HB4819 EngrossedLRB097 17121 CEL 62319 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, 2.26, and 2.33 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 deer
8except (i) with a shotgun, handgun, or muzzleloading rifle or
9(ii) as provided by administrative rule, with a bow and arrow,
10or crossbow device for handicapped persons, as defined in
11Section 2.33, and persons age 62 or older during the open
12season of not more than 14 days which will be set annually by
13the Director between the dates of November 1st and December
1431st, both inclusive, or a special 2-day, youth-only season
15between the dates of September 1 and October 31. For the
16purposes of this Section, legal handguns include any centerfire
17handguns of .30 caliber or larger with a minimum barrel length
18of 4 inches. The only legal ammunition for a centerfire handgun
19is a cartridge of .30 caliber or larger with a capability of at
20least 500 foot pounds of energy at the muzzle. Full metal
21jacket bullets may not be used to harvest deer.
22    The Department shall make administrative rules concerning
23management restrictions applicable to the firearm and bow and



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1arrow season.
2    It shall be unlawful for any person to take deer except
3with a bow and arrow, or crossbow device for handicapped
4persons, as defined in Section 2.33, and persons age 62 or
5older during the open season for bow and arrow set annually by
6the Director between the dates of September 1st and January
731st, both inclusive.
8    It shall be unlawful for any person to take deer except
9with (i) a muzzleloading rifle, or (ii) bow and arrow, or
10crossbow device for handicapped persons, as defined in Section
112.33, and persons age 62 or older during the open season for
12muzzleloading rifles set annually by the Director.
13    The Director shall cause an administrative rule setting
14forth the prescribed rules and regulations, including bag and
15possession limits and those counties of the State where open
16seasons are established, to be published in accordance with
17Sections 1.3 and 1.13 of this Act.
18    The Department may establish separate harvest periods for
19the purpose of managing or eradicating disease that has been
20found in the deer herd. This season shall be restricted to gun
21or bow and arrow hunting only. The Department shall publicly
22announce, via statewide news release, the season dates and
23shooting hours, the counties and sites open to hunting, permit
24requirements, application dates, hunting rules, legal weapons,
25and reporting requirements.
26    The Department is authorized to establish a separate



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1harvest period at specific sites within the State for the
2purpose of harvesting surplus deer that cannot be taken during
3the regular season provided for the taking of deer. This season
4shall be restricted to gun or bow and arrow hunting only and
5shall be established during the period of September 1st to
6February 15th, both inclusive. The Department shall publish
7suitable prescribed rules and regulations established by
8administrative rule pertaining to management restrictions
9applicable to this special harvest program. The Department
10shall allow unused gun deer permits that are left over from a
11regular season for the taking of deer to be rolled over and
12used during any separate harvest period held within 6 months of
13the season for which those tags were issued at no additional
14cost to the permit holder subject to the management
15restrictions applicable to the special harvest program.
16(Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329,
17eff. 8-21-07; 95-876, eff. 8-21-08.)
18    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
19    Sec. 2.26. Deer hunting permits. In this Section, "bona
20fide equity shareholder" means an individual who (1) purchased,
21for market price, publicly sold stock shares in a corporation,
22purchased shares of a privately-held corporation for a value
23equal to the percentage of the appraised value of the corporate
24assets represented by the ownership in the corporation, or is a
25member of a closely-held family-owned corporation and has



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1purchased or been gifted with shares of stock in the
2corporation accurately reflecting his or her percentage of
3ownership and (2) intends to retain the ownership of the shares
4of stock for at least 5 years.
5    In this Section, "bona fide equity member" means an
6individual who (1) (i) became a member upon the formation of
7the limited liability company or (ii) has purchased a
8distributional interest in a limited liability company for a
9value equal to the percentage of the appraised value of the LLC
10assets represented by the distributional interest in the LLC
11and subsequently becomes a member of the company pursuant to
12Article 30 of the Limited Liability Company Act and who (2)
13intends to retain the membership for at least 5 years.
14    In this Section, "bona fide equity partner" means an
15individual who (1) (i) became a partner, either general or
16limited, upon the formation of a partnership or limited
17partnership, or (ii) has purchased, acquired, or been gifted a
18partnership interest accurately representing his or her
19percentage distributional interest in the profits, losses, and
20assets of a partnership or limited partnership, (2) intends to
21retain ownership of the partnership interest for at least 5
22years, and (3) is a resident of Illinois.
23    Any person attempting to take deer shall first obtain a
24"Deer Hunting Permit" issued by the Department in accordance
25with its administrative rules. Those rules must provide for the
26issuance of the following types of resident deer archery



