Illinois General Assembly - Full Text of HB2618
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Full Text of HB2618  102nd General Assembly




State of Illinois
2021 and 2022


Introduced 2/19/2021, by Rep. Lance Yednock


520 ILCS 5/1.2q-1 new
520 ILCS 5/1.2q-2 new
520 ILCS 5/2.37  from Ch. 61, par. 2.37
520 ILCS 5/3.1-2  from Ch. 61, par. 3.1-2
520 ILCS 5/3.1-4
520 ILCS 5/3.1-7
520 ILCS 5/3.3  from Ch. 61, par. 3.3

    Amends the Wildlife Code. Provides that a veteran who is certified by the Department of Veterans' Affairs to be at least 10% disabled with service related disabilities or who is in receipt of total disability pension may trap, as permitted by the Code, without procuring a trapping license. Provides further that a military member returning from mobilization and service outside the United States who is an Illinois resident may trap, as permitted by the Code, without paying any fees required to obtain a trapping license, if he or she applies for the license within 2 years after returning from service abroad or after mobilization. Adds trapping licenses to the terminally ill hunter licensing program. Provides that persons on active duty in the Armed Forces or Illinois residents with a Type 1 or Type 4, Class 2 disability as defined in the Illinois Identification Card Act may trap, as permitted by the Code, without procuring a trapping license. Adds definitions. Effective immediately.

LRB102 10067 CMG 15387 b






HB2618LRB102 10067 CMG 15387 b

1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.37, 3.1-2, 3.1-4, 3.1-7, and 3.3 and by adding
6Sections 1.2q-1 and 1.2q-2 as follows:
7    (520 ILCS 5/1.2q-1 new)
8    Sec. 1.2q-1. Trapping license. "Trapping license" means an
9electronic or physical license authorizing the person to take
10a certain type of animal during a specified period of time.
11    (520 ILCS 5/1.2q-2 new)
12    Sec. 1.2q-2. Nuisance Wildlife Control Permit. "Nuisance
13Wildlife Control Permit" means an electronic or physical
14license authorizing the person to take a certain type of
15animal as provided in Section 2.37.
16    (520 ILCS 5/2.37)  (from Ch. 61, par. 2.37)
17    Sec. 2.37. Authority to kill wildlife responsible for
18damage. Subject to federal regulations and Section 3 of the
19Illinois Endangered Species Act, the Department may authorize
20owners and tenants of lands or their agents to remove or
21destroy any wild bird or wild mammal when the wild bird or wild



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1mammal is known to be destroying property or causing a risk to
2human health or safety upon his or her land.
3    Upon receipt by the Department of information from the
4owner, tenant, or sharecropper that any one or more species of
5wildlife is damaging dams, levees, ditches, cattle pastures,
6or other property on the land on which he resides or controls,
7together with a statement regarding location of the property
8damages, the nature and extent of the damage, and the
9particular species of wildlife committing the damage, the
10Department shall make an investigation.
11    If, after investigation, the Department finds that damage
12does exist and can be abated only by removing or destroying
13that wildlife, a permit shall be issued by the Department to
14remove or destroy the species responsible for causing the
16    A permit to control the damage shall be for a period of up
17to 90 days, shall specify the means and methods by which and
18the person or persons by whom the wildlife may be removed or
19destroyed, and shall set forth the disposition procedure to be
20made of all wildlife taken and other restrictions the Director
21considers necessary and appropriate in the circumstances of
22the particular case. Whenever possible, the specimens
23destroyed shall be given to a bona-fide public or State
24scientific, educational, or zoological institution.
25    The permittee shall advise the Department in writing,
26within 10 days after the expiration date of the permit, of the



