101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5542

 

Introduced , by Rep. Norine K. Hammond

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Provides that during the pilot program that creates the special 3-day, youth-only firearm deer hunting season, one day of the 3 days shall be reserved for children with disabilities. Provides that the one day youth-only firearm deer hunting season reserved for children with disabilities shall apply to all counties located in the State. Provides that all provisions of the pilot program are inoperative on and after January 1, 2023. Effective June 1, 2020.


LRB101 17753 CMG 69857 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5542LRB101 17753 CMG 69857 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 Section
52.26 as follows:
 
6    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
7    (Text of Section before amendment by P.A. 101-444)
8    Sec. 2.26. Deer hunting permits. Any person attempting to
9take deer shall first obtain a "Deer Hunting Permit" issued by
10the Department in accordance with its administrative rules.
11Those rules must provide for the issuance of the following
12types of resident deer archery permits: (i) a combination
13permit, consisting of one either-sex permit and one
14antlerless-only permit, (ii) a single antlerless-only permit,
15and (iii) a single either-sex permit. The fee for a Deer
16Hunting Permit to take deer with either bow and arrow or gun
17shall not exceed $25.00 for residents of the State. The
18Department may by administrative rule provide for non-resident
19deer hunting permits for which the fee will not exceed $300 in
202005, $350 in 2006, and $400 in 2007 and thereafter except as
21provided below for non-resident landowners and non-resident
22archery hunters. The Department may by administrative rule
23provide for a non-resident archery deer permit consisting of

 

 

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1not more than 2 harvest tags at a total cost not to exceed $325
2in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
3fees for a youth resident and non-resident archery deer permit
4shall be the same.
5    The standards and specifications for use of guns and bow
6and arrow for deer hunting shall be established by
7administrative rule.
8    No person may have in his or her possession any firearm not
9authorized by administrative rule for a specific hunting season
10when taking deer.
11    Persons having a firearm deer hunting permit shall be
12permitted to take deer only during the period from 1/2 hour
13before sunrise to 1/2 hour after sunset, and only during those
14days for which an open season is established for the taking of
15deer by use of shotgun, handgun, or muzzle loading rifle.
16    Persons having an archery deer hunting permit shall be
17permitted to take deer only during the period from 1/2 hour
18before sunrise to 1/2 hour after sunset, and only during those
19days for which an open season is established for the taking of
20deer by use of bow and arrow.
21    It shall be unlawful for any person to take deer by use of
22dogs, horses, automobiles, aircraft or other vehicles, or by
23the use or aid of bait or baiting of any kind. For the purposes
24of this Section, "bait" means any material, whether liquid or
25solid, including food, salt, minerals, and other products,
26except pure water, that can be ingested, placed, or scattered

 

 

HB5542- 3 -LRB101 17753 CMG 69857 b

1in such a manner as to attract or lure white-tailed deer.
2"Baiting" means the placement or scattering of bait to attract
3deer. An area is considered as baited during the presence of
4and for 10 consecutive days following the removal of bait.
5Nothing in this Section shall prohibit the use of a dog to
6track wounded deer. Any person using a dog for tracking wounded
7deer must maintain physical control of the dog at all times by
8means of a maximum 50 foot lead attached to the dog's collar or
9harness. Tracking wounded deer is permissible at night, but at
10no time outside of legal deer hunting hours or seasons shall
11any person handling or accompanying a dog being used for
12tracking wounded deer be in possession of any firearm or
13archery device. Persons tracking wounded deer with a dog during
14the firearm deer seasons shall wear blaze orange or solid blaze
15pink color as required. Dog handlers tracking wounded deer with
16a dog are exempt from hunting license and deer permit
17requirements so long as they are accompanied by the licensed
18deer hunter who wounded the deer.
19    It shall be unlawful to possess or transport any wild deer
20which has been injured or killed in any manner upon a public
21highway or public right-of-way of this State unless exempted by
22administrative rule.
23    Persons hunting deer must have gun unloaded and no bow and
24arrow device shall be carried with the arrow in the nocked
25position during hours when deer hunting is unlawful.
26    It shall be unlawful for any person, having taken the legal

