Full Text of HB2804 97th General Assembly
HB2804enr 97TH GENERAL ASSEMBLY |
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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 Wildlife Code is amended by changing Section | 5 | | 2.36 as follows:
| 6 | | (520 ILCS 5/2.36) (from Ch. 61, par. 2.36)
| 7 | | Sec. 2.36. It shall be unlawful to buy, sell or barter, or | 8 | | offer to buy,
sell or
barter, and for a commercial institution, | 9 | | other than a regularly
operated refrigerated storage | 10 | | establishment, to have in its possession
any of the wild birds, | 11 | | or any part thereof (and their eggs), or wild
mammals or any | 12 | | parts thereof, protected by this Act unless
done as hereinafter | 13 | | provided:
| 14 | | Game birds or any parts thereof (and their eggs), may be | 15 | | held,
possessed, raised and sold, or otherwise dealt with, as | 16 | | provided in
Section 3.23 of this Act or when legally produced | 17 | | under similar special
permit in another state or country and | 18 | | legally transported into the
State of Illinois; provided that | 19 | | such imported game birds or any parts
thereof, shall be marked | 20 | | with permanent irremovable tags, or similar
devices, to | 21 | | establish and retain their origin and identity;
| 22 | | Rabbits may be legally taken and possessed as provided in | 23 | | Sections
3.23, 3.24, and 3.26 of this Act;
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| 1 | | Deer, or any parts thereof, may be held, possessed, sold or | 2 | | otherwise
dealt with as provided in this Section and Sections | 3 | | 3.23 and 3.24 of this Act;
| 4 | | If a properly tagged deer is processed at a licensed meat | 5 | | processing facility, the meat processor at the facility is an | 6 | | active member of the Illinois Sportsmen Against Hunger program, | 7 | | and the owner of the deer (i) fails to claim the processed deer | 8 | | within a reasonable time or (ii) notifies the licensed meat | 9 | | processing facility that the owner no longer wants the | 10 | | processed deer, then the deer meat may be given away by the | 11 | | licensed meat processor to another person or donated to any | 12 | | other charitable organization or community food bank that | 13 | | receives wild game meat. The licensed meat processing facility | 14 | | may charge the person receiving the deer meat a reasonable and | 15 | | customary processing fee; | 16 | | Meat processors who are active members of the Illinois | 17 | | Sportsmen Against Hunger program shall keep written records of | 18 | | all deer received. Records shall include the following | 19 | | information: | 20 | | (1) the date the deer was received; | 21 | | (2) the name, address, and telephone number of the
| 22 | | person from whom the deer was received; | 23 | | (3) whether the deer was received as a whole carcass
or | 24 | | as deboned meat; if the deer was brought to the
meat | 25 | | processor as deboned meat, the processor shall include the | 26 | | weight of the meat; |
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| 1 | | (4) the number and state of issuance of the permit of
| 2 | | the person from whom the deer was received; in
the absence | 3 | | of a permit number, the meat processor
may rely on the | 4 | | written certification of the
person from whom the deer was | 5 | | received that the
deer was legally taken or obtained; and | 6 | | (5) if the person who originally delivered the deer to
| 7 | | the meat processor fails to collect or make
arrangements | 8 | | for the packaged deer meat to be
collected and the meat | 9 | | processor gives all or part
of the unclaimed deer meat to | 10 | | another person, the
meat processor shall maintain a record | 11 | | of the exchange;
the meat processor's records shall include | 12 | | the
customer's name, physical address, telephone
number, | 13 | | as well as the quantity and type of deer
meat given to the | 14 | | customer. The meat processor
shall also include the amount | 15 | | of compensation
received for the deer meat in his or her | 16 | | records. | 17 | | Meat processor records for unclaimed deer meat shall be | 18 | | open for inspection by any peace officer at any reasonable | 19 | | hour. Meat processors shall maintain records for a period of 2 | 20 | | years after the date of receipt of the wild game or for as long | 21 | | as the specimen or meat remains in the meat processors | 22 | | possession, whichever is longer; | 23 | | No meat processor shall have in his or her possession any | 24 | | deer that is not listed in his or her written records and | 25 | | properly tagged or labeled; | 26 | | All licensed meat processors who ship any deer or parts of |
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| 1 | | deer that have been held, possessed, or otherwise dealt with | 2 | | shall tag or label the shipment, and the tag or label shall | 3 | | state the name of the meat processor; | 4 | | Nothing in this Section removes meat processors from | 5 | | responsibility for the observance of any State or federal laws, | 6 | | rules, or regulations that may apply to the meat processing | 7 | | business; | 8 | | Fur-bearing mammals, or any parts thereof, may be held, | 9 | | possessed,
sold or otherwise dealt with as provided in Sections | 10 | | 3.16, 3.24, and 3.26 of
this Act or when legally taken and | 11 | | possessed in Illinois or
legally taken and possessed in and | 12 | | transported from other
states or countries;
| 13 | | The inedible parts of game mammals may be held, possessed, | 14 | | sold or
otherwise dealt with when legally taken, in Illinois or | 15 | | legally taken and
possessed in and transported
from other | 16 | | states or countries.
| 17 | | Failure to establish proof of the legality of possession in | 18 | | another
state or country and importation into the State of | 19 | | Illinois, shall be
prima facie evidence that such game birds or | 20 | | any parts thereof, and
their eggs, game mammals and fur-bearing | 21 | | mammals, or any parts thereof,
were taken within the State of | 22 | | Illinois.
| 23 | | (Source: P.A. 95-196, eff. 1-1-08.)
| 24 | | Section 99. Effective date. This Act takes effect upon | 25 | | becoming law.
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