Public Act 093-0554
Public Act 93-0554 of the 93rd General Assembly
Public Act 93-0554
HB1096 Enrolled LRB093 03880 JAM 03915 b
AN ACT in relation to deer hunting.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wildlife Code is amended by changing
Sections 2.25, 2.26, 3.2, 3.27, 3.29, and 3.30 as follows:
(520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
Sec. 2.25. It shall be unlawful for any person to take
deer except (i) with a shotgun, handgun, or muzzleloading
rifle or (ii) as provided by administrative rule, with a bow
and arrow, or crossbow device for handicapped persons as
defined in Section 2.33, during the open season of not more
than 14 days which will be set annually by the Director
between the dates of November 1st and December 31st, both
inclusive. For the purposes of this Section, legal handguns
include any centerfire handguns of .30 caliber or larger with
a minimum barrel length of 4 inches. The only legal
ammunition for a centerfire handgun is a cartridge of .30
caliber or larger with a capability of at least 500 foot
pounds of energy at the muzzle. Full metal jacket bullets
may not be used to harvest deer.
The Department shall make administrative rules concerning
management restrictions applicable to the firearm and bow and
arrow season.
It shall be unlawful for any person to take deer except
with a bow and arrow, or crossbow device for handicapped
persons (as defined in Section 2.33), during the open season
for bow and arrow set annually by the Director between the
dates of September 1st and January 31st, both inclusive.
It shall be unlawful for any person to take deer except
with (i) a muzzleloading rifle, or (ii) bow and arrow, or
crossbow device for handicapped persons as defined in Section
2.33, during the open season for muzzleloading rifles set
annually by the Director.
The Director shall cause an administrative rule setting
forth the prescribed rules and regulations, including bag and
possession limits and those counties of the State where open
seasons are established, to be published in accordance with
Sections 1.3 and 1.13 of this Act.
The Department is authorized to establish a separate
harvest period at specific sites within the State for the
purpose of harvesting surplus deer that cannot be taken
during the regular season provided for the taking of deer.
This season shall be restricted to gun or bow and arrow
hunting only and shall be established during the period of
September 1st to February 15th, both inclusive. The
Department shall publish suitable prescribed rules and
regulations established by administrative rule pertaining to
management restrictions applicable to this special harvest
program.
(Source: P.A. 86-1188; 87-126; 87-234; 87-895; 87-1015;
87-1243; 87-1268.)
(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
Sec. 2.26. Deer hunting permits. In this Section, "bona
fide equity shareholder" means an individual who (1)
purchased, for market price, publicly sold stock shares in a
corporation, purchased shares of a privately-held corporation
for a value equal to the percentage of the appraised value of
the corporate assets represented by the ownership in the
corporation, or is a member of a closely-held family-owned
corporation and has purchased or been gifted with shares of
stock in the corporation accurately reflecting his or her
percentage of ownership and (2) intends to retain the
ownership of the shares of stock for at least 5 years.
In this Section, "bona fide equity member" means an
individual who (1) (i) became a member upon the formation of
the limited liability company or (ii) has purchased a
distributional interest in a limited liability company for a
value equal to the percentage of the appraised value of the
LLC assets represented by the distributional interest in the
LLC and subsequently becomes a member of the company pursuant
to Article 30 of the Limited Liability Company Act and who
(2) intends to retain the membership for at least 5 years.
Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" in accordance with prescribed
regulations set forth in an Administrative Rule. Deer
Hunting Permits shall be issued by the Department. The fee
for a Deer Hunting Permit to take deer with either bow and
arrow or gun shall not exceed $15.00 for residents of the
State. The Department may by administrative rule provide for
non-resident deer hunting permits for which the fee will not
exceed $200 except as provided below for non-resident
landowners and non-resident archery hunters. The Department
may by administrative rule provide for a non-resident archery
deer permit consisting of not more than 2 harvest tags at a
total cost not to exceed $225. Permits shall be issued
without charge to:
(a) Illinois landowners residing in Illinois who
own at least 40 acres of Illinois land and wish to hunt
their land only,
(b) resident tenants of at least 40 acres of
commercial agricultural land where they will hunt, and
(c) Bona fide equity shareholders of a corporation
or bona fide equity members of a limited liability
company which owns at least 40 acres of land in a county
in Illinois who wish to hunt on the corporation's or
company's land only. One permit shall be issued without
charge to one bona fide equity shareholder or one bona
fide equity member for each 40 acres of land owned by the
corporation or company in a county; however, the number
of permits issued without charge to bona fide equity
shareholders of any corporation or bona fide equity
members of a limited liability company in any county
shall not exceed 15.
Bona fide landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or bona fide equity
shareholders or bona fide equity members who do not wish to
hunt only on the land owned by the corporation or limited
liability company shall be charged the same fee as the
applicant who is not a landowner, tenant, bona fide equity
shareholder, or bona fide equity member. Nonresidents of
Illinois who own at least 40 acres of land and wish to hunt
on their land only shall be charged a fee set by
administrative rule. The method for obtaining these permits
shall be prescribed by administrative rule.
