Bill Text: IL SB1985 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Wildlife Code. Provides that it shall be unlawful to use lead ammunition to take wildlife in State parks or natural areas. Defines "lead ammunition" as a projectile containing one or more percent lead by weight. Makes conforming changes. Effective immediately.

Spectrum: Partisan Bill (Democrat 10-0)

Status: (Introduced) 2017-08-04 - Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1985 Detail]

Download: Illinois-2017-SB1985-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB1985

Introduced 2/10/2017, by Sen. Don Harmon

SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2k-1 new
520 ILCS 5/2.18-1 from Ch. 61, par. 2.18-1
520 ILCS 5/2.33 from Ch. 61, par. 2.33

Amends the Wildlife Code. Provides that it shall be unlawful to use lead ammunition to take wildlife in State parks or natural areas. Defines "lead ammunition" as a projectile containing one or more percent lead by weight. Makes conforming changes. Effective immediately.
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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 changing
5Sections 2.18-1 and 2.33 and by adding Section 1.2k-1 as
6follows:
7 (520 ILCS 5/1.2k-1 new)
8 Sec. 1.2k-1. Lead ammunition. "Lead ammunition" means a
9projectile containing one or more percent lead by weight.
10 (520 ILCS 5/2.18-1) (from Ch. 61, par. 2.18-1)
11 Sec. 2.18-1. (a) It shall be lawful for any person who
12holds the licenses, permits and stamps required by this Act for
13the taking of migratory waterfowl to use, in addition to or in
14lieu of any other authorized ammunition, either lead or steel
15shotgun pellets in taking such waterfowl at any location in the
16State where the hunting of migratory waterfowl is authorized,
17except as provided under subsection (b) of this Section and at
18specific sites where there are documented cases of lead
19poisoning of waterfowl and all alternative methods of
20alleviating lead poisoning (such as dewatering, flooding
21and/or tillage) have been determined to be unsuccessful in
22preventing lead poisoning losses of waterfowl. At such specific

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1sites, shot shell ammunition containing non-toxic pellets,
2such as steel, shall be used. These specific sites may be
3designated by the Department after statewide public hearings
4have been conducted and the results of such hearings have been
5reviewed.
6 (b) The Department shall be authorized to designate by
7rule, pursuant to the Illinois Administrative Procedure Act,
8areas that shall be limited to the use of non-toxic pellets;
9provided, however, that such authorization shall only exist for
10those areas which the federal government has mandated shall be
11closed to all waterfowl hunting unless the State agrees to the
12prohibition of the use of toxic shotgun pellets.
13 No State agency shall issue or make any rule, regulation,
14order or agreement which is in conflict with this Section.
15(Source: P.A. 91-357, eff. 7-29-99.)
16 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
17 Sec. 2.33. Prohibitions.
18 (a) It is unlawful to carry or possess any gun in any State
19refuge unless otherwise permitted by administrative rule.
20 (b) It is unlawful to use or possess any snare or
21snare-like device, deadfall, net, or pit trap to take any
22species, except that snares not powered by springs or other
23mechanical devices may be used to trap fur-bearing mammals, in
24water sets only, if at least one-half of the snare noose is
25located underwater at all times.

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1 (c) It is unlawful for any person at any time to take a
2wild mammal protected by this Act from its den by means of any
3mechanical device, spade, or digging device or to use smoke or
4other gases to dislodge or remove such mammal except as
5provided in Section 2.37.
6 (d) It is unlawful to use a ferret or any other small
7mammal which is used in the same or similar manner for which
8ferrets are used for the purpose of frightening or driving any
9mammals from their dens or hiding places.
10 (e) (Blank).
11 (f) It is unlawful to use spears, gigs, hooks or any like
12device to take any species protected by this Act.
13 (g) It is unlawful to use poisons, chemicals or explosives
14for the purpose of taking any species protected by this Act.
15 (h) It is unlawful to hunt adjacent to or near any peat,
16grass, brush or other inflammable substance when it is burning.
17 (i) It is unlawful to take, pursue or intentionally harass
18or disturb in any manner any wild birds or mammals by use or
19aid of any vehicle or conveyance, except as permitted by the
20Code of Federal Regulations for the taking of waterfowl. It is
21also unlawful to use the lights of any vehicle or conveyance or
22any light from or any light connected to the vehicle or
23conveyance in any area where wildlife may be found except in
24accordance with Section 2.37 of this Act; however, nothing in
25this Section shall prohibit the normal use of headlamps for the
26purpose of driving upon a roadway. Striped skunk, opossum, red

