Full Text of HB3387 95th General Assembly
HB3387 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB3387
Introduced 2/26/2007, by Rep. John E. Bradley SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.25 |
from Ch. 61, par. 2.25 |
520 ILCS 5/2.26 |
from Ch. 61, par. 2.26 |
30 ILCS 105/5.675 new |
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30 ILCS 105/6z-69 new |
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Amends the Wildlife Code. Creates a female-deer-only deer hunting season of not more than 7 days to
begin 7 days before the beginning date of the open season set by the Director. Provides that any person attempting to take a female deer during the female-deer-only deer season shall first obtain a "Female Only Deer
Hunting Permit". Sets out the fee for a Female Only Deer Hunting Permit. Creates the Hunting for Education Fund. Provides that 50% of the funds from the sale of Female Only Deer Hunting Permits in the State must be deposited into the Fund. Provides that moneys in the Fund, subject to appropriation, shall be distributed by the State Board of Education for the operation of public schools. Provides that distributions to school districts shall be based on sales of Female Only Deer Hunting Permits in the district. Sets out provisions for the administration of the Fund.
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A BILL FOR
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HB3387 |
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LRB095 06852 CMK 26970 b |
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing Section | 5 |
| 2.25, 2.26 as follows:
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| (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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| Sec. 2.25. It shall be unlawful for any person to take deer | 8 |
| except (i) with
a shotgun, handgun, or muzzleloading rifle ;
or | 9 |
| (ii) as provided by
administrative rule,
with a bow and arrow, | 10 |
| or crossbow device for handicapped persons as defined
in | 11 |
| Section 2.33, during the open season of not more than 14 days | 12 |
| which will
be set annually by the Director between the dates of
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| November 1st and December 31st, both inclusive ; or (iii) a | 14 |
| female deer with
a shotgun, handgun, or muzzleloading rifle or | 15 |
| as provided by
administrative rule,
with a bow and arrow, or | 16 |
| crossbow device for handicapped persons as defined
in Section | 17 |
| 2.33, during a female-deer-only deer season of not more than 7 | 18 |
| days to
begin 7 days before the beginning date of the open | 19 |
| season set by the Director under item (ii) .
For the purposes of | 20 |
| this Section, legal handguns include any centerfire
handguns of | 21 |
| .30
caliber or larger with a minimum barrel length of 4 inches. | 22 |
| The only legal
ammunition
for a centerfire handgun is a | 23 |
| cartridge of .30 caliber or larger with a
capability of at |
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| least
500 foot pounds of energy at the muzzle. Full metal | 2 |
| jacket bullets may not be
used to
harvest deer.
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| The Department shall make administrative rules concerning | 4 |
| management
restrictions applicable to the firearm and bow and | 5 |
| arrow season.
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| It shall be unlawful for any person to take deer except | 7 |
| with a bow and
arrow, or crossbow device for handicapped | 8 |
| persons (as defined in Section
2.33), during the open season | 9 |
| for bow and arrow set annually by the Director
between the | 10 |
| dates of September 1st and January 31st, both inclusive.
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| It shall be unlawful for any person to take deer except | 12 |
| with (i) a
muzzleloading rifle, or (ii) bow and arrow, or | 13 |
| crossbow device for
handicapped persons as defined in Section | 14 |
| 2.33, during the open season for
muzzleloading rifles set | 15 |
| annually by the Director.
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| The Director shall cause an administrative rule setting | 17 |
| forth the
prescribed rules and regulations, including bag and | 18 |
| possession limits and
those counties of the State where open | 19 |
| seasons are established, to be
published in accordance with | 20 |
| Sections 1.3 and 1.13 of this Act.
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| The Department may establish separate harvest periods for | 22 |
| the purpose of
managing or eradicating disease that has been | 23 |
| found in the deer herd. This
season shall be restricted to gun | 24 |
| or bow and arrow hunting only. The Department
shall publicly | 25 |
| announce, via statewide news release, the season dates and
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| shooting hours, the counties and sites open to hunting, permit |
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| requirements,
application dates, hunting rules, legal weapons, | 2 |
| and reporting requirements.