The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
to a bona fide equity shareholder or bona fide equity member,
the permit shall be valid on all lands owned by the
corporation or limited liability company in the county.
The standards and specifications for use of guns and bow
and arrow for deer hunting shall be established by
administrative rule.
No person may have in his possession any firearm not
authorized by administrative rule for a specific hunting
season when taking deer.
Persons having a firearm deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to sunset, and only during those days for
which an open season is established for the taking of deer by
use of shotgun, handgun, or muzzle loading rifle.
Persons having an archery deer hunting permit shall be
permitted to take deer only during the period from 1/2 hour
before sunrise to 1/2 hour after sunset, and only during
those days for which an open season is established for the
taking of deer by use of bow and arrow.
It shall be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles, or
by the use of salt or bait of any kind. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait.
It shall be unlawful to possess or transport any wild
deer which has been injured or killed in any manner upon a
public highway or public right-of-way of this State unless
exempted by administrative rule.
Persons hunting deer must have gun unloaded and no bow
and arrow device shall be carried with the arrow in the
nocked position during hours when deer hunting is unlawful.
It shall be unlawful for any person, having taken the
legal limit of deer by gun, to further participate with gun
in any deer hunting party.
It shall be unlawful for any person, having taken the
legal limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
The Department may prohibit upland game hunting during
the gun deer season by administrative rule.
It shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow device, as defined in
Department rules, to take deer.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01;
92-651, eff. 7-11-02.)
(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
Sec. 3.2. Hunting license; application; instruction.
Before the Department or any county, city, village, township,
incorporated town clerk or his duly designated agent or any
other person authorized or designated by the Department to
issue hunting licenses shall issue a hunting license to any
person, the person shall file his application with the
Department or other party authorized to issue licenses on a
form provided by the Department and further give definite
proof of identity and place of legal residence. Each clerk
designating agents to issue licenses and stamps shall furnish
the Department, within 10 days following the appointment, the
names and mailing addresses of the agents. Each clerk or his
duly designated agent shall be authorized to sell licenses
and stamps only within the territorial area for which he was
elected or appointed. No duly designated agent is authorized
to furnish licenses or stamps for issuance by any other
business establishment. Each application shall be executed
and sworn to and shall set forth the name and description of
the applicant and place of residence.
No hunting license shall be issued to any person born on
or after January 1, 1980 unless he presents the person
authorized to issue the license evidence that he has held a
hunting license issued by the State of Illinois or another
state in a prior year, or a certificate of competency as
provided in this Section. Persons under 16 years of age may
be issued a Lifetime Hunting or Sportsmen's Combination
License as provided under Section 20-45 of the Fish and
Aquatic Life Code but shall not be entitled to hunt unless
they have a certificate of competency as provided in this
Section and they shall have the certificate in their
possession while hunting.
The Department of Natural Resources shall authorize
personnel of the Department or certified volunteer
instructors to conduct courses, of not less than 10 hours in
length, in firearms and hunter safety, which may include
training in bow and arrow safety, at regularly specified
intervals throughout the State. Persons successfully
completing the course shall receive a certificate of
competency. The Department of Natural Resources may further
cooperate with any reputable association or organization in
establishing courses if the organization has as one of its
objectives the promotion of safety in the handling of
firearms or bow and arrow.
The Department of Natural Resources shall designate any
person found by it to be competent to give instruction in
the handling of firearms, hunter safety, and bow and arrow.
The persons so appointed shall give the course of instruction
and upon the successful completion shall issue to the person
instructed a certificate of competency in the safe handling
of firearms, hunter safety, and bow and arrow. No charge
shall be made for any course of instruction except for
materials or ammunition consumed. The Department of Natural
Resources shall furnish information on the requirements of
hunter safety education programs to be distributed free of
charge to applicants for hunting licenses by the persons
appointed and authorized to issue licenses. Funds for the
conducting of firearms and hunter safety courses shall be
taken from the fee charged for the Firearm Owners
Identification Card.
The fee for a hunting license to hunt all species for a
resident of Illinois is $7. For residents age 65 or older,
the fee is one-half of the fee charged for a hunting license
to hunt all species for a resident of Illinois. Nonresidents
shall be charged $50 for a hunting license.
Nonresidents may be issued a nonresident hunting license
for a period not to exceed 10 consecutive days' hunting in
the State and shall be charged a fee of $28.
A special nonresident hunting license authorizing a
nonresident to take game birds by hunting on a game breeding
and hunting preserve area only, established under Section
3.27, shall be issued upon proper application being made and
payment of a fee equal to that for a resident hunting
license. The expiration date of this license shall be on the
same date March 31 of each year that game breeding and
hunting preserve area licenses expire.
Each applicant for a State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall pay a
fee of $10 and shall receive a stamp. Except as provided
under Section 20-45 of the Fish and Aquatic Life Code, the
stamp shall be signed by the person or affixed to his license
or permit in a space designated by the Department for that
purpose.
