Bill Text: IL HB3755 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Amends the Wildlife Code. Includes wild swine as a protected species covered by the Code. Defines "wild swine" for purposes of the Code. Provides that wild swine may be taken by hunting methods at any time. Provides further that wild swine may be taken during the open season by use of a small light that is worn on the body or hand-held by a person not in any vehicle. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3755 Detail]

Download: Illinois-2021-HB3755-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB3755 Introduced , by Rep. Charles Meier SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2s-1 new
520 ILCS 5/2.2 from Ch. 61, par. 2.2
520 ILCS 5/2.30 from Ch. 61, par. 2.30
520 ILCS 5/2.33 from Ch. 61, par. 2.33
Amends the Wildlife Code. Includes wild swine as a protected species covered by the Code. Sets forth definitions of "wild swine" for purposes of the Code. Provides that wild swine may be taken by hunting methods at any time. Provides further that wild swine may be taken during the open season by use of a small light that is worn on the body or hand-held by a person not in any vehicle. Effectively immediately.
LRB102 05134 CMG 15155 b
A BILL FOR
HB3755 LRB102 05134 CMG 15155 b
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 2.30, 2.2, and 2.33 and by adding Section 1.2s-1 as
follows:
(520 ILCS 5/1.2s-1 new)
Sec. 1.2s-1. "Wild swine" means feral swine, Eurasian wild
boar (Sus scrofa, including subspecies), and hybrids between
feral swine and Eurasian wild boar. "Feral swine" means
populations or individuals of any swine that are unrestrained
and are living in a wild or free-roaming environment.
(520 ILCS 5/2.2) (from Ch. 61, par. 2.2)
Sec. 2.2. This Act shall apply only to the wild birds and
parts of wild birds (including, but not limited to, their
nests and eggs), and wild mammals and parts of wild mammals,
which shall include their green hides, in the State of
Illinois, or which may be brought into the State.
Wildlife protected by this Act, hereby defined as
protected species, include the following wild species and all
wild species contained in listed families, including, but not
limited to, groups of wild species preceding each family name:

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(except the House Sparrow, Passer domesticus; European
Starling, Sturnus vulgaris; and Rock Pigeon, Domestic Pigeon,
Columba livia; Purple Swamphen, Porphyrio porphyio; or Muscovy
Duck, Cairina moschata). GAME BIRDS-Ruffed grouse, Bonasa
umbellus; Sharp-tailed grouse, Tympanuchus phasianellus;
Northern Bobwhite, Colinus virginianus; Gray Partridge, Perdix
perdix; Chukar, Alectoris chukar; Ring-necked Pheasant,
Phasianus colchicus; Greater Prairie Chicken, Tympanuchus
cupido; Wild Turkey, Meleagris gallopavo. MIGRATORY GAME
BIRDS-Waterfowl including brant, ducks, geese, and swans,
Anatidae; wild species of the families Rallidae, Scolopacidae,
Columbidae, and Corvidae that may be legally hunted as
provided for in Section 2.18 of this Act. RESIDENT AND
MIGRATORY NON-GAME BIRDS-Loons, Gaviidae; grebes,
Podicipedidae; pelicans, Pelecanidae; gannets, Sulidae;
cormorants, Phalacrocoracidae; anhingas, Anhingidae;
frigatebirds, Fregatidae; herons, bitterns and egrets,
Ardeidae; ibises and spoonbills, Threskiornithidae; storks,
Ciconiidae; vultures, Cathartidae; kites, hawks, ospreys, and
eagles, Accipitridae; falcons, merlins, and kestrels,
Falconidae; rails, gallinules, and moorhens, which may not be
legally hunted, Rallidae; cranes, Gruidae; all shorebirds that
may not be legally hunted, of the families Charadriidae,
Scolopacidae, and Recurvirostridae gulls, terns, jaegers,
skimmers, and kittiwakes, Laridae; dovekies and murrelets,
Alcidae; doves and pigeons, which may not be legally hunted,

