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Public Act 097-0907


 

Public Act 0907 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0907
 
HB4819 EnrolledLRB097 17121 CEL 62319 b

    AN ACT concerning wildlife.
 
    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, and 2.33 and by adding Sections 1.2j-1 and
2.5 as follows:
 
    (520 ILCS 5/1.2j-1 new)
    Sec. 1.2j-1. "Bow and arrow" means a longbow, recurve bow,
compound bow, or crossbow.
 
    (520 ILCS 5/2.5 new)
    Sec. 2.5. Crossbow conditions. A person may use a crossbow
if one or more of the following conditions are met:
        (1) the user is a person age 62 and older;
        (2) the user is a handicapped person to whom the
    Director has issued a permit to use a crossbow, as provided
    by administrative rule; or
        (3) the date of using the crossbow is during the period
    of the second Monday following the Thanksgiving holiday
    through the last day of the archery deer hunting season
    (both inclusive) set annually by the Director.
    As used in this Section, "handicapped person" means a
person who has a physical impairment due to injury or disease,
congenital or acquired, which renders them so severely disabled
as to be unable to use a longbow, recurve bow, or compound bow.
Permits must be issued only after the receipt of a physician's
statement confirming the applicant is handicapped as defined
above.
 
    (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, and persons age 62 or older 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, or a special 2-day, youth-only season
between the dates of September 1 and October 31. 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, and persons age 62 or
older 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, and persons age 62 or older 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 may establish separate harvest periods for
the purpose of managing or eradicating disease that has been
found in the deer herd. This season shall be restricted to gun
or bow and arrow hunting only. The Department shall publicly
announce, via statewide news release, the season dates and
shooting hours, the counties and sites open to hunting, permit
requirements, application dates, hunting rules, legal weapons,
and reporting requirements.
    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. The Department
shall allow unused gun deer permits that are left over from a
regular season for the taking of deer to be rolled over and
used during any separate harvest period held within 6 months of
the season for which those tags were issued at no additional
cost to the permit holder subject to the management
restrictions applicable to the special harvest program.
(Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329,
eff. 8-21-07; 95-876, eff. 8-21-08.)
 
    (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.
    In this Section, "bona fide equity partner" means an
individual who (1) (i) became a partner, either general or
limited, upon the formation of a partnership or limited
partnership, or (ii) has purchased, acquired, or been gifted a
partnership interest accurately representing his or her
percentage distributional interest in the profits, losses, and
assets of a partnership or limited partnership, (2) intends to
retain ownership of the partnership interest for at least 5
years, and (3) is a resident of Illinois.
    Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" issued by the Department in accordance
with its administrative rules. Those rules must provide for the
issuance of the following types of resident deer archery
permits: (i) a combination permit, consisting of one either-sex
permit and one antlerless-only permit, (ii) a single
antlerless-only permit, and (iii) a single either-sex permit.
The fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $25.00 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 $300 in 2005, $350 in 2006, and $400 in 2007 and
thereafter 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 $325 in 2005, $375 in 2006, and $425
in 2007 and thereafter. 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,
    bona fide equity members of a limited liability company, or
    bona fide equity partners of a general or limited
    partnership which owns at least 40 acres of land in a
    county in Illinois who wish to hunt on the corporation's,
    company's, or partnership's land only. One permit shall be
    issued without charge to one bona fide equity shareholder,
    one bona fide equity member, or one bona fide equity
    partner for each 40 acres of land owned by the corporation,
    company, or partnership 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, and shall not exceed 3 in the case of bona fide
    equity partners of a partnership.
    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, bona fide equity members, or bona fide equity
partners who do not wish to hunt only on the land owned by the
corporation, limited liability company, or partnership shall
be charged the same fee as the applicant who is not a
landowner, tenant, bona fide equity shareholder, bona fide
equity member, or bona fide equity partner. 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, bona fide equity member, or
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, limited liability company, or
partnership 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 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 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 or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products that
can be ingested, placed, or scattered in such a manner as to
attract or lure white-tailed deer. "Baiting" means the
placement or scattering of bait to attract deer. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of bait. Nothing in this
Section shall prohibit the use of a dog to track wounded deer.
Any person using a dog for tracking wounded deer must maintain
physical control of the dog at all times by means of a maximum
50 foot lead attached to the dog's collar or harness. Tracking
wounded deer is permissible at night, but at no time outside of
legal deer hunting hours or seasons shall any person handling
or accompanying a dog being used for tracking wounded deer be
in possession of any firearm or archery device. Persons
tracking wounded deer with a dog during the firearm deer
seasons shall wear blaze orange as required. Dog handlers
tracking wounded deer with a dog are exempt from hunting
license and deer permit requirements so long as they are
accompanied by the licensed deer hunter who wounded the deer.
    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.
    The Department shall not limit the number of non-resident
either sex archery deer hunting permits to less than 20,000.
    It shall be legal for handicapped persons, as defined in
Section 2.33, and persons age 62 or older 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.
    For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
    For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
96-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
 
