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[ Engrossed ] | [ House Amendment 001 ] |
91_HB3861 LRB9112132MWgc 1 AN ACT to amend the Wildlife Code by changing Section 2 2.26. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Wildlife Code is amended by changing 6 Section 2.26 as follows: 7 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) 8 Sec. 2.26. Any person attempting to take deer shall 9 first obtain a "Deer Hunting Permit" in accordance with 10 prescribed regulations set forth in an Administrative Rule. 11 Deer Hunting Permits shall be issued by the Department. The 12 fee for a Deer Hunting Permit to take deer with either bow 13 and arrow or gun shall not exceed $15.00 for residents of the 14 State. The Department may by administrative rule provide for 15 non-resident deer hunting permits for which the fee will not 16 exceed $100 except as provided below for non-resident 17 landowners. Permits shall be issued without charge to: 18 (a) Illinois landowners residing in Illinois who 19 own at least 40 acres of Illinois land and wish to hunt 20 their land only, 21 (b) resident tenants of at least 40 acres of 22 commercial agricultural land where they will hunt, and 23 (c) shareholders of a corporation which owns at 24 least 40 acres of land in a county in Illinois who wish 25 to hunt on the corporation's land only. One permit shall 26 be issued without charge to one shareholder for each 40 27 acres of land owned by the corporation in a county; 28 however, the number of permits issued without charge to 29 shareholders of any corporation in any county shall not 30 exceed 15. 31 Bona fide landowners or tenants who do not wish to hunt -2- LRB9112132MWgc 1 only on the land they own, rent or lease or shareholders who 2 do not wish to hunt only on the land owned by the corporation 3 shall be charged the same fee as the applicant who is not a 4 landowner, tenant or shareholder. Nonresidents of Illinois 5 who own at least 40 acres of land and wish to hunt on their 6 land only shall be charged a fee set by administrative rule. 7 The method for obtaining these permits shall be prescribed by 8 administrative rule. 9 The deer hunting permit issued without fee shall be valid 10 on all farm lands which the person to whom it is issued owns, 11 leases or rents, except that in the case of a permit issued 12 to a shareholder, the permit shall be valid on all lands 13 owned by the corporation in the county. 14The Department may set aside, in accordance with the15prescribed regulations set forth in an administrative rule of16the Department, a limited number of Deer Hunting Permits to17be available to persons providing evidence of a contractual18arrangement to hunt on properties controlled by a bona fide19Illinois outfitter. The number of available permits shall be20based on a percentage of unfilled permits remaining after the21previous year's lottery. Eligible outfitters shall be those22having membership in, and accreditation conferred by, a23professional association of outfitters approved by the24Department. The association shall be responsible for setting25professional standards and codes of conduct for its26membership, subject to Departmental approval. In addition to27the fee normally charged for resident and nonresident28permits, a reservation fee not to exceed $200 shall be29charged to the outfitter for each permit set aside in30accordance with this Act. The reservation fee shall be31deposited into the Wildlife and Fish Fund.32 The standards and specifications for use of guns and bow 33 and arrow for deer hunting shall be established by 34 administrative rule. -3- LRB9112132MWgc 1 No person may have in his possession any firearm not 2 authorized by administrative rule for a specific hunting 3 season when taking deer. 4 Persons having a firearm deer hunting permit shall be 5 permitted to take deer only during the period from 1/2 hour 6 before sunrise to sunset, and only during those days for 7 which an open season is established for the taking of deer by 8 use of shotgun or muzzle loading rifle. 9 Persons having an archery deer hunting permit shall be 10 permitted to take deer only during the period from 1/2 hour 11 before sunrise to 1/2 hour after sunset, and only during 12 those days for which an open season is established for the 13 taking of deer by use of bow and arrow. 14 It shall be unlawful for any person to take deer by use 15 of dogs, horses, automobiles, aircraft or other vehicles, or 16 by the use of salt or bait of any kind. An area is 17 considered as baited during the presence of and for 10 18 consecutive days following the removal of bait. 19 It shall be unlawful to possess or transport any wild 20 deer which has been injured or killed in any manner upon a 21 public highway or public right-of-way of this State unless 22 exempted by administrative rule. 23 Persons hunting deer must have gun unloaded and no bow 24 and arrow device shall be carried with the arrow in the 25 nocked position during hours when deer hunting is unlawful. 26 It shall be unlawful for any person, having taken the 27 legal limit of deer by gun, to further participate with gun 28 in any deer hunting party. 29 It shall be unlawful for any person, having taken the 30 legal limit of deer by bow and arrow, to further participate 31 with bow and arrow in any deer hunting party. 32 The Department may prohibit upland game hunting during 33 the gun deer season by administrative rule. 34 It shall be legal for handicapped persons, as defined in -4- LRB9112132MWgc 1 Section 2.33, to utilize a crossbow device, as defined in 2 Department rules, to take deer. 3 Any person who violates any of the provisions of this 4 Section, including administrative rules, shall be guilty of a 5 Class B misdemeanor. 6 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97; 7 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.) 8 Section 99. Effective date. This Act takes effect upon 9 becoming law.