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91_HB3861
LRB9112132MWgc
1 AN ACT to amend the Wildlife Code by changing Section
2 2.26.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Wildlife Code is amended by changing
6 Section 2.26 as follows:
7 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
8 Sec. 2.26. Any person attempting to take deer shall
9 first obtain a "Deer Hunting Permit" in accordance with
10 prescribed regulations set forth in an Administrative Rule.
11 Deer Hunting Permits shall be issued by the Department. The
12 fee for a Deer Hunting Permit to take deer with either bow
13 and arrow or gun shall not exceed $15.00 for residents of the
14 State. The Department may by administrative rule provide for
15 non-resident deer hunting permits for which the fee will not
16 exceed $100 except as provided below for non-resident
17 landowners. Permits shall be issued without charge to:
18 (a) Illinois landowners residing in Illinois who
19 own at least 40 acres of Illinois land and wish to hunt
20 their land only,
21 (b) resident tenants of at least 40 acres of
22 commercial agricultural land where they will hunt, and
23 (c) shareholders of a corporation which owns at
24 least 40 acres of land in a county in Illinois who wish
25 to hunt on the corporation's land only. One permit shall
26 be issued without charge to one shareholder for each 40
27 acres of land owned by the corporation in a county;
28 however, the number of permits issued without charge to
29 shareholders of any corporation in any county shall not
30 exceed 15.
31 Bona fide landowners or tenants who do not wish to hunt
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1 only on the land they own, rent or lease or shareholders who
2 do not wish to hunt only on the land owned by the corporation
3 shall be charged the same fee as the applicant who is not a
4 landowner, tenant or shareholder. Nonresidents of Illinois
5 who own at least 40 acres of land and wish to hunt on their
6 land only shall be charged a fee set by administrative rule.
7 The method for obtaining these permits shall be prescribed by
8 administrative rule.
9 The deer hunting permit issued without fee shall be valid
10 on all farm lands which the person to whom it is issued owns,
11 leases or rents, except that in the case of a permit issued
12 to a shareholder, the permit shall be valid on all lands
13 owned by the corporation in the county.
14 The Department may set aside, in accordance with the
15 prescribed regulations set forth in an administrative rule of
16 the Department, a limited number of Deer Hunting Permits to
17 be available to persons providing evidence of a contractual
18 arrangement to hunt on properties controlled by a bona fide
19 Illinois outfitter. The number of available permits shall be
20 based on a percentage of unfilled permits remaining after the
21 previous year's lottery. Eligible outfitters shall be those
22 having membership in, and accreditation conferred by, a
23 professional association of outfitters approved by the
24 Department. The association shall be responsible for setting
25 professional standards and codes of conduct for its
26 membership, subject to Departmental approval. In addition to
27 the fee normally charged for resident and nonresident
28 permits, a reservation fee not to exceed $200 shall be
29 charged to the outfitter for each permit set aside in
30 accordance with this Act. The reservation fee shall be
31 deposited into the Wildlife and Fish Fund.
32 The standards and specifications for use of guns and bow
33 and arrow for deer hunting shall be established by
34 administrative rule.
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1 No person may have in his possession any firearm not
2 authorized by administrative rule for a specific hunting
3 season when taking deer.
4 Persons having a firearm deer hunting permit shall be
5 permitted to take deer only during the period from 1/2 hour
6 before sunrise to sunset, and only during those days for
7 which an open season is established for the taking of deer by
8 use of shotgun or muzzle loading rifle.
9 Persons having an archery deer hunting permit shall be
10 permitted to take deer only during the period from 1/2 hour
11 before sunrise to 1/2 hour after sunset, and only during
12 those days for which an open season is established for the
13 taking of deer by use of bow and arrow.
14 It shall be unlawful for any person to take deer by use
15 of dogs, horses, automobiles, aircraft or other vehicles, or
16 by the use of salt or bait of any kind. An area is
17 considered as baited during the presence of and for 10
18 consecutive days following the removal of bait.
19 It shall be unlawful to possess or transport any wild
20 deer which has been injured or killed in any manner upon a
21 public highway or public right-of-way of this State unless
22 exempted by administrative rule.
23 Persons hunting deer must have gun unloaded and no bow
24 and arrow device shall be carried with the arrow in the
25 nocked position during hours when deer hunting is unlawful.
26 It shall be unlawful for any person, having taken the
27 legal limit of deer by gun, to further participate with gun
28 in any deer hunting party.
29 It shall be unlawful for any person, having taken the
30 legal limit of deer by bow and arrow, to further participate
31 with bow and arrow in any deer hunting party.
32 The Department may prohibit upland game hunting during
33 the gun deer season by administrative rule.
34 It shall be legal for handicapped persons, as defined in
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1 Section 2.33, to utilize a crossbow device, as defined in
2 Department rules, to take deer.
3 Any person who violates any of the provisions of this
4 Section, including administrative rules, shall be guilty of a
5 Class B misdemeanor.
6 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
7 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)
8 Section 99. Effective date. This Act takes effect upon
9 becoming law.
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