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Columbidae; cuckoos and anis, Cuculidae; owls, Tytonidae and
Strigidae; whip-poor-wills, chuck-will's-widows, and
nighthawks, Caprimulgidae; swifts, Apodidae; hummingbirds,
Trochilidae, Kingfishers, Alcedinidae; woodpeckers, flickers,
and sapsuckers, Picidae; kingbirds, pewees, phoebes, and
flycatchers, Tyrannidae shrikes, Laniidae; vireos, Vireonidae;
magpies, ravens, and jays, Corvidae; larks, Alaudidae;
swallows and martins, Hirundinidae; chickadees and titmice,
Paridae; nuthatches, Sittidae; creepers, Certhiidae; wrens,
Troglodytidae; kinglets, Regulidae; gnatcatchers, Sylviidae;
robins, bluebirds, solitaires, veerys, and thrushes, Turdidae;
mockingbirds, catbirds, and thrashers, Mimidae; pipits,
Motacillidae; waxwings, Bombycillidae; warblers, parulas,
redstarts, ovenbirds, waterthrushes, yellowthroats, and chats,
Parulidae; tanagers, Thraupidae; towhees, longspurs, sparrows,
buntings, and juncos, Emberizidae; dickcissels, cardinals,
buntings, and grosbeaks, Cardinalidae; blackbirds,
meadowlarks, bobolinks, grackles, cowbirds, and orioles,
Icteridae; grosbeaks, finches, crossbills, redpolls, and
siskins, Fringillidae. GAME MAMMALS-Woodchuck, Marmota monax;
Gray squirrel, Sciurus carolinensis; Fox squirrel, Sciurus
niger; Eastern cottontail, Sylvilagus floridanus; Swamp
rabbit, Sylvilagus aquaticus; White-tailed deer, Odocoileus
virginianus. FUR-BEARING MAMMALS-Muskrat, Ondatra zibethicus;
Beaver, Castor canadensis; Raccoon, Procyon lotor; Opossum,
Didelphis virginiana; Least weasel, Mustela nivalis;

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Long-tailed weasel, Mustela frenata; Mink, Mustela vison;
River otter, Lontra canadensis; Striped skunk, Mephitis
mephitis; Badger, Taxidea taxus; Red fox, Vulpes vulpes; Gray
fox, Urocyon cinereoargenteus; Coyote, Canis latrans; Bobcat,
Lynx rufus. OTHER MAMMALS-Flying squirrel, Glaucomys volans;
Red squirrel, Tamiasciurus hudsonicus; Eastern Woodrat,
Neotoma floridana; Golden Mouse, Ochrotomys nuttalli; Rice
Rat, Oryzomys palustris; Franklin's Ground Squirrel,
Spermophilus franklinii; Bats, Vespertilionidae; Gray wolf,
Canis lupus; American black bear, Ursus americanus; Cougar,
Puma concolor, wild swine.
It shall be unlawful for any person at any time to take,
possess, sell, or offer for sale, propagate, or release into
the wild, any of these wild birds (dead or alive) and parts of
wild birds (including, but not limited to, their nests and
eggs), wild mammals (dead or alive) and parts of wild mammals,
including their green hides contrary to the provisions of this
Act. However, nothing in this Act shall prohibit bona-fide
public or state scientific, educational or zoological
institutions from receiving, holding, and displaying protected
species that were salvaged or legally obtained.
It shall be unlawful for any person to take any other
living wildlife animal not covered by this Act without the
permission of the landowner or tenant.
(Source: P.A. 97-431, eff. 8-16-11; 98-1033, eff. 1-1-15.)

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(520 ILCS 5/2.30) (from Ch. 61, par. 2.30)
Sec. 2.30. Except as provided in this Section, it shall be
unlawful for any person to trap or to hunt with gun, dog, dog
and gun, or bow and arrow, gray fox, red fox, raccoon, weasel,
mink, muskrat, badger, bobcat, and opossum except during the
open season which will be set annually by the Director between
12:01 a.m., November 1 to 12:00 midnight, February 15, both
inclusive.
It shall be unlawful for any person to hunt or trap bobcat
in this State on and after the effective date of this
amendatory Act of the 100th General Assembly in the counties
of Boone, Bureau, Champaign, Cook, DeKalb, DeWitt, DuPage,
Ford, Grundy, Henry, Iroquois, Kane, Kankakee, Kendall, Knox,
Lake, LaSalle, Lee, Livingston, Logan, Marshall, McHenry,
McLean, Ogle, Peoria, Piatt, Putnam, Stark, Stephenson,
Vermilion, Will, Winnebago, and Woodford and north of U.S.
Route 36 in Edgar and Douglas and north of U.S. Route 36 to the
junction with Illinois Route 121 and north or east of Illinois
Route 121 in Macon. For the season beginning in 2017, a total
number of 350 bobcats may be hunted or trapped lawfully, or the
conclusion of the season occurs, whichever is earlier. For the
season beginning in 2018, a total number of 375 bobcats may be
hunted or trapped lawfully, or the conclusion of the season
occurs, whichever is earlier. The changes added to this
Section by this amendatory Act of the 100th General Assembly,
except for this sentence, are inoperative on and after June

