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Full Text of HB1096  93rd General Assembly

HB1096enr 93rd General Assembly


093_HB1096enr

 
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 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, 2.26, 3.2, 3.27, 3.29, and 3.30 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
 
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 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. Deer hunting permits.  In this Section,  "bona
23    fide   equity   shareholder"  means  an  individual  who  (1)
24    purchased, for market price, publicly sold stock shares in  a
25    corporation, purchased shares of a privately-held corporation
26    for a value equal to the percentage of the appraised value of
27    the  corporate  assets  represented  by  the ownership in the
28    corporation, or is a member of  a  closely-held  family-owned
29    corporation  and  has purchased or been gifted with shares of
30    stock in the corporation accurately  reflecting  his  or  her
31    percentage  of  ownership  and  (2)  intends  to  retain  the
32    ownership of the shares of stock for at least 5 years.
33        In  this  Section,  "bona  fide  equity  member" means an
 
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 1    individual who (1) (i) became a member upon the formation  of
 2    the  limited  liability  company  or  (ii)  has  purchased  a
 3    distributional  interest in a limited liability company for a
 4    value equal to the percentage of the appraised value  of  the
 5    LLC  assets represented by the distributional interest in the
 6    LLC and subsequently becomes a member of the company pursuant
 7    to Article 30 of the Limited Liability Company  Act  and  who
 8    (2) intends to retain the membership for at least 5 years.
 9        Any  person  attempting to take deer shall first obtain a
10    "Deer  Hunting  Permit"   in   accordance   with   prescribed
11    regulations  set  forth  in  an  Administrative  Rule.   Deer
12    Hunting  Permits  shall  be issued by the Department. The fee
13    for a Deer Hunting Permit to take deer with  either  bow  and
14    arrow  or  gun  shall  not exceed $15.00 for residents of the
15    State.  The Department may by administrative rule provide for
16    non-resident deer hunting permits for which the fee will  not
17    exceed   $200  except  as  provided  below  for  non-resident
18    landowners and non-resident  archery hunters. The  Department
19    may by administrative rule provide for a non-resident archery
20    deer  permit  consisting of not more than 2 harvest tags at a
21    total cost not  to  exceed  $225.  Permits  shall  be  issued
22    without charge to:
23             (a)  Illinois  landowners  residing  in Illinois who
24        own at least 40 acres of Illinois land and wish  to  hunt
25        their land only,
26             (b)  resident  tenants  of  at  least  40  acres  of
27        commercial agricultural land where they will hunt, and
28             (c)  Bona  fide equity shareholders of a corporation
29        or bona  fide  equity  members  of  a  limited  liability
30        company  which owns at least 40 acres of land in a county
31        in Illinois who wish to  hunt  on  the  corporation's  or
32        company's  land  only. One permit shall be issued without
33        charge to one bona fide equity shareholder  or  one  bona
34        fide equity member for each 40 acres of land owned by the
 
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 1        corporation  or  company in a county; however, the number
 2        of permits issued without  charge  to  bona  fide  equity
 3        shareholders  of  any  corporation  or  bona  fide equity
 4        members of a limited  liability  company  in  any  county
 5        shall not exceed 15.
 6        Bona  fide  landowners or tenants who do not wish to hunt
 7    only on the land they own, rent or lease or bona fide  equity
 8    shareholders  or  bona fide equity members who do not wish to
 9    hunt only on the land owned by  the  corporation  or  limited
10    liability  company  shall  be  charged  the  same  fee as the
11    applicant who is not a landowner, tenant,  bona  fide  equity
12    shareholder,  or  bona  fide  equity  member. Nonresidents of
13    Illinois who own at least 40 acres of land and wish  to  hunt
14    on   their   land   only  shall  be  charged  a  fee  set  by
15    administrative rule. The method for obtaining  these  permits
16    shall be prescribed by administrative rule.
17        The deer hunting permit issued without fee shall be valid
18    on all farm lands which the person to whom it is issued owns,
19    leases  or  rents, except that in the case of a permit issued
20    to a bona fide equity shareholder or bona fide equity member,
21    the  permit  shall  be  valid  on  all  lands  owned  by  the
22    corporation or limited liability company in the county.
23        The standards and specifications for use of guns and  bow
24    and   arrow   for   deer  hunting  shall  be  established  by
25    administrative rule.
26        No person may have in  his  possession  any  firearm  not
27    authorized  by  administrative  rule  for  a specific hunting
28    season when taking deer.
29        Persons having a firearm deer  hunting  permit  shall  be
30    permitted  to  take deer only during the period from 1/2 hour
31    before sunrise to sunset, and  only  during  those  days  for
32    which an open season is established for the taking of deer by
33    use of shotgun, handgun, or muzzle loading rifle.
34        Persons  having  an  archery deer hunting permit shall be
 
