103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3407

 

Introduced 2/8/2024, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.36  from Ch. 61, par. 2.36

    Amends the Wildlife Code. Deletes provisions that require a meat processor to be a member of the Illinois Sportsmen Against Hunger program in order for the meat processor to donate deer meat that the meat processor has processed. Provides that if a properly tagged deer is processed at a licensed meat processing facility and if the owner of the deer (i) fails to claim the processed deer within a reasonable time or (ii) notifies the licensed meat processing facility that the owner no longer wants the processed deer or wishes to donate the deer, then the deer meat may be given away by the licensed meat processor to another person or donated to a charitable organization or community food bank that receives wild game meat. Requires meat processors who donate deer meat to a charitable organization or community food bank that receives wild game meat to keep written records of all deer received.


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A BILL FOR

 

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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
5Section 2.36 as follows:
 
6    (520 ILCS 5/2.36)  (from Ch. 61, par. 2.36)
7    Sec. 2.36. It shall be unlawful to buy, sell, or barter, or
8offer to buy, sell, or barter, and for a commercial
9institution, other than a regularly operated refrigerated
10storage establishment, to have in its possession any of the
11wild birds, or any part thereof (and their eggs), or wild
12mammals or any parts thereof, protected by this Act unless
13done as hereinafter provided:
14    Game birds or any parts thereof (and their eggs), may be
15held, possessed, raised and sold, or otherwise dealt with, as
16provided in Section 3.23 of this Act or when legally produced
17under similar special permit in another state or country and
18legally transported into the State of Illinois; provided that
19such imported game birds or any parts thereof, shall be marked
20with permanent irremovable tags, or similar devices, to
21establish and retain their origin and identity;
22    Rabbits may be legally taken and possessed as provided in
23Sections 3.23, 3.24, and 3.26 of this Act;

 

 

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1    Deer, or any parts thereof, may be held, possessed, sold
2or otherwise dealt with as provided in this Section and
3Sections 3.23 and 3.24 of this Act;
4    If a properly tagged deer is processed at a licensed meat
5processing facility, the meat processor at the facility is an
6active member of the Illinois Sportsmen Against Hunger
7program, and if the owner of the deer (i) fails to claim the
8processed deer within a reasonable time or (ii) notifies the
9licensed meat processing facility that the owner no longer
10wants the processed deer or wishes to donate the deer, then the
11deer meat may be given away by the licensed meat processor to
12another person or donated to a any other charitable
13organization or community food bank that receives wild game
14meat. The licensed meat processing facility may charge the
15person receiving the deer meat a reasonable and customary
16processing fee;
17    Meat processors who donate deer meat to a charitable
18organization or community food bank that receives wild game
19meat are active members of the Illinois Sportsmen Against
20Hunger program shall keep written records of all deer
21received. Records shall include the following information:
22        (1) the date the deer was received;
23        (2) the name, address, and telephone number of the
24    person from whom the deer was received;
25        (3) whether the deer was received as a whole carcass
26    or as deboned meat; if the deer was brought to the meat

 

 

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1    processor as deboned meat, the processor shall include the
2    weight of the meat;
3        (4) the number and state of issuance of the permit of
4    the person from whom the deer was received; in the absence
5    of a permit number, the meat processor may rely on the
6    written certification of the person from whom the deer was
7    received that the deer was legally taken or obtained; and
8        (5) if the person who originally delivered the deer to
9    the meat processor fails to collect or make arrangements
10    for the packaged deer meat to be collected or wishes to
11    donate the meat and if the meat processor gives all or part
12    of the unclaimed deer meat to another person or charitable
13    organization or community food bank that receives wild
14    game meat, the meat processor shall maintain a record of
15    the exchange; the meat processor's records shall include
16    the customer's name, physical address, telephone number,
17    as well as the quantity and type of deer meat given to the
18    customer. The meat processor shall also include the amount
19    of compensation received for the deer meat in his or her
20    records.
21    Meat processor records for unclaimed and donated deer meat
22shall be open for inspection by any peace officer at any
23reasonable hour. Meat processors shall maintain records for a
24period of 2 years after the date of receipt of the wild game or
25for as long as the specimen or meat remains in the meat
26processors possession, whichever is longer;

 

 

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1    No meat processor shall have in his or her possession any
2deer that is not listed in his or her written records and
3properly tagged or labeled;
4    All licensed meat processors who ship any deer or parts of
5deer that have been held, possessed, or otherwise dealt with
6shall tag or label the shipment, and the tag or label shall
7state the name of the meat processor;
8    Nothing in this Section removes meat processors from
9responsibility for the observance of any State or federal
10laws, rules, or regulations that may apply to the meat
11processing business;
12    Fur-bearing mammals, or any parts thereof, may be held,
13possessed, sold or otherwise dealt with as provided in
14Sections 3.16, 3.24, and 3.26 of this Act or when legally taken
15and possessed in Illinois or legally taken and possessed in
16and transported from other states or countries;
17    It is unlawful for any person to act as a nuisance wildlife
18control operator for fee or compensation without a permit as
19provided in subsection subsection (b) of Section 2.37 of this
20Act unless such trapping is in compliance with Section 2.30.
21    The inedible parts of game mammals may be held, possessed,
22sold, or otherwise dealt with when legally taken, in Illinois
23or legally taken and possessed in and transported from other
24states or countries.
25    Failure to establish proof of the legality of possession
26in another state or country and importation into the State of

 

 

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1Illinois, shall be prima facie evidence that such game birds
2or any parts thereof, and their eggs, game mammals and
3fur-bearing mammals, or any parts thereof, were taken within
4the State of Illinois.
5(Source: P.A. 103-37, eff. 6-9-23; revised 9-20-23.)