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1permits: (i) a combination permit, consisting of one either-sex
2permit and one antlerless-only permit, (ii) a single
3antlerless-only permit, and (iii) a single either-sex permit.
4The fee for a Deer Hunting Permit to take deer with either bow
5and arrow or gun shall not exceed $25.00 for residents of the
6State. The Department may by administrative rule provide for
7non-resident deer hunting permits for which the fee will not
8exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
9thereafter except as provided below for non-resident
10landowners and non-resident archery hunters. The Department
11may by administrative rule provide for a non-resident archery
12deer permit consisting of not more than 2 harvest tags at a
13total cost not to exceed $325 in 2005, $375 in 2006, and $425
14in 2007 and thereafter. Permits shall be issued without charge
16        (a) Illinois landowners residing in Illinois who own at
17    least 40 acres of Illinois land and wish to hunt their land
18    only,
19        (b) resident tenants of at least 40 acres of commercial
20    agricultural land where they will hunt, and
21        (c) Bona fide equity shareholders of a corporation,
22    bona fide equity members of a limited liability company, or
23    bona fide equity partners of a general or limited
24    partnership which owns at least 40 acres of land in a
25    county in Illinois who wish to hunt on the corporation's,
26    company's, or partnership's land only. One permit shall be



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1    issued without charge to one bona fide equity shareholder,
2    one bona fide equity member, or one bona fide equity
3    partner for each 40 acres of land owned by the corporation,
4    company, or partnership in a county; however, the number of
5    permits issued without charge to bona fide equity
6    shareholders of any corporation or bona fide equity members
7    of a limited liability company in any county shall not
8    exceed 15, and shall not exceed 3 in the case of bona fide
9    equity partners of a partnership.
10    Bona fide landowners or tenants who do not wish to hunt
11only on the land they own, rent, or lease or bona fide equity
12shareholders, bona fide equity members, or bona fide equity
13partners who do not wish to hunt only on the land owned by the
14corporation, limited liability company, or partnership shall
15be charged the same fee as the applicant who is not a
16landowner, tenant, bona fide equity shareholder, bona fide
17equity member, or bona fide equity partner. Nonresidents of
18Illinois who own at least 40 acres of land and wish to hunt on
19their land only shall be charged a fee set by administrative
20rule. The method for obtaining these permits shall be
21prescribed by administrative rule.
22    The deer hunting permit issued without fee shall be valid
23on all farm lands which the person to whom it is issued owns,
24leases or rents, except that in the case of a permit issued to
25a bona fide equity shareholder, bona fide equity member, or
26bona fide equity partner, the permit shall be valid on all



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1lands owned by the corporation, limited liability company, or
2partnership in the county.
3    The standards and specifications for use of guns and bow
4and arrow for deer hunting shall be established by
5administrative rule.
6    No person may have in his possession any firearm not
7authorized by administrative rule for a specific hunting season
8when taking deer.
9    Persons having a firearm deer hunting permit shall be
10permitted to take deer only during the period from 1/2 hour
11before sunrise to 1/2 hour after sunset, and only during those
12days for which an open season is established for the taking of
13deer by use of shotgun, handgun, or muzzle loading rifle.
14    Persons having an archery deer hunting permit shall be
15permitted to take deer only during the period from 1/2 hour
16before sunrise to 1/2 hour after sunset, and only during those
17days for which an open season is established for the taking of
18deer by use of bow and arrow.
19    It shall be unlawful for any person to take deer by use of
20dogs, horses, automobiles, aircraft or other vehicles, or by
21the use or aid of bait or baiting of any kind. For the purposes
22of this Section, "bait" means any material, whether liquid or
23solid, including food, salt, minerals, and other products that
24can be ingested, placed, or scattered in such a manner as to
25attract or lure white-tailed deer. "Baiting" means the
26placement or scattering of bait to attract deer. An area is



