Full Text of HB0406 100th General Assembly
HB0406 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0406 Introduced , by Rep. David B. Reis SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Provides that a person with a valid concealed carry license issued under the Firearm Concealed Carry Act, or an off-duty law enforcement official or officer, may carry a handgun on or about his or her person while hunting. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing Section | 5 | | 2.26 as follows:
| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 7 | | (Text of Section after amendment by P.A. 99-869 )
| 8 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 9 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 10 | | the Department in accordance with its administrative rules.
| 11 | | Those rules must provide for the issuance of the following | 12 | | types of resident deer archery permits: (i) a combination | 13 | | permit, consisting of one either-sex permit and one | 14 | | antlerless-only permit, (ii) a single antlerless-only permit, | 15 | | and (iii) a single either-sex permit. The fee for a Deer | 16 | | Hunting Permit to take deer with either bow and arrow or gun
| 17 | | shall not exceed $25.00 for residents of the State. The | 18 | | Department may by
administrative rule provide for non-resident | 19 | | deer hunting permits for which the
fee will not exceed $300 in | 20 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 21 | | provided below for non-resident landowners
and non-resident | 22 | | archery hunters. The Department may by
administrative rule | 23 | | provide for a non-resident archery deer permit consisting
of |
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| 1 | | not more than 2 harvest tags at a total cost not to exceed $325 | 2 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
| 3 | | The standards and specifications for use of guns and bow | 4 | | and arrow for
deer hunting shall be established by | 5 | | administrative rule.
| 6 | | No person may have in his or her possession any firearm not | 7 | | authorized by
administrative rule for a specific hunting season | 8 | | when taking deer. However, a person with a valid concealed | 9 | | carry license issued under the Firearm Concealed Carry Act, or | 10 | | an off-duty law enforcement official or officer, may carry a | 11 | | handgun on or about his or her person while hunting.
| 12 | | Persons having a firearm deer hunting permit shall be | 13 | | permitted to
take deer only during the period from 1/2 hour | 14 | | before sunrise to
1/2 hour after sunset, and only during those | 15 | | days for which an open season is
established for the taking of | 16 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 17 | | Persons having an archery deer hunting permit shall be | 18 | | permitted to
take deer only during the period from 1/2 hour | 19 | | before sunrise to 1/2 hour
after sunset, and only during those | 20 | | days for which an open season is
established for the taking of | 21 | | deer by use of bow and arrow.
| 22 | | It shall be unlawful for any person to take deer by use of | 23 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 24 | | the use
or aid of bait or baiting of any kind. For the purposes | 25 | | of this Section, "bait" means any material, whether liquid or | 26 | | solid, including food, salt, minerals, and other products, |
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| 1 | | except pure water, that can be ingested, placed, or scattered | 2 | | in such a manner as to attract or lure white-tailed deer. | 3 | | "Baiting" means the placement or scattering of bait to attract | 4 | | deer. An area is considered as baited during the presence
of | 5 | | and for 10 consecutive days following the removal of bait. | 6 | | Nothing in this Section shall prohibit the use of a dog to | 7 | | track wounded deer. Any person using a dog for tracking wounded | 8 | | deer must maintain physical control of the dog at all times by | 9 | | means of a maximum 50 foot lead attached to the dog's collar or | 10 | | harness. Tracking wounded deer is permissible at night, but at | 11 | | no time outside of legal deer hunting hours or seasons shall | 12 | | any person handling or accompanying a dog being used for | 13 | | tracking wounded deer be in possession of any firearm or | 14 | | archery device. Persons tracking wounded deer with a dog during | 15 | | the firearm deer seasons shall wear blaze orange as required. | 16 | | Dog handlers tracking wounded deer with a dog are exempt from | 17 | | hunting license and deer permit requirements so long as they | 18 | | are accompanied by the licensed deer hunter who wounded the | 19 | | deer.
| 20 | | 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.
| 24 | | 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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| 1 | | 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.
| 4 | | 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.
| 7 | | The Department may prohibit upland game hunting during the | 8 | | gun deer
season by administrative rule.
| 9 | | The Department shall not limit the number of non-resident , | 10 | | either-sex , either-sex archery deer hunting permits to less | 11 | | than 20,000.
| 12 | | Any person who violates any of the provisions of this | 13 | | Section,
including administrative rules, shall be guilty of a | 14 | | Class B misdemeanor.
| 15 | | For the purposes of calculating acreage under this Section, | 16 | | the Department shall, after determining the total acreage of | 17 | | the applicable tract or tracts of land, round remaining | 18 | | fractional portions of an acre greater than or equal to half of | 19 | | an acre up to the next whole acre. | 20 | | For the purposes of taking white-tailed deer, nothing in | 21 | | this Section shall be construed to prevent the manipulation, | 22 | | including mowing or cutting, of standing crops as a normal | 23 | | agricultural or soil stabilization practice, food plots, or | 24 | | normal agricultural practices, including planting, harvesting, | 25 | | and maintenance such as cultivating or the use of products | 26 | | designed for scent only and not capable of ingestion, solid or |
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| 1 | | liquid, placed or scattered, in such a manner as to attract or | 2 | | lure deer. Such manipulation for the purpose of taking | 3 | | white-tailed deer may be further modified by administrative | 4 | | rule. | 5 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; | 6 | | 99-869, eff. 1-1-17.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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