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Full Text of SB0257  93rd General Assembly

SB0257enr 93rd General Assembly


093_SB0257enr

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