Illinois 2025-2026 Regular Session

Illinois Senate Bill SB2160 Compare Versions

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11 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. LRB104 09722 BDA 19788 b A BILL FOR 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2160 Introduced 2/7/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED: See Index 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. LRB104 09722 BDA 19788 b LRB104 09722 BDA 19788 b A BILL FOR
22 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2160 Introduced 2/7/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
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55 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.
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1111 1 AN ACT concerning wildlife.
1212 2 Be it enacted by the People of the State of Illinois,
1313 3 represented in the General Assembly:
1414 4 Section 5. The Department of Human Services Act is amended
1515 5 by adding Section 10-64 as follows:
1616 6 (20 ILCS 1305/10-64 new)
1717 7 Sec. 10-64. Grants to food banks for venison. The
1818 8 Department of Human Services shall award grants, in
1919 9 consultation with the Department of Natural Resources and
2020 10 subject to Section 1.29a of the Wildlife Code, to food banks or
2121 11 other entities that provide free food, for the purchase of
2222 12 venison or deer meat from food processors or butchers that
2323 13 have deer donated by hunters for that purpose. The Department
2424 14 of Human Services, in consultation with the Department of
2525 15 Natural Resources, shall adopt rules implementing this
2626 16 Section.
2727 17 Section 10. The State Finance Act is amended by adding
2828 18 Section 5.1030 as follows:
2929 19 (30 ILCS 105/5.1030 new)
3030 20 Sec. 5.1030. The Hunter Food Bank Fund.
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3434 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2160 Introduced 2/7/2025, by Sen. Patrick J. Joyce SYNOPSIS AS INTRODUCED:
3535 See Index See Index
3636 See Index
3737 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.
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6565 1 Section 15. The Wildlife Code is amended by changing
6666 2 Sections 1.28, 2.25, 2.26, and 2.37 and by adding Section
6767 3 1.29a as follows:
6868 4 (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
6969 5 Sec. 1.28. Fees and fines; deposit in funds. All fees,
7070 6 fines, including bond forfeitures, income of whatsoever kind
7171 7 or nature derived from hunting and fishing activities on lands
7272 8 or waters or both under the jurisdiction or control of the
7373 9 Department, and all penalties collected under this Act shall
7474 10 be deposited in the State Treasury and shall be set apart in a
7575 11 special fund to be known as the "Wildlife and Fish Fund";
7676 12 except that fees derived solely from the sale of salmon
7777 13 stamps, income from art contests for the salmon stamp,
7878 14 including income from the sale of reprints, and gifts,
7979 15 donations, grants and bequests of money for the conservation
8080 16 and propagation of salmon shall be deposited in the State
8181 17 Treasury and set apart in the special fund to be known as the
8282 18 "Salmon Fund"; and except that fees derived solely from the
8383 19 sale of state migratory waterfowl stamps, and gifts,
8484 20 donations, grants and bequests of money for the conservation
8585 21 and propagation of waterfowl shall be deposited in the special
8686 22 fund to be known as the "State Migratory Waterfowl Stamp
8787 23 Fund"; and except that, fees derived solely from the sale of
8888 24 hunter food bank stamps, and gifts, donations, grants, and
8989 25 bequests of money for the purpose of having hunters help end
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100100 1 hunger in Illinois shall be deposited in the Hunter Food Bank
101101 2 Fund; and except that, of fees derived solely from the sale of
102102 3 State Habitat Stamps, 64% shall be deposited into the Illinois
103103 4 Habitat Fund, 30% into the State Pheasant Fund, and 6% into the
104104 5 State Furbearer Fund. Income generated from the sale of
105105 6 artwork associated with the State Habitat Stamps shall be
106106 7 deposited into the Illinois Habitat Fund. All interest that
107107 8 accrues from monies deposited into the Wildlife and Fish Fund,
108108 9 the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the
109109 10 State Furbearer Fund, the State Pheasant Fund, and the
110110 11 Illinois Habitat Fund shall be deposited into those funds,
111111 12 respectively. Appropriations from the "Wildlife and Fish Fund"
112112 13 shall be made only to the Department for the carrying out of
113113 14 the powers and functions vested by law in the Department for
114114 15 the administration and management of fish and wildlife
115115 16 resources of this State for such activities as the purchase of
116116 17 land for fish hatcheries, wildlife refuges, preserves and
117117 18 public shooting and fishing grounds; the purchase and
118118 19 distribution of wild birds, the eggs of wild birds, and wild
119119 20 mammals for rescuing, restoring and distributing fish; the
120120 21 maintenance of wildlife refuges, or preserves, public shooting
121121 22 grounds, public fishing grounds and fish hatcheries; and the
122122 23 feeding and care of wild birds, wild animals and fish.
