Bill Text: IL SB1533 | 2021-2022 | 102nd General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Passed) 2021-08-20 - Public Act . . . . . . . . . 102-0524 [SB1533 Detail]

Download: Illinois-2021-SB1533-Engrossed.html

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

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

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

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traps must be set within 10 feet of an inhabited bank burrow or
house and within 10 feet of a dam maintained by a beaver. No
beaver or other furbearer taken outside of the dates for the
furbearer trapping season may be sold. All animals must be
given to the nearest conservation officer or other Department
of Natural Resources representative within 48 hours after they
are caught. Furbearers taken during the fur trapping season
may be sold provided that they are taken by persons who have
valid trapping licenses in their possession and are lawfully
taken. The District must submit an annual report showing the
species and numbers of animals caught. The report must
indicate all species which were taken.
The location of traps or snares authorized under this
Section, either by the Department or any other governmental
body with the authority to control species protected by this
Code, shall be exempt from the provisions of the Freedom of
Information Act.
(Source: P.A. 97-813, eff. 7-13-12; 97-959, eff. 8-15-12;
98-1045, eff. 8-25-14.)
(520 ILCS 5/3.1-2) (from Ch. 61, par. 3.1-2)
Sec. 3.1-2. Veterans who, according to the determination
of the Veterans' Administration as certified by the Department
of Veterans' Affairs, are at least 10% disabled with
service-related disabilities or in receipt of total disability
pensions may hunt and trap any of the species protected by

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

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

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

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

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

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that the person thereon named has a Type 1 or Type 4, Class 2
disability shall be adequate documentation of such a
disability.
(Source: P.A. 100-638, eff. 1-1-19; 100-964, eff. 8-19-18;
101-81, eff. 7-12-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.