102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3754

 

Introduced 2/22/2021, by Rep. Charles Meier

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2a-1 new
520 ILCS 5/2.25  from Ch. 61, par. 2.25
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Permits the use of an airbow in hunting deer. Defines "airbow". Makes conforming changes.


LRB102 05133 CMG 15154 b

 

 

A BILL FOR

 

HB3754LRB102 05133 CMG 15154 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.25 and 2.26 and by adding Section 1.2a-1 as
6follows:
 
7    (520 ILCS 5/1.2a-1 new)
8    Sec. 1.2a-1. "Airbow" means a bow and arrow device that
9applies 150 pounds of force in the form of compressed air to an
10arrow over a 25 inch power stroke.
 
11    (520 ILCS 5/2.25)  (from Ch. 61, par. 2.25)
12    Sec. 2.25. It shall be unlawful for any person to take deer
13except (i) with a shotgun, handgun, or muzzleloading rifle or
14(ii) as provided by administrative rule, with a bow and arrow
15or airbow, during the open season of not more than 14 days
16which will be set annually by the Director between the dates of
17November 1st and December 31st, both inclusive, or a special
183-day, youth-only season between the dates of September 1 and
19October 31. For the purposes of this Section, legal handguns
20include any centerfire handguns of .30 caliber or larger with
21a minimum barrel length of 4 inches. The only legal ammunition
22for a centerfire handgun is a cartridge of .30 caliber or

 

 

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1larger with a capability of at least 500 foot pounds of energy
2at the muzzle. Full metal jacket bullets may not be used to
3harvest deer.
4    The Department shall make administrative rules concerning
5management restrictions applicable to the firearm and bow and
6arrow season.
7    It shall be unlawful for any person to take deer except
8with a bow and arrow or airbow during the open season for bow
9and arrow set annually by the Director between the dates of
10September 1st and January 31st, both inclusive.
11    It shall be unlawful for any person to take deer except
12with (i) a muzzleloading rifle or (ii) bow and arrow or airbow
13during the open season for muzzleloading rifles set annually
14by the Director.
15    The Director shall cause an administrative rule setting
16forth the prescribed rules and regulations, including bag and
17possession limits and those counties of the State where open
18seasons are established, to be published in accordance with
19Sections 1.3 and 1.13 of this Act.
20    The Department may establish separate harvest periods for
21the purpose of managing or eradicating disease that has been
22found in the deer herd. This season shall be restricted to gun,
23or bow and arrow, and airbow hunting only. The Department
24shall publicly announce, via statewide news release, the
25season dates and shooting hours, the counties and sites open
26to hunting, permit requirements, application dates, hunting

 

 

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1rules, legal weapons, and reporting requirements.
2    The Department is authorized to establish a separate
3harvest period at specific sites within the State for the
4purpose of harvesting surplus deer that cannot be taken during
5the regular season provided for the taking of deer. This
6season shall be restricted to gun, or bow and arrow, and airbow
7hunting only and shall be established during the period of
8September 1st to February 15th, both inclusive. The Department
9shall publish suitable prescribed rules and regulations
10established by administrative rule pertaining to management
11restrictions applicable to this special harvest program. The
12Department shall allow unused gun deer permits that are left
13over from a regular season for the taking of deer to be rolled
14over and used during any separate harvest period held within 6
15months of the season for which those tags were issued at no
16additional cost to the permit holder subject to the management
17restrictions applicable to the special harvest program.
18    Beginning July 1, 2019, and on an annual basis thereafter,
19the Department shall provide a report to the General Assembly
20providing information regarding deer management programs
21established by the Code or by administrative rule that
22includes: (1) the number of surplus deer taken during each
23separate harvest season; (2) the number of deer found to have a
24communicable disease or other abnormality; and (3) what
25happens to the deer taken during each separate harvest season.
26(Source: P.A. 101-66, eff. 7-12-19.)
 

 

 

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1    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
2    Sec. 2.26. Deer hunting permits. Any person attempting to
3take deer shall first obtain a "Deer Hunting Permit" issued by
4the Department in accordance with its administrative rules.
5Those rules must provide for the issuance of the following
6types of resident deer archery permits: (i) a combination
7permit, consisting of one either-sex permit and one
8antlerless-only permit, (ii) a single antlerless-only permit,
9and (iii) a single either-sex permit. The fee for a Deer
10Hunting Permit to take deer with either bow and arrow or gun
11shall not exceed $25.00 for residents of the State. The
12Department may by administrative rule provide for non-resident
13deer hunting permits for which the fee will not exceed $300 in
142005, $350 in 2006, and $400 in 2007 and thereafter except as
15provided below for non-resident landowners and non-resident
16archery hunters. The Department may by administrative rule
17provide for a non-resident archery deer permit consisting of
18not more than 2 harvest tags at a total cost not to exceed $325
19in 2005, $375 in 2006, and $425 in 2007 and thereafter. The
20fees for a youth resident and non-resident archery deer permit
21shall be the same.
22    The Department shall create a pilot program during the
23special 3-day, youth-only deer hunting season to allow for
24youth deer hunting permits that are valid statewide, excluding
25those counties or portions of counties closed to firearm deer

