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
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
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.
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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,
3 represented in the General Assembly:
4 Section 5. The Department of Human Services Act is amended
5 by adding Section 10-64 as follows:
6 (20 ILCS 1305/10-64 new)
7 Sec. 10-64. Grants to food banks for venison. The
8 Department of Human Services shall award grants, in
9 consultation with the Department of Natural Resources and
10 subject to Section 1.29a of the Wildlife Code, to food banks or
11 other entities that provide free food, for the purchase of
12 venison or deer meat from food processors or butchers that
13 have deer donated by hunters for that purpose. The Department
14 of Human Services, in consultation with the Department of
15 Natural Resources, shall adopt rules implementing this
16 Section.
17 Section 10. The State Finance Act is amended by adding
18 Section 5.1030 as follows:
19 (30 ILCS 105/5.1030 new)
20 Sec. 5.1030. The Hunter Food Bank Fund.
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
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.
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A BILL FOR
See Index
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1 Section 15. The Wildlife Code is amended by changing
2 Sections 1.28, 2.25, 2.26, and 2.37 and by adding Section
3 1.29a as follows:
4 (520 ILCS 5/1.28) (from Ch. 61, par. 1.28)
5 Sec. 1.28. Fees and fines; deposit in funds. All fees,
6 fines, including bond forfeitures, income of whatsoever kind
7 or nature derived from hunting and fishing activities on lands
8 or waters or both under the jurisdiction or control of the
9 Department, and all penalties collected under this Act shall
10 be deposited in the State Treasury and shall be set apart in a
11 special fund to be known as the "Wildlife and Fish Fund";
12 except that fees derived solely from the sale of salmon
13 stamps, income from art contests for the salmon stamp,
14 including income from the sale of reprints, and gifts,
15 donations, grants and bequests of money for the conservation
16 and propagation of salmon shall be deposited in the State
17 Treasury and set apart in the special fund to be known as the
18 "Salmon Fund"; and except that fees derived solely from the
19 sale of state migratory waterfowl stamps, and gifts,
20 donations, grants and bequests of money for the conservation
21 and propagation of waterfowl shall be deposited in the special
22 fund to be known as the "State Migratory Waterfowl Stamp
23 Fund"; and except that, fees derived solely from the sale of
24 hunter food bank stamps, and gifts, donations, grants, and
25 bequests of money for the purpose of having hunters help end
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1 hunger in Illinois shall be deposited in the Hunter Food Bank
2 Fund; and except that, of fees derived solely from the sale of
3 State Habitat Stamps, 64% shall be deposited into the Illinois
4 Habitat Fund, 30% into the State Pheasant Fund, and 6% into the
5 State Furbearer Fund. Income generated from the sale of
6 artwork associated with the State Habitat Stamps shall be
7 deposited into the Illinois Habitat Fund. All interest that
8 accrues from monies deposited into the Wildlife and Fish Fund,
9 the Salmon Fund, the State Migratory Waterfowl Stamp Fund, the
10 State Furbearer Fund, the State Pheasant Fund, and the
11 Illinois Habitat Fund shall be deposited into those funds,
12 respectively. Appropriations from the "Wildlife and Fish Fund"
13 shall be made only to the Department for the carrying out of
14 the powers and functions vested by law in the Department for
15 the administration and management of fish and wildlife
16 resources of this State for such activities as the purchase of
17 land for fish hatcheries, wildlife refuges, preserves and
18 public shooting and fishing grounds; the purchase and
19 distribution of wild birds, the eggs of wild birds, and wild
20 mammals for rescuing, restoring and distributing fish; the
21 maintenance of wildlife refuges, or preserves, public shooting
22 grounds, public fishing grounds and fish hatcheries; and the
23 feeding and care of wild birds, wild animals and fish.
24 (Source: P.A. 95-853, eff. 8-18-08.)
25 (520 ILCS 5/1.29a new)
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1 Sec. 1.29a. Hunter Food Bank Stamp; Hunter Food Bank Fund.
