Bill Text: IL HB2685 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Wildlife Code. Provides that except as provided in the Code, it is unlawful to have in his or her possession the green hides of fur bearing mammals without a valid hunting or trapping license. Provides that the annual fee for each resident fur buyer's permit (rather than a resident retail or wholesale fur buyer's permit) shall be $50.00 (rather than $25.00 for a resident retail fur buyer's permit or $125.00 for a resident wholesale fur buyer's permit). Provides that all fur buyers and non-resident auction participants shall maintain records of the receipt, collection, purchase, and sale of green hides of fur-bearing mammals. Provides that a record of each transaction shall be created at the time it is executed specifying the date, numbers, and kinds of green hides purchased, sold, or transferred, price paid for each green hide, if any, and the name, address, and Department customer identification number of the other party. Provides that a person who holds a fur tanner's permit is exempt from provisions for a resident fur buyer permit holder as long as the person is not engaged in the business of receiving green hides for the purpose of buying or selling the hides, whether green, dressed, processed, or tanned and the hides which have been tanned or processed are returned to the person who submitted the hides for processing or tanning. Repeals a provision regarding the receiving, collecting, or buying of green hides of fur-bearing or game mammals. Makes other conforming changes. Effective January 1, 2018.

Spectrum: Moderate Partisan Bill (Republican 6-1)

Status: (Enrolled) 2017-06-21 - Sent to the Governor [HB2685 Detail]

Download: Illinois-2017-HB2685-Enrolled.html



HB2685 EnrolledLRB100 10431 SLF 20638 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 2.35, 3.4, 3.11, 3.14, 3.15, 3.16, 3.16a, 3.18, 3.19,
6and 3.20 as follows:
7 (520 ILCS 5/2.35) (from Ch. 61, par. 2.35)
8 Sec. 2.35. Wild game birds or fur-bearing mammals. (a)
9Migratory game birds, or any part or parts thereof, may be
10possessed only in accordance with the regulations of the
11Federal Government.
12 (b) Except as provided in Sections 3.21, 3.23, 3.27, 3.28
13and 3.30 it is unlawful to possess wild game birds or wild game
14mammals or any parts thereof in excess of the legally
15established daily limit or possession limit, whichever
16applies.
17 (c) Except as provided in this Code Sections 3.11, 3.12,
183.15, 3.18, 3.21 and 3.25, it is unlawful to have in possession
19the green hides of fur-bearing mammals without a valid hunting
20or trapping license during the period within which it is
21unlawful to take such fur-bearing mammals in the State where
22taken, except during the open season provided and for an
23additional 20 days next succeeding such open season.

HB2685 Enrolled- 2 -LRB100 10431 SLF 20638 b
1 (d) Failure to establish proof of the legality of the
2possession in another state or country and of importation into
3this State the State of Illinois, shall be prima facie evidence
4that migratory game birds and game birds or any parts thereof,
5and fur-bearing mammals or any parts thereof, were taken within
6this State the State of Illinois.
7 (e) For all those species to which a daily or possession
8limit shall apply, each hunter shall maintain his bag of such
9species separately and distinctly from those of all other
10hunters.
11 (f) No person shall receive or have in custody any
12protected species belonging to another person, except in the
13personal abodes of the donor or recipient donee, unless such
14protected species are tagged in accordance with Section 2.30b
15of this Code or tagged with the hunter's or trapper's name, his
16address, the total number of species, and the date such species
17were taken.
18(Source: P.A. 88-416; 89-341, eff. 8-17-95.)
19 (520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
20 Sec. 3.4. Trapping licenses. Before a trapping license
21shall be issued to any person, such person shall make
22application to the Department or any county, city, village,
23township or incorporated town clerk or his or her duly
24designated agent upon an application form provided by the
25Department. This application shall be executed and sworn to and