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30, 2019.
It is unlawful to pursue any fur-bearing mammal with a dog
or dogs between the hours of sunset and sunrise during the 10
day period preceding the opening date of the raccoon hunting
season and the 10 day period following the closing date of the
raccoon hunting season except that the Department may issue
field trial permits in accordance with Section 2.34 of this
Act. A non-resident from a state with more restrictive
fur-bearer pursuit regulations for any particular species than
provided for that species in this Act may not pursue that
species in Illinois except during the period of time that
Illinois residents are allowed to pursue that species in the
non-resident's state of residence. Hound running areas
approved by the Department shall be exempt from the provisions
of this Section.
It shall be unlawful to take beaver, river otter, weasel,
mink, or muskrat except during the open season set annually by
the Director, and then, only with traps, except that a
firearm, pistol, or airgun of a caliber not larger than a .22
long rifle may be used to remove the animal from the trap.
It shall be unlawful for any person to trap beaver or river
otter with traps except during the open season which will be
set annually by the Director between 12:01 a.m., November 1st
and 12:00 midnight, March 31, both inclusive.
Coyote may be taken by trapping methods only during the
period from September 1 to March 1, both inclusive, and by

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hunting methods at any time.
Wild swine may be taken by hunting methods at any time.
Striped skunk may be taken by trapping methods only during
the period from September 1 to March 1, both inclusive, and by
hunting methods at any time.
Muskrat may be taken by trapping methods during an open
season set annually by the Director.
For the purpose of taking fur-bearing mammals, the State
may be divided into management zones by administrative rule.
It shall be unlawful to take or possess more than the
season limit or possession limit of fur-bearing mammals that
shall be set annually by the Director. The season limit for
bobcat shall not exceed one bobcat per permit. Possession
limits shall not apply to fur buyers, tanners, manufacturers,
and taxidermists, as defined by this Act, who possess
fur-bearing mammals in accordance with laws governing such
activities.
Nothing in this Section shall prohibit the taking or
possessing of fur-bearing mammals found dead or
unintentionally killed by a vehicle along a roadway during the
open season provided the person who possesses such fur-bearing
mammals has all appropriate licenses, stamps, or permits; the
season for which the species possessed is open; and that such
possession and disposal of such fur-bearing mammals is
otherwise subject to the provisions of this Section.
The provisions of this Section are subject to modification

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by administrative rule.
(Source: P.A. 99-33, eff. 1-1-16; 100-524, eff. 9-22-17;
100-779, eff. 8-10-18.)
(520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
Sec. 2.33. Prohibitions.
(a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
(b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
(c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
(d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
(e) (Blank).
(f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.

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(g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
(h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is
burning.
(i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for
the purpose of driving upon a roadway. Striped skunk, opossum,
red fox, gray fox, raccoon, bobcat, wild swine, and coyote may
be taken during the open season by use of a small light which
is worn on the body or hand-held by a person on foot and not in
any vehicle.
(j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species
protected by this Act.
(k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),

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wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided
for in Section 2.26 and other species as provided for by
subsection (l) or administrative rule.
(l) It is unlawful to take any species of wild game, except
white-tailed deer and fur-bearing mammals, with a shotgun
loaded with slugs unless otherwise provided for by
administrative rule.
(m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted
with a one piece plug that is irremovable without dismantling
the shotgun or otherwise altered to render it incapable of
holding more than 3 shells in the magazine and chamber,
combined.
(n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,

