Agriculture & Conservation Committee
Filed: 3/6/2007
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1 | AMENDMENT TO HOUSE BILL 297
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2 | AMENDMENT NO. ______. Amend House Bill 297 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Wildlife Code is amended by changing | ||||||
5 | Sections 2.30, 2.33, 2.36, 3.5, 3.25, 3.33, and 3.35 and by | ||||||
6 | adding Sections 1.2y, 1.2z, and 3.26 as follows: | ||||||
7 | (520 ILCS 5/1.2y new) | ||||||
8 | Sec. 1.2y. "Hound running" means pursuing any fox, coyote, | ||||||
9 | raccoon, or rabbit with a hound. | ||||||
10 | (520 ILCS 5/1.2z new)
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11 | Sec. 1.2z. "Authorized species" means any fox, coyote, | ||||||
12 | raccoon, or rabbit associated with a hound running area.
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13 | (520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
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14 | Sec. 2.30. It shall be unlawful for any person to trap or |
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1 | to hunt
with gun, dog, dog and gun, or bow and arrow, gray fox, | ||||||
2 | red fox,
raccoon, weasel, mink, muskrat, badger, and opossum | ||||||
3 | except during
the open season which will be set annually by the | ||||||
4 | Director between 12:01
a.m., November 1 to 12:00 midnight, | ||||||
5 | February 15, both inclusive.
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6 | It is unlawful for any person to take bobcat or river otter
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7 | in this State at any time.
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8 | It is unlawful to pursue any fur-bearing mammal with a dog | ||||||
9 | or dogs
between the hours of sunset and sunrise during the 10 | ||||||
10 | day period
preceding the opening date of the raccoon hunting | ||||||
11 | season and the 10 day
period following the closing date of the | ||||||
12 | raccoon hunting season except
that the Department may issue | ||||||
13 | field trial permits in accordance with Section
2.34 of this | ||||||
14 | Act. A non-resident from a state with more restrictive
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15 | fur-bearer pursuit regulations for any particular species than | ||||||
16 | provided for
that species in this Act may not pursue that | ||||||
17 | species in Illinois except
during the period of time that | ||||||
18 | Illinois residents are allowed to pursue
that species in the | ||||||
19 | non-resident's state of residence. Hound running areas
Fenced | ||||||
20 | fox hound
training enclosures approved by the Department shall | ||||||
21 | be exempt from the
provisions of this Section.
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22 | It shall be unlawful to take beaver, weasel, mink or | ||||||
23 | muskrat except during
the open season set annually by the | ||||||
24 | Director, and then, only with traps.
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25 | It shall be unlawful for any person to trap beaver with | ||||||
26 | traps except during
the open season which will be set annually |
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1 | by the Director between 12:01
a.m., November 1st and 12:00 | ||||||
2 | midnight, March 31.
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3 | Coyote may be taken by trapping methods only during the | ||||||
4 | period from
September 1 to March 1, both inclusive, and by | ||||||
5 | hunting methods at any time.
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6 | Striped skunk may be taken by trapping methods only during | ||||||
7 | the period
from September 1 to March 1, both inclusive, and by | ||||||
8 | hunting methods at
any time.
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9 | For the purpose of taking fur-bearing mammals, the State | ||||||
10 | may be
divided into management zones by administrative rule.
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11 | The provisions of this Section are subject to modification | ||||||
12 | by
administrative rule.
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13 | (Source: P.A. 89-341, eff. 8-17-95.)
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14 | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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15 | Sec. 2.33. Prohibitions.
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16 | (a) It is unlawful to carry or possess any gun in any
State | ||||||
17 | refuge unless otherwise permitted by administrative rule.
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18 | (b) It is unlawful to use or possess any snare or | ||||||
19 | snare-like device,
deadfall, net, or pit trap to take any | ||||||
20 | species, except that snares not
powered by springs or other | ||||||
21 | mechanical devices may be used to trap
fur-bearing mammals, in | ||||||
22 | water sets only, if at least one-half of the snare
noose is | ||||||
23 | located underwater at all times.
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24 | (c) It is unlawful for any person at any time to take a | ||||||
25 | wild mammal
protected by this Act from its den by means of any |
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1 | mechanical device,
spade, or digging device or to use smoke or | ||||||
2 | other gases to dislodge or
remove such mammal except as | ||||||
3 | provided in Section 2.37.
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4 | (d) It is unlawful to use a ferret or any other small | ||||||
5 | mammal which is
used in the same or similar manner for which | ||||||
6 | ferrets are used for the
purpose of frightening or driving any | ||||||
7 | mammals from their dens or hiding places.
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8 | (e) (Blank).
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9 | (f) It is unlawful to use spears, gigs, hooks or any like | ||||||
10 | device to
take any species protected by this Act.
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11 | (g) It is unlawful to use poisons, chemicals or explosives | ||||||
12 | for the
purpose of taking any species protected by this Act.
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13 | (h) It is unlawful to hunt adjacent to or near any peat, | ||||||
14 | grass,
brush or other inflammable substance when it is burning.
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15 | (i) It is unlawful to take, pursue or intentionally harass | ||||||
16 | or disturb
in any manner any wild birds or mammals by use or | ||||||
17 | aid of any vehicle or
conveyance, except as permitted by the | ||||||
18 | Code of Federal Regulations for the
taking of waterfowl. It is | ||||||
19 | also unlawful to use the lights of any vehicle
or conveyance or | ||||||
20 | any light from or any light connected to the
vehicle or | ||||||
21 | conveyance in any area where wildlife may be found except in
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22 | accordance with Section 2.37 of this Act; however, nothing in | ||||||
23 | this
Section shall prohibit the normal use of headlamps for the | ||||||
24 | purpose of driving
upon a roadway. Striped skunk, opossum, red | ||||||
25 | fox, gray
fox, raccoon and coyote may be taken during the open | ||||||
26 | season by use of a small
light which is worn on the body or |
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1 | hand-held by a person on foot and not in any
vehicle.
