101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB2550

 

Introduced 1/29/2020, by Sen. David Koehler - Neil Anderson

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2q-1 new
520 ILCS 5/1.2q-2 new
520 ILCS 5/2.37  from Ch. 61, par. 2.37
520 ILCS 5/3.1-2  from Ch. 61, par. 3.1-2
520 ILCS 5/3.1-4
520 ILCS 5/3.1-7
520 ILCS 5/3.3  from Ch. 61, par. 3.3

    Amends the Wildlife Code. Provides that a veteran who is certified by the Department of Veterans' Affairs to be at least 10% disabled with service related disabilities or who is in receipt of total disability pension may trap, as permitted by the Code, without procuring a trapping license. Provides further that a military member returning from mobilization and service outside the United States who is an Illinois resident may trap, as permitted by the Code, without paying any fees required to obtain a trapping license, if he or she applies for the license within 2 years after returning from service abroad or after mobilization. Adds trapping licenses to the terminally ill hunter licensing program. Provides that persons on active duty in the Armed Forces or Illinois residents with a Type 1 or Type 4, Class 2 disability as defined in the Illinois Identification Card Act may trap, as permitted by the Code, without procuring a trapping license. Adds definitions. Effective immediately.


LRB101 17108 CMG 66508 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

SB2550LRB101 17108 CMG 66508 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.37, 3.1-2, 3.1-4, 3.1-7, and 3.3 and by adding
6Sections 1.2q-1 and 1.2q-2 as follows:
 
7    (520 ILCS 5/1.2q-1 new)
8    Sec. 1.2q-1. Trapping license. "Trapping license" means an
9electronic or physical license authorizing the person to take a
10certain type of animal during a specified period of time.
 
11    (520 ILCS 5/1.2q-2 new)
12    Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance
13Wildlife Control Permit" means an electronic or physical
14license authorizing the person to take a certain type of animal
15as provided in Section 2.37.
 
16    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
17    Sec. 2.37. Authority to kill wildlife responsible for
18damage. Subject to federal regulations and Section 3 of the
19Illinois Endangered Species Act, the Department may authorize
20owners and tenants of lands or their agents to remove or
21destroy any wild bird or wild mammal when the wild bird or wild

 

 

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1mammal is known to be destroying property or causing a risk to
2human health or safety upon his or her land.
3    Upon receipt by the Department of information from the
4owner, tenant, or sharecropper that any one or more species of
5wildlife is damaging dams, levees, ditches, cattle pastures, or
6other property on the land on which he resides or controls,
7together with a statement regarding location of the property
8damages, the nature and extent of the damage, and the
9particular species of wildlife committing the damage, the
10Department shall make an investigation.
11    If, after investigation, the Department finds that damage
12does exist and can be abated only by removing or destroying
13that wildlife, a permit shall be issued by the Department to
14remove or destroy the species responsible for causing the
15damage.
16    A permit to control the damage shall be for a period of up
17to 90 days, shall specify the means and methods by which and
18the person or persons by whom the wildlife may be removed or
19destroyed, and shall set forth the disposition procedure to be
20made of all wildlife taken and other restrictions the Director
21considers necessary and appropriate in the circumstances of the
22particular case. Whenever possible, the specimens destroyed
23shall be given to a bona-fide public or State scientific,
24educational, or zoological institution.
25    The permittee shall advise the Department in writing,
26within 10 days after the expiration date of the permit, of the

 

 

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1number of individual species of wildlife taken, disposition
2made of them, and any other information which the Department
3may consider necessary.
4    Subject to federal regulations and Section 3 of the
5Illinois Endangered Species Act, the Department may grant to an
6individual, corporation, association or a governmental body
7the authority to control species protected by this Code
8pursuant to the issuance of a Nuisance Wildlife Control Permit.
9The Department shall set forth applicable regulations in an
10Administrative Order and may require periodic reports listing
11species taken, numbers of each species taken, dates when taken,
12and other pertinent information.
13    Drainage Districts shall have the authority to control
14beaver provided that they must notify the Department in writing
15that a problem exists and of their intention to trap the
16animals at least 7 days before the trapping begins. The
17District must identify traps used in beaver control outside the
18dates of the furbearer trapping season with metal tags with the
19district's name legibly inscribed upon them. During the
20furtrapping season, traps must be identified as prescribed by
21law. Conibear traps at least size 330 shall be used except
22during the statewide furbearer trapping season. During that
23time trappers may use any device that is legal according to the
24Wildlife Code. Except during the statewide furbearer trapping
25season, beaver traps must be set in water at least 10 inches
26deep. Except during the statewide furbearer trapping season,