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unloaded guns or guns loaded with blank cartridges only, may
be carried on horseback while not contained in a case, or to
have or carry any bow or arrow device in or on any vehicle
unless such bow or arrow device is unstrung or enclosed in a
case, or otherwise made inoperable.
(o) (Blank).
(p) It is unlawful to take game birds, migratory game
birds or migratory waterfowl with a rifle, pistol, revolver or
airgun.
(q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
(r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
(s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
(t) It is unlawful for any person to take or attempt to
take any species of wildlife or parts thereof, intentionally
or wantonly allow a dog to hunt, within or upon the land of
another, or upon waters flowing over or standing on the land of
another, or to knowingly shoot a gun or bow and arrow device at
any wildlife physically on or flying over the property of
another without first obtaining permission from the owner or
the owner's designee. For the purposes of this Section, the

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owner's designee means anyone who the owner designates in a
written authorization and the authorization must contain (i)
the legal or common description of property for such authority
is given, (ii) the extent that the owner's designee is
authorized to make decisions regarding who is allowed to take
or attempt to take any species of wildlife or parts thereof,
and (iii) the owner's notarized signature. Before enforcing
this Section the law enforcement officer must have received
notice from the owner or the owner's designee of a violation of
this Section. Statements made to the law enforcement officer
regarding this notice shall not be rendered inadmissible by
the hearsay rule when offered for the purpose of showing the
required notice.
(u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow,
hunting with dog and shotgun using shot shells only, or
hunting with shotgun using shot shells only, or providing
outfitting services under a waterfowl outfitter permit, or on
licensed game breeding and hunting preserve areas, as defined
in Section 3.27, on federally owned and managed lands and on
Department owned, managed, leased, or controlled lands, a 100
yard restriction shall apply.

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(v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
(w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the
tracking of wounded deer with a dog in accordance with the
provisions of Section 2.26 of this Code.
(x) It is unlawful for any person to wantonly or
carelessly injure or destroy, in any manner whatsoever, any
real or personal property on the land of another while engaged
in hunting or trapping thereon.
(y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
(z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight
and otherwise irretrievable) protected by this Act when not
flying. Nothing in this Section shall prohibit a person from
carrying an uncased, unloaded shotgun in a boat, while in
pursuit of a crippled migratory waterfowl that is incapable of
normal flight, for the purpose of attempting to reduce the
migratory waterfowl to possession, provided that the attempt

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is made immediately upon downing the migratory waterfowl and
is done within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
(aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting
fur-bearing mammals, excluding coyotes.
(bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
(cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
(dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
(ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
(ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the

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gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color or solid
blaze pink color, with such articles of clothing displaying a
minimum of 400 square inches of blaze orange or solid blaze
pink color material.
(gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color or
solid blaze pink color. For purposes of this Act, upland game
is defined as Bobwhite Quail, Hungarian Partridge, Ring-necked
Pheasant, Eastern Cottontail and Swamp Rabbit.
(hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a bag limit without
making a reasonable effort to retrieve such species and
include such in the bag limit. It shall be unlawful for any
person having control over harvested game mammals, game birds,
or migratory game birds for which there is a bag limit to
wantonly waste or destroy the usable meat of the game, except
this shall not apply to wildlife taken under Sections 2.37 or
3.22 of this Code. For purposes of this subsection, "usable
meat" means the breast meat of a game bird or migratory game
bird and the hind ham and front shoulders of a game mammal. It
shall be unlawful for any person to place, leave, dump, or
abandon a wildlife carcass or parts of it along or upon a
public right-of-way or highway or on public or private

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property, including a waterway or stream, without the
permission of the owner or tenant. It shall not be unlawful to
discard game meat that is determined to be unfit for human
consumption.
(ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
(jj) (Blank).
(kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
persons with disabilities who meet the requirements set forth
in administrative rule to shoot or hunt from a vehicle as
provided by that rule, provided that such is otherwise in
accord with this Act.
(ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.

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(mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(nn) It shall be unlawful to possess any species of
wildlife or wildlife parts taken unlawfully in Illinois, any
other state, or any other country, whether or not the wildlife
or wildlife parts is indigenous to Illinois. For the purposes
of this subsection, the statute of limitations for unlawful
possession of wildlife or wildlife parts shall not cease until
2 years after the possession has permanently ended.
(Source: P.A. 99-33, eff. 1-1-16; 99-143, eff. 7-27-15;
99-642, eff. 7-28-16; 100-489, eff. 9-8-17; 100-949, eff.
1-1-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.