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2 | (j) It is unlawful to use any shotgun larger than 10 gauge | ||||||
3 | while
taking or attempting to take any of the species protected | ||||||
4 | by this Act.
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5 | (k) It is unlawful to use or possess in the field any | ||||||
6 | shotgun shell loaded
with a shot size larger than lead BB or | ||||||
7 | steel T (.20 diameter) when taking or
attempting to take any | ||||||
8 | species of wild game mammals (excluding white-tailed
deer), | ||||||
9 | wild game birds, migratory waterfowl or migratory game birds | ||||||
10 | protected
by this Act, except white-tailed deer as provided for | ||||||
11 | in Section 2.26 and other
species as provided for by subsection | ||||||
12 | (l) or administrative rule.
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13 | (l) It is unlawful to take any species of wild game, except
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14 | white-tailed deer, with a shotgun loaded with slugs unless | ||||||
15 | otherwise
provided for by administrative rule.
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16 | (m) It is unlawful to use any shotgun capable of holding | ||||||
17 | more than 3
shells in the magazine or chamber combined, except | ||||||
18 | on game breeding and
hunting preserve areas licensed under | ||||||
19 | Section 3.27 and except as permitted by
the Code of Federal | ||||||
20 | Regulations for the taking of waterfowl. If the shotgun
is | ||||||
21 | capable of holding more than 3 shells, it shall, while being | ||||||
22 | used on an
area other than a game breeding and shooting | ||||||
23 | preserve area licensed
pursuant to Section 3.27, be fitted with | ||||||
24 | a one piece plug that is
irremovable without dismantling the | ||||||
25 | shotgun or otherwise altered to
render it incapable of holding | ||||||
26 | more than 3 shells in the magazine and
chamber, combined.
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1 | (n) It is unlawful for any person, except persons who | ||||||
2 | possess a permit to
hunt from a vehicle as provided in this | ||||||
3 | Section and persons otherwise permitted
by law, to have or | ||||||
4 | carry any gun in or on any vehicle, conveyance or aircraft,
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5 | unless such gun is unloaded and enclosed in a case, except that | ||||||
6 | at field trials
authorized by Section 2.34 of this Act, | ||||||
7 | unloaded guns or guns loaded with blank
cartridges only, may be | ||||||
8 | carried on horseback while not contained in a case, or
to have | ||||||
9 | or carry any bow or arrow device in or on any vehicle unless | ||||||
10 | such bow
or arrow device is unstrung or enclosed in a case, or | ||||||
11 | otherwise made
inoperable.
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12 | (o) It is unlawful to use any crossbow for the purpose of | ||||||
13 | taking any
wild birds or mammals, except as provided for in | ||||||
14 | Section 2.33.
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15 | (p) It is unlawful to take game birds, migratory game birds | ||||||
16 | or
migratory waterfowl with a rifle, pistol, revolver or | ||||||
17 | airgun.
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18 | (q) It is unlawful to fire a rifle, pistol, revolver or | ||||||
19 | airgun on,
over or into any waters of this State, including | ||||||
20 | frozen waters.
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21 | (r) It is unlawful to discharge any gun or bow and arrow | ||||||
22 | device
along, upon, across, or from any public right-of-way or | ||||||
23 | highway in this State.
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24 | (s) It is unlawful to use a silencer or other device to | ||||||
25 | muffle or
mute the sound of the explosion or report resulting | ||||||
26 | from the firing of
any gun.
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1 | (t) It is unlawful for any person to trap or hunt, or | ||||||
2 | intentionally or wantonly allow a dog to
hunt, within or upon | ||||||
3 | the land of another, or upon waters flowing over or
standing on | ||||||
4 | the land of another, without first obtaining permission from
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5 | the owner or tenant. It shall be prima facie evidence that a | ||||||
6 | person does
not have permission of the owner or tenant if the | ||||||
7 | person is unable to
demonstrate to the law enforcement officer | ||||||
8 | in the field that permission had
been obtained. This provision | ||||||
9 | may only be rebutted by testimony of the
owner or tenant that | ||||||
10 | permission had been given. Before enforcing this
Section the | ||||||
11 | law enforcement officer must have received notice from the
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12 | owner or tenant of a violation of this Section. Statements made | ||||||
13 | to the
law enforcement officer regarding this notice shall not | ||||||
14 | be rendered
inadmissible by the hearsay rule when offered for | ||||||
15 | the purpose of showing the
required notice.
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16 | (u) It is unlawful for any person to discharge any firearm | ||||||
17 | for the purpose
of taking any of the species protected by this | ||||||
18 | Act, or hunt with gun or
dog, or intentionally or wantonly | ||||||
19 | allow a dog to hunt, within 300 yards of an inhabited dwelling | ||||||
20 | without
first obtaining permission from the owner or tenant, | ||||||
21 | except that while
trapping, hunting with bow and arrow, hunting | ||||||
22 | with dog and shotgun using shot
shells only, or hunting with | ||||||
23 | shotgun using shot shells only, or
on licensed game breeding | ||||||
24 | and hunting preserve areas, as defined in Section
3.27, on | ||||||
25 | property operated under a Migratory Waterfowl Hunting Area | ||||||
26 | Permit, on
federally owned and managed lands and on Department |
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1 | owned, managed, leased or
controlled lands, a 100 yard | ||||||
2 | restriction shall apply.
