102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4386

 

Introduced 1/21/2022, by Rep. Lance Yednock

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.25  from Ch. 61, par. 2.25
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Provides that a centerfire rifle may be used to harvest deer during the firearm open season set by the Director of Natural Resources annually. Provides that all straight walled rifle rounds are legal ammunition for a centerfire rifle.


LRB102 23033 CMG 32187 b

 

 

A BILL FOR

 

HB4386LRB102 23033 CMG 32187 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
5Sections 2.25 and 2.26 as follows:
 
6    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
7    Sec. 2.25. It shall be unlawful for any person to take deer
8except (i) with a shotgun, centerfire rifle, handgun, or
9muzzleloading rifle, or (ii) as provided by administrative
10rule, with a bow and arrow, during the open season of not more
11than 14 days which will be set annually by the Director between
12the dates of November 1st and December 31st, both inclusive,
13or a special 3-day, youth-only season between the dates of
14September 1 and October 31. For the purposes of this Section,
15legal handguns include any centerfire handguns of .30 caliber
16or larger with a minimum barrel length of 4 inches. The only
17legal ammunition for a centerfire handgun is a cartridge of
18.30 caliber or larger with a capability of at least 500 foot
19pounds of energy at the muzzle. Full metal jacket bullets may
20not be used to harvest deer. All straight walled rifle rounds
21are legal ammunition for a centerfire rifle.
22    The Department shall make administrative rules concerning
23management restrictions applicable to the firearm and bow and

 

 

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1arrow season.
2    It shall be unlawful for any person to take deer except
3with a bow and arrow during the open season for bow and arrow
4set annually by the Director between the dates of September
51st and January 31st, both inclusive.
6    It shall be unlawful for any person to take deer except
7with (i) a muzzleloading rifle or (ii) bow and arrow during the
8open season for muzzleloading rifles set annually by the
9Director.
10    The Director shall cause an administrative rule setting
11forth the prescribed rules and regulations, including bag and
12possession limits and those counties of the State where open
13seasons are established, to be published in accordance with
14Sections 1.3 and 1.13 of this Act.
15    The Department may establish separate harvest periods for
16the purpose of managing or eradicating disease that has been
17found in the deer herd. This season shall be restricted to gun
18or bow and arrow hunting only. The Department shall publicly
19announce, via statewide news release, the season dates and
20shooting hours, the counties and sites open to hunting.
21    The Department is authorized to establish a separate
22harvest period at specific sites within the State for the
23purpose of harvesting surplus deer that cannot be taken during
24the regular season provided for the taking of deer. This
25season shall be restricted to gun or bow and arrow hunting only
26and shall be established during the period of September 1st to

 

 

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1February 15th, both inclusive. The Department shall publicly
2announce, via statewide news release, the season dates and
3shooting hours, and the counties and sites open to hunting.
4The Department shall publish suitable prescribed rules and
5regulations established by administrative rule pertaining to
6management restrictions applicable to this special harvest
7program. The Department shall allow unused gun deer permits
8that are left over from a regular season for the taking of deer
9to be rolled over and used during any separate harvest period
10held within 6 months of the season for which those tags were
11issued at no additional cost to the permit holder subject to
12the management restrictions applicable to the special harvest
13program.
14    Beginning July 1, 2019, and on an annual basis thereafter,
15the Department shall provide a report to the General Assembly
16providing information regarding deer management programs
17established by the Code or by administrative rule that
18includes: (1) the number of surplus deer taken during each
19separate harvest season; (2) the number of deer found to have a
20communicable disease or other abnormality; and (3) what
21happens to the deer taken during each separate harvest season.
22(Source: P.A. 101-66, eff. 7-12-19; 102-314, eff. 1-1-22.)
 
23    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
24    Sec. 2.26. Deer hunting permits. Any person attempting to
25take deer shall first obtain a "Deer Hunting Permit" issued by

 

 

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1the Department in accordance with its administrative rules.
2Those rules must provide for the issuance of the following
3types of resident deer archery permits: (i) a combination
4permit, consisting of one either-sex permit and one
5antlerless-only permit, (ii) a single antlerless-only permit,
6and (iii) a single either-sex permit. The fee for a Deer
7Hunting Permit to take deer with either bow and arrow or gun
8shall not exceed $25.00 for residents of the State. The
9Department may by administrative rule provide for non-resident
10deer hunting permits for which the fee will not exceed $300 in
112005, $350 in 2006, and $400 in 2007 and thereafter except as
12provided below for non-resident landowners and non-resident
13archery hunters. The Department may by administrative rule
14provide for a non-resident archery deer permit consisting of
15not more than 2 harvest tags at a total cost not to exceed $325
16in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
17fees for a youth resident and non-resident archery deer permit
18shall be the same.
19    The Department shall create a pilot program during the
20special 3-day, youth-only deer hunting season to allow for
21youth deer hunting permits that are valid statewide, excluding
22those counties or portions of counties closed to firearm deer
23hunting. The Department shall adopt rules to implement the
24pilot program. Nothing in this paragraph shall be construed to
25prohibit the Department from issuing Special Hunt Area Permits
26for the youth-only deer hunting season or establishing,

 

 

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1through administrative rule, additional requirements
2pertaining to the youth-only deer hunting season on
3Department-owned or Department-managed sites, including
4site-specific quotas or drawings. The provisions of this
5paragraph are inoperative on and after January 1, 2023.
6    The standards and specifications for use of guns and bow
7and arrow for deer hunting shall be established by
8administrative rule.
9    No person may have in his or her possession any firearm not
10authorized by administrative rule for a specific hunting
11season when taking deer unless in accordance with the Firearm
12Concealed Carry Act.
13    Persons having a firearm deer hunting permit shall be
14permitted to take deer only during the period from 1/2 hour
15before sunrise to 1/2 hour after sunset, and only during those
16days for which an open season is established for the taking of
17deer by use of shotgun, centerfire rifle, handgun, or muzzle
18loading rifle.
19    Persons having an archery deer hunting permit shall be
20permitted to take deer only during the period from 1/2 hour
21before sunrise to 1/2 hour after sunset, and only during those
22days for which an open season is established for the taking of
23deer by use of bow and arrow.
24    It shall be unlawful for any person to take deer by use of
25dogs, horses, automobiles, aircraft or other vehicles, or by
26the use or aid of bait or baiting of any kind. For the purposes

 

 

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

 

 

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

 

 

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1designed for scent only and not capable of ingestion, solid or
2liquid, placed or scattered, in such a manner as to attract or
3lure deer. Such manipulation for the purpose of taking
4white-tailed deer may be further modified by administrative
5rule.
6(Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
7102-237, eff. 1-1-22.)