 

 

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1traps must be set within 10 feet of an inhabited bank burrow or
2house and within 10 feet of a dam maintained by a beaver. No
3beaver or other furbearer taken outside of the dates for the
4furbearer trapping season may be sold. All animals must be
5given to the nearest conservation officer or other Department
6of Natural Resources representative within 48 hours after they
7are caught. Furbearers taken during the fur trapping season may
8be sold provided that they are taken by persons who have valid
9trapping licenses in their possession and are lawfully taken.
10The District must submit an annual report showing the species
11and numbers of animals caught. The report must indicate all
12species which were taken.
13    The location of traps or snares authorized under this
14Section, either by the Department or any other governmental
15body with the authority to control species protected by this
16Code, shall be exempt from the provisions of the Freedom of
17Information Act.
18(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12;
1998-1045, eff. 8-25-14.)
 
20    (520 ILCS 5/3.1-2)  (from Ch. 61, par. 3.1-2)
21    Sec. 3.1-2. Veterans who, according to the determination of
22the Veterans' Administration as certified by the Department of
23Veterans' Affairs, are at least 10% disabled with
24service-related disabilities or in receipt of total disability
25pensions may hunt and trap any of the species protected by

 

 

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1Section 2.2, during such times, with such devices and by such
2methods as are permitted by this Act, without procuring hunting
3and trapping licenses, on the condition that their respective
4disabilities do not prevent them from hunting and trapping in a
5manner which is safe to themselves and others.
6(Source: P.A. 83-58.)
 
7    (520 ILCS 5/3.1-4)
8    Sec. 3.1-4. Military members returning from mobilization
9and service outside the United States.
10    (a) After returning from service abroad or mobilization by
11the President of the United States as an active duty member of
12the United States Armed Forces, the Illinois National Guard, or
13the Reserves of the United States Armed Forces, an Illinois
14resident may hunt and trap any of the species protected by
15Section 2.2 of this Code without paying any fees required to
16obtain a hunting license or a trapping license for the time
17period prescribed by subsection (b) of this Section if the
18Illinois resident applies for a license within 2 years after
19returning from service abroad or mobilization. The applicant
20shall provide acceptable verification of service or
21mobilization to the Department either at the Department's
22office in Springfield or at a Regional Office of the
23Department.
24    (b) For each year that an applicant is an active duty
25member pursuant to subsection (a) of this Section, the

 

 

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1applicant shall receive one free hunting license, one free
2trapping license, one free Deer Hunting Permit as provided in
3Section 2.26 of this Code and rules adopted pursuant to that
4Section, and one free State Habitat Stamp. For the purposes of
5this determination, if the period of active duty is a portion
6of a year (for example, one year and 3 months), the applicant
7will be credited with a full year for the portion of a year
8served.
9    (c) (Blank).
10    (c-5) An Illinois resident veteran may obtain an Illinois
11Hunter Education card if he or she completes the online study
12section of the Illinois Hunter Education program and provides
13the Department with acceptable verification of service or
14mobilization.
15    (d) For the purposes of this Section, "acceptable
16verification of service or mobilization" means official
17documentation from the Department of Defense or the appropriate
18Major Command showing mobilization dates or service abroad
19dates, including: (i) a DD-214, (ii) a letter from the Illinois
20Department of Military Affairs for members of the Illinois
21National Guard, (iii) a letter from the Regional Reserve
22Command for members of the Armed Forces Reserve, (iv) a letter
23from the Major Command covering Illinois for active duty
24members, (v) personnel records for mobilized State employees,
25and (vi) any other documentation that the Department, by
26administrative rule, deems acceptable to establish dates of

 

 

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1mobilization or service abroad.
2    (e) For the purposes of this Section, the term "service
3abroad" means active duty service outside of the 50 United
4States and the District of Columbia, and includes all active
5duty service in territories and possessions of the United
6States.
7(Source: P.A. 98-118, eff. 7-30-13.)
 
