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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 Section
52.36 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 institution,
9other than a regularly operated refrigerated storage
10establishment, to have in its possession any of the wild birds,
11or any part thereof (and their eggs), or wild mammals or any
12parts thereof, protected by this Act unless done as hereinafter
13provided:
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 or
2otherwise dealt with as provided in this Section and Sections
33.23 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 program,
7and the owner of the deer (i) fails to claim the processed deer
8within a reasonable time or (ii) notifies the licensed meat
9processing facility that the owner no longer wants the
10processed deer, then the deer meat may be given away by the
11licensed meat processor to another person or donated to any
12other charitable organization or community food bank that
13receives wild game meat. The licensed meat processing facility
14may charge the person receiving the deer meat a reasonable and
15customary processing fee;
16    Meat processors who are active members of the Illinois
17Sportsmen Against Hunger program shall keep written records of
18all deer received. Records shall include the following
19information:
20        (1) the date the deer was received;
21        (2) the name, address, and telephone number of the
22    person from whom the deer was received;
23        (3) whether the deer was received as a whole carcass or
24    as deboned meat; if the deer was brought to the meat
25    processor as deboned meat, the processor shall include the
26    weight of the meat;

 

 

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1        (4) the number and state of issuance of the permit of
2    the person from whom the deer was received; in the absence
3    of a permit number, the meat processor may rely on the
4    written certification of the person from whom the deer was
5    received that the deer was legally taken or obtained; and
6        (5) if the person who originally delivered the deer to
7    the meat processor fails to collect or make arrangements
8    for the packaged deer meat to be collected and the meat
9    processor gives all or part of the unclaimed deer meat to
10    another person, the meat processor shall maintain a record
11    of the exchange; the meat processor's records shall include
12    the customer's name, physical address, telephone number,
13    as well as the quantity and type of deer meat given to the
14    customer. The meat processor shall also include the amount
15    of compensation received for the deer meat in his or her
16    records.
17    Meat processor records for unclaimed deer meat shall be
18open for inspection by any peace officer at any reasonable
19hour. Meat processors shall maintain records for a period of 2
20years after the date of receipt of the wild game or for as long
21as the specimen or meat remains in the meat processors
22possession, whichever is longer;
23    No meat processor shall have in his or her possession any
24deer that is not listed in his or her written records and
25properly tagged or labeled;
26    All licensed meat processors who ship any deer or parts of

 

 

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1deer that have been held, possessed, or otherwise dealt with
2shall tag or label the shipment, and the tag or label shall
3state the name of the meat processor;
4    Nothing in this Section removes meat processors from
5responsibility for the observance of any State or federal laws,
6rules, or regulations that may apply to the meat processing
7business;
8    Fur-bearing mammals, or any parts thereof, may be held,
9possessed, sold or otherwise dealt with as provided in Sections
103.16, 3.24, and 3.26 of this Act or when legally taken and
11possessed in Illinois or legally taken and possessed in and
12transported from other states or countries;
13    The inedible parts of game mammals may be held, possessed,
14sold or otherwise dealt with when legally taken, in Illinois or
15legally taken and possessed in and transported from other
16states or countries.
17    Failure to establish proof of the legality of possession in
18another state or country and importation into the State of
19Illinois, shall be prima facie evidence that such game birds or
20any parts thereof, and their eggs, game mammals and fur-bearing
21mammals, or any parts thereof, were taken within the State of
22Illinois.
23(Source: P.A. 95-196, eff. 1-1-08.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.