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1fox, gray fox, raccoon, bobcat, and coyote may be taken during
2the open season by use of a small light which is worn on the
3body or hand-held by a person on foot and not in any vehicle.
4 (j) It is unlawful to use any shotgun larger than 10 gauge
5while taking or attempting to take any of the species protected
6by this Act.
7 (k) It is unlawful to use or possess in the field any
8shotgun shell loaded with a shot size larger than lead BB or
9steel T (.20 diameter) when taking or attempting to take any
10species of wild game mammals (excluding white-tailed deer),
11wild game birds, migratory waterfowl or migratory game birds
12protected by this Act, except white-tailed deer as provided for
13in Section 2.26 and other species as provided for by subsection
14(l) or administrative rule.
15 (l) It is unlawful to take any species of wild game, except
16white-tailed deer and fur-bearing mammals, with a shotgun
17loaded with slugs unless otherwise provided for by
18administrative rule.
19 (m) It is unlawful to use any shotgun capable of holding
20more than 3 shells in the magazine or chamber combined, except
21on game breeding and hunting preserve areas licensed under
22Section 3.27 and except as permitted by the Code of Federal
23Regulations for the taking of waterfowl. If the shotgun is
24capable of holding more than 3 shells, it shall, while being
25used on an area other than a game breeding and shooting
26preserve area licensed pursuant to Section 3.27, be fitted with

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1a one piece plug that is irremovable without dismantling the
2shotgun or otherwise altered to render it incapable of holding
3more than 3 shells in the magazine and chamber, combined.
4 (n) It is unlawful for any person, except persons who
5possess a permit to hunt from a vehicle as provided in this
6Section and persons otherwise permitted by law, to have or
7carry any gun in or on any vehicle, conveyance or aircraft,
8unless such gun is unloaded and enclosed in a case, except that
9at field trials authorized by Section 2.34 of this Act,
10unloaded guns or guns loaded with blank cartridges only, may be
11carried on horseback while not contained in a case, or to have
12or carry any bow or arrow device in or on any vehicle unless
13such bow or arrow device is unstrung or enclosed in a case, or
14otherwise made inoperable.
15 (o) It is unlawful to use any crossbow for the purpose of
16taking any wild birds or mammals, except as provided for in
17Section 2.5.
18 (p) It is unlawful to take game birds, migratory game birds
19or migratory waterfowl with a rifle, pistol, revolver or
20airgun.
21 (q) It is unlawful to fire a rifle, pistol, revolver or
22airgun on, over or into any waters of this State, including
23frozen waters.
24 (r) It is unlawful to discharge any gun or bow and arrow
25device along, upon, across, or from any public right-of-way or
26highway in this State.

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1 (s) It is unlawful to use a silencer or other device to
2muffle or mute the sound of the explosion or report resulting
3from the firing of any gun.
4 (t) It is unlawful for any person to take or attempt to
5take any species of wildlife or parts thereof, intentionally or
6wantonly allow a dog to hunt, within or upon the land of
7another, or upon waters flowing over or standing on the land of
8another, or to knowingly shoot a gun or bow and arrow device at
9any wildlife physically on or flying over the property of
10another without first obtaining permission from the owner or
11the owner's designee. For the purposes of this Section, the
12owner's designee means anyone who the owner designates in a
13written authorization and the authorization must contain (i)
14the legal or common description of property for such authority
15is given, (ii) the extent that the owner's designee is
16authorized to make decisions regarding who is allowed to take
17or attempt to take any species of wildlife or parts thereof,
18and (iii) the owner's notarized signature. Before enforcing
19this Section the law enforcement officer must have received
20notice from the owner or the owner's designee of a violation of
21this Section. Statements made to the law enforcement officer
22regarding this notice shall not be rendered inadmissible by the
23hearsay rule when offered for the purpose of showing the
24required notice.
25 (u) It is unlawful for any person to discharge any firearm
26for the purpose of taking any of the species protected by this

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1Act, or hunt with gun or dog, or intentionally or wantonly
2allow a dog to hunt, within 300 yards of an inhabited dwelling
3without first obtaining permission from the owner or tenant,
4except that while trapping, hunting with bow and arrow, hunting
5with dog and shotgun using shot shells only, or hunting with
6shotgun using shot shells only, or providing outfitting
7services under a waterfowl outfitter permit, or on licensed
8game breeding and hunting preserve areas, as defined in Section
93.27, on federally owned and managed lands and on Department
10owned, managed, leased, or controlled lands, a 100 yard
11restriction shall apply.
12 (v) It is unlawful for any person to remove fur-bearing
13mammals from, or to move or disturb in any manner, the traps
14owned by another person without written authorization of the
15owner to do so.
16 (w) It is unlawful for any owner of a dog to knowingly or
17wantonly allow his or her dog to pursue, harass or kill deer,
18except that nothing in this Section shall prohibit the tracking
19of wounded deer with a dog in accordance with the provisions of
20Section 2.26 of this Code.
21 (x) It is unlawful for any person to wantonly or carelessly
22injure or destroy, in any manner whatsoever, any real or
23personal property on the land of another while engaged in
24hunting or trapping thereon.
25 (y) It is unlawful to hunt wild game protected by this Act
26between one half hour after sunset and one half hour before