123123 24 (Source: P.A. 95-853, eff. 8-18-08.)
124124 25 (520 ILCS 5/1.29a new)
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135135 1 Sec. 1.29a. Hunter Food Bank Stamp; Hunter Food Bank Fund.
136136 2 (a) The Department of Natural Resources shall ensure that
137137 3 an optional Hunter Food Bank Stamp is offered to all persons
138138 4 and at all locations where deer hunting permits or licenses
139139 5 are sold or given under this Code. Each applicant for a Hunter
140140 6 Food Bank Stamp shall pay a fee of $10 and shall receive a
141141 7 Stamp. All revenue from the sale of Hunter Food Bank Stamps
142142 8 shall be deposited into the Hunter Food Bank Fund. The
143143 9 Department of Natural Resources shall design the Stamp to
144144 10 reflect that the purpose of the Stamp to have hunters help end
145145 11 hunger in Illinois. The Department of Natural Resources shall
146146 12 publicize and advertise the Hunter Food Bank Stamp for the
147147 13 purpose of having hunters help end hunger in Illinois. The
148148 14 Department of Natural Resources, in consultation with the
149149 15 Department of Human Services, shall adopt rules implementing
150150 16 this Section.
151151 17 (b) There is hereby created as a special fund in the State
152152 18 treasury the Hunter Food Bank Fund. All fees collected from
153153 19 the sale of Hunter Food Bank Stamps, and gifts, donations,
154154 20 grants, and bequests of money for the purpose of having
155155 21 hunters help end hunger in Illinois shall be deposited in this
156156 22 Fund. These moneys shall be appropriated to the Department of
157157 23 Human Services for the purposes detailed in Section 10-64 of
158158 24 the Department of Human Services Act and for no other
159159 25 purposes.
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170170 1 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
171171 2 Sec. 2.25. It shall be unlawful for any person to take deer
172172 3 except (i) with a shotgun, handgun, single shot centerfire
173173 4 rifle, or muzzleloading rifle or (ii) as provided by
174174 5 administrative rule, with a bow and arrow, during the open
175175 6 season of not more than 14 days which will be set annually by
176176 7 the Director between the dates of November 1st and December
177177 8 31st, both inclusive, or a special 3-day, youth-only season
178178 9 between the dates of September 1 and October 31. For the
179179 10 purposes of this Section, legal handguns and rifles are
180180 11 limited to centerfire handguns that are either a single shot
181181 12 or revolver and centerfire rifles that are single shot. The
182182 13 only legal ammunition for a centerfire handgun or rifle is a
183183 14 bottleneck centerfire cartridge of .30 caliber or larger with
184184 15 a case length not exceeding one and two-fifths inches, or a
185185 16 straight-walled centerfire cartridge of .30 caliber or larger,
186186 17 both of which must be available as a factory load with the
187187 18 published ballistic tables of the manufacturer showing a
188188 19 capability of at least 500 foot pounds of energy at the muzzle.
189189 20 The barrel of a handgun shall be at least 4 inches. Full metal
190190 21 jacket bullets may not be used to harvest deer.
191191 22 The Department shall make administrative rules concerning
192192 23 management restrictions applicable to the firearm and bow and
193193 24 arrow season.
194194 25 It shall be unlawful for any person to take deer except
195195 26 with a bow and arrow during the open season for bow and arrow
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206206 1 set annually by the Director between the dates of September
207207 2 1st and January 31st, both inclusive.
208208 3 It shall be unlawful for any person to take deer except
209209 4 with (i) a muzzleloading rifle or (ii) bow and arrow during the
210210 5 open season for muzzleloading rifles set annually by the
211211 6 Director.
212212 7 The Director shall cause an administrative rule setting
213213 8 forth the prescribed rules and regulations, including bag and
214214 9 possession limits and those counties of the State where open
215215 10 seasons are established, to be published in accordance with
216216 11 Sections 1.3 and 1.13 of this Act.