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| The Department is authorized to establish a separate | 4 |
| harvest period at
specific sites within the State for the | 5 |
| purpose of harvesting
surplus deer that cannot be taken during | 6 |
| the regular season provided for
the taking of deer. This season | 7 |
| shall be restricted to gun or bow and
arrow hunting only and | 8 |
| shall be established during the period of September 1st
to | 9 |
| February 15th, both inclusive. The Department shall publish | 10 |
| suitable
prescribed rules and regulations established by | 11 |
| administrative rule pertaining
to management restrictions | 12 |
| applicable to this special harvest program. The Department | 13 |
| shall allow unused gun deer permits that are left over from a | 14 |
| regular season for the taking of deer to be rolled over and | 15 |
| used during any separate harvest period held within 6 months of | 16 |
| the season for which those tags were issued at no additional | 17 |
| cost to the permit holder subject to the management | 18 |
| restrictions applicable to the special harvest program.
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| (Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03; | 20 |
| 94-919, eff. 6-26-06.)
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| Sec. 2.26. Deer hunting permits. In this Section,
"bona | 23 |
| fide equity shareholder" means an individual who (1) purchased, | 24 |
| for
market price, publicly sold stock shares in a corporation,
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| purchased shares of a privately-held corporation for a value
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| equal to the percentage of the appraised value of the corporate | 2 |
| assets
represented by the ownership in the corporation, or is a | 3 |
| member of a
closely-held family-owned corporation and has | 4 |
| purchased or been gifted with
shares of stock in the | 5 |
| corporation accurately reflecting his or her
percentage of | 6 |
| ownership and (2) intends to retain the ownership of the
shares | 7 |
| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an | 9 |
| individual who (1) (i)
became a member
upon
the formation of | 10 |
| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a | 12 |
| value equal to the
percentage of the appraised value of the LLC | 13 |
| assets represented by the
distributional interest in the LLC | 14 |
| and subsequently becomes a member of the
company
pursuant to | 15 |
| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| In this Section, "bona fide equity partner" means an | 18 |
| individual who (1) (i) became a partner, either general or | 19 |
| limited, upon the formation of a partnership or limited | 20 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 21 |
| partnership interest accurately representing his or her | 22 |
| percentage distributional interest in the profits, losses, and | 23 |
| assets of a partnership or limited partnership, (2) intends to | 24 |
| retain ownership of the partnership interest for at least 5 | 25 |
| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a |
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| "Deer
Hunting Permit" in accordance with prescribed | 2 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 3 |
| Permits shall be issued by the Department.
The fee for a Deer | 4 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $15.00 for residents of the State. The | 6 |
| Department may by
administrative rule provide for non-resident | 7 |
| deer hunting permits for which the
fee will not exceed $300 in | 8 |
| 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 9 |
| provided below for non-resident landowners
and non-resident | 10 |
| archery hunters. The Department may by
administrative rule | 11 |
| provide for a non-resident archery deer permit consisting
of | 12 |
| not more than 2 harvest tags at a total cost not to exceed $325 | 13 |
| in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits | 14 |
| shall be issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at | 16 |
| least 40 acres of
Illinois land and wish to hunt their land | 17 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 19 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation,
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| bona fide
equity
members of a limited liability
company, or | 22 |
| bona fide equity partners of a general or limited | 23 |
| partnership
which owns at least 40 acres of land
in a | 24 |
| county in Illinois who wish to hunt on the corporation's, | 25 |
| company's, or partnership's land only.
One permit shall be | 26 |
| issued without charge to one bona fide equity
shareholder, |
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| one bona fide equity member, or one bona fide equity | 2 |
| partner for each 40
acres of land owned by the corporation, | 3 |
| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity | 5 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 7 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 8 |
| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 10 |
| only on the land
they own, rent, or lease or bona fide equity | 11 |
| shareholders, bona fide
equity
members, or bona fide equity | 12 |
| partners who do not wish to hunt
only on the
land owned by the | 13 |
| corporation, limited liability company, or partnership
shall | 14 |
| be
charged the same fee as the
applicant who is not a | 15 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 16 |
| equity member, or bona fide equity partner. Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on | 18 |
| their land only
shall be charged a fee set by administrative | 19 |
| rule. The method for
obtaining these permits shall be | 20 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 22 |
| on
all farm lands which the person to whom it is issued owns, | 23 |
| leases or rents,
except that in the case of a permit issued to | 24 |
| a bona fide equity
shareholder, bona fide equity member, or | 25 |
| bona fide equity partner, the
permit shall
be valid on all | 26 |
| lands owned by the corporation, limited liability
company, or |
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| partnership in the county.