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 1    permitted to take deer only during the period from  1/2  hour
 2    before  sunrise  to  1/2  hour  after sunset, and only during
 3    those days for which an open season is  established  for  the
 4    taking of deer by use of bow and arrow.
 5        It  shall  be unlawful for any person to take deer by use
 6    of dogs, horses, automobiles, aircraft or other vehicles,  or
 7    by  the  use  of  salt  or  bait  of  any  kind.   An area is
 8    considered as baited  during  the  presence  of  and  for  10
 9    consecutive days following the removal of bait.
10        It  shall  be  unlawful  to possess or transport any wild
11    deer which has been injured or killed in any  manner  upon  a
12    public  highway  or  public right-of-way of this State unless
13    exempted by administrative rule.
14        Persons hunting deer must have gun unloaded  and  no  bow
15    and  arrow  device  shall  be  carried  with the arrow in the
16    nocked position during hours when deer hunting is unlawful.
17        It shall be unlawful for any  person,  having  taken  the
18    legal  limit  of deer by gun, to further participate with gun
19    in any deer hunting party.
20        It shall be unlawful for any  person,  having  taken  the
21    legal  limit of deer by bow and arrow, to further participate
22    with bow and arrow in any deer hunting party.
23        The Department may prohibit upland  game  hunting  during
24    the gun deer season by administrative rule.
25        It  shall be legal for handicapped persons, as defined in
26    Section 2.33, to utilize a crossbow  device,  as  defined  in
27    Department rules, to take deer.
28        Any  person  who  violates  any of the provisions of this
29    Section, including administrative rules, shall be guilty of a
30    Class B misdemeanor.
31    (Source: P.A. 92-177,  eff.  7-27-01;  92-261,  eff.  8-7-01;
32    92-651, eff. 7-11-02.)

33        (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
 
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 1        Sec.  3.2.  Hunting  license;  application;  instruction.
 2    Before the Department or any county, city, village, township,
 3    incorporated  town  clerk or his duly designated agent or any
 4    other person authorized or designated by  the  Department  to
 5    issue  hunting  licenses shall issue a hunting license to any
 6    person, the  person  shall  file  his  application  with  the
 7    Department  or  other party authorized to issue licenses on a
 8    form provided by the Department  and  further  give  definite
 9    proof  of  identity and place of legal residence.  Each clerk
10    designating agents to issue licenses and stamps shall furnish
11    the Department, within 10 days following the appointment, the
12    names and mailing addresses of the agents.  Each clerk or his
13    duly designated agent shall be authorized  to  sell  licenses
14    and  stamps only within the territorial area for which he was
15    elected or appointed.  No duly designated agent is authorized
16    to furnish licenses or  stamps  for  issuance  by  any  other
17    business  establishment.   Each application shall be executed
18    and sworn to and shall set forth the name and description  of
19    the applicant and place of residence.
20        No  hunting license shall be issued to any person born on
21    or after January  1,  1980  unless  he  presents  the  person
22    authorized  to  issue the license evidence that he has held a
23    hunting license issued by the State of  Illinois  or  another
24    state  in  a  prior  year,  or a certificate of competency as
25    provided in this Section.  Persons under 16 years of age  may
26    be  issued  a  Lifetime  Hunting  or  Sportsmen's Combination
27    License as provided under  Section  20-45  of  the  Fish  and
28    Aquatic  Life  Code  but shall not be entitled to hunt unless
29    they have a certificate of competency  as  provided  in  this
30    Section   and  they  shall  have  the  certificate  in  their
31    possession while hunting.
32        The  Department  of  Natural  Resources  shall  authorize
33    personnel  of   the   Department   or   certified   volunteer
34    instructors  to conduct courses, of not less than 10 hours in
 