217217 12 The Department may establish separate harvest periods for
218218 13 the purpose of managing or eradicating disease that has been
219219 14 found in the deer herd. This season shall be restricted to gun
220220 15 or bow and arrow hunting only. The Department shall publicly
221221 16 announce, via statewide news release, the season dates and
222222 17 shooting hours, the counties and sites open to hunting.
223223 18 The Department is authorized to establish a separate
224224 19 harvest period at specific sites within the State for the
225225 20 purpose of harvesting surplus deer that cannot be taken during
226226 21 the regular season provided for the taking of deer. This
227227 22 season shall be restricted to gun or bow and arrow hunting only
228228 23 and shall be established during the period of September 1st to
229229 24 February 15th, both inclusive. The Department shall publicly
230230 25 announce, via statewide news release, the season dates and
231231 26 shooting hours, and the counties and sites open to hunting. In
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242242 1 determining counties and sites open to hunting within this
243243 2 separate harvest period, the Department shall adopt rules that
244244 3 will cause the counties and sites selected by the Department
245245 4 to be open for hunting during this special harvest period if
246246 5 more than 5 deer removal permit requests are made in that
247247 6 county under subsection (a) of Section 2.37 during the year
248248 7 immediately preceding the beginning of the special harvest
249249 8 period. The Department shall publish suitable prescribed rules
250250 9 and regulations established by administrative rule pertaining
251251 10 to management restrictions applicable to this special harvest
252252 11 program. The Department shall allow unused gun deer permits
253253 12 that are left over from a regular season for the taking of deer
254254 13 to be rolled over and used during any separate harvest period
255255 14 held within 6 months of the season for which those tags were
256256 15 issued at no additional cost to the permit holder subject to
257257 16 the management restrictions applicable to the special harvest
258258 17 program. At the request of any individual defined under
259259 18 paragraph (1), (2), or (3) of subsection (b) of Section 3.1-6
260260 19 whose land is not otherwise within any county or site open to
261261 20 hunting within the separate harvest period, the Department
262262 21 shall transfer to that individual an unused firearm deer
263263 22 permit from the regular season for the taking of deer to be
264264 23 used during the separate harvest period to hunt upon the
265265 24 individual's land only and for the taking of antlerless deer
266266 25 only, and that transferred permit shall be transferable in the
267267 26 same manner as permits under Section 3.1-6.
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278278 1 Beginning July 1, 2019, and on an annual basis thereafter,
279279 2 the Department shall provide a report to the General Assembly
280280 3 providing information regarding deer management programs
281281 4 established by the Code or by administrative rule that
282282 5 includes: (1) the number of surplus deer taken during each
283283 6 separate harvest season; (2) the number of deer found to have a
284284 7 communicable disease or other abnormality; and (3) what
285285 8 happens to the deer taken during each separate harvest season.
286286 9 (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22;
287287 10 102-932, eff. 1-1-23.)
288288 11 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
289289 12 Sec. 2.26. Deer hunting permits. Any person attempting to
290290 13 take deer shall first obtain a "Deer Hunting Permit" issued by
291291 14 the Department in accordance with its administrative rules.
292292 15 Those rules must provide for the issuance of the following
293293 16 types of resident deer archery permits: (i) a combination
294294 17 permit, consisting of one either-sex permit and one
295295 18 antlerless-only permit, (ii) a single antlerless-only permit,
296296 19 and (iii) a single either-sex permit. The fee for a Deer
297297 20 Hunting Permit to take deer with either bow and arrow or gun
298298 21 shall not exceed $25 for residents of the State. The
299299 22 Department may by administrative rule provide for non-resident
300300 23 deer hunting permits for which the fee will not exceed $300 in
301301 24 2005, $350 in 2006, and $400 in 2007 and thereafter except as
302302 25 provided below for non-resident landowners and non-resident
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313313 1 archery hunters. The Department may by administrative rule
314314 2 provide for a non-resident archery deer permit consisting of
315315 3 not more than 2 harvest tags at a total cost not to exceed $325
316316 4 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
317317 5 fees for a youth resident and non-resident archery deer permit
318318 6 shall be the same.