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3 | (v) It is unlawful for any person to remove fur-bearing | ||||||
4 | mammals from, or
to move or disturb in any manner, the traps | ||||||
5 | owned by another person without
written authorization of the | ||||||
6 | owner to do so.
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7 | (w) It is unlawful for any owner of a dog to knowingly or | ||||||
8 | wantonly allow
his or her dog to pursue, harass or kill deer, | ||||||
9 | except that nothing in this Section shall prohibit the tracking | ||||||
10 | of wounded deer with a dog in accordance with the provisions of | ||||||
11 | Section 2.26 of this Code.
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12 | (x) It is unlawful for any person to wantonly or carelessly | ||||||
13 | injure
or destroy, in any manner whatsoever, any real or | ||||||
14 | personal property on
the land of another while engaged in | ||||||
15 | hunting or trapping thereon.
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16 | (y) It is unlawful to hunt wild game protected by this Act | ||||||
17 | between one
half hour after sunset and one half hour before | ||||||
18 | sunrise, except that
hunting hours between one half hour after | ||||||
19 | sunset and one half hour
before sunrise may be established by | ||||||
20 | administrative rule for fur-bearing
mammals.
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21 | (z) It is unlawful to take any game bird (excluding wild | ||||||
22 | turkeys and
crippled pheasants not capable of normal flight and | ||||||
23 | otherwise irretrievable)
protected by this Act when not flying. | ||||||
24 | Nothing in this Section shall prohibit
a person from carrying | ||||||
25 | an uncased, unloaded shotgun in a boat, while in pursuit
of a | ||||||
26 | crippled migratory waterfowl that is incapable of normal |
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1 | flight, for the
purpose of attempting to reduce the migratory | ||||||
2 | waterfowl to possession, provided
that the attempt is made | ||||||
3 | immediately upon downing the migratory waterfowl and
is done | ||||||
4 | within 400 yards of the blind from which the migratory | ||||||
5 | waterfowl was
downed. This exception shall apply only to | ||||||
6 | migratory game birds that are not
capable of normal flight. | ||||||
7 | Migratory waterfowl that are crippled may be taken
only with a | ||||||
8 | shotgun as regulated by subsection (j) of this Section using
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9 | shotgun shells as regulated in subsection (k) of this Section.
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10 | (aa) It is unlawful to use or possess any device that may | ||||||
11 | be used for
tree climbing or cutting, while hunting fur-bearing | ||||||
12 | mammals.
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13 | (bb) It is unlawful for any person, except licensed game | ||||||
14 | breeders,
pursuant to Section 2.29 to import, carry into, or | ||||||
15 | possess alive in this
State any species of wildlife taken | ||||||
16 | outside of this State, without
obtaining permission to do so | ||||||
17 | from the Director.
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18 | (cc) It is unlawful for any person to have in his or her
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19 | possession any freshly killed species protected by this Act | ||||||
20 | during the season
closed for taking.
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21 | (dd) It is unlawful to take any species protected by this | ||||||
22 | Act and retain
it alive except as provided by administrative | ||||||
23 | rule .
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24 | (ee) It is unlawful to possess any rifle while in the field | ||||||
25 | during gun
deer season except as provided in Section 2.26 and | ||||||
26 | administrative rules.
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1 | (ff) It is unlawful for any person to take any species | ||||||
2 | protected by
this Act, except migratory waterfowl, during the | ||||||
3 | gun deer hunting season in
those counties open to gun deer | ||||||
4 | hunting, unless he or she wears, when in
the field, a cap and | ||||||
5 | upper outer garment of a solid blaze orange color, with
such | ||||||
6 | articles of clothing displaying a minimum of 400 square inches | ||||||
7 | of
blaze orange material.
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8 | (gg) It is unlawful during the upland game season for any | ||||||
9 | person to take
upland game with a firearm unless he or she | ||||||
10 | wears, while in the field, a
cap of solid blaze orange color. | ||||||
11 | For purposes of this Act, upland game is
defined as Bobwhite | ||||||
12 | Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
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13 | Cottontail and Swamp Rabbit.
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14 | (hh) It shall be unlawful to kill or cripple any species | ||||||
15 | protected by
this Act for which there is a daily bag limit | ||||||
16 | without making a reasonable
effort to retrieve such species and | ||||||
17 | include such in the daily bag limit.
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18 | (ii) This Section shall apply only to those species | ||||||
19 | protected by this
Act taken within the State. Any species or | ||||||
20 | any parts thereof, legally taken
in and transported from other | ||||||
21 | states or countries, may be possessed
within the State, except | ||||||
22 | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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23 | (jj) Nothing contained in this Section shall prohibit the | ||||||
24 | use of bow
and arrow, or prevent the Director from issuing | ||||||
25 | permits to use a crossbow
to handicapped persons as provided by | ||||||
26 | administrative rule. As used herein,
"handicapped persons" |
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1 | means those persons who have a permanent physical
impairment | ||||||
2 | due to injury or disease, congenital or acquired, which renders
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3 | them so severely disabled as to be unable to use a conventional | ||||||
4 | bow and arrow
device. Permits will be issued only after the | ||||||
5 | receipt of a physician's
statement confirming the applicant is | ||||||
6 | handicapped as defined above.