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1considered as baited during the presence of and for 10
2consecutive days following the removal of bait. Nothing in this
3Section shall prohibit the use of a dog to track wounded deer.
4Any person using a dog for tracking wounded deer must maintain
5physical control of the dog at all times by means of a maximum
650 foot lead attached to the dog's collar or harness. Tracking
7wounded deer is permissible at night, but at no time outside of
8legal deer hunting hours or seasons shall any person handling
9or accompanying a dog being used for tracking wounded deer be
10in possession of any firearm or archery device. Persons
11tracking wounded deer with a dog during the firearm deer
12seasons shall wear blaze orange as required. Dog handlers
13tracking wounded deer with a dog are exempt from hunting
14license and deer permit requirements so long as they are
15accompanied by the licensed deer hunter who wounded the deer.
16    It shall be unlawful to possess or transport any wild deer
17which has been injured or killed in any manner upon a public
18highway or public right-of-way of this State unless exempted by
19administrative rule.
20    Persons hunting deer must have gun unloaded and no bow and
21arrow device shall be carried with the arrow in the nocked
22position during hours when deer hunting is unlawful.
23    It shall be unlawful for any person, having taken the legal
24limit of deer by gun, to further participate with gun in any
25deer hunting party.
26    It shall be unlawful for any person, having taken the legal



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1limit of deer by bow and arrow, to further participate with bow
2and arrow in any deer hunting party.
3    The Department may prohibit upland game hunting during the
4gun deer season by administrative rule.
5    The Department shall not limit the number of non-resident
6either sex archery deer hunting permits to less than 20,000.
7    It shall be legal for handicapped persons, as defined in
8Section 2.33, and persons age 62 or older to utilize a crossbow
9device, as defined in Department rules, to take deer.
10    Any person who violates any of the provisions of this
11Section, including administrative rules, shall be guilty of a
12Class B misdemeanor.
13    For the purposes of calculating acreage under this Section,
14the Department shall, after determining the total acreage of
15the applicable tract or tracts of land, round remaining
16fractional portions of an acre greater than or equal to half of
17an acre up to the next whole acre.
18    For the purposes of taking white-tailed deer, nothing in
19this Section shall be construed to prevent the manipulation,
20including mowing or cutting, of standing crops as a normal
21agricultural or soil stabilization practice, food plots, or
22normal agricultural practices, including planting, harvesting,
23and maintenance such as cultivating or the use of products
24designed for scent only and not capable of ingestion, solid or
25liquid, placed or scattered, in such a manner as to attract or
26lure deer. Such manipulation for the purpose of taking



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1white-tailed deer may be further modified by administrative
3(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
496-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
5    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
6    Sec. 2.33. Prohibitions.
7    (a) It is unlawful to carry or possess any gun in any State
8refuge unless otherwise permitted by administrative rule.
9    (b) It is unlawful to use or possess any snare or
10snare-like device, deadfall, net, or pit trap to take any
11species, except that snares not powered by springs or other
12mechanical devices may be used to trap fur-bearing mammals, in
13water sets only, if at least one-half of the snare noose is
14located underwater at all times.
15    (c) It is unlawful for any person at any time to take a
16wild mammal protected by this Act from its den by means of any
17mechanical device, spade, or digging device or to use smoke or
18other gases to dislodge or remove such mammal except as
19provided in Section 2.37.
20    (d) It is unlawful to use a ferret or any other small
21mammal which is used in the same or similar manner for which
22ferrets are used for the purpose of frightening or driving any
23mammals from their dens or hiding places.
24    (e) (Blank).
25    (f) It is unlawful to use spears, gigs, hooks or any like