319319 7 The Department shall create a pilot program during the
320320 8 special 3-day, youth-only deer hunting season to allow for
321321 9 youth deer hunting permits that are valid statewide, excluding
322322 10 those counties or portions of counties closed to firearm deer
323323 11 hunting. The Department shall adopt rules to implement the
324324 12 pilot program. Nothing in this paragraph shall be construed to
325325 13 prohibit the Department from issuing Special Hunt Area Permits
326326 14 for the youth-only deer hunting season or establishing,
327327 15 through administrative rule, additional requirements
328328 16 pertaining to the youth-only deer hunting season on
329329 17 Department-owned or Department-managed sites, including
330330 18 site-specific quotas or drawings. The provisions of this
331331 19 paragraph are inoperative on and after January 1, 2023.
332332 20 The standards and specifications for use of guns and bow
333333 21 and arrow for deer hunting shall be established by
334334 22 administrative rule.
335335 23 No person may have in his or her possession any firearm not
336336 24 authorized by administrative rule for a specific hunting
337337 25 season when taking deer unless in accordance with the Firearm
338338 26 Concealed Carry Act.
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349349 1 Persons having a firearm deer hunting permit shall be
350350 2 permitted to take deer only during the period from 1/2 hour
351351 3 before sunrise to 1/2 hour after sunset, and only during those
352352 4 days for which an open season is established for the taking of
353353 5 deer by use of shotgun, handgun, rifle, or muzzle loading
354354 6 rifle.
355355 7 Persons having an archery deer hunting permit shall be
356356 8 permitted to take deer only during the period from 1/2 hour
357357 9 before sunrise to 1/2 hour after sunset, and only during those
358358 10 days for which an open season is established for the taking of
359359 11 deer by use of bow and arrow.
360360 12 It shall be unlawful for any person to take deer by use of
361361 13 dogs, horses, automobiles, aircraft, or other vehicles, or by
362362 14 the use or aid of bait or baiting of any kind. For the purposes
363363 15 of this Section, "bait" means any material, whether liquid or
364364 16 solid, including food, salt, minerals, and other products,
365365 17 except pure water, that can be ingested, placed, or scattered
366366 18 in such a manner as to attract or lure white-tailed deer.
367367 19 "Baiting" means the placement or scattering of bait to attract
368368 20 deer. An area is considered as baited during the presence of
369369 21 and for 10 consecutive days following the removal of bait.
370370 22 Nothing in this Section shall prohibit the use of a dog to
371371 23 track wounded deer. Any person using a dog for tracking
372372 24 wounded deer must maintain physical control of the dog at all
373373 25 times by means of a maximum 50-foot 50 foot lead attached to
374374 26 the dog's collar or harness. Tracking wounded deer is
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385385 1 permissible at night, but at no time outside of legal deer
386386 2 hunting hours or seasons shall any person handling or
387387 3 accompanying a dog being used for tracking wounded deer be in
388388 4 possession of any firearm or archery device. Persons tracking
389389 5 wounded deer with a dog during the firearm deer seasons shall
390390 6 wear blaze orange or solid blaze pink color as required. Dog
391391 7 handlers tracking wounded deer with a dog are exempt from
392392 8 hunting license and deer permit requirements so long as they
393393 9 are accompanied by the licensed deer hunter who wounded the
394394 10 deer.
395395 11 It shall be unlawful to possess or transport any wild deer
396396 12 which has been injured or killed in any manner upon a public
397397 13 highway or public right-of-way of this State unless exempted
398398 14 by administrative rule.
399399 15 Persons hunting deer must have the gun unloaded and no bow
400400 16 and arrow device shall be carried with the arrow in the nocked
401401 17 position during hours when deer hunting is unlawful.
402402 18 It shall be unlawful for any person, having taken the
403403 19 legal limit of deer by gun, to further participate with a gun
404404 20 in any deer hunting party, except when filling antlerless tags
405405 21 or using an either-sex permit to take an antlerless deer.
406406 22 It shall be unlawful for any person, having taken the
407407 23 legal limit of deer by bow and arrow, to further participate
408408 24 with bow and arrow in any deer hunting party, except when
409409 25 filling antlerless tags or using an either-sex permit to take
410410 26 an antlerless deer.
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421421 1 The Department may prohibit upland game hunting during the
422422 2 gun deer season by administrative rule.