2 (a) The Department of Natural Resources shall ensure that
3 an optional Hunter Food Bank Stamp is offered to all persons
4 and at all locations where deer hunting permits or licenses
5 are sold or given under this Code. Each applicant for a Hunter
6 Food Bank Stamp shall pay a fee of $10 and shall receive a
7 Stamp. All revenue from the sale of Hunter Food Bank Stamps
8 shall be deposited into the Hunter Food Bank Fund. The
9 Department of Natural Resources shall design the Stamp to
10 reflect that the purpose of the Stamp to have hunters help end
11 hunger in Illinois. The Department of Natural Resources shall
12 publicize and advertise the Hunter Food Bank Stamp for the
13 purpose of having hunters help end hunger in Illinois. The
14 Department of Natural Resources, in consultation with the
15 Department of Human Services, shall adopt rules implementing
16 this Section.
17 (b) There is hereby created as a special fund in the State
18 treasury the Hunter Food Bank Fund. All fees collected from
19 the sale of Hunter Food Bank Stamps, and gifts, donations,
20 grants, and bequests of money for the purpose of having
21 hunters help end hunger in Illinois shall be deposited in this
22 Fund. These moneys shall be appropriated to the Department of
23 Human Services for the purposes detailed in Section 10-64 of
24 the Department of Human Services Act and for no other
25 purposes.
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1 (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
2 Sec. 2.25. It shall be unlawful for any person to take deer
3 except (i) with a shotgun, handgun, single shot centerfire
4 rifle, or muzzleloading rifle or (ii) as provided by
5 administrative rule, with a bow and arrow, during the open
6 season of not more than 14 days which will be set annually by
7 the Director between the dates of November 1st and December
8 31st, both inclusive, or a special 3-day, youth-only season
9 between the dates of September 1 and October 31. For the
10 purposes of this Section, legal handguns and rifles are
11 limited to centerfire handguns that are either a single shot
12 or revolver and centerfire rifles that are single shot. The
13 only legal ammunition for a centerfire handgun or rifle is a
14 bottleneck centerfire cartridge of .30 caliber or larger with
15 a case length not exceeding one and two-fifths inches, or a
16 straight-walled centerfire cartridge of .30 caliber or larger,
17 both of which must be available as a factory load with the
18 published ballistic tables of the manufacturer showing a
19 capability of at least 500 foot pounds of energy at the muzzle.
20 The barrel of a handgun shall be at least 4 inches. Full metal
21 jacket bullets may not be used to harvest deer.
22 The Department shall make administrative rules concerning
23 management restrictions applicable to the firearm and bow and
24 arrow season.
25 It shall be unlawful for any person to take deer except
26 with a bow and arrow during the open season for bow and arrow
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1 set annually by the Director between the dates of September
2 1st and January 31st, both inclusive.
3 It shall be unlawful for any person to take deer except
4 with (i) a muzzleloading rifle or (ii) bow and arrow during the
5 open season for muzzleloading rifles set annually by the
6 Director.
7 The Director shall cause an administrative rule setting
8 forth the prescribed rules and regulations, including bag and
9 possession limits and those counties of the State where open
10 seasons are established, to be published in accordance with
11 Sections 1.3 and 1.13 of this Act.
12 The Department may establish separate harvest periods for
13 the purpose of managing or eradicating disease that has been
14 found in the deer herd. This season shall be restricted to gun
15 or bow and arrow hunting only. The Department shall publicly
16 announce, via statewide news release, the season dates and
17 shooting hours, the counties and sites open to hunting.
18 The Department is authorized to establish a separate
19 harvest period at specific sites within the State for the
20 purpose of harvesting surplus deer that cannot be taken during
21 the regular season provided for the taking of deer. This
22 season shall be restricted to gun or bow and arrow hunting only
23 and shall be established during the period of September 1st to
24 February 15th, both inclusive. The Department shall publicly
25 announce, via statewide news release, the season dates and
26 shooting hours, and the counties and sites open to hunting. In
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1 determining counties and sites open to hunting within this
2 separate harvest period, the Department shall adopt rules that
3 will cause the counties and sites selected by the Department
4 to be open for hunting during this special harvest period if
5 more than 5 deer removal permit requests are made in that
6 county under subsection (a) of Section 2.37 during the year
7 immediately preceding the beginning of the special harvest
8 period. The Department shall publish suitable prescribed rules
9 and regulations established by administrative rule pertaining
10 to management restrictions applicable to this special harvest
11 program. The Department shall allow unused gun deer permits
12 that are left over from a regular season for the taking of deer
13 to be rolled over and used during any separate harvest period
14 held within 6 months of the season for which those tags were
15 issued at no additional cost to the permit holder subject to
16 the management restrictions applicable to the special harvest
17 program. At the request of any individual defined under
18 paragraph (1), (2), or (3) of subsection (b) of Section 3.1-6
19 whose land is not otherwise within any county or site open to
20 hunting within the separate harvest period, the Department
21 shall transfer to that individual an unused firearm deer
22 permit from the regular season for the taking of deer to be
23 used during the separate harvest period to hunt upon the
24 individual's land only and for the taking of antlerless deer
25 only, and that transferred permit shall be transferable in the
26 same manner as permits under Section 3.1-6.
