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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
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 dateMarch 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
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.
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 monthdate
27 of release, and also the number and kind of game birds taken,
28 the monthdate 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.