423423 3 The Department shall not limit the number of non-resident,
424424 4 either-sex archery deer hunting permits to less than 20,000.
425425 5 Any person who violates any of the provisions of this
426426 6 Section, including administrative rules, shall be guilty of a
427427 7 Class B misdemeanor.
428428 8 For the purposes of calculating acreage under this
429429 9 Section, the Department shall, after determining the total
430430 10 acreage of the applicable tract or tracts of land, round
431431 11 remaining fractional portions of an acre greater than or equal
432432 12 to half of an acre up to the next whole acre.
433433 13 For the purposes of taking white-tailed deer, nothing in
434434 14 this Section shall be construed to prevent the manipulation,
435435 15 including mowing or cutting, of standing crops as a normal
436436 16 agricultural or soil stabilization practice, food plots, or
437437 17 normal agricultural practices, including planting, harvesting,
438438 18 and maintenance such as cultivating or the use of products
439439 19 designed for scent only and not capable of ingestion, solid or
440440 20 liquid, placed or scattered, in such a manner as to attract or
441441 21 lure deer. Such manipulation for the purpose of taking
442442 22 white-tailed deer may be further modified by administrative
443443 23 rule.
444444 24 (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
445445 25 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
446446
447447
448448
449449
450450
451451 SB2160 - 12 - LRB104 09722 BDA 19788 b
452452
453453
454454 SB2160- 13 -LRB104 09722 BDA 19788 b SB2160 - 13 - LRB104 09722 BDA 19788 b
455455 SB2160 - 13 - LRB104 09722 BDA 19788 b
456456 1 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
457457 2 (Text of Section before amendment by P.A. 103-611)
458458 3 Sec. 2.37. Authority to kill wildlife responsible for
459459 4 damage.
460460 5 (a) Subject to federal regulations and Section 3 of the
461461 6 Illinois Endangered Species Protection Act, the Department may
462462 7 authorize owners and tenants of lands or their agents, who are
463463 8 performing the service without fee or compensation, to remove
464464 9 or destroy any wild bird or wild mammal when the wild bird or
465465 10 wild mammal is known to be destroying property or causing a
466466 11 risk to human health or safety upon his or her land.
467467 12 Upon receipt by the Department of information from the
468468 13 owner, tenant, or sharecropper that any one or more species of
469469 14 wildlife is damaging dams, levees, ditches, cattle pastures,
470470 15 or other property on the land on which he resides or controls,
471471 16 together with a statement regarding location of the property
472472 17 damages, the nature and extent of the damage, and the
473473 18 particular species of wildlife committing the damage, the
474474 19 Department shall make an investigation.
475475 20 If, after investigation, the Department finds that damage
476476 21 does exist and can be abated only by removing or destroying
477477 22 that wildlife, a permit shall be issued by the Department to
478478 23 remove or destroy the species responsible for causing the
479479 24 damage.
480480 25 A permit to control the damage shall be for a period of up
481481 26 to 90 days, shall specify the means and methods by which and
482482
483483
484484
485485
486486
487487 SB2160 - 13 - LRB104 09722 BDA 19788 b
488488
489489
490490 SB2160- 14 -LRB104 09722 BDA 19788 b SB2160 - 14 - LRB104 09722 BDA 19788 b
491491 SB2160 - 14 - LRB104 09722 BDA 19788 b
492492 1 the person or persons by whom the wildlife may be removed or
493493 2 destroyed, without fee or compensation, and shall set forth
494494 3 the disposition procedure to be made of all wildlife taken and
495495 4 other restrictions the Director considers necessary and
496496 5 appropriate in the circumstances of the particular case.
497497 6 Whenever possible, the specimens destroyed shall be given to a
498498 7 bona fide public or State scientific, educational, or
499499 8 zoological institution.
500500 9 The permittee shall advise the Department in writing,
501501 10 within 10 days after the expiration date of the permit, of the
502502 11 number of individual species of wildlife taken, disposition
503503 12 made of them, and any other information which the Department
504504 13 may consider necessary.
505505 14 (b) Subject to federal regulations and Section 3 of the
506506 15 Illinois Endangered Species Protection Act, the Department may
507507 16 grant the authority to control species protected by this Code
508508 17 pursuant to the issuance of a Nuisance Wildlife Control Permit
509509 18 to:
510510 19 (1) any person who is providing such service for a fee
511511 20 or compensation;
512512 21 (2) a governmental body; or
513513 22 (3) a nonprofit or other charitable organization.