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7 | (kk) Nothing contained in this Section shall prohibit the | ||||||
8 | Director
from issuing permits to paraplegics or to other | ||||||
9 | disabled persons who meet the
requirements set forth in | ||||||
10 | administrative rule to shoot or hunt from a vehicle
as provided | ||||||
11 | by that rule, provided that such is otherwise in accord with | ||||||
12 | this
Act.
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13 | (ll) Nothing contained in this Act shall prohibit the | ||||||
14 | taking of aquatic
life protected by the Fish and Aquatic Life | ||||||
15 | Code or birds and mammals
protected by this Act, except deer | ||||||
16 | and fur-bearing mammals, from a boat not
camouflaged or | ||||||
17 | disguised to alter its identity or to further provide a place
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18 | of concealment and not propelled by sail or mechanical power. | ||||||
19 | However, only
shotguns not larger than 10 gauge nor smaller | ||||||
20 | than .410 bore loaded with not
more than 3 shells of a shot | ||||||
21 | size no larger than lead BB or steel T (.20
diameter) may be | ||||||
22 | used to take species protected by this Act.
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23 | (mm) Nothing contained in this Act shall prohibit the use | ||||||
24 | of a shotgun,
not larger than 10 gauge nor smaller than a 20 | ||||||
25 | gauge, with a rifled barrel.
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26 | (Source: P.A. 93-807, eff. 7-24-04; 94-764, eff. 1-1-07.)
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1 | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
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2 | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | ||||||
3 | offer to buy,
sell or
barter, and for a commercial institution, | ||||||
4 | other than a regularly
operated refrigerated storage | ||||||
5 | establishment, to have in its possession
any of the wild birds, | ||||||
6 | or any part thereof (and their eggs), or wild
mammals or any | ||||||
7 | parts thereof, protected by this Act unless
done as hereinafter | ||||||
8 | provided:
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9 | Game birds or any parts thereof (and their eggs), may be | ||||||
10 | held,
possessed, raised and sold, or otherwise dealt with, as | ||||||
11 | provided in
Section 3.23 of this Act or when legally produced | ||||||
12 | under similar special
permit in another state or country and | ||||||
13 | legally transported into the
State of Illinois; provided that | ||||||
14 | such imported game birds or any parts
thereof, shall be marked | ||||||
15 | with permanent irremovable tags, or similar
devices, to | ||||||
16 | establish and retain their origin and identity;
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17 | Rabbits may be legally taken and possessed as provided in | ||||||
18 | Sections
3.23 ,
and 3.24 , and 3.26 of this Act;
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19 | Deer, or any parts thereof, may be held, possessed, sold or | ||||||
20 | otherwise
dealt with as provided in this Section and Sections | ||||||
21 | 3.23 and 3.24 of this Act;
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22 | Fur-bearing mammals, or any parts thereof, may be held, | ||||||
23 | possessed,
sold or otherwise dealt with as provided in Sections | ||||||
24 | 3.16 ,
and 3.24 , and 3.26 of
this Act or when legally taken and | ||||||
25 | possessed in Illinois or
legally taken and possessed in and |
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1 | transported from other
states or countries;
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2 | The inedible parts of game mammals may be held, possessed, | ||||||
3 | sold or
otherwise dealt with when legally taken, in Illinois or | ||||||
4 | legally taken and
possessed in and transported
from other | ||||||
5 | states or countries.
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6 | Failure to establish proof of the legality of possession in | ||||||
7 | another
state or country and importation into the State of | ||||||
8 | Illinois, shall be
prima facie evidence that such game birds or | ||||||
9 | any parts thereof, and
their eggs, game mammals and fur-bearing | ||||||
10 | mammals, or any parts thereof,
were taken within the State of | ||||||
11 | Illinois.
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12 | (Source: P.A. 82-434.)
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13 | (520 ILCS 5/3.5) (from Ch. 61, par. 3.5)
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14 | Sec. 3.5. Penalties; probation.
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15 | (a) Any person who violates any of the provisions of | ||||||
16 | Section
2.36a,
including administrative rules, shall be guilty | ||||||
17 | of a Class 3 felony, except
as otherwise provided in subsection | ||||||
18 | (b) of this Section and subsection (a) of
Section 2.36a.
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19 | (b) Whenever any person who has not previously been | ||||||
20 | convicted of, or
placed
on probation or court supervision for, | ||||||
21 | any offense under Section 1.22,
2.36, or 2.36a or subsection | ||||||
22 | (i) or (cc) of Section
2.33, the court may, without entering a
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23 | judgment and with the person's consent, sentence the person to | ||||||
24 | probation for a
violation of Section 2.36a.
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25 | (1) When a person is placed on probation, the court |
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1 | shall enter an order
specifying a period of probation of 24 | ||||||
2 | months and shall defer further
proceedings in
the case | ||||||
3 | until the conclusion of the period or until the filing of a | ||||||
4 | petition
alleging violation of a term or condition of | ||||||
5 | probation.
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6 | (2) The conditions of probation shall be that the | ||||||
7 | person:
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8 | (A) Not violate
any criminal statute of any | ||||||
9 | jurisdiction.
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10 | (B) Perform no less than 30 hours of community | ||||||
11 | service, provided
community
service is available in | ||||||
12 | the jurisdiction and is funded and approved by the
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13 | county board.
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14 | (3) The court may, in addition to other conditions:
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15 | (A) Require that the person make a report to and | ||||||
16 | appear in person before
or participate with the
court | ||||||
17 | or courts, person, or social service agency as directed | ||||||
18 | by the
court in the order of probation.
