HB3812 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3812

 

Introduced 2/22/2021, 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, 2021.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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
5Section 2.26 as follows:
 
6    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
7    Sec. 2.26. Deer hunting permits. Any person attempting to
8take deer shall first obtain a "Deer Hunting Permit" issued by
9the Department in accordance with its administrative rules.
10Those rules must provide for the issuance of the following
11types of resident deer archery permits: (i) a combination
12permit, consisting of one either-sex permit and one
13antlerless-only permit, (ii) a single antlerless-only permit,
14and (iii) a single either-sex permit. The fee for a Deer
15Hunting Permit to take deer with either bow and arrow or gun
16shall not exceed $25.00 for residents of the State. The
17Department may by administrative rule provide for non-resident
18deer hunting permits for which the fee will not exceed $300 in
192005, $350 in 2006, and $400 in 2007 and thereafter except as
20provided below for non-resident landowners and non-resident
21archery hunters. The Department may by administrative rule
22provide for a non-resident archery deer permit consisting of
23not more than 2 harvest tags at a total cost not to exceed $325

 

 

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1in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
2fees for a youth resident and non-resident archery deer permit
3shall be the same.
4    The Department shall create a pilot program during the
5special 3-day, youth-only deer hunting season to allow for
6youth deer hunting permits that are valid statewide, excluding
7those counties or portions of counties closed to firearm deer
8hunting. During this special 3-day, youth-only firearm deer
9hunting season, one day of the 3 days shall be reserved for
10children with disabilities on the condition that their
11respective disabilities do not prevent them from hunting in a
12manner that is safe to themselves and others. The one day
13youth-only firearm deer hunting season reserved for children
14with disabilities shall apply to all counties located in the
15State. For the purposes of this Section, "children with
16disabilities" means a "child with a disability" as defined by
17the federal Individuals with Disabilities Education
18Improvement Act of 2004. The Department shall adopt rules to
19implement the pilot program. Nothing in this paragraph shall
20be construed to prohibit the Department from issuing Special
21Hunt Area Permits for the youth-only deer hunting season or
22establishing, through administrative rule, additional
23requirements pertaining to the youth-only deer hunting season
24on Department-owned or Department-managed sites, including
25site-specific quotas or drawings. The provisions of this
26paragraph are inoperative on and after January 1, 2023.

 

 

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1    The standards and specifications for use of guns and bow
2and arrow for deer hunting shall be established by
3administrative rule.
4    No person may have in his or her possession any firearm not
5authorized by administrative rule for a specific hunting
6season when taking deer.
7    Persons having a firearm deer hunting permit shall be
8permitted to take deer only during the period from 1/2 hour
9before sunrise to 1/2 hour after sunset, and only during those
10days for which an open season is established for the taking of
11deer by use of shotgun, handgun, or muzzle loading rifle.
12    Persons having an archery deer hunting permit shall be
13permitted to take deer only during the period from 1/2 hour
14before sunrise to 1/2 hour after sunset, and only during those
15days for which an open season is established for the taking of
16deer by use of bow and arrow.
17    It shall be unlawful for any person to take deer by use of
18dogs, horses, automobiles, aircraft or other vehicles, or by
19the use or aid of bait or baiting of any kind. For the purposes
20of this Section, "bait" means any material, whether liquid or
21solid, including food, salt, minerals, and other products,
22except pure water, that can be ingested, placed, or scattered
23in such a manner as to attract or lure white-tailed deer.
24"Baiting" means the placement or scattering of bait to attract
25deer. An area is considered as baited during the presence of
26and for 10 consecutive days following the removal of bait.

 

 

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

 

 

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1with bow and arrow in any deer hunting party.
2    The Department may prohibit upland game hunting during the
3gun deer season by administrative rule.
4    The Department shall not limit the number of non-resident,
5either-sex archery deer hunting permits to less than 20,000.
6    Any person who violates any of the provisions of this
7Section, including administrative rules, shall be guilty of a
8Class B misdemeanor.
9    For the purposes of calculating acreage under this
10Section, the Department shall, after determining the total
11acreage of the applicable tract or tracts of land, round
12remaining fractional portions of an acre greater than or equal
13to half of an acre up to the next whole acre.
14    For the purposes of taking white-tailed deer, nothing in
15this Section shall be construed to prevent the manipulation,
16including mowing or cutting, of standing crops as a normal
17agricultural or soil stabilization practice, food plots, or
18normal agricultural practices, including planting, harvesting,
19and maintenance such as cultivating or the use of products
20designed for scent only and not capable of ingestion, solid or
21liquid, placed or scattered, in such a manner as to attract or
22lure deer. Such manipulation for the purpose of taking
23white-tailed deer may be further modified by administrative
24rule.
25(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
26101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
 

 

 

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1    Section 99. Effective date. This Act takes effect June 1,
22021.