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1number of individual species of wildlife taken, disposition
2made of them, and any other information which the Department
3may consider necessary.
4    Subject to federal regulations and Section 3 of the
5Illinois Endangered Species Act, the Department may grant to
6an individual, corporation, association or a governmental body
7the authority to control species protected by this Code
8pursuant to the issuance of a Nuisance Wildlife Control
9Permit. The Department shall set forth applicable regulations
10in an Administrative Order and may require periodic reports
11listing species taken, numbers of each species taken, dates
12when taken, and other pertinent information.
13    Drainage Districts shall have the authority to control
14beaver provided that they must notify the Department in
15writing that a problem exists and of their intention to trap
16the animals at least 7 days before the trapping begins. The
17District must identify traps used in beaver control outside
18the dates of the furbearer trapping season with metal tags
19with the district's name legibly inscribed upon them. During
20the furtrapping season, traps must be identified as prescribed
21by law. Conibear traps at least size 330 shall be used except
22during the statewide furbearer trapping season. During that
23time trappers may use any device that is legal according to the
24Wildlife Code. Except during the statewide furbearer trapping
25season, beaver traps must be set in water at least 10 inches
26deep. Except during the statewide furbearer trapping season,



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1traps must be set within 10 feet of an inhabited bank burrow or
2house and within 10 feet of a dam maintained by a beaver. No
3beaver or other furbearer taken outside of the dates for the
4furbearer trapping season may be sold. All animals must be
5given to the nearest conservation officer or other Department
6of Natural Resources representative within 48 hours after they
7are caught. Furbearers taken during the fur trapping season
8may be sold provided that they are taken by persons who have
9valid trapping licenses in their possession and are lawfully
10taken. The District must submit an annual report showing the
11species and numbers of animals caught. The report must
12indicate all species which were taken.
13    The location of traps or snares authorized under this
14Section, either by the Department or any other governmental
15body with the authority to control species protected by this
16Code, shall be exempt from the provisions of the Freedom of
17Information Act.
18(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12;
1998-1045, eff. 8-25-14.)
20    (520 ILCS 5/3.1-2)  (from Ch. 61, par. 3.1-2)
21    Sec. 3.1-2. Veterans who, according to the determination
22of the Veterans' Administration as certified by the Department
23of Veterans' Affairs, are at least 10% disabled with
24service-related disabilities or in receipt of total disability
25pensions may hunt and trap any of the species protected by



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1Section 2.2, during such times, with such devices and by such
2methods as are permitted by this Act, without procuring
3hunting and trapping licenses, on the condition that their
4respective disabilities do not prevent them from hunting and
5trapping in a manner which is safe to themselves and others.
6(Source: P.A. 83-58.)
7    (520 ILCS 5/3.1-4)
8    Sec. 3.1-4. Military members returning from mobilization
9and service outside the United States.
10    (a) After returning from service abroad or mobilization by
11the President of the United States as an active duty member of
12the United States Armed Forces, the Illinois National Guard,
13or the Reserves of the United States Armed Forces, an Illinois
14resident may hunt and trap any of the species protected by
15Section 2.2 of this Code without paying any fees required to
16obtain a hunting license or a trapping license for the time
17period prescribed by subsection (b) of this Section if the
18Illinois resident applies for a license within 2 years after
19returning from service abroad or mobilization. The applicant
20shall provide acceptable verification of service or
21mobilization to the Department either at the Department's
22office in Springfield or at a Regional Office of the
24    (b) For each year that an applicant is an active duty
25member pursuant to subsection (a) of this Section, the



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1applicant shall receive one free hunting license, one free
2trapping license, one free Deer Hunting Permit as provided in
3Section 2.26 of this Code and rules adopted pursuant to that
4Section, and one free State Habitat Stamp. For the purposes of
5this determination, if the period of active duty is a portion
6of a year (for example, one year and 3 months), the applicant
7will be credited with a full year for the portion of a year
9    (c) (Blank).
10    (c-5) An Illinois resident veteran may obtain an Illinois
11Hunter Education card if he or she completes the online study
12section of the Illinois Hunter Education program and provides
13the Department with acceptable verification of service or
15    (d) For the purposes of this Section, "acceptable
16verification of service or mobilization" means official
17documentation from the Department of Defense or the
18appropriate Major Command showing mobilization dates or
19service abroad dates, including: (i) a DD-214, (ii) a letter
20from the Illinois Department of Military Affairs for members
21of the Illinois National Guard, (iii) a letter from the
22Regional Reserve Command for members of the Armed Forces
23Reserve, (iv) a letter from the Major Command covering
24Illinois for active duty members, (v) personnel records for
25mobilized State employees, and (vi) any other documentation
26that the Department, by administrative rule, deems acceptable



