State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]

92_HB0417eng

 
HB0417 Engrossed                               LRB9204147TAtm

 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
 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 or muzzleloading rifle or (ii)
 9    as provided by administrative rule, with a bow and arrow,  or
10    crossbow device for handicapped persons as defined in Section
11    2.33,  during  the  open season that of not more than 14 days
12    which will be set annually by the Director between the  dates
13    of November 1st and December 31st, both inclusive.
14        It  shall  be unlawful for any person to take deer except
15    with a bow and arrow,  or  crossbow  device  for  handicapped
16    persons  (as defined in Section 2.33), during the open season
17    for bow and arrow set annually by the  Director  between  the
18    dates of September 1st and January 31st, both inclusive.
19        It  shall  be unlawful for any person to take deer except
20    with (i) a muzzleloading rifle, or (ii)  bow  and  arrow,  or
21    crossbow device for handicapped persons as defined in Section
22    2.33,  during  the  open  season for muzzleloading rifles set
23    annually by the Director.
24        The Director shall cause an administrative  rule  setting
25    forth the prescribed rules and regulations, including bag and
26    possession  limits and those counties of the State where open
27    seasons are established, to be published in  accordance  with
28    Sections 1.3 and 1.13 of this Act.
29        The  Department  is  authorized  to  establish a separate
30    harvest period at specific sites within  the  State  for  the
31    purpose  of  harvesting  surplus  deer  that  cannot be taken
 
HB0417 Engrossed            -2-                LRB9204147TAtm
 1    during the regular season provided for the  taking  of  deer.
 2    This  season  shall  be  restricted  to  gun or bow and arrow
 3    hunting only and shall be established during  the  period  of
 4    September   1st   to   February  15th,  both  inclusive.  The
 5    Department  shall  publish  suitable  prescribed  rules   and
 6    regulations  established by administrative rule pertaining to
 7    management restrictions applicable to  this  special  harvest
 8    program.
 9    (Source: P.A.   86-1188;  87-126;  87-234;  87-895;  87-1015;
10    87-1243; 87-1268.)

11        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
12        Sec. 2.26.  Any person  attempting  to  take  deer  shall
13    first  obtain  a  "Deer  Hunting  Permit"  in accordance with
14    prescribed regulations set forth in an  Administrative  Rule.
15    Deer  Hunting Permits shall be issued by the Department.  The
16    fee for a Deer Hunting Permit to take deer  with  either  bow
17    and arrow or gun shall not exceed $15.00 for residents of the
18    State.  The Department may by administrative rule provide for
19    non-resident  deer hunting permits for which the fee will not
20    exceed  $100  except  as  provided  below  for   non-resident
21    landowners.  Permits shall be issued without charge to:
22             (a)  Illinois  landowners  residing  in Illinois who
23        own at least 40 acres of Illinois land and wish  to  hunt
24        their land only,
25             (b)  resident  tenants  of  at  least  40  acres  of
26        commercial agricultural land where they will hunt, and
27             (c)  shareholders  of  a  corporation  which owns at
28        least 40 acres of land in a county in Illinois  who  wish
29        to hunt on the corporation's land only.  One permit shall
30        be  issued  without charge to one shareholder for each 40
31        acres of land owned  by  the  corporation  in  a  county;
32        however,  the  number of permits issued without charge to
33        shareholders of any corporation in any county  shall  not
 