HB2685 Enrolled- 3 -LRB100 10431 SLF 20638 b
1shall set forth the name and description of the applicant and
2his or her place of residence.
3 The fee for a trapping license for a resident of this State
4the State of Illinois shall be $10.00.
5 The Department may provide for non-resident trapping
6license provided that any non-resident shall be charged a fee
7of $175, and if the state in which the applicant resides does
8not provide for trapping mammals by Illinois residents, then
9the fee shall be $250.
10 Every person trapping mammals shall make a report properly
11sworn to, to the Department, upon blanks supplied by the
12Department for such purpose, of all hides of mammals taken,
13sold, shipped or dealt in, during the open seasons for mammals
14together with the names and addresses of the parties to whom
15the same were sold or shipped. Such report shall be made to the
16Department within 15 days after the close of the trapping
17season. Failure to report or filing false reports shall subject
18the person to the penalties provided in Section 3.5. Further,
19the Department may refuse to issue a trapping license for the
20following year to any person who has failed to file such a
21report.
22 All trapping licenses shall expire on March 31 of each
23year.
24(Source: P.A. 85-1181; 85-1209; 85-1440.)
25 (520 ILCS 5/3.11) (from Ch. 61, par. 3.11)

HB2685 Enrolled- 4 -LRB100 10431 SLF 20638 b
1 Sec. 3.11. Resident fur buyer permits. Any individual who
2is a resident of this State the State of Illinois, who, within
3this State the State of Illinois, receives, collects or buys,
4or who acts as an agent or broker in the receipt, collection or
5purchase of the green hides of fur-bearing mammals, protected
6by this Act, except an individual who is a resident retail fur
7buyer as defined in Section 3.12, shall be a resident wholesale
8fur buyer in the meaning of this Act. Resident wholesale fur
9buyer's permits shall be issued by the Department. The annual
10fee for each resident wholesale fur buyer's permit shall be
11$50.00 $125.00. All resident wholesale fur buyer permits shall
12expire on March 31 April 30 of each year. A holder of a valid
13resident wholesale fur buyer permit may buy, sell, possess,
14transport, and ship the green hides of any legally taken
15fur-bearing mammals from May 1 through April 30 next
16thereafter; provided, however, that failure to establish proof
17of the legality or origin of the green hides of fur-bearing
18mammals shall be prima facie evidence that such green hides of
19fur-bearing mammals are contraband within the State of
20Illinois. Nothing in this Section shall exempt any permittee
21from complying with to any federal laws, rules or regulations
22which may apply to the green hides of fur-bearing mammals. A
23person who holds a fur tanner's permit under Section 3.16 of
24this Code is exempt under this Section if the person is not
25engaged in the business of receiving green hides for the
26purpose of buying or selling the hides, whether green, dressed,

HB2685 Enrolled- 5 -LRB100 10431 SLF 20638 b
1processed, or tanned and the hides which have been tanned or
2processed are returned to the person who submitted the hides
3for processing or tanning.
4(Source: P.A. 89-341, eff. 8-17-95.)
5 (520 ILCS 5/3.14) (from Ch. 61, par. 3.14)
6 Sec. 3.14. Record keeping; fur buyers and non-resident
7auction participants. All fur buyers and non-resident auction
8participants shall maintain records of the receipt,
9collection, purchase, and sale of green hides of fur-bearing
10mammals. A record of each transaction shall be created at the
11time it is executed specifying the date, numbers, and kinds of
12green hides purchased, sold, or transferred, the price paid for
13each green hide, if any, and the name, address, and Department
14customer identification number of the other party. Records of
15transactions with non-residents may substitute the Department
16customer identification number with an equivalent identifier
17such as a license or permit number from the person's place of
18residence. Records of transactions shall be retained for 2
19years from the date of execution and shall be presented for
20inspection at any reasonable time a request is made by
21authorized employees of the Department or any sheriff, deputy
22sheriff, or peace officer. Failure to produce records of
23transactions for green hides shall be prima facie evidence that
24the green hides are contraband in this State. A numbered
25receipt shall be issued to the other party when purchasing