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19 | (B) Require that the person pay a fine and costs.
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20 | (C) Require that the person refrain from | ||||||
21 | possessing a firearm or other
dangerous weapon.
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22 | (D) Prohibit the person from associating with any | ||||||
23 | person who is actively
engaged in any of the activities | ||||||
24 | regulated by the permits issued or privileges
granted | ||||||
25 | by the Department of Natural Resources.
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26 | (4) Upon violation of a term or condition of probation, |
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1 | the
court
may enter a judgment on its original finding of | ||||||
2 | guilt and proceed as otherwise
provided.
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3 | (5) Upon fulfillment of the terms and
conditions of | ||||||
4 | probation, the court shall discharge the person and dismiss
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5 | the proceedings against the person.
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6 | (6) A disposition of probation is considered to be a | ||||||
7 | conviction
for the purposes of imposing the conditions of | ||||||
8 | probation, for appeal, and for
administrative revocation | ||||||
9 | and suspension of licenses and privileges;
however, | ||||||
10 | discharge and dismissal under this Section is not a | ||||||
11 | conviction for
purposes of disqualification or | ||||||
12 | disabilities imposed by law upon conviction of
a crime.
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13 | (7) Discharge and dismissal under this Section
may | ||||||
14 | occur only once
with respect to any person.
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15 | (8) If a person is convicted of an offense under this
| ||||||
16 | Act within 5 years
subsequent to a discharge and dismissal | ||||||
17 | under this Section, the discharge and
dismissal under this | ||||||
18 | Section shall be admissible in the sentencing proceeding
| ||||||
19 | for that conviction
as a factor in aggravation.
| ||||||
20 | (9) The Circuit Clerk shall notify the Department of | ||||||
21 | State Police of all
persons convicted of or placed under | ||||||
22 | probation for violations of Section
2.36a.
| ||||||
23 | (c) Any person who violates any of the provisions of | ||||||
24 | Sections 2.9, 2.11,
2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30, | ||||||
25 | 2.31, 2.32, 2.33 (except
subsections (g), (i), (o), (p), (y), | ||||||
26 | and (cc)), 2.33-1, 2.33a, 3.3,
3.4, 3.11 - 3.16, 3.19 - 3.21 |
| |||||||
| |||||||
1 | (except subsections (b), (c), (d), (e), (f), (f.5), (g), (h), | ||||||
2 | and (i)), and 3.24, 3.25, and 3.26 (except subsection (f))
3.24 - | ||||||
3 | 3.26 , including administrative
rules, shall be guilty of a | ||||||
4 | Class B misdemeanor.
| ||||||
5 | Any person who violates any of the
provisions of Sections | ||||||
6 | 1.22,
2.4, 2.36 and 2.38, including administrative rules, shall | ||||||
7 | be guilty of a
Class A misdemeanor. Any second or subsequent | ||||||
8 | violations of Sections
2.4 and 2.36 shall be a Class 4 felony.
| ||||||
9 | Any person who violates any of the provisions of this Act, | ||||||
10 | including
administrative rules, during such period when his | ||||||
11 | license, privileges, or
permit is revoked or denied by virtue | ||||||
12 | of Section 3.36, shall be guilty of a
Class A misdemeanor.
| ||||||
13 | Any person who violates subsection (g), (i), (o), (p), (y), | ||||||
14 | or (cc)
of Section 2.33 shall be guilty of a Class A | ||||||
15 | misdemeanor and subject to a
fine of no less than $500 and no | ||||||
16 | more than $5,000 in addition to other
statutory penalties.
| ||||||
17 | Any person who violates any other of
the provisions of this | ||||||
18 | Act
including administrative rules, unless otherwise stated, | ||||||
19 | shall be
guilty of a petty offense. Offenses committed by | ||||||
20 | minors under the
direct control or with the consent of a parent | ||||||
21 | or guardian may subject
the parent or guardian to the penalties | ||||||
22 | prescribed in this Section.
| ||||||
23 | In addition to any fines imposed pursuant to the provisions | ||||||
24 | of this
Section or as otherwise provided in this Act, any | ||||||
25 | person found guilty of
unlawfully taking or possessing any | ||||||
26 | species protected by this Act, shall be
assessed a civil |
| |||||||
| |||||||
1 | penalty for such species in accordance with the values
| ||||||
2 | prescribed in Section 2.36a of this Act. This civil penalty | ||||||
3 | shall be
imposed by the Circuit Court for the county within | ||||||
4 | which the offense was
committed at the time of the conviction. | ||||||
5 | All penalties provided for in
this Section shall be remitted to | ||||||
6 | the Department in accordance with the
same provisions provided | ||||||
7 | for in Section 1.18 of this Act.
| ||||||
8 | (Source: P.A. 94-222, eff. 7-14-05.)
| ||||||
9 | (520 ILCS 5/3.25) (from Ch. 61, par. 3.25)
| ||||||
10 | Sec. 3.25. Any individual who, within the State of
| ||||||
11 | Illinois, holds, possesses
or engages in the breeding or | ||||||
12 | raising of live fur-bearing mammals, protected
by this Act, | ||||||
13 | except as provided in Sections 1.6 or 1.7, shall be a | ||||||
14 | fur-bearing
mammal breeder in the meaning of this Act. Before | ||||||
15 | any individual shall hold,
possess or engage in the breeding or | ||||||
16 | raising of live fur-bearing mammals,
he shall first procure a | ||||||
17 | fur-bearing mammal breeder permit. Fur-bearing
mammal breeder | ||||||
18 | permits shall be issued by the Department. The annual fee
for | ||||||
19 | each fur-bearing mammal breeder permit shall be $25. All | ||||||
20 | fur-bearing
mammal breeder permits shall expire on March 31 of | ||||||
21 | each year.