514514 23 The Department shall set forth applicable regulations in
515515 24 an Administrative Order and may require periodic reports
516516 25 listing species taken, numbers of each species taken, dates
517517 26 when taken, and other pertinent information.
518518
519519
520520
521521
522522
523523 SB2160 - 14 - LRB104 09722 BDA 19788 b
524524
525525
526526 SB2160- 15 -LRB104 09722 BDA 19788 b SB2160 - 15 - LRB104 09722 BDA 19788 b
527527 SB2160 - 15 - LRB104 09722 BDA 19788 b
528528 1 Any person operating under a Nuisance Wildlife Control
529529 2 Permit who subcontracts the operation of nuisance wildlife
530530 3 control to another shall ensure that such subcontractor
531531 4 possesses a valid Nuisance Wildlife Control Permit issued by
532532 5 the Department. The person must maintain a record of the
533533 6 subcontractor including the subcontractor's name, address, and
534534 7 phone number, and type of work to be performed, for a period of
535535 8 not less than 2 years from the date the subcontractor is no
536536 9 longer performing services on behalf of the person. The
537537 10 records shall be presented to an authorized employee of the
538538 11 Department or law enforcement officer upon request for
539539 12 inspection.
540540 13 Any person operating without the required permit as
541541 14 outlined under this subsection (b) or in violation of this
542542 15 subsection (b) is deemed to be taking, attempting to take,
543543 16 disturbing, or harassing wildlife contrary to the provisions
544544 17 of this Code, including the taking or attempting to take such
545545 18 species for commercial purposes as outlined in Sections 2.36
546546 19 and 2.36a of this Code. Any devices and equipment, including
547547 20 vehicles, used in violation of this subsection (b) may be
548548 21 subject to the provisions of Section 1.25 of this Code.
549549 22 (c) The location of traps or snares authorized under this
550550 23 Section, either by the Department or any other governmental
551551 24 body with the authority to control species protected by this
552552 25 Code, shall be exempt from the provisions of the Freedom of
553553 26 Information Act.
554554
555555
556556
557557
558558
559559 SB2160 - 15 - LRB104 09722 BDA 19788 b
560560
561561
562562 SB2160- 16 -LRB104 09722 BDA 19788 b SB2160 - 16 - LRB104 09722 BDA 19788 b
563563 SB2160 - 16 - LRB104 09722 BDA 19788 b
564564 1 (d) A drainage district or road district or the designee
565565 2 of a drainage district or road district shall be exempt from
566566 3 the requirement to obtain a permit to control nuisance
567567 4 muskrats or beavers if all applicable provisions for licenses
568568 5 are complied with and any trap types and sizes used are in
569569 6 compliance with this Code, including marking or
570570 7 identification. The designee of a drainage district or road
571571 8 district must have a signed and dated written authorization
572572 9 from the drainage district or road district in possession at
573573 10 all times when conducting activities under this Section. This
574574 11 exemption from obtaining a permit shall be valid only upon
575575 12 property owned, leased, or controlled by the drainage district
576576 13 or road district. For the purposes of this Section, "road
577577 14 district" includes a township road district.
578578 15 (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
579579 16 103-225, eff. 6-30-23; 103-605, eff. 7-1-24.)
580580 17 (Text of Section after amendment by P.A. 103-611)
581581 18 Sec. 2.37. Authority to kill wildlife responsible for
582582 19 damage.
583583 20 (a) Subject to federal regulations and Section 3 of the
584584 21 Illinois Endangered Species Protection Act, the Department may
585585 22 authorize owners and tenants of lands or their agents, who are
586586 23 performing the service without fee or compensation, to remove
587587 24 or destroy any wild bird or wild mammal when the wild bird or
588588 25 wild mammal is known to be destroying property or causing a
589589
590590
591591
592592
593593
594594 SB2160 - 16 - LRB104 09722 BDA 19788 b
595595
596596
597597 SB2160- 17 -LRB104 09722 BDA 19788 b SB2160 - 17 - LRB104 09722 BDA 19788 b
598598 SB2160 - 17 - LRB104 09722 BDA 19788 b
599599 1 risk to human health or safety upon his or her land.