    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
    Sec. 2.33. Prohibitions.
    (a) It is unlawful to carry or possess any gun in any State
refuge unless otherwise permitted by administrative rule.
    (b) It is unlawful to use or possess any snare or
snare-like device, deadfall, net, or pit trap to take any
species, except that snares not powered by springs or other
mechanical devices may be used to trap fur-bearing mammals, in
water sets only, if at least one-half of the snare noose is
located underwater at all times.
    (c) It is unlawful for any person at any time to take a
wild mammal protected by this Act from its den by means of any
mechanical device, spade, or digging device or to use smoke or
other gases to dislodge or remove such mammal except as
provided in Section 2.37.
    (d) It is unlawful to use a ferret or any other small
mammal which is used in the same or similar manner for which
ferrets are used for the purpose of frightening or driving any
mammals from their dens or hiding places.
    (e) (Blank).
    (f) It is unlawful to use spears, gigs, hooks or any like
device to take any species protected by this Act.
    (g) It is unlawful to use poisons, chemicals or explosives
for the purpose of taking any species protected by this Act.
    (h) It is unlawful to hunt adjacent to or near any peat,
grass, brush or other inflammable substance when it is burning.
    (i) It is unlawful to take, pursue or intentionally harass
or disturb in any manner any wild birds or mammals by use or
aid of any vehicle or conveyance, except as permitted by the
Code of Federal Regulations for the taking of waterfowl. It is
also unlawful to use the lights of any vehicle or conveyance or
any light from or any light connected to the vehicle or
conveyance in any area where wildlife may be found except in
accordance with Section 2.37 of this Act; however, nothing in
this Section shall prohibit the normal use of headlamps for the
purpose of driving upon a roadway. Striped skunk, opossum, red
fox, gray fox, raccoon and coyote may be taken during the open
season by use of a small light which is worn on the body or
hand-held by a person on foot and not in any vehicle.
    (j) It is unlawful to use any shotgun larger than 10 gauge
while taking or attempting to take any of the species protected
by this Act.
    (k) It is unlawful to use or possess in the field any
shotgun shell loaded with a shot size larger than lead BB or
steel T (.20 diameter) when taking or attempting to take any
species of wild game mammals (excluding white-tailed deer),
wild game birds, migratory waterfowl or migratory game birds
protected by this Act, except white-tailed deer as provided for
in Section 2.26 and other species as provided for by subsection
(l) or administrative rule.
    (l) It is unlawful to take any species of wild game, except
white-tailed deer, with a shotgun loaded with slugs unless
otherwise provided for by administrative rule.
    (m) It is unlawful to use any shotgun capable of holding
more than 3 shells in the magazine or chamber combined, except
on game breeding and hunting preserve areas licensed under
Section 3.27 and except as permitted by the Code of Federal
Regulations for the taking of waterfowl. If the shotgun is
capable of holding more than 3 shells, it shall, while being
used on an area other than a game breeding and shooting
preserve area licensed pursuant to Section 3.27, be fitted with
a one piece plug that is irremovable without dismantling the
shotgun or otherwise altered to render it incapable of holding
more than 3 shells in the magazine and chamber, combined.
    (n) It is unlawful for any person, except persons who
possess a permit to hunt from a vehicle as provided in this
Section and persons otherwise permitted by law, to have or
carry any gun in or on any vehicle, conveyance or aircraft,
unless such gun is unloaded and enclosed in a case, except that
at field trials authorized by Section 2.34 of this Act,
unloaded guns or guns loaded with blank cartridges only, may be
carried on horseback while not contained in a case, or to have