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 1    length, in firearms and  hunter  safety,  which  may  include
 2    training  in  bow  and  arrow  safety, at regularly specified
 3    intervals  throughout  the   State.    Persons   successfully
 4    completing   the   course  shall  receive  a  certificate  of
 5    competency.  The Department of Natural Resources may  further
 6    cooperate  with  any reputable association or organization in
 7    establishing courses if the organization has as  one  of  its
 8    objectives  the  promotion  of  safety  in  the  handling  of
 9    firearms or bow and arrow.
10        The  Department  of Natural Resources shall designate any
11    person found by it to be competent  to  give  instruction  in
12    the  handling  of firearms, hunter safety, and bow and arrow.
13    The persons so appointed shall give the course of instruction
14    and upon the successful completion shall issue to the  person
15    instructed  a  certificate of competency in the safe handling
16    of firearms, hunter safety, and bow  and  arrow.   No  charge
17    shall  be  made  for  any  course  of  instruction except for
18    materials or ammunition consumed.  The Department of  Natural
19    Resources  shall  furnish  information on the requirements of
20    hunter safety education programs to be  distributed  free  of
21    charge  to  applicants  for  hunting  licenses by the persons
22    appointed and authorized to issue licenses.   Funds  for  the
23    conducting  of  firearms  and  hunter safety courses shall be
24    taken  from  the  fee  charged   for   the   Firearm   Owners
25    Identification Card.
26        The  fee  for a hunting license to hunt all species for a
27    resident of Illinois is $7.  For residents age 65  or  older,
28    the  fee is one-half of the fee charged for a hunting license
29    to hunt all species for a resident of Illinois.  Nonresidents
30    shall be charged $50 for a hunting license.
31        Nonresidents  may be issued a nonresident hunting license
32    for a period not to exceed 10 consecutive  days'  hunting  in
33    the State and shall be charged a fee of $28.
34        A  special  nonresident  hunting  license  authorizing  a
 
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 1    nonresident  to take game birds by hunting on a game breeding
 2    and hunting preserve area  only,  established  under  Section
 3    3.27,  shall be issued upon proper application being made and
 4    payment of a  fee  equal  to  that  for  a  resident  hunting
 5    license.  The expiration date of this license shall be on the
 6    same  date  March  31  of  each  year  that game breeding and
 7    hunting preserve area licenses expire.
 8        Each applicant for a  State  Migratory  Waterfowl  Stamp,
 9    regardless  of  his residence or other condition, shall pay a
10    fee of $10 and shall receive  a  stamp.  Except  as  provided
11    under  Section  20-45  of the Fish and Aquatic Life Code, the
12    stamp shall be signed by the person or affixed to his license
13    or permit in a space designated by the  Department  for  that
14    purpose.
15        Each  applicant  for a State Habitat Stamp, regardless of
16    his residence or other condition, shall pay a fee of  $5  and
17    shall receive a stamp. Except as provided under Section 20-45
18    of  the Fish and Aquatic Life Code, the stamp shall be signed
19    by the person or affixed to his license or permit in a  space
20    designated by the Department for that purpose.
21        Nothing  in this Section shall be construed as to require
22    the purchase of more than one  State  Habitat  Stamp  by  any
23    person in any one license year.
24        The  Department  shall  furnish  the  holders  of hunting
25    licenses  and  stamps  with  an  insignia  as   evidence   of
26    possession   of   license,  or  license  and  stamp,  as  the
27    Department may consider advisable.   The  insignia  shall  be
28    exhibited and used as the Department may order.
29        All  other  hunting  licenses  and all State stamps shall
30    expire upon March 31 of each year.
31        Every person holding any license, permit, or stamp issued
32    under the provisions  of  this  Act  shall  have  it  in  his
33    possession  for  immediate presentation for inspection to the
34    officers and authorized  employees  of  the  Department,  any
 
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 1    sheriff,  deputy sheriff, or any other peace officer making a
 2    demand for it.  This provision shall not apply to  Department
 3    owned  or managed sites where it is required that all hunters
 4    deposit   their   license,   permit,   or   Firearm   Owner's
 5    Identification Card at the check station  upon  entering  the
 6    hunting areas.
 7    (Source: P.A.   89-75,  eff.  1-1-96;  89-338,  eff.  1-1-96;
 8    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  90-225,  eff.
 9    7-25-97.)