600600 2 Upon receipt by the Department of information from the
601601 3 owner, tenant, or sharecropper that any one or more species of
602602 4 wildlife is damaging dams, levees, ditches, cattle pastures,
603603 5 or other property on the land on which he resides or controls,
604604 6 together with a statement regarding location of the property
605605 7 damages, the nature and extent of the damage, and the
606606 8 particular species of wildlife committing the damage, the
607607 9 Department shall make an investigation.
608608 10 If, after investigation, the Department finds that damage
609609 11 does exist and can be abated only by removing or destroying
610610 12 that wildlife, a permit shall be issued by the Department to
611611 13 remove or destroy the species responsible for causing the
612612 14 damage.
613613 15 A permit to control the damage shall be for a period of up
614614 16 to 90 days, except as provided in subsection (a-5), shall
615615 17 specify the means and methods by which and the person or
616616 18 persons by whom the wildlife may be removed or destroyed,
617617 19 without fee or compensation, and shall set forth the
618618 20 disposition procedure to be made of all wildlife taken and
619619 21 other restrictions the Director considers necessary and
620620 22 appropriate in the circumstances of the particular case.
621621 23 Whenever possible, the specimens destroyed shall be given to a
622622 24 bona fide public or State scientific, educational, or
623623 25 zoological institution.
624624 26 The permittee shall advise the Department in writing,
625625
626626
627627
628628
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630630 SB2160 - 17 - LRB104 09722 BDA 19788 b
631631
632632
633633 SB2160- 18 -LRB104 09722 BDA 19788 b SB2160 - 18 - LRB104 09722 BDA 19788 b
634634 SB2160 - 18 - LRB104 09722 BDA 19788 b
635635 1 within 10 days after the expiration date of the permit, of the
636636 2 number of individual species of wildlife taken, disposition
637637 3 made of them, and any other information which the Department
638638 4 may consider necessary.
639639 5 (a-5) The holder of a deer removal permit issued by the
640640 6 Department under subsection (a) of this Section may transfer
641641 7 the permit to any individual who is at least 18 years of age
642642 8 and holds a certificate of competency issued by the Department
643643 9 for successfully completing a hunter safety course authorized
644644 10 by the Department. The Department shall make publicly
645645 11 available on its website applications for deer removal permits
646646 12 to be issued under subsection (a) and instructions on how to
647647 13 apply for those permits. The Department shall acknowledge
648648 14 receipt of each application for a deer removal permit within
649649 15 one business day after its receipt and shall complete any
650650 16 investigation required under subsection (a) and issue or deny
651651 17 the requested deer removal permit within 5 business days after
652652 18 receipt of the application. In the event of failure to deny an
653653 19 application for a deer removal permit within 5 business days
654654 20 after receipt of the application, the application shall be
655655 21 deemed approved. A deer removal permit issued by the
656656 22 Department under subsection (a) is valid from the date of its
657657 23 issuance until December 31 of the same calendar year.
658658 24 (b) Subject to federal regulations and Section 3 of the
659659 25 Illinois Endangered Species Protection Act, the Department may
660660 26 grant the authority to control species protected by this Code
661661
662662
663663
664664
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666666 SB2160 - 18 - LRB104 09722 BDA 19788 b
667667
668668
669669 SB2160- 19 -LRB104 09722 BDA 19788 b SB2160 - 19 - LRB104 09722 BDA 19788 b
670670 SB2160 - 19 - LRB104 09722 BDA 19788 b
671671 1 pursuant to the issuance of a Nuisance Wildlife Control Permit
672672 2 to:
673673 3 (1) any person who is providing such service or
674674 4 solicits customers for themselves or on behalf of a
675675 5 nuisance wildlife control permit holder for a fee or
676676 6 compensation;
677677 7 (2) a governmental body; or
678678 8 (3) a nonprofit or other charitable organization.
679679 9 The Department shall set forth applicable regulations in
680680 10 an Administrative Order and may require periodic reports
681681 11 listing species taken, numbers of each species taken, dates
682682 12 when taken, and other pertinent information.