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| Any person attempting to take a female deer, during the | 3 |
| female-deer-only deer season created in Section 2.25 shall | 4 |
| first obtain a "Female Only Deer
Hunting Permit" in accordance | 5 |
| with prescribed regulations set forth in an
administrative | 6 |
| rule. Female Only Deer Hunting Permits shall be issued by the | 7 |
| Department.
The fee for a Female Only Deer Hunting Permit to | 8 |
| take deer with either bow and arrow or gun
shall not exceed $15 | 9 |
| for residents of the State. Fifty percent of the fees from the | 10 |
| sale of Female Only Deer Hunting Permits shall be deposited | 11 |
| into the Hunting for Education Fund.
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| The standards and specifications for use of guns and bow | 13 |
| and arrow for
deer hunting shall be established by | 14 |
| administrative rule.
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| No person may have in his possession any firearm not | 16 |
| authorized by
administrative rule for a specific hunting season | 17 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 19 |
| permitted to
take deer only during the period from 1/2 hour | 20 |
| before sunrise to
sunset, and only during those days for which | 21 |
| an open season is
established for the taking of deer by use of | 22 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 24 |
| permitted to
take deer only during the period from 1/2 hour | 25 |
| before sunrise to 1/2 hour
after sunset, and only during those | 26 |
| days for which an open season is
established for the taking of |
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| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 3 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 4 |
| the use of salt
or bait of any kind. An area is considered as | 5 |
| baited during the presence
of and for 10 consecutive days | 6 |
| following the removal of bait. Nothing in this Section shall | 7 |
| prohibit the use of a dog to track wounded deer. Any person | 8 |
| using a dog for tracking wounded deer must maintain physical | 9 |
| control of the dog at all times by means of a maximum 50 foot | 10 |
| lead attached to the dog's collar or harness. Tracking wounded | 11 |
| deer is permissible at night, but at no time outside of legal | 12 |
| deer hunting hours or seasons shall any person handling or | 13 |
| accompanying a dog being used for tracking wounded deer be in | 14 |
| possession of any firearm or archery device. Persons tracking | 15 |
| wounded deer with a dog during the firearm deer seasons shall | 16 |
| wear blaze orange as required. Dog handlers tracking wounded | 17 |
| deer with a dog are exempt from hunting license and deer permit | 18 |
| requirements so long as they are accompanied by the licensed | 19 |
| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 21 |
| which has
been injured or killed in any manner upon a public | 22 |
| highway or public
right-of-way of this State unless exempted by | 23 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 25 |
| arrow
device shall be carried with the arrow in the nocked | 26 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 2 |
| limit of
deer by gun, to further participate with gun in any | 3 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 5 |
| limit
of deer by bow and arrow, to further participate with bow | 6 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 8 |
| gun deer
season by administrative rule.
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| The Department shall not limit the number of non-resident | 10 |
| either sex archery deer hunting permits to less than 20,000.
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| It shall be legal for handicapped persons, as defined in | 12 |
| Section 2.33, to
utilize a crossbow device, as defined in | 13 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 15 |
| Section,
including administrative rules, shall be guilty of a | 16 |
| Class B misdemeanor.
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| (Source: P.A. 93-554, eff. 8-20-03; 93-807, eff. 7-24-04; | 18 |
| 93-823, eff. 1-1-05; 94-10, eff. 6-7-05.)
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| Section 10. The State Finance Act is amended by adding | 20 |
| Sections 5.675 and 6z-69 as follows: | 21 |
| (30 ILCS 105/5.675 new) | 22 |
| Sec. 5.675. The Hunting for Education Fund. | 23 |
| (30 ILCS 105/6z-69 new)
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| Sec. 6z-69. The Hunting for Education Fund. The Hunting for | 2 |
| Education Fund is created as a special fund in the State | 3 |
| treasury. This fund is established to receive 50% of the funds | 4 |
| from the sale of Female Only Deer Hunting Permits in the State. | 5 |
| Subject to appropriation, moneys in the Fund shall be | 6 |
| distributed by the State Board of Education for the operation | 7 |
| of public schools. Any interest earned on moneys in the Fund | 8 |
| must be deposited into the Fund. | 9 |
| Each school district shall receive the moneys deposited in | 10 |
| the Fund from sales of Female Only Deer Hunting Permits in that | 11 |
| school district. The Department of Natural Resources shall | 12 |
| collaborate with the State Board of Education annually to | 13 |
| determine the amount of moneys each school district is entitled | 14 |
| to from the Fund.
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