 

 

HB5542- 4 -LRB101 17753 CMG 69857 b

1limit of deer by gun, to further participate with gun in any
2deer hunting party.
3    It shall be unlawful for any person, having taken the legal
4limit of deer by bow and arrow, to further participate with bow
5and arrow in any deer hunting party.
6    The Department may prohibit upland game hunting during the
7gun deer season by administrative rule.
8    The Department shall not limit the number of non-resident,
9either-sex archery deer hunting permits to less than 20,000.
10    Any person who violates any of the provisions of this
11Section, including administrative rules, shall be guilty of a
12Class B misdemeanor.
13    For the purposes of calculating acreage under this Section,
14the Department shall, after determining the total acreage of
15the applicable tract or tracts of land, round remaining
16fractional portions of an acre greater than or equal to half of
17an acre up to the next whole acre.
18    For the purposes of taking white-tailed deer, nothing in
19this Section shall be construed to prevent the manipulation,
20including mowing or cutting, of standing crops as a normal
21agricultural or soil stabilization practice, food plots, or
22normal agricultural practices, including planting, harvesting,
23and maintenance such as cultivating or the use of products
24designed for scent only and not capable of ingestion, solid or
25liquid, placed or scattered, in such a manner as to attract or
26lure deer. Such manipulation for the purpose of taking

 

 

HB5542- 5 -LRB101 17753 CMG 69857 b

1white-tailed deer may be further modified by administrative
2rule.
3(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
4101-81, eff. 7-12-19.)
 
5    (Text of Section after amendment by P.A. 101-444)
6    Sec. 2.26. Deer hunting permits. Any person attempting to
7take deer shall first obtain a "Deer Hunting Permit" issued by
8the Department in accordance with its administrative rules.
9Those rules must provide for the issuance of the following
10types of resident deer archery permits: (i) a combination
11permit, consisting of one either-sex permit and one
12antlerless-only permit, (ii) a single antlerless-only permit,
13and (iii) a single either-sex permit. The fee for a Deer
14Hunting Permit to take deer with either bow and arrow or gun
15shall not exceed $25.00 for residents of the State. The
16Department may by administrative rule provide for non-resident
17deer hunting permits for which the fee will not exceed $300 in
182005, $350 in 2006, and $400 in 2007 and thereafter except as
19provided below for non-resident landowners and non-resident
20archery hunters. The Department may by administrative rule
21provide for a non-resident archery deer permit consisting of
22not more than 2 harvest tags at a total cost not to exceed $325
23in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
24fees for a youth resident and non-resident archery deer permit
25shall be the same.

 

 

HB5542- 6 -LRB101 17753 CMG 69857 b

1    The Department shall create a pilot program during the
2special 3-day, youth-only deer hunting season to allow for
3youth deer hunting permits that are valid statewide, excluding
4those counties or portions of counties closed to firearm deer
5hunting. During this special 3-day, youth-only firearm deer
6hunting season, one day of the 3 days shall be reserved for
7children with disabilities on the condition that their
8respective disabilities do not prevent them from hunting in a
9manner that is safe to themselves and others. The one day
10youth-only firearm deer hunting season reserved for children
11with disabilities shall apply to all counties located in the
12State. For the purposes of this Section, "children with
13disabilities" means a "child with a disability" as defined by
14the federal Individuals with Disabilities Education
15Improvement Act of 2004. The Department shall adopt rules to
16implement the pilot program. Nothing in this paragraph shall be
17construed to prohibit the Department from issuing Special Hunt
18Area Permits for the youth-only deer hunting season or
19establishing, through administrative rule, additional
20requirements pertaining to the youth-only deer hunting season
21on Department-owned or Department-managed sites, including
22site-specific quotas or drawings. The provisions of this
23paragraph are inoperative on and after January 1, 2023.
24    The standards and specifications for use of guns and bow
25and arrow for deer hunting shall be established by
26administrative rule.