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1to establish dates of mobilization or service abroad.
2    (e) For the purposes of this Section, the term "service
3abroad" means active duty service outside of the 50 United
4States and the District of Columbia, and includes all active
5duty service in territories and possessions of the United
7(Source: P.A. 98-118, eff. 7-30-13.)
8    (520 ILCS 5/3.1-7)
9    Sec. 3.1-7. Terminally ill hunter or trapper licensing
10program. In order to facilitate hunting, trapping, and fishing
11opportunities for a terminally ill person, the Director may
12issue any license, tag, permit, or stamp and waive fees,
13including transaction and dealer fees.
14    Youth may take game outside of an established season if
15that youth is deemed to be terminally ill and the hunt is
16pre-approved by the Director.
17(Source: P.A. 97-215, eff. 1-1-12.)
18    (520 ILCS 5/3.3)  (from Ch. 61, par. 3.3)
19    Sec. 3.3. Trapping license required. Before any person
20shall trap any of the mammals protected by this Act, for which
21an open trapping season has been established, he shall first
22procure a trapping license from the Department to do so. No
23traps shall be placed in the field, set or unset, prior to the
24opening day of the trapping season.



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1    Traps used in the taking of such mammals shall be marked or
2tagged with metal tags or inscribed in lettering giving the
3name and address of the owner or the customer identification
4number issued by the Department, and absence of such mark or
5tag shall be prima facie evidence that such trap or traps are
6illegally used and the trap or traps shall be confiscated and
7disposed of as directed by the Department.
8    Before any person 18 years of age or older shall trap,
9attempt to trap, or sell the green hides of any mammal of the
10species defined as fur-bearing mammals by Section 2.2 for
11which an open season is established under this Act, he shall
12first have procured a State Habitat Stamp.
13    Beginning January 1, 2016, no trapping license shall be
14issued to any person born on or after January 1, 1998 unless he
15or she presents to the authorized issuer of the license
16evidence that he or she has a certificate of competency
17provided for in this Section.
18    The Department of Natural Resources shall authorize
19personnel of the Department, or volunteer instructors, found
20by the Department to be competent, to provide instruction in
21courses on trapping techniques and ethical trapping behavior
22as needed throughout the State, which courses shall be at
23least 8 hours in length. Persons so authorized shall provide
24instruction in such courses to individuals at no charge, and
25shall issue to individuals successfully completing such
26courses certificates of competency in basic trapping



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1techniques. The Department shall cooperate in establishing
2such courses with any reputable association or organization
3which has as one of its objectives the promotion of the ethical
4use of legal fur harvesting devices and techniques. The
5Department shall furnish information on the requirements of
6the trapper education program to be distributed free of charge
7to applicants for trapping licenses by the persons appointed
8and authorized to issue licenses.
9    The owners residing on, or bona fide tenants of farm
10lands, and their children actually residing on such lands,
11shall have the right to trap mammals protected by this Act, for
12which an open trapping season has been established, upon such
13lands, without procuring licenses, provided that such mammals
14are taken during the periods of time and with such devices as
15are permitted by this Act.
16    Any person on active duty in the Armed Forces or any person
17with a disability who is a resident of Illinois, may trap any
18of the species protected by Section 2.2, during such times,
19with such devices and by such methods as are permitted by this
20Act, without procuring a trapping license. For the purposes of
21this Section, a person is considered a person with a
22disability if he or she has a Type 1 or Type 4, Class 2
23disability as defined in Section 4A of the Illinois
24Identification Card Act. For purposes of this Section, an
25Illinois Person with a Disability Identification Card issued
26pursuant to the Illinois Identification Card Act indicating



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1that the person thereon named has a Type 1 or Type 4, Class 2
2disability shall be adequate documentation of such a
4(Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18;
5101-81, eff. 7-12-19.)
6    Section 99. Effective date. This Act takes effect upon
7becoming law.