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Sen. Iris Y. Martinez
Filed: 3/13/2019
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| 1 | | AMENDMENT TO SENATE BILL 201
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| 2 | | AMENDMENT NO. ______. Amend Senate Bill 201 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 2.18-1 and 2.33 as follows:
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| 6 | | (520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
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| 7 | | Sec. 2.18-1.
(a) It shall be lawful for any person who |
| 8 | | holds the licenses,
permits and stamps required by this Act for |
| 9 | | the taking of migratory waterfowl
to use, in addition to or in |
| 10 | | lieu of any other authorized ammunition, either
lead or steel |
| 11 | | and other non-toxic shotshells as approved by the United States |
| 12 | | Fish and Wildlife Service when shotgun pellets in taking such |
| 13 | | waterfowl at any location in
the State where the hunting of |
| 14 | | migratory waterfowl is authorized,
except as provided under |
| 15 | | subsection (b) of this Section and at specific
sites where |
| 16 | | there are documented cases of lead poisoning
of waterfowl and |
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| 1 | | all alternative methods of alleviating lead poisoning (such
as |
| 2 | | dewatering, flooding and/or tillage) have been determined to be |
| 3 | | unsuccessful
in preventing lead poisoning losses of waterfowl. |
| 4 | | At such specific sites,
shot shell ammunition containing |
| 5 | | non-toxic pellets, such as steel, shall
be used. These specific |
| 6 | | sites may be designated
by the Department after statewide |
| 7 | | public hearings have been conducted and
the results of such |
| 8 | | hearings have been reviewed.
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| 9 | | (b) The Department shall be authorized to designate by |
| 10 | | rule,
pursuant to the Illinois Administrative Procedure Act, |
| 11 | | areas that shall be
limited to the use of non-toxic
pellets; |
| 12 | | provided, however, that such authorization shall only exist for
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| 13 | | those areas which the federal government has mandated shall be |
| 14 | | closed to
all waterfowl hunting unless the State agrees to the |
| 15 | | prohibition of the use
of toxic shotgun pellets.
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| 16 | | No State agency shall issue or make any rule, regulation, |
| 17 | | order or agreement
which is in conflict with this Section.
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| 18 | | (Source: P.A. 91-357, eff. 7-29-99.)
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| 19 | | (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
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| 20 | | Sec. 2.33. Prohibitions.
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| 21 | | (a) It is unlawful to carry or possess any gun in any
State |
| 22 | | refuge unless otherwise permitted by administrative rule.
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| 23 | | (b) It is unlawful to use or possess any snare or |
| 24 | | snare-like device,
deadfall, net, or pit trap to take any |
| 25 | | species, except that snares not
powered by springs or other |
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| 1 | | mechanical devices may be used to trap
fur-bearing mammals, in |
| 2 | | water sets only, if at least one-half of the snare
noose is |
| 3 | | located underwater at all times.
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| 4 | | (c) It is unlawful for any person at any time to take a |
| 5 | | wild mammal
protected by this Act from its den by means of any |
| 6 | | mechanical device,
spade, or digging device or to use smoke or |
| 7 | | other gases to dislodge or
remove such mammal except as |
| 8 | | provided in Section 2.37.
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| 9 | | (d) It is unlawful to use a ferret or any other small |
| 10 | | mammal which is
used in the same or similar manner for which |
| 11 | | ferrets are used for the
purpose of frightening or driving any |
| 12 | | mammals from their dens or hiding places.
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| 13 | | (e) (Blank).
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| 14 | | (f) It is unlawful to use spears, gigs, hooks or any like |
| 15 | | device to
take any species protected by this Act.
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| 16 | | (g) It is unlawful to use poisons, chemicals or explosives |
| 17 | | for the
purpose of taking any species protected by this Act.
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| 18 | | (h) It is unlawful to hunt adjacent to or near any peat, |
| 19 | | grass,
brush or other inflammable substance when it is burning.
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| 20 | | (i) It is unlawful to take, pursue or intentionally harass |
| 21 | | or disturb
in any manner any wild birds or mammals by use or |
| 22 | | aid of any vehicle or
conveyance, except as permitted by the |
| 23 | | Code of Federal Regulations for the
taking of waterfowl. It is |
| 24 | | also unlawful to use the lights of any vehicle
or conveyance or |
| 25 | | any light from or any light connected to the
vehicle or |
| 26 | | conveyance in any area where wildlife may be found except in
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| 1 | | accordance with Section 2.37 of this Act; however, nothing in |
| 2 | | this
Section shall prohibit the normal use of headlamps for the |
| 3 | | purpose of driving
upon a roadway. Striped skunk, opossum, red |
| 4 | | fox, gray
fox, raccoon, bobcat, and coyote may be taken during |
| 5 | | the open season by use of a small
light which is worn on the |
| 6 | | body or hand-held by a person on foot and not in any
vehicle.