683683 13 Any person operating under a Nuisance Wildlife Control
684684 14 Permit who subcontracts the operation of nuisance wildlife
685685 15 control to another shall ensure that such subcontractor
686686 16 possesses a valid Nuisance Wildlife Control Permit issued by
687687 17 the Department. The person must maintain a record of the
688688 18 subcontractor including the subcontractor's name, address, and
689689 19 phone number, and type of work to be performed, for a period of
690690 20 not less than 2 years from the date the subcontractor is no
691691 21 longer performing services on behalf of the person. The
692692 22 records shall be presented to an authorized employee of the
693693 23 Department or law enforcement officer upon request for
694694 24 inspection.
695695 25 Any person operating without the required permit as
696696 26 outlined under this subsection (b) or in violation of this
697697
698698
699699
700700
701701
702702 SB2160 - 19 - LRB104 09722 BDA 19788 b
703703
704704
705705 SB2160- 20 -LRB104 09722 BDA 19788 b SB2160 - 20 - LRB104 09722 BDA 19788 b
706706 SB2160 - 20 - LRB104 09722 BDA 19788 b
707707 1 subsection (b) is deemed to be taking, attempting to take,
708708 2 disturbing, or harassing wildlife contrary to the provisions
709709 3 of this Code, including the taking or attempting to take such
710710 4 species for commercial purposes as outlined in Sections 2.36
711711 5 and 2.36a of this Code. Any devices and equipment, including
712712 6 vehicles, used in violation of this subsection (b) may be
713713 7 subject to the provisions of Section 1.25 of this Code.
714714 8 Any person properly permitted and operating under the
715715 9 provisions of this subsection is exempt from the provisions of
716716 10 this Act except as limited by administrative rule adopted by
717717 11 the Department.
718718 12 (c) The location of traps or snares authorized under this
719719 13 Section, either by the Department or any other governmental
720720 14 body with the authority to control species protected by this
721721 15 Code, shall be exempt from the provisions of the Freedom of
722722 16 Information Act.
723723 17 (d) A drainage district or road district or the designee
724724 18 of a drainage district or road district shall be exempt from
725725 19 the requirement to obtain a permit to control nuisance
726726 20 muskrats or beavers if all applicable provisions for licenses
727727 21 are complied with and any trap types and sizes used are in
728728 22 compliance with this Code, including marking or
729729 23 identification. The designee of a drainage district or road
730730 24 district must have a signed and dated written authorization
731731 25 from the drainage district or road district in possession at
732732 26 all times when conducting activities under this Section. This
733733
734734
735735
736736
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739739
740740
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742742 SB2160 - 21 - LRB104 09722 BDA 19788 b
743743 1 exemption from obtaining a permit shall be valid only upon
744744 2 property owned, leased, or controlled by the drainage district
745745 3 or road district. For the purposes of this Section, "road
746746 4 district" includes a township road district.
747747 5 (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
748748 6 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff.
749749 7 1-1-25.)
750750 8 Section 95. No acceleration or delay. Where this Act makes
751751 9 changes in a statute that is represented in this Act by text
752752 10 that is not yet or no longer in effect (for example, a Section
753753 11 represented by multiple versions), the use of that text does
754754 12 not accelerate or delay the taking effect of (i) the changes
755755 13 made by this Act or (ii) provisions derived from any other
756756 14 Public Act.
757757 SB2160- 22 -LRB104 09722 BDA 19788 b 1 INDEX 2 Statutes amended in order of appearance SB2160- 22 -LRB104 09722 BDA 19788 b SB2160 - 22 - LRB104 09722 BDA 19788 b 1 INDEX 2 Statutes amended in order of appearance
758758 SB2160- 22 -LRB104 09722 BDA 19788 b SB2160 - 22 - LRB104 09722 BDA 19788 b
759759 SB2160 - 22 - LRB104 09722 BDA 19788 b
760760 1 INDEX
761761 2 Statutes amended in order of appearance
762762
763763
764764
765765
766766
767767 SB2160 - 21 - LRB104 09722 BDA 19788 b
768768
769769
770770
771771 SB2160- 22 -LRB104 09722 BDA 19788 b SB2160 - 22 - LRB104 09722 BDA 19788 b
772772 SB2160 - 22 - LRB104 09722 BDA 19788 b
773773 1 INDEX
774774 2 Statutes amended in order of appearance
775775
776776
777777
778778
779779
780780 SB2160 - 22 - LRB104 09722 BDA 19788 b