HB2685 Enrolled- 6 -LRB100 10431 SLF 20638 b
1green hides of fur-bearing mammals. The receipt shall specify
2the name and address of the person selling the green hides, the
3numbers and kinds of green hides sold, the price paid for each
4green hide, the date of the transaction, and the name of the
5fur buyer or non-resident auction participant. Any person
6receiving, collecting or buying green hides of fur-bearing or
7game mammals from a licensed resident retail, resident
8wholesale or non-resident fur buyer, fur-bearing mammal
9breeder or other fur vendor shall be furnished with a
10certificate by such buyer, breeder or vendor showing the number
11and kinds of such green hides received, collected or purchased,
12the date of the transaction, the name and address of the buyer,
13breeder, or vendor, the name and address of the person
14receiving, collecting or buying such green hides from such
15buyer breeder, or vendor, and any other information which the
16Department may require. The certificate, or certificates shall
17be immediately presented for inspection to officers and
18authorized employees of the Department, any sheriff, deputy
19sheriff, or any other peace officer when request is made for
20same. An invoice or export permit covering green hides of
21fur-bearing or game mammals originating in other states may be
22accepted in lieu of the certificates. Failure to produce such
23certificate, invoice or export permit shall be prima facie
24evidence that such green hides are contraband within the State
25of Illinois.
26(Source: P.A. 81-382.)

HB2685 Enrolled- 7 -LRB100 10431 SLF 20638 b
1 (520 ILCS 5/3.15) (from Ch. 61, par. 3.15)
2 Sec. 3.15. Purchase of green hides. Any manufacturer,
3converter, or consumer who purchases or receives green hides of
4fur-bearing or game mammals for the purpose of dressing and
5fabricating them into fur garments or products, shall purchase
6such green hides from a duly licensed fur buyer or fur-bearing
7mammal breeder, and shall demand from the buyer or breeder an
8invoice covering such purchases, indicating thereon the date of
9the transaction, the name and address of the fur buyer or
10fur-bearing mammal breeder, and the number and kinds of green
11hides so purchased. Such invoices shall be presented for
12inspection to officers and authorized employees of the
13Department, any sheriff, deputy sheriff, or any other peace
14officer when request is made for same. Failure to produce such
15invoice shall be prima facie evidence that such green hides are
16contraband within this State the State of Illinois.
17 Such purchases of green hides of fur-bearing or game
18mammals shall be made for converting or manufacturing purposes
19only, and green hides so bought shall not be offered for resale
20in the green or raw condition.
21 Such a manufacturer, converter or consumer may have the
22green hides of any legally taken fur-bearing or game mammals
23purchased from a licensed fur buyer or fur-bearing mammal
24breeder, in his possession at any time during the year,
25provided such green hides were purchased and are used for

HB2685 Enrolled- 8 -LRB100 10431 SLF 20638 b
1manufacturing purposes only.
2(Source: P.A. 81-382.)
3 (520 ILCS 5/3.16) (from Ch. 61, par. 3.16)
4 Sec. 3.16. Fur tanner permits. Any individual, who for
5other individuals, engages in the business of dressing, dyeing
6or tanning the green hides of fur-bearing or game mammals,
7protected by this Act, shall be a fur tanner in the meaning of
8this Act. Before any individual shall engage in the business of
9dressing, dyeing, or tanning green hides of fur-bearing or game
10mammals, for any other individual, he or she shall first
11procure a fur tanner permit. Fur tanner permits shall be issued
12by the Department. The annual fee for each fur tanner's permit
13shall be $25.00. All fur tanner permits shall expire on March
1431st of each year. Any fur tanner who receives or collects
15green hides shall require an affidavit from the shipper or
16consignor, stating that said green hides were taken according
17to regulations of the state where they were taken, a
18certificate of purchase as provided for in Section 3.14 or an
19invoice as provided for in Section 3.15. The Such affidavit,
20certificate of purchase, or invoice shall show the name and
21address of the individual from whom the green hides were
22received or collected and the such records shall be kept by the
23fur tanner for a minimum period of one year following the date
24of receipt or collection. The Such affidavit, certificate of
25purchase, or invoice shall be immediately presented for