HB0417 Engrossed            -3-                LRB9204147TAtm
 1        exceed 15.
 2        Bona  fide  landowners or tenants who do not wish to hunt
 3    only on the land they own, rent or lease or shareholders  who
 4    do not wish to hunt only on the land owned by the corporation
 5    shall  be  charged the same fee as the applicant who is not a
 6    landowner, tenant or shareholder.  Nonresidents  of  Illinois
 7    who  own  at least 40 acres of land and wish to hunt on their
 8    land only shall be charged a fee set by administrative  rule.
 9    The method for obtaining these permits shall be prescribed by
10    administrative rule.
11        The deer hunting permit issued without fee shall be valid
12    on all farm lands which the person to whom it is issued owns,
13    leases  or  rents, except that in the case of a permit issued
14    to a shareholder, the permit shall  be  valid  on  all  lands
15    owned by the corporation in the county.
16        The  Department  may  set  aside,  in accordance with the
17    prescribed regulations set forth in an administrative rule of
18    the Department, a limited number of Deer Hunting  Permits  to
19    be  available  to persons providing evidence of a contractual
20    arrangement to hunt on properties controlled by a  bona  fide
21    Illinois outfitter.  The number of available permits shall be
22    based on a percentage of unfilled permits remaining after the
23    previous  year's lottery.  Eligible outfitters shall be those
24    having membership  in,  and  accreditation  conferred  by,  a
25    professional   association  of  outfitters  approved  by  the
26    Department.  The association shall be responsible for setting
27    professional  standards  and  codes  of   conduct   for   its
28    membership, subject to Departmental approval.  In addition to
29    the   fee  normally  charged  for  resident  and  nonresident
30    permits, a reservation  fee  not  to  exceed  $200  shall  be
31    charged  to  the  outfitter  for  each  permit  set  aside in
32    accordance with this  Act.   The  reservation  fee  shall  be
33    deposited into the Wildlife and Fish Fund.
34        The  standards and specifications for use of guns and bow
 
HB0417 Engrossed            -4-                LRB9204147TAtm
 1    and  arrow  for  deer  hunting  shall   be   established   by
 2    administrative rule.
 3        No  person  may have in his possession while hunting deer
 4    any type of gun firearm not  authorized  by  the  appropriate
 5    administrative  rule  regulating  that deer hunting activity.
 6    for a specific hunting season when taking deer.
 7        Persons having a firearm deer  hunting  permit  shall  be
 8    permitted  to  take deer only during the period from 1/2 hour
 9    before sunrise to sunset, and  only  during  those  days  for
10    which an open season is established for the taking of deer by
11    use of shotgun or muzzle loading rifle.
12        Persons  having  an  archery 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
15    those days for which an open season is  established  for  the
16    taking of deer by use of bow and arrow.
17        It  shall  be unlawful for any person to take deer by use
18    of dogs, horses, automobiles, aircraft or other vehicles,  or
19    by  the  use  of  salt  or  bait  of  any  kind.   An area is
20    considered as baited  during  the  presence  of  and  for  10
21    consecutive days following the removal of bait.
22        It  shall  be  unlawful  to possess or transport any wild
23    deer which has been injured or killed in any  manner  upon  a
24    public  highway  or  public right-of-way of this State unless
25    exempted by administrative rule.
26        Persons hunting deer must have gun unloaded  and  no  bow
27    and  arrow  device  shall  be  carried  with the arrow in the
28    nocked position during hours when deer hunting is unlawful.
29        It shall be unlawful for any  person,  having  taken  the
30    legal  limit  of deer by gun, to further participate with gun
31    in any deer hunting party.
32        It shall be unlawful for any  person,  having  taken  the
33    legal  limit of deer by bow and arrow, to further participate
34    with bow and arrow in any deer hunting party.
 
HB0417 Engrossed            -5-                LRB9204147TAtm
 1        The Department may prohibit upland  game  hunting  during
 2    the gun deer season by administrative rule.
 3        It  shall be legal for handicapped persons, as defined in
 4    Section 2.33, to utilize a crossbow  device,  as  defined  in
 5    Department rules, to take deer.
 6        Any  person  who  violates  any of the provisions of this
 7    Section, including administrative rules, shall be guilty of a
 8    Class B misdemeanor.
 9    (Source: P.A. 89-715, eff.  2-21-97;  90-225,  eff.  7-25-97;
10    90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)

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