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| 7 | | (j) It is unlawful to use any shotgun larger than 10 gauge |
| 8 | | while
taking or attempting to take any of the species protected |
| 9 | | by this Act.
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| 10 | | (k) It is unlawful to use or possess in the field any |
| 11 | | shotgun shell loaded
with a shot size larger than lead BB or |
| 12 | | steel T (.20 diameter) when taking or
attempting to take any |
| 13 | | species of wild game mammals (excluding white-tailed
deer), |
| 14 | | wild game birds, migratory waterfowl or migratory game birds |
| 15 | | protected
by this Act, except white-tailed deer as provided for |
| 16 | | in Section 2.26 and other
species as provided for by subsection |
| 17 | | (l) or administrative rule.
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| 18 | | (l) It is unlawful to take any species of wild game, except
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| 19 | | white-tailed deer and fur-bearing mammals, with a shotgun |
| 20 | | loaded with slugs unless otherwise
provided for by |
| 21 | | administrative rule.
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| 22 | | (m) It is unlawful to use any shotgun larger than 10 gauge |
| 23 | | or smaller than a .410 bore to take species protected by this |
| 24 | | Act; however, nothing shall prohibit the use of a shotgun, not |
| 25 | | larger than 10 gauge nor smaller than a 20 gauge, with a rifled |
| 26 | | barrel. It is unlawful to use any shotgun capable of holding |
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| 1 | | more than 3
shells in the magazine or chamber combined, except |
| 2 | | on game breeding and
hunting preserve areas licensed under |
| 3 | | Section 3.27 and except as permitted by
the Code of Federal |
| 4 | | Regulations for the taking of waterfowl. If the shotgun
is |
| 5 | | capable of holding more than 3 shells, it shall, while being |
| 6 | | used on an
area other than a game breeding and shooting |
| 7 | | preserve area licensed
pursuant to Section 3.27, be fitted with |
| 8 | | a one piece plug that is
irremovable without dismantling the |
| 9 | | shotgun or otherwise altered to
render it incapable of holding |
| 10 | | more than 3 shells in the magazine and
chamber, combined.
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| 11 | | (n) It is unlawful for any person, except persons who |
| 12 | | possess a permit to
hunt from a vehicle as provided in this |
| 13 | | Section and persons otherwise permitted
by law, to have or |
| 14 | | carry any gun in or on any vehicle, conveyance or aircraft,
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| 15 | | unless such gun is unloaded and enclosed in a case, except that |
| 16 | | at field trials
authorized by Section 2.34 of this Act, |
| 17 | | unloaded guns or guns loaded with blank
cartridges only, may be |
| 18 | | carried on horseback while not contained in a case, or
to have |
| 19 | | or carry any bow or arrow device in or on any vehicle unless |
| 20 | | such bow
or arrow device is unstrung or enclosed in a case, or |
| 21 | | otherwise made
inoperable.
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| 22 | | (o) (Blank).
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| 23 | | (p) It is unlawful to take game birds, migratory game birds |
| 24 | | or
migratory waterfowl with a rifle, pistol, revolver or |
| 25 | | airgun.
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| 26 | | (q) It is unlawful to fire a rifle, pistol, revolver or |
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| 1 | | airgun on,
over or into any waters of this State, including |
| 2 | | frozen waters.
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| 3 | | (r) It is unlawful to discharge any gun or bow and arrow |
| 4 | | device
along, upon, across, or from any public right-of-way or |
| 5 | | highway in this State.
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| 6 | | (s) It is unlawful to use a silencer or other device to |
| 7 | | muffle or
mute the sound of the explosion or report resulting |
| 8 | | from the firing of
any gun.
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| 9 | | (t) It is unlawful for any person to take or attempt to |
| 10 | | take any species of wildlife or parts thereof, intentionally or |
| 11 | | wantonly allow a dog to
hunt, within or upon the land of |
| 12 | | another, or upon waters flowing over or
standing on the land of |
| 13 | | another, or to knowingly shoot a gun or bow and arrow device at |
| 14 | | any wildlife physically on or flying over the property of |
| 15 | | another without first obtaining permission from
the owner or |
| 16 | | the owner's designee. For the purposes of this Section, the |
| 17 | | owner's designee means anyone who the owner designates in a |
| 18 | | written authorization and the authorization must contain (i) |
| 19 | | the legal or common description of property for such authority |
| 20 | | is given, (ii) the extent that the owner's designee is |
| 21 | | authorized to make decisions regarding who is allowed to take |
| 22 | | or attempt to take any species of wildlife or parts thereof, |
| 23 | | and (iii) the owner's notarized signature. Before enforcing |
| 24 | | this
Section the law enforcement officer must have received |
| 25 | | notice from the
owner or the owner's designee of a violation of |
| 26 | | this Section. Statements made to the
law enforcement officer |
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| 1 | | regarding this notice shall not be rendered
inadmissible by the |
| 2 | | hearsay rule when offered for the purpose of showing the
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| 3 | | required notice.