 

 

HB5542- 7 -LRB101 17753 CMG 69857 b

1    No person may have in his or her possession any firearm not
2authorized by administrative rule for a specific hunting season
3when taking deer.
4    Persons having a firearm deer hunting permit shall be
5permitted to take deer only during the period from 1/2 hour
6before sunrise to 1/2 hour after sunset, and only during those
7days for which an open season is established for the taking of
8deer by use of shotgun, handgun, or muzzle loading rifle.
9    Persons having an archery deer hunting permit shall be
10permitted to take deer only during the period from 1/2 hour
11before sunrise to 1/2 hour after sunset, and only during those
12days for which an open season is established for the taking of
13deer by use of bow and arrow.
14    It shall be unlawful for any person to take deer by use of
15dogs, horses, automobiles, aircraft or other vehicles, or by
16the use or aid of bait or baiting of any kind. For the purposes
17of this Section, "bait" means any material, whether liquid or
18solid, including food, salt, minerals, and other products,
19except pure water, that can be ingested, placed, or scattered
20in such a manner as to attract or lure white-tailed deer.
21"Baiting" means the placement or scattering of bait to attract
22deer. An area is considered as baited during the presence of
23and for 10 consecutive days following the removal of bait.
24Nothing in this Section shall prohibit the use of a dog to
25track wounded deer. Any person using a dog for tracking wounded
26deer must maintain physical control of the dog at all times by

 

 

HB5542- 8 -LRB101 17753 CMG 69857 b

1means of a maximum 50 foot lead attached to the dog's collar or
2harness. Tracking wounded deer is permissible at night, but at
3no time outside of legal deer hunting hours or seasons shall
4any person handling or accompanying a dog being used for
5tracking wounded deer be in possession of any firearm or
6archery device. Persons tracking wounded deer with a dog during
7the firearm deer seasons shall wear blaze orange or solid blaze
8pink color as required. Dog handlers tracking wounded deer with
9a dog are exempt from hunting license and deer permit
10requirements so long as they are accompanied by the licensed
11deer hunter who wounded the deer.
12    It shall be unlawful to possess or transport any wild deer
13which has been injured or killed in any manner upon a public
14highway or public right-of-way of this State unless exempted by
15administrative rule.
16    Persons hunting deer must have gun unloaded and no bow and
17arrow device shall be carried with the arrow in the nocked
18position during hours when deer hunting is unlawful.
19    It shall be unlawful for any person, having taken the legal
20limit of deer by gun, to further participate with gun in any
21deer hunting party.
22    It shall be unlawful for any person, having taken the legal
23limit of deer by bow and arrow, to further participate with bow
24and arrow in any deer hunting party.
25    The Department may prohibit upland game hunting during the
26gun deer season by administrative rule.

 

 

HB5542- 9 -LRB101 17753 CMG 69857 b

1    The Department shall not limit the number of non-resident,
2either-sex archery deer hunting permits to less than 20,000.
3    Any person who violates any of the provisions of this
4Section, including administrative rules, shall be guilty of a
5Class B misdemeanor.
6    For the purposes of calculating acreage under this Section,
7the Department shall, after determining the total acreage of
8the applicable tract or tracts of land, round remaining
9fractional portions of an acre greater than or equal to half of
10an acre up to the next whole acre.
11    For the purposes of taking white-tailed deer, nothing in
12this Section shall be construed to prevent the manipulation,
13including mowing or cutting, of standing crops as a normal
14agricultural or soil stabilization practice, food plots, or
15normal agricultural practices, including planting, harvesting,
16and maintenance such as cultivating or the use of products
17designed for scent only and not capable of ingestion, solid or
18liquid, placed or scattered, in such a manner as to attract or
19lure deer. Such manipulation for the purpose of taking
20white-tailed deer may be further modified by administrative
21rule.
22(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
23101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

HB5542- 10 -LRB101 17753 CMG 69857 b

1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect June 1,
72020.