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1device to take any species protected by this Act.
2    (g) It is unlawful to use poisons, chemicals or explosives
3for the purpose of taking any species protected by this Act.
4    (h) It is unlawful to hunt adjacent to or near any peat,
5grass, brush or other inflammable substance when it is burning.
6    (i) It is unlawful to take, pursue or intentionally harass
7or disturb in any manner any wild birds or mammals by use or
8aid of any vehicle or conveyance, except as permitted by the
9Code of Federal Regulations for the taking of waterfowl. It is
10also unlawful to use the lights of any vehicle or conveyance or
11any light from or any light connected to the vehicle or
12conveyance in any area where wildlife may be found except in
13accordance with Section 2.37 of this Act; however, nothing in
14this Section shall prohibit the normal use of headlamps for the
15purpose of driving upon a roadway. Striped skunk, opossum, red
16fox, gray fox, raccoon and coyote may be taken during the open
17season by use of a small light which is worn on the body or
18hand-held by a person on foot and not in any vehicle.
19    (j) It is unlawful to use any shotgun larger than 10 gauge
20while taking or attempting to take any of the species protected
21by this Act.
22    (k) It is unlawful to use or possess in the field any
23shotgun shell loaded with a shot size larger than lead BB or
24steel T (.20 diameter) when taking or attempting to take any
25species of wild game mammals (excluding white-tailed deer),
26wild game birds, migratory waterfowl or migratory game birds



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1protected by this Act, except white-tailed deer as provided for
2in Section 2.26 and other species as provided for by subsection
3(l) or administrative rule.
4    (l) It is unlawful to take any species of wild game, except
5white-tailed deer, with a shotgun loaded with slugs unless
6otherwise provided for by administrative rule.
7    (m) It is unlawful to use any shotgun capable of holding
8more than 3 shells in the magazine or chamber combined, except
9on game breeding and hunting preserve areas licensed under
10Section 3.27 and except as permitted by the Code of Federal
11Regulations for the taking of waterfowl. If the shotgun is
12capable of holding more than 3 shells, it shall, while being
13used on an area other than a game breeding and shooting
14preserve area licensed pursuant to Section 3.27, be fitted with
15a one piece plug that is irremovable without dismantling the
16shotgun or otherwise altered to render it incapable of holding
17more than 3 shells in the magazine and chamber, combined.
18    (n) It is unlawful for any person, except persons who
19possess a permit to hunt from a vehicle as provided in this
20Section and persons otherwise permitted by law, to have or
21carry any gun in or on any vehicle, conveyance or aircraft,
22unless such gun is unloaded and enclosed in a case, except that
23at field trials authorized by Section 2.34 of this Act,
24unloaded guns or guns loaded with blank cartridges only, may be
25carried on horseback while not contained in a case, or to have
26or carry any bow or arrow device in or on any vehicle unless



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1such bow or arrow device is unstrung or enclosed in a case, or
2otherwise made inoperable.
3    (o) It is unlawful to use any crossbow for the purpose of
4taking any wild birds or mammals, except as provided for in
5Section 2.33.
6    (p) It is unlawful to take game birds, migratory game birds
7or migratory waterfowl with a rifle, pistol, revolver or
9    (q) It is unlawful to fire a rifle, pistol, revolver or
10airgun on, over or into any waters of this State, including
11frozen waters.
12    (r) It is unlawful to discharge any gun, crossbow, or bow
13and arrow device along, upon, across, or from any public
14right-of-way or highway in this State.
15    (s) It is unlawful to use a silencer or other device to
16muffle or mute the sound of the explosion or report resulting
17from the firing of any gun.
18    (t) It is unlawful for any person to trap or hunt, or
19intentionally or wantonly allow a dog to hunt, within or upon
20the land of another, or upon waters flowing over or standing on
21the land of another, without first obtaining permission from
22the owner or tenant. It shall be prima facie evidence that a
23person does not have permission of the owner or tenant if the
24person is unable to demonstrate to the law enforcement officer
25in the field that permission had been obtained. This provision
26may only be rebutted by testimony of the owner or tenant that