HB2685 Enrolled- 9 -LRB100 10431 SLF 20638 b
1inspection to officers and authorized employees of the
2Department, any sheriff, deputy sheriff, or any other peace
3officer upon when request is made for same. Failure to produce
4such affidavit, certificate of purchase, or invoice shall be
5prima facie evidence that such green hides are contraband
6within this State the State of Illinois. Upon receipt by the
7fur tanner of any green hide not accompanied by an affidavit,
8certificate of purchase or invoice, the fur tanner shall notify
9the shipper or consignor in writing of the requirement. The fur
10tanner shall then hold green hides until an affidavit,
11certificate of purchase, or invoice is received. The Such green
12hides shall be labeled with the name and address of the shipper
13or consignor, date of receipt, and the date notification was
14sent to the shipper or consignor. If the shipper or consignor
15shall fail to furnish the said affidavit, certificate of
16purchase, or invoice within 30 days from the date of receipt of
17the green hides, the fur tanner shall notify the Department and
18green hides shall be disposed of in accordance with
19instructions from the Department. Additional Federal
20regulations may apply to the hides of certain endangered
21species.
22(Source: P.A. 84-150.)
23 (520 ILCS 5/3.16a)
24 Sec. 3.16a. Non-resident auction participation permit;
25fee. Any individual who is not a resident of this State the

HB2685 Enrolled- 10 -LRB100 10431 SLF 20638 b
1State of Illinois and does not possess a non-resident fur buyer
2permit must obtain a non-resident auction participation permit
3to receive, collect, buy, or act as an agent or broker in the
4receipt, collection, or purchase of the green hides of
5fur-bearing mammals at auctions organized for these purposes
6within this State the State of Illinois. Non-resident auction
7participation permits shall be issued by the Department. The
8annual fee for each non-resident auction participation permit
9is $50. Non-resident auction participation permits expire on
10March 31 April 30. A holder of a valid non-resident auction
11participation permit may receive, collect, buy, possess,
12transport, or act as an agent or broker in the receipt,
13collection, or purchase of legally taken fur-bearing mammals
14from May 1 through the next April 30. Failure to establish
15proof of legality or origin of the green hides of fur-bearing
16mammals, however, is prima facie evidence that the green hides
17are contraband within this State the State of Illinois. Nothing
18in this Section exempts any permittee from complying with any
19federal laws, rules, or regulations that may apply to the green
20hides of fur-bearing mammals.
21(Source: P.A. 94-212, eff. 1-1-06.)
22 (520 ILCS 5/3.18) (from Ch. 61, par. 3.18)
23 Sec. 3.18. Non-resident fur buyers. Any individual not a
24resident of this State the State of Illinois, who, within this
25the State of Illinois, receives, collects or buys, or who acts

HB2685 Enrolled- 11 -LRB100 10431 SLF 20638 b
1as an agent or broker in the receipt, collection or purchase of
2the green hides of fur-bearing mammals, protected by this Act,
3shall be a non-resident fur buyer in the meaning of this Act.
4Non-resident fur buyer permits shall be issued by the
5Department. Non-resident fur buyers must obtain a non-resident
6fur buyer permit before receiving, collecting, or purchasing
7the green hides of fur-bearing mammals within this State except
8that a non-resident fur buyer permit shall not be required for
9purchasing the green hides of fur-bearing mammals from resident
10wholesale fur buyers and resident retail fur buyers as defined
11in Section Sections 3.11 and 3.12. The annual fee for each
12non-resident nonresident fur buyer permit shall be $250.00. All
13non-resident fur buyer permits shall expire on March 31 April
1430 of each year. A non-resident nonresident fur buyer may buy,
15sell, possess, transport and ship the green hides of any
16legally taken fur-bearing mammals from May 1 through April 30
17next thereafter; provided, however, that failure to establish
18proof of the legality of or origin of the green hides of
19fur-bearing mammals shall be prima facie evidence that such
20green hides of fur-bearing mammals are contraband within this
21State the State of Illinois. Nothing in this Section shall be
22construed to remove such permittee from responsibility for the
23observance of any federal laws, rules or regulations which may
24apply to the green hides of fur-bearing mammals.
25(Source: P.A. 89-341, eff. 8-17-95.)