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1 Beginning July 1, 2019, and on an annual basis thereafter,
2 the Department shall provide a report to the General Assembly
3 providing information regarding deer management programs
4 established by the Code or by administrative rule that
5 includes: (1) the number of surplus deer taken during each
6 separate harvest season; (2) the number of deer found to have a
7 communicable disease or other abnormality; and (3) what
8 happens to the deer taken during each separate harvest season.
9 (Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22;
10 102-932, eff. 1-1-23.)
11 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
12 Sec. 2.26. Deer hunting permits. Any person attempting to
13 take deer shall first obtain a "Deer Hunting Permit" issued by
14 the Department in accordance with its administrative rules.
15 Those rules must provide for the issuance of the following
16 types of resident deer archery permits: (i) a combination
17 permit, consisting of one either-sex permit and one
18 antlerless-only permit, (ii) a single antlerless-only permit,
19 and (iii) a single either-sex permit. The fee for a Deer
20 Hunting Permit to take deer with either bow and arrow or gun
21 shall not exceed $25 for residents of the State. The
22 Department may by administrative rule provide for non-resident
23 deer hunting permits for which the fee will not exceed $300 in
24 2005, $350 in 2006, and $400 in 2007 and thereafter except as
25 provided below for non-resident landowners and non-resident
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1 archery hunters. The Department may by administrative rule
2 provide for a non-resident archery deer permit consisting of
3 not more than 2 harvest tags at a total cost not to exceed $325
4 in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
5 fees for a youth resident and non-resident archery deer permit
6 shall be the same.
7 The Department shall create a pilot program during the
8 special 3-day, youth-only deer hunting season to allow for
9 youth deer hunting permits that are valid statewide, excluding
10 those counties or portions of counties closed to firearm deer
11 hunting. The Department shall adopt rules to implement the
12 pilot program. Nothing in this paragraph shall be construed to
13 prohibit the Department from issuing Special Hunt Area Permits
14 for the youth-only deer hunting season or establishing,
15 through administrative rule, additional requirements
16 pertaining to the youth-only deer hunting season on
17 Department-owned or Department-managed sites, including
18 site-specific quotas or drawings. The provisions of this
19 paragraph are inoperative on and after January 1, 2023.
20 The standards and specifications for use of guns and bow
21 and arrow for deer hunting shall be established by
22 administrative rule.
23 No person may have in his or her possession any firearm not
24 authorized by administrative rule for a specific hunting
25 season when taking deer unless in accordance with the Firearm
26 Concealed Carry Act.
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1 Persons having a firearm deer hunting permit shall be
2 permitted to take deer only during the period from 1/2 hour
3 before sunrise to 1/2 hour after sunset, and only during those
4 days for which an open season is established for the taking of
5 deer by use of shotgun, handgun, rifle, or muzzle loading
6 rifle.
7 Persons having an archery deer hunting permit shall be
8 permitted to take deer only during the period from 1/2 hour
9 before sunrise to 1/2 hour after sunset, and only during those
10 days for which an open season is established for the taking of
11 deer by use of bow and arrow.
12 It shall be unlawful for any person to take deer by use of
13 dogs, horses, automobiles, aircraft, or other vehicles, or by
14 the use or aid of bait or baiting of any kind. For the purposes
15 of this Section, "bait" means any material, whether liquid or
16 solid, including food, salt, minerals, and other products,
17 except pure water, that can be ingested, placed, or scattered
18 in such a manner as to attract or lure white-tailed deer.
19 "Baiting" means the placement or scattering of bait to attract
20 deer. An area is considered as baited during the presence of
21 and for 10 consecutive days following the removal of bait.