| ||||||
22 | Holders of fur-bearing mammal breeder permits may hold, | ||||||
23 | possess, engage
in the breeding or raising, sell, or otherwise | ||||||
24 | dispose of live fur-bearing
mammals or their green hides, | ||||||
25 | possessed thereunder, at any time of the year.
|
| |||||||
| |||||||
1 | Fur-bearing mammal breeders shall keep a record for 2 years | ||||||
2 | from the
date of the acquisition,
sale or other disposition
of | ||||||
3 | each live fur-bearing mammal or its green hide so raised or | ||||||
4 | propagated,
showing the date of such transaction, the name and | ||||||
5 | address of the
individual
receiving or buying such live | ||||||
6 | fur-bearing mammal or its green hide, and
when requested to do | ||||||
7 | so, shall furnish such individual with
a certificate of
| ||||||
8 | purchase showing the number and kinds of live fur-bearing | ||||||
9 | mammals or green
hides so disposed of, the date of the | ||||||
10 | transaction, the name and permit number
of the breeder, and the | ||||||
11 | name of the individual receiving,
collecting, or buying
such | ||||||
12 | live fur-bearing mammals or green hides, and such other | ||||||
13 | information
as the Department may require. Such records and | ||||||
14 | certificates of purchase
shall be immediately presented to | ||||||
15 | officers or authorized employees of the
Department, any | ||||||
16 | sheriff, deputy sheriff, or other peace officer when request
is | ||||||
17 | made for same. Failure to produce such records or certificates | ||||||
18 | of purchase
shall be prima facie evidence that such live | ||||||
19 | fur-bearing mammals or green
hides are contraband with the | ||||||
20 | State of Illinois. The holder of a fur-bearing
mammal breeder | ||||||
21 | permit may exhibit fur-bearing mammals commercially.
| ||||||
22 | Nothing in this Section shall be construed to give any such | ||||||
23 | permittee
authority to take fur-bearing mammals in their wild | ||||||
24 | state contrary to
other provisions of this Act, or to remove | ||||||
25 | such permittee from
responsibility for the observance of any | ||||||
26 | Federal Laws, rules or
regulations which may apply to such |
| |||||||
| |||||||
1 | fur-bearing mammals.
| ||||||
2 | Holders of fur-bearing mammal breeder permits may import | ||||||
3 | fur-bearing mammals
into the State of Illinois but may release | ||||||
4 | the same only after health and
disease prevention requirements | ||||||
5 | set forth by the Director and other State
agencies have been | ||||||
6 | met and permission of the Director has been granted.
| ||||||
7 | The breeding, raising and producing in captivity, and the | ||||||
8 | marketing, by
the producer, of mink (Mustela vison), red fox | ||||||
9 | (Vulpes vulpes) or arctic fox
(Alopex lagopus), as live | ||||||
10 | animals, or as animal pelts or carcasses shall be
deemed an | ||||||
11 | agricultural pursuit, and all such animals so raised in | ||||||
12 | captivity
shall be deemed domestic animals, subject to all
the | ||||||
13 | laws of the State with reference to possession and ownership as | ||||||
14 | are
applicable at any time to domestic
animals. All individuals | ||||||
15 | engaged in the foregoing
activities are fur farmers and engaged | ||||||
16 | in farming for all statutory
purposes. Such individuals are | ||||||
17 | exempt from the fur-bearing mammal breeder
permit requirements | ||||||
18 | set forth in this Section if: (1) they are defined as
farmers | ||||||
19 | for Federal income tax purposes, and (2) at least 20 percent of
| ||||||
20 | their gross farm income as reported on Federal tax form | ||||||
21 | Schedule F (Form
1040) for the previous year is generated from | ||||||
22 | the sale of mink, red fox or
arctic fox as live animals, animal | ||||||
23 | pelts or carcasses.
| ||||||
24 | No fur-bearing mammal breeder permits will be issued to | ||||||
25 | hold,
possess, or engage in the breeding and raising of striped | ||||||
26 | skunks acquired after
July 1, 1975, or coyotes acquired after |
| |||||||
| |||||||
1 | July 1, 1978 , except for coyotes that are held or possessed by | ||||||
2 | a person who holds a hound running area permit under Section | ||||||
3 | 3.26 of this Act .
| ||||||
4 | (Source: P.A. 86-920.)
