device at
14any wildlife physically on or flying over the property of
15another without first obtaining permission from the owner or
16the owner's designee. For the purposes of this Section, the
17owner's designee means anyone who the owner designates in a
18written authorization and the authorization must contain (i)
19the legal or common description of property for such authority
20is given, (ii) the extent that the owner's designee is
21authorized to make decisions regarding who is allowed to take
22or attempt to take any species of wildlife or parts thereof,
23and (iii) the owner's notarized signature. Before enforcing
24this Section the law enforcement officer must have received
25notice from the owner or the owner's designee of a violation of
26this Section. Statements made to the law enforcement officer



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1regarding this notice shall not be rendered inadmissible by the
2hearsay rule when offered for the purpose of showing the
3required notice.
4    (u) It is unlawful for any person to discharge any firearm
5for the purpose of taking any of the species protected by this
6Act, or hunt with gun or dog, or intentionally or wantonly
7allow a dog to hunt, within 300 yards of an inhabited dwelling
8without first obtaining permission from the owner or tenant,
9except that while trapping, hunting with bow and arrow, hunting
10with dog and shotgun using shot shells only, or hunting with
11shotgun using shot shells only, or providing outfitting
12services under a waterfowl outfitter permit, or on licensed
13game breeding and hunting preserve areas, as defined in Section
143.27, on federally owned and managed lands and on Department
15owned, managed, leased, or controlled lands, a 100 yard
16restriction shall apply.
17    (v) It is unlawful for any person to remove fur-bearing
18mammals from, or to move or disturb in any manner, the traps
19owned by another person without written authorization of the
20owner to do so.
21    (w) It is unlawful for any owner of a dog to knowingly or
22wantonly allow his or her dog to pursue, harass or kill deer,
23except that nothing in this Section shall prohibit the tracking
24of wounded deer with a dog in accordance with the provisions of
25Section 2.26 of this Code.
26    (x) It is unlawful for any person to wantonly or carelessly



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1injure or destroy, in any manner whatsoever, any real or
2personal property on the land of another while engaged in
3hunting or trapping thereon.
4    (y) It is unlawful to hunt wild game protected by this Act
5between one half hour after sunset and one half hour before
6sunrise, except that hunting hours between one half hour after
7sunset and one half hour before sunrise may be established by
8administrative rule for fur-bearing mammals.
9    (z) It is unlawful to take any game bird (excluding wild
10turkeys and crippled pheasants not capable of normal flight and
11otherwise irretrievable) protected by this Act when not flying.
12Nothing in this Section shall prohibit a person from carrying
13an uncased, unloaded shotgun in a boat, while in pursuit of a
14crippled migratory waterfowl that is incapable of normal
15flight, for the purpose of attempting to reduce the migratory
16waterfowl to possession, provided that the attempt is made
17immediately upon downing the migratory waterfowl and is done
18within 400 yards of the blind from which the migratory
19waterfowl was downed. This exception shall apply only to
20migratory game birds that are not capable of normal flight.
21Migratory waterfowl that are crippled may be taken only with a
22shotgun as regulated by subsection (j) of this Section using
23shotgun shells as regulated in subsection (k) of this Section.
24    (aa) It is unlawful to use or possess any device that may
25be used for tree climbing or cutting, while hunting fur-bearing
26mammals, excluding coyotes.



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1    (bb) It is unlawful for any person, except licensed game
2breeders, pursuant to Section 2.29 to import, carry into, or
3possess alive in this State any species of wildlife taken
4outside of this State, without obtaining permission to do so
5from the Director.
6    (cc) It is unlawful for any person to have in his or her
7possession any freshly killed species protected by this Act
8during the season closed for taking.
9    (dd) It is unlawful to take any species protected by this
10Act and retain it alive except as provided by administrative
12    (ee) It is unlawful to possess any rifle while in the field
13during gun deer season except as provided in Section 2.26 and
14administrative rules.
15    (ff) It is unlawful for any person to take any species
16protected by this Act, except migratory waterfowl, during the
17gun deer hunting season in those counties open to gun deer
18hunting, unless he or she wears, when in the field, a cap and
19upper outer garment of a solid blaze orange color or solid
20blaze pink color, with such articles of clothing displaying a
21minimum of 400 square inches of blaze orange or solid blaze
22pink color material.
23    (gg) It is unlawful during the upland game season for any
24person to take upland game with a firearm unless he or she
25wears, while in the field, a cap of solid blaze orange color or
26solid blaze pink color. For purposes of this Act, upland game



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1is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
2Pheasant, Eastern Cottontail and Swamp Rabbit.
3    (hh) It shall be unlawful to kill or cripple any species
4protected by this Act for which there is a bag limit without
5making a reasonable effort to retrieve such species and include
6such in the bag limit. It shall be unlawful for any person
7having control over harvested game mammals, game birds, or
8migratory game birds for which there is a bag limit to wantonly
9waste or destroy the usable meat of the game, except this shall
10not apply to wildlife taken under Sections 2.37 or 3.22 of this
11Code. For purposes of this subsection, "usable meat" means the
12breast meat of a game bird or migratory game bird and the hind
13ham and front shoulders of a game mammal. It shall be unlawful
14for any person to place, leave, dump, or abandon a wildlife
15carcass or parts of it along or upon a public right-of-way or
16highway or on public or private property, including a waterway
17or stream, without the permission of the owner or tenant. It
18shall not be unlawful to discard game meat that is determined
19to be unfit for human consumption.
20    (ii) This Section shall apply only to those species
21protected by this Act taken within the State. Any species or
22any parts thereof, legally taken in and transported from other
23states or countries, may be possessed within the State, except
24as provided in this Section and Sections 2.35, 2.36 and 3.21.
25    (jj) (Blank).
26    (kk) Nothing contained in this Section shall prohibit the



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1Director from issuing permits to paraplegics or to other
2persons with disabilities who meet the requirements set forth
3in administrative rule to shoot or hunt from a vehicle as
4provided by that rule, provided that such is otherwise in
5accord with this Act.
6    (ll) Nothing contained in this Act shall prohibit the
7taking of aquatic life protected by the Fish and Aquatic Life
8Code or birds and mammals protected by this Act, except deer
9and fur-bearing mammals, from a boat not camouflaged or
10disguised to alter its identity or to further provide a place
11of concealment and not propelled by sail or mechanical power.
12However, only shotguns not larger than 10 gauge nor smaller
13than .410 bore loaded with not more than 3 shells of a shot
14size no larger than lead BB or steel T (.20 diameter) may be
15used to take species protected by this Act.
16    (mm) Nothing contained in this Act shall prohibit the use
17of a shotgun, not larger than 10 gauge nor smaller than a 20
18gauge, with a rifled barrel.
19    (nn) It shall be unlawful to possess any species of
20wildlife or wildlife parts taken unlawfully in Illinois, any
21other state, or any other country, whether or not the wildlife
22or wildlife parts is indigenous to Illinois. For the purposes
23of this subsection, the statute of limitations for unlawful
24possession of wildlife or wildlife parts shall not cease until
252 years after the possession has permanently ended.
26    (oo) It shall be unlawful to use lead shotshells to take



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1wildlife on Department-owned properties on or after January 1,
3(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
4eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff. 1-1-19.)".