Each applicant for a State Habitat Stamp, regardless of
his residence or other condition, shall pay a fee of $5 and
shall receive a stamp. Except as provided under Section 20-45
of the Fish and Aquatic Life Code, the stamp shall be signed
by the person or affixed to his license or permit in a space
designated by the Department for that purpose.
Nothing in this Section shall be construed as to require
the purchase of more than one State Habitat Stamp by any
person in any one license year.
The Department shall furnish the holders of hunting
licenses and stamps with an insignia as evidence of
possession of license, or license and stamp, as the
Department may consider advisable. The insignia shall be
exhibited and used as the Department may order.
All other hunting licenses and all State stamps shall
expire upon March 31 of each year.
Every person holding any license, permit, or stamp issued
under the provisions of this Act shall have it in his
possession for immediate presentation for inspection to the
officers and authorized employees of the Department, any
sheriff, deputy sheriff, or any other peace officer making a
demand for it. This provision shall not apply to Department
owned or managed sites where it is required that all hunters
deposit their license, permit, or Firearm Owner's
Identification Card at the check station upon entering the
hunting areas.
(Source: P.A. 89-75, eff. 1-1-96; 89-338, eff. 1-1-96;
89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 90-225, eff.
7-25-97.)
(520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
Sec. 3.27. Any person owning, holding or controlling, by
lease, which possession must be for a term of 5 or more
years, any contiguous tract of land having an area of not
less than 200 acres, and not more than 1280 acres, with at
least 100 acres of suitable wildlife habitat, who desires to
establish a game breeding and hunting preserve area, to
propagate, preserve and hunt game birds shall make
application to the Department for a license as herein
provided. Such application shall be made under oath of the
applicant or under oath of one of its principal officers if
the applicant is an association, club or corporation. In the
case of releasing and harvesting hand reared mallards, the
tract of land, with the approval of the Department, may be
smaller than that required in this Section but in all other
respects the applicant shall conform to the provisions of
this Act. The application shall be accompanied by a license
fee of not to exceed $100 for a Class A license or a license
fee not to exceed $200 for a Class B license.
Every licensee under this Section shall release not less
than 250 Bobwhite quail or pheasants each season.
Upon receipt of such application, the Department shall
inspect the proposed licensed area described in such
application and the premises and facilities where game birds
are to be propagated and the cover for game birds and the
ability of the applicant to operate a property of this
character. If the Department finds that the area meets the
requirements of all applicable laws and administrative rules
and that the game birds are reasonably healthy and disease
free; and that the issuing of the license will otherwise be
in the public interest; the Department shall approve the
application and issue the license for the operation of the
property described in the application with the rights and
subject to the limitations in this Act prescribed.
All game breeding and hunting preserve area licenses
expire on April 30 of each year.
Upon receipt of such license, the licensee shall promptly
post such licensed areas at intervals of not more than 500
feet with signs to be prescribed by the Department. The
boundaries of such licensed game breeding and hunting
preserve areas shall also be clearly defined by natural or
artificial boundaries and by signs.
(Source: P.A. 85-152.)
(520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
Sec. 3.29. For the purpose of this Act, game birds shall
be released upon licensed game breeding and hunting preserve
areas in a manner satisfactory to the Department. The
licensee shall keep a register on forms prescribed by the
Department which shall clearly show the number and kind of
game birds released and propagated each year, the month date
of release, and also the number and kind of game birds taken,
the month date when taken and the disposition made of such
game birds, and shall submit such reports under oath as to
game birds released, propagated and taken, to the Department
not later than 10 days following the end of each month during
the season. The Department shall keep an adequate record of
the number of birds released and propagated on each licensed
game breeding and hunting preserve area in each year and of
the birds taken.
The Department shall prepare special tags suitable for
use upon legs of game birds, including hand reared mallard
ducks, which tags shall be of a type not removable without
breaking and mutilating the tag, such tags to be used to
designate birds taken upon a licensed game breeding and
hunting preserve area, and such tag shall remain upon the leg
of such game bird until such bird is finally prepared for
consumption. Those licensed areas which dress game birds may
affix the tag to the bag in which the dressed game birds are
bird is contained. Upon application and payment of a fee of
10 cents for each such tag, the Department shall furnish
licensees with such tags; provided that the Department shall
not in any year furnish any licensee a number of tags in
excess of the number of game birds which may lawfully be
taken from such licensed area as hereinbefore provided. All
game birds harvested on licensed areas are to be properly
banded on the same day they are taken.
(Source: P.A. 84-150.)
(520 ILCS 5/3.30) (from Ch. 61, par. 3.30)
Sec. 3.30. Game birds may be taken upon a Class A game
breeding and hunting preserve area only during the period
from September 1st to April 15th, or as otherwise determined
by the Director through the issuance of an Administrative
Rule, of each year, both dates inclusive. Game birds may be
taken upon a Class B game breeding and hunting preserve area
all year.
Before any person shall take or attempt to take game
birds upon such licensed game breeding and hunting preserve
areas, he shall first secure a hunting license in accordance
with this Act.
(Source: P.A. 85-152.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Effective Date: 08/20/03
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