8    (520 ILCS 5/3.1-7)
9    Sec. 3.1-7. Terminally ill hunter or trapper licensing
10program. In order to facilitate hunting, trapping, and fishing
11opportunities for a terminally ill person, the Director may
12issue any license, tag, permit, or stamp and waive fees,
13including transaction and dealer fees.
14    Youth may take game outside of an established season if
15that youth is deemed to be terminally ill and the hunt is
16pre-approved by the Director.
17(Source: P.A. 97-215, eff. 1-1-12.)
 
18    (520 ILCS 5/3.3)  (from Ch. 61, par. 3.3)
19    Sec. 3.3. Trapping license required. Before any person
20shall trap any of the mammals protected by this Act, for which
21an open trapping season has been established, he shall first
22procure a trapping license from the Department to do so. No
23traps shall be placed in the field, set or unset, prior to the
24opening day of the trapping season.

 

 

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1    Traps used in the taking of such mammals shall be marked or
2tagged with metal tags or inscribed in lettering giving the
3name and address of the owner or the customer identification
4number issued by the Department, and absence of such mark or
5tag shall be prima facie evidence that such trap or traps are
6illegally used and the trap or traps shall be confiscated and
7disposed of as directed by the Department.
8    Before any person 18 years of age or older shall trap,
9attempt to trap, or sell the green hides of any mammal of the
10species defined as fur-bearing mammals by Section 2.2 for which
11an open season is established under this Act, he shall first
12have procured a State Habitat Stamp.
13    Beginning January 1, 2016, no trapping license shall be
14issued to any person born on or after January 1, 1998 unless he
15or she presents to the authorized issuer of the license
16evidence that he or she has a certificate of competency
17provided for in this Section.
18    The Department of Natural Resources shall authorize
19personnel of the Department, or volunteer instructors, found by
20the Department to be competent, to provide instruction in
21courses on trapping techniques and ethical trapping behavior as
22needed throughout the State, which courses shall be at least 8
23hours in length. Persons so authorized shall provide
24instruction in such courses to individuals at no charge, and
25shall issue to individuals successfully completing such
26courses certificates of competency in basic trapping

 

 

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1techniques. The Department shall cooperate in establishing
2such courses with any reputable association or organization
3which has as one of its objectives the promotion of the ethical
4use of legal fur harvesting devices and techniques. The
5Department shall furnish information on the requirements of the
6trapper education program to be distributed free of charge to
7applicants for trapping licenses by the persons appointed and
8authorized to issue licenses.
9    The owners residing on, or bona fide tenants of farm lands,
10and their children actually residing on such lands, shall have
11the right to trap mammals protected by this Act, for which an
12open trapping season has been established, upon such lands,
13without procuring licenses, provided that such mammals are
14taken during the periods of time and with such devices as are
15permitted by this Act.
16    Any person on active duty in the Armed Forces or any person
17with a disability who is a resident of Illinois, may trap any
18of the species protected by Section 2.2, during such times,
19with such devices and by such methods as are permitted by this
20Act, without procuring a trapping license. For the purposes of
21this Section, a person is considered a person with a disability
22if he or she has a Type 1 or Type 4, Class 2 disability as
23defined in Section 4A of the Illinois Identification Card Act.
24For purposes of this Section, an Illinois Person with a
25Disability Identification Card issued pursuant to the Illinois
26Identification Card Act indicating that the person thereon

 

 

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1named has a Type 1 or Type 4, Class 2 disability shall be
2adequate documentation of such a disability.
3(Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18;
4101-81, eff. 7-12-19.)
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.