State of Illinois
92nd General Assembly
Legislation

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92_HB0402

 
                                               LRB9202955MWsb

 1        AN ACT in relation to deer hunting.

 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
 5    Sections 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
 8    deer  except  (i)  with  a shotgun, handgun, or muzzleloading
 9    rifle or (ii) as provided by administrative rule, with a  bow
10    and  arrow,  or  crossbow  device  for handicapped persons as
11    defined in Section 2.33, during the open season of  not  more
12    than  14  days  which  will  be  set annually by the Director
13    between the dates of November 1st  and  December  31st,  both
14    inclusive.  For  the purposes of this Section, legal handguns
15    include any centerfire handguns of .30 caliber or larger with
16    a  minimum  barrel  length  of  4  inches.   The  only  legal
17    ammunition for a centerfire handgun is  a  cartridge  of  .30
18    caliber  or  larger  with  a  capability of at least 500 foot
19    pounds of energy at the muzzle.  Full  metal  jacket  bullets
20    may not be used to harvest deer.
21        The Department shall make administrative rules concerning
22    management restrictions applicable to the firearm and bow and
23    arrow season.
24        It  shall  be unlawful for any person to take deer except
25    with a bow and arrow,  or  crossbow  device  for  handicapped
26    persons  (as defined in Section 2.33), during the open season
27    for bow and arrow set annually by the  Director  between  the
28    dates of September 1st and January 31st, both inclusive.
29        It  shall  be unlawful for any person to take deer except
30    with (i) a muzzleloading rifle, or (ii)  bow  and  arrow,  or
31    crossbow device for handicapped persons as defined in Section
 
                            -2-                LRB9202955MWsb
 1    2.33,  during  the  open  season for muzzleloading rifles set
 2    annually by the Director.
 3        The Director shall cause an administrative  rule  setting
 4    forth the prescribed rules and regulations, including bag and
 5    possession  limits and those counties of the State where open
 6    seasons are established, to be published in  accordance  with
 7    Sections 1.3 and 1.13 of this Act.
 8        The  Department  is  authorized  to  establish a separate
 9    harvest period at specific sites within  the  State  for  the
10    purpose  of  harvesting  surplus  deer  that  cannot be taken
11    during the regular season provided for the  taking  of  deer.
12    This  season  shall  be  restricted  to  gun or bow and arrow
13    hunting only and shall be established during  the  period  of
14    September   1st   to   February  15th,  both  inclusive.  The
15    Department  shall  publish  suitable  prescribed  rules   and
16    regulations  established by administrative rule pertaining to
17    management restrictions applicable to  this  special  harvest
18    program.
19    (Source: P.A.   86-1188;  87-126;  87-234;  87-895;  87-1015;
20    87-1243; 87-1268.)

21        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
22        Sec. 2.26.  Any person  attempting  to  take  deer  shall
23    first  obtain  a  "Deer  Hunting  Permit"  in accordance with
24    prescribed regulations set forth in an  Administrative  Rule.
25    Deer  Hunting Permits shall be issued by the Department.  The
26    fee for a Deer Hunting Permit to take deer  with  either  bow
27    and arrow or gun shall not exceed $15.00 for residents of the
28    State.  The Department may by administrative rule provide for
29    non-resident  deer hunting permits for which the fee will not
30    exceed  $100  except  as  provided  below  for   non-resident
31    landowners.  Permits shall be issued without charge to:
32             (a)  Illinois  landowners  residing  in Illinois who
33        own at least 40 acres of Illinois land and wish  to  hunt
 