| ||||||
5 | (520 ILCS 5/3.26 new) | ||||||
6 | Sec. 3.26. Hound running area permits; requirements. | ||||||
7 | (a) Any person owning, holding, or controlling by lease, | ||||||
8 | for a term of at least 5 years, any contiguous tract of land | ||||||
9 | having an area prescribed by administrative rule who desires to | ||||||
10 | establish a hound running area to pursue authorized species | ||||||
11 | with hounds in a way that is not designed to capture or kill | ||||||
12 | the authorized species, shall apply to the Department for a | ||||||
13 | hound running area permit under this Section. The application | ||||||
14 | shall be made under oath of the applicant or under oath of one | ||||||
15 | of the applicant's principal officers if the applicant is an | ||||||
16 | association, club, or corporation. The annual fee for each | ||||||
17 | hound running area permit is $250. All hound running area | ||||||
18 | permits expire on March 31 of each year. | ||||||
19 | Every applicant under this Section must also hold a | ||||||
20 | fur-bearing mammal breeder permit or a Class B commercial game | ||||||
21 | breeder permit, as appropriate. | ||||||
22 | Upon receipt of an application, the Department is | ||||||
23 | authorized to inspect the area proposed to be a hound running | ||||||
24 | area as described in the application, the general premises, the | ||||||
25 | facilities where the authorized species are to be maintained or |
| |||||||
| |||||||
1 | propagated, and the habitat for the authorized species. As part | ||||||
2 | of the application and inspection process, the Department shall | ||||||
3 | assess the ability of the applicant to operate a property as a | ||||||
4 | hound running area. If the Department finds that (i) the area | ||||||
5 | meets the requirements of all applicable laws and rules, (ii) | ||||||
6 | the authorized species are healthy and disease free, and (iii) | ||||||
7 | the issuing of the permit will otherwise be in the public | ||||||
8 | interest, then the Department shall approve the application and | ||||||
9 | issue the permit for the operation of the property described in | ||||||
10 | the application. | ||||||
11 | (b) Hound running areas shall be operated in a manner | ||||||
12 | consistent with the following: | ||||||
13 | (1) Authorized species may be pursued with dogs in a | ||||||
14 | hound running area, but not in a manner or with the intent | ||||||
15 | to capture or kill. The Department shall promulgate rules | ||||||
16 | that establish appropriate and prohibited activities for | ||||||
17 | hound running areas. | ||||||
18 | (2) Every hound running area shall have dog-proof | ||||||
19 | escape areas. "Dog-proof escape area" means a culvert, | ||||||
20 | brush pile, fenced refuge, or other structure suitable for | ||||||
21 | use by authorized species to safely escape from dogs | ||||||
22 | present on the hound running area. The number, type, and | ||||||
23 | spacing of dog-proof escape areas shall be prescribed by | ||||||
24 | administrative rule. | ||||||
25 | (3) Every permit holder shall promptly post on the | ||||||
26 | hound running area, at intervals of not more than 500 feet, |
| |||||||
| |||||||
1 | signs prescribed by the Department by administrative rule. | ||||||
2 | The boundaries of the hound running area shall also be | ||||||
3 | clearly defined by fencing and signs under administrative | ||||||
4 | rules promulgated by the Department. The area, signs, | ||||||
5 | fencing, dog-proof escape areas, and facilities to | ||||||
6 | maintain the authorized species are subject to inspection | ||||||
7 | by the Department at any reasonable time. | ||||||
8 | (4) A permit holder may maintain authorized species in | ||||||
9 | temporary confinement facilities on the hound running area | ||||||
10 | or at another location inspected by the Department and | ||||||
11 | specified on the permit. Authorized species held by a | ||||||
12 | permit holder may only be released into a hound running | ||||||
13 | area, except that authorized species held by a permit | ||||||
14 | holder may be released into the wild, exported, or given to | ||||||
15 | a person that does not hold a hound running area permit or | ||||||
16 | a fur-bearing mammal breeder permit or a Class B Commercial | ||||||
17 | game breeders permit as appropriate, after written | ||||||
18 | authorization is obtained from the Director. Prior to being | ||||||
19 | released into a hound running area, all newly acquired | ||||||
20 | authorized species shall be provided at least 7 days to | ||||||
21 | acclimate to the hound running area in which the animal | ||||||
22 | will be pursued. Authorized species held under a permit are | ||||||
23 | subject to inspection by an agent of the Department and | ||||||
24 | this inspection may include removal of reasonable samples | ||||||
25 | for examination. | ||||||
26 | (5) Any person who releases or handles dogs on a hound |
| |||||||
| |||||||
1 | running area is subject to the hunting license and habitat | ||||||
2 | stamp requirements of this Act. | ||||||
3 | (6) The permit holder shall keep accurate permanent | ||||||
4 | records on forms prescribed by the Department. The | ||||||
5 | permanent records shall include, for each supplier of | ||||||
6 | authorized species: (i) the supplier's full name, address, | ||||||
7 | and telephone numbers; (ii) the number, sex, and identifier | ||||||
8 | designation of each animal purchased, donated, sold, | ||||||
9 | traded, or given to the permit holder by that supplier; and | ||||||
10 | (iii) the date of the event or transaction. The permanent | ||||||
11 | records shall also include the identification of all | ||||||
12 | authorized species, while under the control of the permit | ||||||
13 | holder on the area or elsewhere, by identifier designation | ||||||
14 | and sex, along with information for each animal of the | ||||||
15 | authorized species that gave birth, was born, died, or was | ||||||
16 | disposed of in some other manner or that was sold, traded, | ||||||
17 | donated, or conveyed in some other manner, and the dates on | ||||||
18 | which those events occurred. | ||||||
19 | (7) Every permit holder shall attach an individually | ||||||
20 | marked identifier provided by the Department to each animal | ||||||
21 | of the authorized species maintained by the permit holder. | ||||||
22 | The permit holder shall pay a fee for each identifier as | ||||||
23 | established by the Department by administrative rule. The | ||||||
24 | permit holder shall record the identifier for each animal | ||||||
25 | maintained on the area or elsewhere or released into the | ||||||
26 | area. |
| |||||||
| |||||||
1 | (8) Any person using the hound running area shall at | ||||||
2 | all times respect the property rights of the property | ||||||
3 | owners and the owners of adjacent properties, and shall not | ||||||
4 | injure or destroy any livestock or property of any of those | ||||||
5 | property owners. Springs and streams shall not be | ||||||
6 | contaminated or polluted in any manner by persons using the | ||||||
7 | hound running area. The natural use of springs and streams | ||||||
8 | by dogs using the area shall not constitute contamination | ||||||
9 | or pollution. Unless the express permission of the property | ||||||
10 | owner has been given, no person using a hound running area | ||||||
11 | may (i) mutilate or cut trees or shrubs on the hound | ||||||
12 | running area or (ii) pick berries, fruits, or nuts present | ||||||
13 | on the hound running area. | ||||||
14 | (c) Except as otherwise provided by administrative rule, it | ||||||
15 | is unlawful for any person to enter a hound running area at any | ||||||
16 | time with a firearm, bow and arrow, or trap. | ||||||
17 | (d) A hound running area permit is not transferable from | ||||||
18 | one person to another. When a permit holder sells or leases the | ||||||
19 | property that comprises or includes a hound running area and | ||||||
20 | the purchaser or lessee intends to continue to use the hound | ||||||
21 | running area under this Section, the purchaser or lessee must | ||||||
22 | apply for a permit as provided in subsection (a) of this | ||||||
23 | Section. | ||||||
24 | (e) All authorized species must be legally acquired. | ||||||
25 | (f) A person breeding or otherwise maintaining authorized | ||||||
26 | species in conjunction with a hound running area must have the |
| |||||||
| |||||||
1 | authorized species annually inspected and certified by a | ||||||
2 | licensed Illinois veterinarian to be disease free. Anyone | ||||||
3 | violating this subsection (f) is guilty of a business offense | ||||||
4 | and shall be fined an amount not exceeding $5,000. | ||||||
5 | (g) The provisions of this Section are subject to | ||||||
6 | modification by administrative rule.