22 Nothing in this Section shall prohibit the use of a dog to
23 track wounded deer. Any person using a dog for tracking
24 wounded deer must maintain physical control of the dog at all
25 times by means of a maximum 50-foot 50 foot lead attached to
26 the dog's collar or harness. Tracking wounded deer is
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1 permissible at night, but at no time outside of legal deer
2 hunting hours or seasons shall any person handling or
3 accompanying a dog being used for tracking wounded deer be in
4 possession of any firearm or archery device. Persons tracking
5 wounded deer with a dog during the firearm deer seasons shall
6 wear blaze orange or solid blaze pink color as required. Dog
7 handlers tracking wounded deer with a dog are exempt from
8 hunting license and deer permit requirements so long as they
9 are accompanied by the licensed deer hunter who wounded the
10 deer.
11 It shall be unlawful to possess or transport any wild deer
12 which has been injured or killed in any manner upon a public
13 highway or public right-of-way of this State unless exempted
14 by administrative rule.
15 Persons hunting deer must have the gun unloaded and no bow
16 and arrow device shall be carried with the arrow in the nocked
17 position during hours when deer hunting is unlawful.
18 It shall be unlawful for any person, having taken the
19 legal limit of deer by gun, to further participate with a gun
20 in any deer hunting party, except when filling antlerless tags
21 or using an either-sex permit to take an antlerless deer.
22 It shall be unlawful for any person, having taken the
23 legal limit of deer by bow and arrow, to further participate
24 with bow and arrow in any deer hunting party, except when
25 filling antlerless tags or using an either-sex permit to take
26 an antlerless deer.
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1 The Department may prohibit upland game hunting during the
2 gun deer season by administrative rule.
3 The Department shall not limit the number of non-resident,
4 either-sex archery deer hunting permits to less than 20,000.
5 Any person who violates any of the provisions of this
6 Section, including administrative rules, shall be guilty of a
7 Class B misdemeanor.
8 For the purposes of calculating acreage under this
9 Section, the Department shall, after determining the total
10 acreage of the applicable tract or tracts of land, round
11 remaining fractional portions of an acre greater than or equal
12 to half of an acre up to the next whole acre.
13 For the purposes of taking white-tailed deer, nothing in
14 this Section shall be construed to prevent the manipulation,
15 including mowing or cutting, of standing crops as a normal
16 agricultural or soil stabilization practice, food plots, or
17 normal agricultural practices, including planting, harvesting,
18 and maintenance such as cultivating or the use of products
19 designed for scent only and not capable of ingestion, solid or
20 liquid, placed or scattered, in such a manner as to attract or
21 lure deer. Such manipulation for the purpose of taking
22 white-tailed deer may be further modified by administrative
23 rule.
24 (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
25 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
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1 (520 ILCS 5/2.37) (from Ch. 61, par. 2.37)
2 (Text of Section before amendment by P.A. 103-611)
3 Sec. 2.37. Authority to kill wildlife responsible for
4 damage.
5 (a) Subject to federal regulations and Section 3 of the
6 Illinois Endangered Species Protection Act, the Department may
7 authorize owners and tenants of lands or their agents, who are
8 performing the service without fee or compensation, to remove
9 or destroy any wild bird or wild mammal when the wild bird or
10 wild mammal is known to be destroying property or causing a
11 risk to human health or safety upon his or her land.
12 Upon receipt by the Department of information from the
13 owner, tenant, or sharecropper that any one or more species of
14 wildlife is damaging dams, levees, ditches, cattle pastures,
15 or other property on the land on which he resides or controls,
16 together with a statement regarding location of the property
17 damages, the nature and extent of the damage, and the
18 particular species of wildlife committing the damage, the
19 Department shall make an investigation.
20 If, after investigation, the Department finds that damage
21 does exist and can be abated only by removing or destroying
22 that wildlife, a permit shall be issued by the Department to
23 remove or destroy the species responsible for causing the
24 damage.
25 A permit to control the damage shall be for a period of up
26 to 90 days, shall specify the means and methods by which and
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1 the person or persons by whom the wildlife may be removed or
2 destroyed, without fee or compensation, and shall set forth
3 the disposition procedure to be made of all wildlife taken and
4 other restrictions the Director considers necessary and
5 appropriate in the circumstances of the particular case.
6 Whenever possible, the specimens destroyed shall be given to a
7 bona fide public or State scientific, educational, or
8 zoological institution.
9 The permittee shall advise the Department in writing,
10 within 10 days after the expiration date of the permit, of the
11 number of individual species of wildlife taken, disposition
12 made of them, and any other information which the Department
13 may consider necessary.