or carry any bow or arrow device in or on any vehicle unless
such bow or arrow device is unstrung or enclosed in a case, or
otherwise made inoperable.
    (o) It is unlawful to use any crossbow for the purpose of
taking any wild birds or mammals, except as provided for in
Section 2.5 2.33.
    (p) It is unlawful to take game birds, migratory game birds
or migratory waterfowl with a rifle, pistol, revolver or
airgun.
    (q) It is unlawful to fire a rifle, pistol, revolver or
airgun on, over or into any waters of this State, including
frozen waters.
    (r) It is unlawful to discharge any gun or bow and arrow
device along, upon, across, or from any public right-of-way or
highway in this State.
    (s) It is unlawful to use a silencer or other device to
muffle or mute the sound of the explosion or report resulting
from the firing of any gun.
    (t) It is unlawful for any person to trap or hunt, or
intentionally or wantonly allow a dog to hunt, within or upon
the land of another, or upon waters flowing over or standing on
the land of another, without first obtaining permission from
the owner or tenant. It shall be prima facie evidence that a
person does not have permission of the owner or tenant if the
person is unable to demonstrate to the law enforcement officer
in the field that permission had been obtained. This provision
may only be rebutted by testimony of the owner or tenant that
permission had been given. Before enforcing this Section the
law enforcement officer must have received notice from the
owner or tenant of a violation of this Section. Statements made
to the law enforcement officer regarding this notice shall not
be rendered inadmissible by the hearsay rule when offered for
the purpose of showing the required notice.
    (u) It is unlawful for any person to discharge any firearm
for the purpose of taking any of the species protected by this
Act, or hunt with gun or dog, or intentionally or wantonly
allow a dog to hunt, within 300 yards of an inhabited dwelling
without first obtaining permission from the owner or tenant,
except that while trapping, hunting with bow and arrow, hunting
with dog and shotgun using shot shells only, or hunting with
shotgun using shot shells only, or on licensed game breeding
and hunting preserve areas, as defined in Section 3.27, on
property operated under a Migratory Waterfowl Hunting Area
Permit, on federally owned and managed lands and on Department
owned, managed, leased or controlled lands, a 100 yard
restriction shall apply.
    (v) It is unlawful for any person to remove fur-bearing
mammals from, or to move or disturb in any manner, the traps
owned by another person without written authorization of the
owner to do so.
    (w) It is unlawful for any owner of a dog to knowingly or
wantonly allow his or her dog to pursue, harass or kill deer,
except that nothing in this Section shall prohibit the tracking
of wounded deer with a dog in accordance with the provisions of
Section 2.26 of this Code.
    (x) It is unlawful for any person to wantonly or carelessly
injure or destroy, in any manner whatsoever, any real or
personal property on the land of another while engaged in
hunting or trapping thereon.
    (y) It is unlawful to hunt wild game protected by this Act
between one half hour after sunset and one half hour before
sunrise, except that hunting hours between one half hour after
sunset and one half hour before sunrise may be established by
administrative rule for fur-bearing mammals.
    (z) It is unlawful to take any game bird (excluding wild
turkeys and crippled pheasants not capable of normal flight and
otherwise irretrievable) protected by this Act when not flying.
Nothing in this Section shall prohibit a person from carrying
an uncased, unloaded shotgun in a boat, while in pursuit of a
crippled migratory waterfowl that is incapable of normal
flight, for the purpose of attempting to reduce the migratory
waterfowl to possession, provided that the attempt is made
immediately upon downing the migratory waterfowl and is done
within 400 yards of the blind from which the migratory
waterfowl was downed. This exception shall apply only to