HB2685 Enrolled- 12 -LRB100 10431 SLF 20638 b
1 (520 ILCS 5/3.19) (from Ch. 61, par. 3.19)
2 Sec. 3.19. Permit requirements. Each resident retail fur
3buyer, resident wholesale fur buyer, nonresident fur buyer,
4non-resident auction participant, fur bearing mammal breeder,
5or fur tanner shall have his or her permit in his or her
6possession when receiving, collecting, buying, selling, or
7offering for sale, the green hides of fur-bearing or game
8mammals or accepting the same for dressing, dyeing, or tanning,
9and shall immediately produce the same when requested to do so
10by an officer or authorized employees of the Department, any
11sheriff, deputy sheriff or any other peace officer. Persons
12conducting organized and established auction sales or the green
13hides of fur-bearing or game mammals, protected by this Act,
14shall be exempt from the provisions of this Section.
15(Source: P.A. 94-212, eff. 1-1-06.)
16 (520 ILCS 5/3.20) (from Ch. 61, par. 3.20)
17 Sec. 3.20. Reporting; fur buyers and non-resident auction
18participants. All fur buyers and non-resident auction
19participants, shall, upon purchasing any green hide of any
20fur-bearing mammal, protected by this Act, issue a numbered
21receipt to the hunter, trapper, fur buyer, fur-bearing mammal
22breeder or other person from whom he purchased such hides,
23setting forth the number and kinds of green hides, the date of
24purchase, the price paid for each hide, the name and address of
25the hunter, trapper, fur buyer, fur-bearing mammal breeder or

HB2685 Enrolled- 13 -LRB100 10431 SLF 20638 b
1other person from whom he purchased such hides, and the
2appropriate license number or stamp number of the hunter,
3trapper, fur buyer, fur-bearing mammal breeder or other person
4from whom the hides were purchased, if applicable. The original
5receipt shall be retained by the fur buyer for a minimum of 2
6years from the date of purchase listed on the receipt. A
7duplicate receipt shall be given to the hunter, trapper, fur
8buyer, fur-bearing mammal breeder or other person from whom the
9green hides were purchased at the time of purchase.
10 All fur buyers and non-resident auction participants shall
11submit a report to the Department on forms provided by the
12Department showing the number and kinds of all green hides of
13fur-bearing mammals received, collected or purchased, and the
14average price, if any, paid therefore and such other
15information as required by the Department. This report shall be
16made on or before May 10 of each year and shall include all
17operations for the 12 months preceding May 1 of the current
18year. All such receipts, reports, and records required by this
19Section shall be available for inspection by any officer or
20authorized employee of the Department, any sheriff, deputy
21sheriff, or any other peace officer at any reasonable time when
22request is made for same. Failure to comply with the provisions
23of this Section shall bar the permittee from obtaining a fur
24buyer or non-resident auction participant permit for the
25following year.
26(Source: P.A. 94-212, eff. 1-1-06.)

HB2685 Enrolled- 14 -LRB100 10431 SLF 20638 b
1 (520 ILCS 5/3.12 rep.)
2 Section 10. The Wildlife Code is amended by repealing
3Section 3.12.
4 Section 99. Effective date. This Act takes effect January
51, 2018.
feedback