14 (b) Subject to federal regulations and Section 3 of the
15 Illinois Endangered Species Protection Act, the Department may
16 grant the authority to control species protected by this Code
17 pursuant to the issuance of a Nuisance Wildlife Control Permit
18 to:
19 (1) any person who is providing such service for a fee
20 or compensation;
21 (2) a governmental body; or
22 (3) a nonprofit or other charitable organization.
23 The Department shall set forth applicable regulations in
24 an Administrative Order and may require periodic reports
25 listing species taken, numbers of each species taken, dates
26 when taken, and other pertinent information.
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1 Any person operating under a Nuisance Wildlife Control
2 Permit who subcontracts the operation of nuisance wildlife
3 control to another shall ensure that such subcontractor
4 possesses a valid Nuisance Wildlife Control Permit issued by
5 the Department. The person must maintain a record of the
6 subcontractor including the subcontractor's name, address, and
7 phone number, and type of work to be performed, for a period of
8 not less than 2 years from the date the subcontractor is no
9 longer performing services on behalf of the person. The
10 records shall be presented to an authorized employee of the
11 Department or law enforcement officer upon request for
12 inspection.
13 Any person operating without the required permit as
14 outlined under this subsection (b) or in violation of this
15 subsection (b) is deemed to be taking, attempting to take,
16 disturbing, or harassing wildlife contrary to the provisions
17 of this Code, including the taking or attempting to take such
18 species for commercial purposes as outlined in Sections 2.36
19 and 2.36a of this Code. Any devices and equipment, including
20 vehicles, used in violation of this subsection (b) may be
21 subject to the provisions of Section 1.25 of this Code.
22 (c) The location of traps or snares authorized under this
23 Section, either by the Department or any other governmental
24 body with the authority to control species protected by this
25 Code, shall be exempt from the provisions of the Freedom of
26 Information Act.
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1 (d) A drainage district or road district or the designee
2 of a drainage district or road district shall be exempt from
3 the requirement to obtain a permit to control nuisance
4 muskrats or beavers if all applicable provisions for licenses
5 are complied with and any trap types and sizes used are in
6 compliance with this Code, including marking or
7 identification. The designee of a drainage district or road
8 district must have a signed and dated written authorization
9 from the drainage district or road district in possession at
10 all times when conducting activities under this Section. This
11 exemption from obtaining a permit shall be valid only upon
12 property owned, leased, or controlled by the drainage district
13 or road district. For the purposes of this Section, "road
14 district" includes a township road district.
15 (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
16 103-225, eff. 6-30-23; 103-605, eff. 7-1-24.)
17 (Text of Section after amendment by P.A. 103-611)
18 Sec. 2.37. Authority to kill wildlife responsible for
19 damage.
20 (a) Subject to federal regulations and Section 3 of the
21 Illinois Endangered Species Protection Act, the Department may
22 authorize owners and tenants of lands or their agents, who are
23 performing the service without fee or compensation, to remove
24 or destroy any wild bird or wild mammal when the wild bird or
25 wild mammal is known to be destroying property or causing a
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1 risk to human health or safety upon his or her land.
2 Upon receipt by the Department of information from the
3 owner, tenant, or sharecropper that any one or more species of
4 wildlife is damaging dams, levees, ditches, cattle pastures,
5 or other property on the land on which he resides or controls,
6 together with a statement regarding location of the property
7 damages, the nature and extent of the damage, and the
8 particular species of wildlife committing the damage, the
9 Department shall make an investigation.
10 If, after investigation, the Department finds that damage
11 does exist and can be abated only by removing or destroying
12 that wildlife, a permit shall be issued by the Department to
13 remove or destroy the species responsible for causing the
14 damage.
15 A permit to control the damage shall be for a period of up
16 to 90 days, except as provided in subsection (a-5), shall
17 specify the means and methods by which and the person or
18 persons by whom the wildlife may be removed or destroyed,
19 without fee or compensation, and shall set forth the
20 disposition procedure to be made of all wildlife taken and
21 other restrictions the Director considers necessary and
22 appropriate in the circumstances of the particular case.
23 Whenever possible, the specimens destroyed shall be given to a
24 bona fide public or State scientific, educational, or
25 zoological institution.