migratory game birds that are not capable of normal flight.
Migratory waterfowl that are crippled may be taken only with a
shotgun as regulated by subsection (j) of this Section using
shotgun shells as regulated in subsection (k) of this Section.
    (aa) It is unlawful to use or possess any device that may
be used for tree climbing or cutting, while hunting fur-bearing
mammals, excluding coyotes.
    (bb) It is unlawful for any person, except licensed game
breeders, pursuant to Section 2.29 to import, carry into, or
possess alive in this State any species of wildlife taken
outside of this State, without obtaining permission to do so
from the Director.
    (cc) It is unlawful for any person to have in his or her
possession any freshly killed species protected by this Act
during the season closed for taking.
    (dd) It is unlawful to take any species protected by this
Act and retain it alive except as provided by administrative
rule.
    (ee) It is unlawful to possess any rifle while in the field
during gun deer season except as provided in Section 2.26 and
administrative rules.
    (ff) It is unlawful for any person to take any species
protected by this Act, except migratory waterfowl, during the
gun deer hunting season in those counties open to gun deer
hunting, unless he or she wears, when in the field, a cap and
upper outer garment of a solid blaze orange color, with such
articles of clothing displaying a minimum of 400 square inches
of blaze orange material.
    (gg) It is unlawful during the upland game season for any
person to take upland game with a firearm unless he or she
wears, while in the field, a cap of solid blaze orange color.
For purposes of this Act, upland game is defined as Bobwhite
Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
Cottontail and Swamp Rabbit.
    (hh) It shall be unlawful to kill or cripple any species
protected by this Act for which there is a daily bag limit
without making a reasonable effort to retrieve such species and
include such in the daily bag limit.
    (ii) This Section shall apply only to those species
protected by this Act taken within the State. Any species or
any parts thereof, legally taken in and transported from other
states or countries, may be possessed within the State, except
as provided in this Section and Sections 2.35, 2.36 and 3.21.
    (jj) (Blank). Nothing contained in this Section shall
prohibit the use of bow and arrow, prohibit the use of a
crossbow by persons age 62 or older, or prevent the Director
from issuing permits to use a crossbow to handicapped persons
as provided by administrative rule. As used herein,
"handicapped persons" means those persons who have a physical
impairment due to injury or disease, congenital or acquired,
which renders them so severely disabled as to be unable to use
a conventional bow and arrow device. Permits must be issued
only after the receipt of a physician's statement confirming
the applicant is handicapped as defined above.
    (kk) Nothing contained in this Section shall prohibit the
Director from issuing permits to paraplegics or to other
disabled persons who meet the requirements set forth in
administrative rule to shoot or hunt from a vehicle as provided
by that rule, provided that such is otherwise in accord with
this Act.
    (ll) Nothing contained in this Act shall prohibit the
taking of aquatic life protected by the Fish and Aquatic Life
Code or birds and mammals protected by this Act, except deer
and fur-bearing mammals, from a boat not camouflaged or
disguised to alter its identity or to further provide a place
of concealment and not propelled by sail or mechanical power.
However, only shotguns not larger than 10 gauge nor smaller
than .410 bore loaded with not more than 3 shells of a shot
size no larger than lead BB or steel T (.20 diameter) may be
used to take species protected by this Act.
    (mm) Nothing contained in this Act shall prohibit the use
of a shotgun, not larger than 10 gauge nor smaller than a 20
gauge, with a rifled barrel.
(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 8/7/2012