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1sunrise, except that hunting hours between one half hour after
2sunset and one half hour before sunrise may be established by
3administrative rule for fur-bearing mammals.
4 (z) It is unlawful to take any game bird (excluding wild
5turkeys and crippled pheasants not capable of normal flight and
6otherwise irretrievable) protected by this Act when not flying.
7Nothing in this Section shall prohibit a person from carrying
8an uncased, unloaded shotgun in a boat, while in pursuit of a
9crippled migratory waterfowl that is incapable of normal
10flight, for the purpose of attempting to reduce the migratory
11waterfowl to possession, provided that the attempt is made
12immediately upon downing the migratory waterfowl and is done
13within 400 yards of the blind from which the migratory
14waterfowl was downed. This exception shall apply only to
15migratory game birds that are not capable of normal flight.
16Migratory waterfowl that are crippled may be taken only with a
17shotgun as regulated by subsection (j) of this Section using
18shotgun shells as regulated in subsection (k) of this Section.
19 (aa) It is unlawful to use or possess any device that may
20be used for tree climbing or cutting, while hunting fur-bearing
21mammals, excluding coyotes.
22 (bb) It is unlawful for any person, except licensed game
23breeders, pursuant to Section 2.29 to import, carry into, or
24possess alive in this State any species of wildlife taken
25outside of this State, without obtaining permission to do so
26from the Director.

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1 (cc) It is unlawful for any person to have in his or her
2possession any freshly killed species protected by this Act
3during the season closed for taking.
4 (dd) It is unlawful to take any species protected by this
5Act and retain it alive except as provided by administrative
6rule.
7 (ee) It is unlawful to possess any rifle while in the field
8during gun deer season except as provided in Section 2.26 and
9administrative rules.
10 (ff) It is unlawful for any person to take any species
11protected by this Act, except migratory waterfowl, during the
12gun deer hunting season in those counties open to gun deer
13hunting, unless he or she wears, when in the field, a cap and
14upper outer garment of a solid blaze orange color, with such
15articles of clothing displaying a minimum of 400 square inches
16of blaze orange material.
17 (gg) It is unlawful during the upland game season for any
18person to take upland game with a firearm unless he or she
19wears, while in the field, a cap of solid blaze orange color.
20For purposes of this Act, upland game is defined as Bobwhite
21Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
22Cottontail and Swamp Rabbit.
23 (hh) It shall be unlawful to kill or cripple any species
24protected by this Act for which there is a bag limit without
25making a reasonable effort to retrieve such species and include
26such in the bag limit. It shall be unlawful for any person

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1having control over harvested game mammals, game birds, or
2migratory game birds for which there is a bag limit to wantonly
3waste or destroy the usable meat of the game, except this shall
4not apply to wildlife taken under Sections 2.37 or 3.22 of this
5Code. For purposes of this subsection, "usable meat" means the
6breast meat of a game bird or migratory game bird and the hind
7ham and front shoulders of a game mammal. It shall be unlawful
8for any person to place, leave, dump, or abandon a wildlife
9carcass or parts of it along or upon a public right-of-way or
10highway or on public or private property, including a waterway
11or stream, without the permission of the owner or tenant. It
12shall not be unlawful to discard game meat that is determined
13to be unfit for human consumption.
14 (ii) This Section shall apply only to those species
15protected by this Act taken within the State. Any species or
16any parts thereof, legally taken in and transported from other
17states or countries, may be possessed within the State, except
18as provided in this Section and Sections 2.35, 2.36 and 3.21.
19 (jj) (Blank).
20 (kk) Nothing contained in this Section shall prohibit the
21Director from issuing permits to paraplegics or to other
22persons with disabilities who meet the requirements set forth
23in administrative rule to shoot or hunt from a vehicle as
24provided by that rule, provided that such is otherwise in
25accord with this Act.
26 (ll) Nothing contained in this Act shall prohibit the

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1taking of aquatic life protected by the Fish and Aquatic Life
2Code or birds and mammals protected by this Act, except deer
3and fur-bearing mammals, from a boat not camouflaged or
4disguised to alter its identity or to further provide a place
5of concealment and not propelled by sail or mechanical power.
6However, only shotguns not larger than 10 gauge nor smaller
7than .410 bore loaded with not more than 3 shells of a shot
8size no larger than lead BB or steel T (.20 diameter) may be
9used to take species protected by this Act.
10 (mm) Nothing contained in this Act shall prohibit the use
11of a shotgun, not larger than 10 gauge nor smaller than a 20
12gauge, with a rifled barrel.
13 (nn) It shall be unlawful to possess any species of
14wildlife or wildlife parts taken unlawfully in Illinois, any
15other state, or any other country, whether or not the wildlife
16or wildlife parts is indigenous to Illinois. For the purposes
17of this subsection, the statute of limitations for unlawful
18possession of wildlife or wildlife parts shall not cease until
192 years after the possession has permanently ended.
20 (oo) It shall be unlawful to use lead ammunition to take
21wildlife in State parks or protected natural areas.
22(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
23eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
24eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
25eff. 7-28-16.)
26 Section 99. Effective date. This Act takes effect upon

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1becoming law.
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