 

 

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1hunting. The Department shall adopt rules to implement the
2pilot program. Nothing in this paragraph shall be construed to
3prohibit the Department from issuing Special Hunt Area Permits
4for the youth-only deer hunting season or establishing,
5through administrative rule, additional requirements
6pertaining to the youth-only deer hunting season on
7Department-owned or Department-managed sites, including
8site-specific quotas or drawings. The provisions of this
9paragraph are inoperative on and after January 1, 2023.
10    The standards and specifications for use of guns, and bow
11and arrow, and airbow for deer hunting shall be established by
12administrative rule.
13    No person may have in his or her possession any firearm not
14authorized by administrative rule for a specific hunting
15season when taking deer.
16    Persons having a firearm deer hunting permit shall be
17permitted to take deer only during the period from 1/2 hour
18before sunrise to 1/2 hour after sunset, and only during those
19days for which an open season is established for the taking of
20deer by use of shotgun, handgun, or muzzle loading rifle.
21    Persons having an archery deer hunting permit shall be
22permitted to take deer only during the period from 1/2 hour
23before sunrise to 1/2 hour after sunset, and only during those
24days for which an open season is established for the taking of
25deer by use of bow and arrow or airbow.
26    It shall be unlawful for any person to take deer by use of

 

 

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1dogs, horses, automobiles, aircraft or other vehicles, or by
2the use or aid of bait or baiting of any kind. For the purposes
3of this Section, "bait" means any material, whether liquid or
4solid, including food, salt, minerals, and other products,
5except pure water, that can be ingested, placed, or scattered
6in such a manner as to attract or lure white-tailed deer.
7"Baiting" means the placement or scattering of bait to attract
8deer. An area is considered as baited during the presence of
9and for 10 consecutive days following the removal of bait.
10Nothing in this Section shall prohibit the use of a dog to
11track wounded deer. Any person using a dog for tracking
12wounded deer must maintain physical control of the dog at all
13times by means of a maximum 50 foot lead attached to the dog's
14collar or harness. Tracking wounded deer is permissible at
15night, but at no time outside of legal deer hunting hours or
16seasons shall any person handling or accompanying a dog being
17used for tracking wounded deer be in possession of any firearm
18or archery device. Persons tracking wounded deer with a dog
19during the firearm deer seasons shall wear blaze orange or
20solid blaze pink color as required. Dog handlers tracking
21wounded deer with a dog are exempt from hunting license and
22deer permit requirements so long as they are accompanied by
23the licensed deer hunter who wounded the deer.
24    It shall be unlawful to possess or transport any wild deer
25which has been injured or killed in any manner upon a public
26highway or public right-of-way of this State unless exempted

 

 

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1by administrative rule.
2    Persons hunting deer must have gun unloaded and no bow and
3arrow device, including an airbow, shall be carried with the
4arrow in the nocked position during hours when deer hunting is
5unlawful.
6    It shall be unlawful for any person, having taken the
7legal limit of deer by gun, to further participate with gun in
8any deer hunting party.
9    It shall be unlawful for any person, having taken the
10legal limit of deer by bow and arrow or airbow, to further
11participate with bow and arrow or airbow in any deer hunting
12party.
13    The Department may prohibit upland game hunting during the
14gun deer season by administrative rule.
15    The Department shall not limit the number of non-resident,
16either-sex archery deer hunting permits to less than 20,000.
17    Any person who violates any of the provisions of this
18Section, including administrative rules, shall be guilty of a
19Class B misdemeanor.
20    For the purposes of calculating acreage under this
21Section, the Department shall, after determining the total
22acreage of the applicable tract or tracts of land, round
23remaining fractional portions of an acre greater than or equal
24to half of an acre up to the next whole acre.
25    For the purposes of taking white-tailed deer, nothing in
26this Section shall be construed to prevent the manipulation,

 

 

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1including mowing or cutting, of standing crops as a normal
2agricultural or soil stabilization practice, food plots, or
3normal agricultural practices, including planting, harvesting,
4and maintenance such as cultivating or the use of products
5designed for scent only and not capable of ingestion, solid or
6liquid, placed or scattered, in such a manner as to attract or
7lure deer. Such manipulation for the purpose of taking
8white-tailed deer may be further modified by administrative
9rule.
10(Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19;
11101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)