101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB0201
 
Introduced 1/30/2019, by Sen. Iris Y. Martinez
 
SYNOPSIS AS INTRODUCED:



520 ILCS 5/2.5b new

 Amends the Wildlife Code. Provides that nontoxic ammunition, as certified by the Department of Natural Resources, shall be required when taking all wildlife, including game mammals, game birds, non-game birds, and non-game mammals with any firearm. Provides that the Department shall adopt by rule a public process to certify ammunition as nontoxic ammunition and shall define, by rule, nontoxic ammunition to include only ammunition in which there is no lead content, excluding the presence of trace elements of lead. Provides that to the extent that funding is available, the Department shall establish a process that provides hunters with nontoxic ammunition at no or reduced charge. Grants rulemaking authority to the Department. Provides for penalties. Makes other changes.



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FISCAL NOTE ACT MAY APPLY
 
 
A BILL FOR
 


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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 adding Section 
52.5b as follows:

6 (520 ILCS 5/2.5b new)
7 Sec. 2.5b. Nontoxic ammunition.
8 (a) Except as provided in subsections (e) and (g), and as 
9soon as can be practicably implemented by the Department of 
10Natural Resources under subsection (d), nontoxic ammunition, 
11as certified by the Department, shall be required when taking 
12all wildlife, including game mammals, game birds, non-game 
13birds, and non-game mammals with any firearm. 
14 (b) The Department shall adopt by rule a public process to 
15certify ammunition as nontoxic ammunition and shall define, by 
16rule, nontoxic ammunition to include only ammunition in which 
17there is no lead content, excluding the presence of trace 
18elements of lead. The Department shall establish and annually 
19update a list of certified ammunition. The list of certified 
20ammunition shall include, but not be limited to, any federally 
21approved nontoxic shotgun ammunition. 
22 (c) To the extent that funding is available, the Department 
23shall establish a process that provides hunters with nontoxic 
 
 
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1ammunition at no or reduced charge. The process shall provide 
2that the offer for nontoxic ammunition at no or reduced charge 
3may be redeemed through a coupon sent to a permit holder with 
4the appropriate permit tag. If available funding is not 
5sufficient to provide nontoxic ammunition at no charge, the 
6Department shall set the value of the reduced charge coupon at 
7the maximum value possible through available funding, up to the 
8average cost within this State for nontoxic ammunition, as 
9determined by the Department. The nontoxic ammunition coupon 
10program described in this subsection (c) shall be implemented 
11to the extent that there is sufficient funding within the 
12Department. 
13 (d) The Department shall adopt rules phasing in the 
14requirements of this Section by July 1, 2020. The requirements 
15of this Section shall be fully implemented statewide by no 
16later than January 1, 2021. If any of the requirements of this 
17Section can be implemented practicably, in whole or in part, in 
18advance of January 1, 2021, the Department of Natural Resources 
19shall implement those requirements. The Department of Natural 
20Resources shall not reduce or eliminate any existing 
21restrictions on the use of lead ammunition until the additional 
22requirements for use of nontoxic ammunition as required are 
23implemented. 
24 (e) If nontoxic ammunition is not commercially available 
25for a specific and lawful hunting purpose due to the operation 
26of the federal prohibitions relating to armor piercing 
 
 
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1ammunition in 18 U.S.C. 44, the requirement for use of nontoxic 
2ammunition shall be suspended for that specific hunting purpose 
3until the time as any nontoxic ammunition becomes commercially 
4available, at which point the suspension of the nontoxic 
5requirement shall automatically expire. In this paragraph, 
6"commercially available" means offered for sale in the consumer 
7marketplace. 
8 (f) A person who violates any provision of this Section is 
9guilty of a petty offense and shall be fined $500. A second or 
10subsequent offense is a petty offense punishable by a fine of 
11not less than $1,000 or more than $5,000. 
12 (g) This Section does not apply to government officials or 
13their agents when carrying out a statutory duty required by 
14law.