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| 4 | | (u) It is unlawful for any person to discharge any firearm |
| 5 | | for the purpose
of taking any of the species protected by this |
| 6 | | Act, or hunt with gun or
dog, or intentionally or wantonly |
| 7 | | allow a dog to hunt, within 300 yards of an inhabited dwelling |
| 8 | | without
first obtaining permission from the owner or tenant, |
| 9 | | except that while
trapping, hunting with bow and arrow, hunting |
| 10 | | with dog and shotgun using shot
shells only, or hunting with |
| 11 | | shotgun using shot shells only, or providing outfitting |
| 12 | | services under a waterfowl outfitter permit, or
on licensed |
| 13 | | game breeding and hunting preserve areas, as defined in Section
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| 14 | | 3.27, on
federally owned and managed lands and on Department |
| 15 | | owned, managed, leased, or
controlled lands, a 100 yard |
| 16 | | restriction shall apply.
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| 17 | | (v) It is unlawful for any person to remove fur-bearing |
| 18 | | mammals from, or
to move or disturb in any manner, the traps |
| 19 | | owned by another person without
written authorization of the |
| 20 | | owner to do so.
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| 21 | | (w) It is unlawful for any owner of a dog to knowingly or |
| 22 | | wantonly allow
his or her dog to pursue, harass or kill deer, |
| 23 | | except that nothing in this Section shall prohibit the tracking |
| 24 | | of wounded deer with a dog in accordance with the provisions of |
| 25 | | Section 2.26 of this Code.
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| 26 | | (x) It is unlawful for any person to wantonly or carelessly |
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| 1 | | injure
or destroy, in any manner whatsoever, any real or |
| 2 | | personal property on
the land of another while engaged in |
| 3 | | hunting or trapping thereon.
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| 4 | | (y) It is unlawful to hunt wild game protected by this Act |
| 5 | | between one
half hour after sunset and one half hour before |
| 6 | | sunrise, except that
hunting hours between one half hour after |
| 7 | | sunset and one half hour
before sunrise may be established by |
| 8 | | administrative rule for fur-bearing
mammals.
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| 9 | | (z) It is unlawful to take any game bird (excluding wild |
| 10 | | turkeys and
crippled pheasants not capable of normal flight and |
| 11 | | otherwise irretrievable)
protected by this Act when not flying. |
| 12 | | Nothing in this Section shall prohibit
a person from carrying |
| 13 | | an uncased, unloaded shotgun in a boat, while in pursuit
of a |
| 14 | | crippled migratory waterfowl that is incapable of normal |
| 15 | | flight, for the
purpose of attempting to reduce the migratory |
| 16 | | waterfowl to possession, provided
that the attempt is made |
| 17 | | immediately upon downing the migratory waterfowl and
is done |
| 18 | | within 400 yards of the blind from which the migratory |
| 19 | | waterfowl was
downed. This exception shall apply only to |
| 20 | | migratory game birds that are not
capable of normal flight. |
| 21 | | Migratory waterfowl that are crippled may be taken
only with a |
| 22 | | shotgun as regulated by subsection (j) of this Section using
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| 23 | | shotgun shells as regulated in subsection (k) of this Section.
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| 24 | | (aa) It is unlawful to use or possess any device that may |
| 25 | | be used for
tree climbing or cutting, while hunting fur-bearing |
| 26 | | mammals, excluding coyotes.
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| 1 | | (bb) It is unlawful for any person, except licensed game |
| 2 | | breeders,
pursuant to Section 2.29 to import, carry into, or |
| 3 | | possess alive in this
State any species of wildlife taken |
| 4 | | outside of this State, without
obtaining permission to do so |
| 5 | | from the Director.
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| 6 | | (cc) It is unlawful for any person to have in his or her
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| 7 | | possession any freshly killed species protected by this Act |
| 8 | | during the season
closed for taking.
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| 9 | | (dd) It is unlawful to take any species protected by this |
| 10 | | Act and retain
it alive except as provided by administrative |
| 11 | | rule.