26 The permittee shall advise the Department in writing,
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1 within 10 days after the expiration date of the permit, of the
2 number of individual species of wildlife taken, disposition
3 made of them, and any other information which the Department
4 may consider necessary.
5 (a-5) The holder of a deer removal permit issued by the
6 Department under subsection (a) of this Section may transfer
7 the permit to any individual who is at least 18 years of age
8 and holds a certificate of competency issued by the Department
9 for successfully completing a hunter safety course authorized
10 by the Department. The Department shall make publicly
11 available on its website applications for deer removal permits
12 to be issued under subsection (a) and instructions on how to
13 apply for those permits. The Department shall acknowledge
14 receipt of each application for a deer removal permit within
15 one business day after its receipt and shall complete any
16 investigation required under subsection (a) and issue or deny
17 the requested deer removal permit within 5 business days after
18 receipt of the application. In the event of failure to deny an
19 application for a deer removal permit within 5 business days
20 after receipt of the application, the application shall be
21 deemed approved. A deer removal permit issued by the
22 Department under subsection (a) is valid from the date of its
23 issuance until December 31 of the same calendar year.
24 (b) Subject to federal regulations and Section 3 of the
25 Illinois Endangered Species Protection Act, the Department may
26 grant the authority to control species protected by this Code
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1 pursuant to the issuance of a Nuisance Wildlife Control Permit
2 to:
3 (1) any person who is providing such service or
4 solicits customers for themselves or on behalf of a
5 nuisance wildlife control permit holder for a fee or
6 compensation;
7 (2) a governmental body; or
8 (3) a nonprofit or other charitable organization.
9 The Department shall set forth applicable regulations in
10 an Administrative Order and may require periodic reports
11 listing species taken, numbers of each species taken, dates
12 when taken, and other pertinent information.
13 Any person operating under a Nuisance Wildlife Control
14 Permit who subcontracts the operation of nuisance wildlife
15 control to another shall ensure that such subcontractor
16 possesses a valid Nuisance Wildlife Control Permit issued by
17 the Department. The person must maintain a record of the
18 subcontractor including the subcontractor's name, address, and
19 phone number, and type of work to be performed, for a period of
20 not less than 2 years from the date the subcontractor is no
21 longer performing services on behalf of the person. The
22 records shall be presented to an authorized employee of the
23 Department or law enforcement officer upon request for
24 inspection.
25 Any person operating without the required permit as
26 outlined under this subsection (b) or in violation of this
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1 subsection (b) is deemed to be taking, attempting to take,
2 disturbing, or harassing wildlife contrary to the provisions
3 of this Code, including the taking or attempting to take such
4 species for commercial purposes as outlined in Sections 2.36
5 and 2.36a of this Code. Any devices and equipment, including
6 vehicles, used in violation of this subsection (b) may be
7 subject to the provisions of Section 1.25 of this Code.
8 Any person properly permitted and operating under the
9 provisions of this subsection is exempt from the provisions of
10 this Act except as limited by administrative rule adopted by
11 the Department.
12 (c) The location of traps or snares authorized under this
13 Section, either by the Department or any other governmental
14 body with the authority to control species protected by this
15 Code, shall be exempt from the provisions of the Freedom of
16 Information Act.
17 (d) A drainage district or road district or the designee
18 of a drainage district or road district shall be exempt from
19 the requirement to obtain a permit to control nuisance
20 muskrats or beavers if all applicable provisions for licenses
21 are complied with and any trap types and sizes used are in
22 compliance with this Code, including marking or
23 identification. The designee of a drainage district or road
24 district must have a signed and dated written authorization
25 from the drainage district or road district in possession at
26 all times when conducting activities under this Section. This
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1 exemption from obtaining a permit shall be valid only upon
2 property owned, leased, or controlled by the drainage district
3 or road district. For the purposes of this Section, "road
4 district" includes a township road district.
5 (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
6 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff.
7 1-1-25.)
8 Section 95. No acceleration or delay. Where this Act makes
9 changes in a statute that is represented in this Act by text
10 that is not yet or no longer in effect (for example, a Section
11 represented by multiple versions), the use of that text does
12 not accelerate or delay the taking effect of (i) the changes
13 made by this Act or (ii) provisions derived from any other
14 Public Act.
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1 INDEX
2 Statutes amended in order of appearance
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1 INDEX
2 Statutes amended in order of appearance
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