10        (520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
11        Sec. 3.27.  Any person owning, holding or controlling, by
12    lease, which possession must be for  a  term  of  5  or  more
13    years,  any  contiguous  tract  of land having an area of not
14    less than 200 acres, and not more than 1280  acres,  with  at
15    least  100 acres of suitable wildlife habitat, who desires to
16    establish a game  breeding  and  hunting  preserve  area,  to
17    propagate,   preserve   and   hunt   game  birds  shall  make
18    application  to  the  Department  for  a  license  as  herein
19    provided. Such application shall be made under  oath  of  the
20    applicant  or  under oath of one of its principal officers if
21    the applicant is an association, club or corporation. In  the
22    case  of  releasing  and harvesting hand reared mallards, the
23    tract of land, with the approval of the  Department,  may  be
24    smaller  than  that required in this Section but in all other
25    respects the applicant shall conform  to  the  provisions  of
26    this  Act.  The application shall be accompanied by a license
27    fee of not to exceed $100 for a Class A license or a  license
28    fee not to exceed $200 for a Class B license.
29        Every  licensee under this Section shall release not less
30    than 250 Bobwhite quail or pheasants each season.
31        Upon receipt of such application,  the  Department  shall
32    inspect   the   proposed  licensed  area  described  in  such
33    application and the premises and facilities where game  birds
 
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 1    are  to  be  propagated  and the cover for game birds and the
 2    ability of the  applicant  to  operate  a  property  of  this
 3    character.  If  the  Department finds that the area meets the
 4    requirements of all applicable laws and administrative  rules
 5    and  that  the  game birds are reasonably healthy and disease
 6    free; and that the issuing of the license will  otherwise  be
 7    in  the  public  interest;  the  Department shall approve the
 8    application and issue the license for the  operation  of  the
 9    property  described  in  the  application with the rights and
10    subject to the limitations in this Act prescribed.
11        All game breeding  and  hunting  preserve  area  licenses
12    expire on April 30 of each year.
13        Upon receipt of such license, the licensee shall promptly
14    post  such  licensed  areas at intervals of not more than 500
15    feet with signs to  be  prescribed  by  the  Department.  The
16    boundaries   of  such  licensed  game  breeding  and  hunting
17    preserve areas shall also be clearly defined  by  natural  or
18    artificial boundaries and by signs.
19    (Source: P.A. 85-152.)

20        (520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
21        Sec. 3.29.  For the purpose of this Act, game birds shall
22    be  released upon licensed game breeding and hunting preserve
23    areas  in  a  manner  satisfactory  to  the  Department.  The
24    licensee shall keep a register on  forms  prescribed  by  the
25    Department  which  shall  clearly show the number and kind of
26    game birds released and propagated each year, the month  date
27    of release, and also the number and kind of game birds taken,
28    the  month  date  when taken and the disposition made of such
29    game birds, and shall submit such reports under  oath  as  to
30    game  birds released, propagated and taken, to the Department
31    not later than 10 days following the end of each month during
32    the season. The Department shall keep an adequate  record  of
33    the  number of birds released and propagated on each licensed
 
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 1    game breeding and hunting preserve area in each year  and  of
 2    the birds taken.
 3        The  Department  shall  prepare special tags suitable for
 4    use upon legs of game birds, including  hand  reared  mallard
 5    ducks,  which  tags  shall be of a type not removable without
 6    breaking and mutilating the tag, such  tags  to  be  used  to
 7    designate  birds  taken  upon  a  licensed  game breeding and
 8    hunting preserve area, and such tag shall remain upon the leg
 9    of such game bird until such bird  is  finally  prepared  for
10    consumption.  Those licensed areas which dress game birds may
11    affix the tag to the bag in which the dressed game birds  are
12    bird  is  contained. Upon application and payment of a fee of
13    10 cents for each such  tag,  the  Department  shall  furnish
14    licensees  with such tags; provided that the Department shall
15    not in any year furnish any licensee  a  number  of  tags  in
16    excess  of  the  number  of  game birds which may lawfully be
17    taken from such licensed area as hereinbefore  provided.  All
18    game  birds  harvested  on  licensed areas are to be properly
19    banded on the same day they are taken.
20    (Source: P.A. 84-150.)

21        (520 ILCS 5/3.30) (from Ch. 61, par. 3.30)
22        Sec. 3.30.  Game birds may be taken upon a Class  A  game
23    breeding  and  hunting  preserve  area only during the period
24    from September 1st to April 15th, or as otherwise  determined
25    by  the  Director  through  the issuance of an Administrative
26    Rule, of each year, both dates inclusive. Game birds  may  be
27    taken  upon a Class B game breeding and hunting preserve area
28    all year.
29        Before any person shall take  or  attempt  to  take  game
30    birds  upon  such licensed game breeding and hunting preserve
31    areas, he shall first secure a hunting license in  accordance
32    with this Act.
33    (Source: P.A. 85-152.)
 
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 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.