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| 12 | | (ee) It is unlawful to possess any rifle while in the field |
| 13 | | during gun
deer season except as provided in Section 2.26 and |
| 14 | | administrative rules.
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| 15 | | (ff) It is unlawful for any person to take any species |
| 16 | | protected by
this Act, except migratory waterfowl, during the |
| 17 | | gun deer hunting season in
those counties open to gun deer |
| 18 | | hunting, unless he or she wears, when in
the field, a cap and |
| 19 | | upper outer garment of a solid blaze orange color or solid |
| 20 | | blaze pink color, with
such articles of clothing displaying a |
| 21 | | minimum of 400 square inches of
blaze orange or solid blaze |
| 22 | | pink color material.
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| 23 | | (gg) It is unlawful during the upland game season for any |
| 24 | | person to take
upland game with a firearm unless he or she |
| 25 | | wears, while in the field, a
cap of solid blaze orange color or |
| 26 | | solid blaze pink color. For purposes of this Act, upland game |
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| 1 | | is
defined as Bobwhite Quail, Hungarian Partridge, Ring-necked |
| 2 | | Pheasant, Eastern
Cottontail and Swamp Rabbit.
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| 3 | | (hh) It shall be unlawful to kill or cripple any species |
| 4 | | protected by
this Act for which there is a bag limit without |
| 5 | | making a reasonable
effort to retrieve such species and include |
| 6 | | such in the bag limit. It shall be unlawful for any person |
| 7 | | having control over harvested game mammals, game birds, or |
| 8 | | migratory game birds for which there is a bag limit to wantonly |
| 9 | | waste or destroy the usable meat of the game, except this shall |
| 10 | | not apply to wildlife taken under Sections 2.37 or 3.22 of this |
| 11 | | Code. For purposes of this subsection, "usable meat" means the |
| 12 | | breast meat of a game bird or migratory game bird and the hind |
| 13 | | ham and front shoulders of a game mammal. It shall be unlawful |
| 14 | | for any person to place, leave, dump, or abandon a wildlife |
| 15 | | carcass or parts of it along or upon a public right-of-way or |
| 16 | | highway or on public or private property, including a waterway |
| 17 | | or stream, without the permission of the owner or tenant. It |
| 18 | | shall not be unlawful to discard game meat that is determined |
| 19 | | to be unfit for human consumption.
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| 20 | | (ii) This Section shall apply only to those species |
| 21 | | protected by this
Act taken within the State. Any species or |
| 22 | | any parts thereof, legally taken
in and transported from other |
| 23 | | states or countries, may be possessed
within the State, except |
| 24 | | as provided in this Section and Sections 2.35, 2.36
and 3.21.
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| 25 | | (jj) (Blank).
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| 26 | | (kk) Nothing contained in this Section shall prohibit the |
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| 1 | | Director
from issuing permits to paraplegics or to other |
| 2 | | persons with disabilities who meet the
requirements set forth |
| 3 | | in administrative rule to shoot or hunt from a vehicle
as |
| 4 | | provided by that rule, provided that such is otherwise in |
| 5 | | accord with this
Act.
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| 6 | | (ll) Nothing contained in this Act shall prohibit the |
| 7 | | taking of aquatic
life protected by the Fish and Aquatic Life |
| 8 | | Code or birds and mammals
protected by this Act, except deer |
| 9 | | and fur-bearing mammals, from a boat not
camouflaged or |
| 10 | | disguised to alter its identity or to further provide a place
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| 11 | | of concealment and not propelled by sail or mechanical power. |
| 12 | | However, only
shotguns not larger than 10 gauge nor smaller |
| 13 | | than .410 bore loaded with not
more than 3 shells of a shot |
| 14 | | size no larger than lead BB or steel T (.20
diameter) may be |
| 15 | | used to take species protected by this Act.
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| 16 | | (mm) Nothing contained in this Act shall prohibit the use |
| 17 | | of a shotgun,
not larger than 10 gauge nor smaller than a 20 |
| 18 | | gauge, with a rifled barrel.
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| 19 | | (nn) It shall be unlawful to possess any species of |
| 20 | | wildlife or wildlife parts taken unlawfully in Illinois, any |
| 21 | | other state, or any other country, whether or not the wildlife |
| 22 | | or wildlife parts is indigenous to Illinois. For the purposes |
| 23 | | of this subsection, the statute of limitations for unlawful |
| 24 | | possession of wildlife or wildlife parts shall not cease until |
| 25 | | 2 years after the possession has permanently ended. |
| 26 | | (oo) It shall be unlawful to use lead shotshells to take |