                            -3-                LRB9202955MWsb
 1        their land only,
 2             (b)  resident  tenants  of  at  least  40  acres  of
 3        commercial agricultural land where they will hunt, and
 4             (c)  shareholders  of  a  corporation  which owns at
 5        least 40 acres of land in a county in Illinois  who  wish
 6        to hunt on the corporation's land only.  One permit shall
 7        be  issued  without charge to one shareholder for each 40
 8        acres of land owned  by  the  corporation  in  a  county;
 9        however,  the  number of permits issued without charge to
10        shareholders of any corporation in any county  shall  not
11        exceed 15.
12        Bona  fide  landowners or tenants who do not wish to hunt
13    only on the land they own, rent or lease or shareholders  who
14    do not wish to hunt only on the land owned by the corporation
15    shall  be  charged the same fee as the applicant who is not a
16    landowner, tenant or shareholder.  Nonresidents  of  Illinois
17    who  own  at least 40 acres of land and wish to hunt on their
18    land only shall be charged a fee set by administrative  rule.
19    The method for obtaining these permits shall be prescribed by
20    administrative rule.
21        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
24    to a shareholder, the permit shall  be  valid  on  all  lands
25    owned by the corporation in the county.
26        The  Department  may  set  aside,  in accordance with the
27    prescribed regulations set forth in an administrative rule of
28    the Department, a limited number of Deer Hunting  Permits  to
29    be  available  to persons providing evidence of a contractual
30    arrangement to hunt on properties controlled by a  bona  fide
31    Illinois outfitter.  The number of available permits shall be
32    based on a percentage of unfilled permits remaining after the
33    previous  year's lottery.  Eligible outfitters shall be those
34    having membership  in,  and  accreditation  conferred  by,  a
 
                            -4-                LRB9202955MWsb
 1    professional   association  of  outfitters  approved  by  the
 2    Department.  The association shall be responsible for setting
 3    professional  standards  and  codes  of   conduct   for   its
 4    membership, subject to Departmental approval.  In addition to
 5    the   fee  normally  charged  for  resident  and  nonresident
 6    permits, a reservation  fee  not  to  exceed  $200  shall  be
 7    charged  to  the  outfitter  for  each  permit  set  aside in
 8    accordance with this  Act.   The  reservation  fee  shall  be
 9    deposited into the Wildlife and Fish Fund.
10        The  standards and specifications for use of guns and bow
11    and  arrow  for  deer  hunting  shall   be   established   by
12    administrative rule.
13        No  person  may  have  in  his possession any firearm not
14    authorized by administrative  rule  for  a  specific  hunting
15    season when taking deer.
16        Persons  having  a  firearm  deer hunting permit shall be
17    permitted to take deer only during the period from  1/2  hour
18    before  sunrise  to  sunset,  and  only during those days for
19    which an open season is established for the taking of deer by
20    use of shotgun, handgun, or muzzle loading rifle.
21        Persons having an archery deer hunting  permit  shall  be
22    permitted  to  take deer only during the period from 1/2 hour
23    before sunrise to 1/2 hour  after  sunset,  and  only  during
24    those  days  for  which an open season is established for the
25    taking of deer by use of bow and arrow.
26        It shall be unlawful for any person to take deer  by  use
27    of  dogs, horses, automobiles, aircraft or other vehicles, or
28    by the use  of  salt  or  bait  of  any  kind.   An  area  is
29    considered  as  baited  during  the  presence  of  and for 10
30    consecutive days following the removal of bait.
31        It shall be unlawful to possess  or  transport  any  wild
32    deer  which  has  been injured or killed in any manner upon a
33    public highway or public right-of-way of  this  State  unless
34    exempted by administrative rule.
 
                            -5-                LRB9202955MWsb
 1        Persons  hunting  deer  must have gun unloaded and no bow
 2    and arrow device shall be  carried  with  the  arrow  in  the
 3    nocked position during hours when deer hunting is unlawful.
 4        It  shall  be  unlawful  for any person, having taken the
 5    legal limit of deer by gun, to further participate  with  gun
 6    in any deer hunting party.
 7        It  shall  be  unlawful  for any person, having taken the
 8    legal limit of deer by bow and arrow, to further  participate
 9    with bow and arrow in any deer hunting party.
10        The  Department  may  prohibit upland game hunting during
11    the gun deer season by administrative rule.
12        It shall be legal for handicapped persons, as defined  in
13    Section  2.33,  to  utilize  a crossbow device, as defined in
14    Department rules, to take deer.
15        Any person who violates any of  the  provisions  of  this
16    Section, including administrative rules, shall be guilty of a
17    Class B misdemeanor.
18    (Source: P.A.  89-715,  eff.  2-21-97;  90-225, eff. 7-25-97;
19    90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)

20        Section 99.  Effective date.  This Act takes effect  upon
21    becoming law.

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