| ||||||
7 | (520 ILCS 5/3.33) (from Ch. 61, par. 3.33)
| ||||||
8 | Sec. 3.33. The Department may either refuse to issue or | ||||||
9 | refuse to renew or may
suspend or may revoke any game breeding | ||||||
10 | and hunting preserve area license
or hound running area permit | ||||||
11 | if the Department finds that such licensed area or the operator | ||||||
12 | thereof is
not complying or does not comply with the provisions | ||||||
13 | of Section 3.35 of
this Act, or that such property, or area is | ||||||
14 | operated in violation of other
provisions of this Act, or in an | ||||||
15 | unlawful or illegal manner; however, the
Department shall not | ||||||
16 | refuse to issue, refuse to renew nor suspend or revoke
any | ||||||
17 | license for any of these causes, unless the licensee affected | ||||||
18 | has been
given at least 15 days notice, in writing, of the | ||||||
19 | reasons for the action of
the Department and an opportunity to | ||||||
20 | appear before the Department or a
representative thereof in | ||||||
21 | opposition to the action of the Department. Upon
the hearing of | ||||||
22 | any such proceeding, the person designated by the Department
to | ||||||
23 | conduct the hearing may administer oaths and the Department may | ||||||
24 | procure,
by its subpoena, the attendance of witnesses and the | ||||||
25 | production of relevant
books and papers. The Circuit Court upon |
| |||||||
| |||||||
1 | application either of the licensee
affected, or of the | ||||||
2 | Department, may, on order duly entered, require the
attendance | ||||||
3 | of witnesses and the production of relevant books and papers
| ||||||
4 | before the Department or its representative in any such | ||||||
5 | hearing. Upon
refusal or neglect to obey its order, the Court | ||||||
6 | may compel obedience by
proceedings for contempt of court.
| ||||||
7 | (Source: P.A. 84-150.)
| ||||||
8 | (520 ILCS 5/3.35) (from Ch. 61, par. 3.35)
| ||||||
9 | Sec. 3.35. Any licensee, or any other person, who willfully | ||||||
10 | and intentionally
transfers or permits the transfer of the tags | ||||||
11 | issued to the operator of one
licensed game breeding and | ||||||
12 | hunting preserve area to the operator of
another licensed game | ||||||
13 | breeding and hunting preserve area, or to any other
person, or | ||||||
14 | who affixes such tags to game birds not taken from a licensed
| ||||||
15 | game breeding and hunting preserve area or to game birds taken | ||||||
16 | from any
area other than the area for which such tags were | ||||||
17 | issued, is guilty of a
Class B misdemeanor.
| ||||||
18 | Any hound running area permit holder, or any other person, | ||||||
19 | who intentionally transfers an identifier issued to the permit | ||||||
20 | holder for a hound running area to another permit holder for a | ||||||
21 | hound running area, or to any other person, or who affixes such | ||||||
22 | an identifier to any of the authorized species under Section | ||||||
23 | 3.26 that was not maintained at a hound running area, is guilty | ||||||
24 | of a Class B misdemeanor.
| ||||||
25 | (Source: P.A. 84-150.)
|
| |||||||
| |||||||
1 | Section 10. The Illinois Dangerous Animals Act is amended | ||||||
2 | by changing Section 1 as follows:
| ||||||
3 | (720 ILCS 585/1) (from Ch. 8, par. 241)
| ||||||
4 | Sec. 1. No person shall have a right of property in, keep, | ||||||
5 | harbor,
care for, act as custodian
of or maintain in
his | ||||||
6 | possession any dangerous animal except at a properly maintained | ||||||
7 | zoological
park, federally licensed
exhibit, circus, | ||||||
8 | scientific or
educational institution, research laboratory, | ||||||
9 | veterinary hospital , hound running area, or animal
refuge in an | ||||||
10 | escape-proof enclosure.
| ||||||
11 | (Source: P.A. 84-28.)".
|