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1permission had been given. Before enforcing this Section the
2law enforcement officer must have received notice from the
3owner or tenant of a violation of this Section. Statements made
4to the law enforcement officer regarding this notice shall not
5be rendered inadmissible by the hearsay rule when offered for
6the purpose of showing the required notice.
7    (u) It is unlawful for any person to discharge any firearm
8for the purpose of taking any of the species protected by this
9Act, or hunt with gun or dog, or intentionally or wantonly
10allow a dog to hunt, within 300 yards of an inhabited dwelling
11without first obtaining permission from the owner or tenant,
12except that while trapping, hunting with bow and arrow, hunting
13with dog and shotgun using shot shells only, or hunting with
14shotgun using shot shells only, or on licensed game breeding
15and hunting preserve areas, as defined in Section 3.27, on
16property operated under a Migratory Waterfowl Hunting Area
17Permit, on federally owned and managed lands and on Department
18owned, managed, leased or controlled lands, a 100 yard
19restriction shall apply.
20    (v) It is unlawful for any person to remove fur-bearing
21mammals from, or to move or disturb in any manner, the traps
22owned by another person without written authorization of the
23owner to do so.
24    (w) It is unlawful for any owner of a dog to knowingly or
25wantonly allow his or her dog to pursue, harass or kill deer,
26except that nothing in this Section shall prohibit the tracking



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1of wounded deer with a dog in accordance with the provisions of
2Section 2.26 of this Code.
3    (x) It is unlawful for any person to wantonly or carelessly
4injure or destroy, in any manner whatsoever, any real or
5personal property on the land of another while engaged in
6hunting or trapping thereon.
7    (y) It is unlawful to hunt wild game protected by this Act
8between one half hour after sunset and one half hour before
9sunrise, except that hunting hours between one half hour after
10sunset and one half hour before sunrise may be established by
11administrative rule for fur-bearing mammals.
12    (z) It is unlawful to take any game bird (excluding wild
13turkeys and crippled pheasants not capable of normal flight and
14otherwise irretrievable) protected by this Act when not flying.
15Nothing in this Section shall prohibit a person from carrying
16an uncased, unloaded shotgun in a boat, while in pursuit of a
17crippled migratory waterfowl that is incapable of normal
18flight, for the purpose of attempting to reduce the migratory
19waterfowl to possession, provided that the attempt is made
20immediately upon downing the migratory waterfowl and is done
21within 400 yards of the blind from which the migratory
22waterfowl was downed. This exception shall apply only to
23migratory game birds that are not capable of normal flight.
24Migratory waterfowl that are crippled may be taken only with a
25shotgun as regulated by subsection (j) of this Section using
26shotgun shells as regulated in subsection (k) of this Section.



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1    (aa) It is unlawful to use or possess any device that may
2be used for tree climbing or cutting, while hunting fur-bearing
3mammals, excluding coyotes.
4    (bb) It is unlawful for any person, except licensed game
5breeders, pursuant to Section 2.29 to import, carry into, or
6possess alive in this State any species of wildlife taken
7outside of this State, without obtaining permission to do so
8from the Director.
9    (cc) It is unlawful for any person to have in his or her
10possession any freshly killed species protected by this Act
11during the season closed for taking.
12    (dd) It is unlawful to take any species protected by this
13Act and retain it alive except as provided by administrative
15    (ee) It is unlawful to possess any rifle while in the field
16during gun deer season except as provided in Section 2.26 and
17administrative rules.
18    (ff) It is unlawful for any person to take any species
19protected by this Act, except migratory waterfowl, during the
20gun deer hunting season in those counties open to gun deer
21hunting, unless he or she wears, when in the field, a cap and
22upper outer garment of a solid blaze orange color, with such
23articles of clothing displaying a minimum of 400 square inches
24of blaze orange material.
25    (gg) It is unlawful during the upland game season for any
26person to take upland game with a firearm unless he or she



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1wears, while in the field, a cap of solid blaze orange color.
2For purposes of this Act, upland game is defined as Bobwhite
3Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
4Cottontail and Swamp Rabbit.
5    (hh) It shall be unlawful to kill or cripple any species
6protected by this Act for which there is a daily bag limit
7without making a reasonable effort to retrieve such species and
8include such in the daily bag limit.
9    (ii) This Section shall apply only to those species
10protected by this Act taken within the State. Any species or
11any parts thereof, legally taken in and transported from other
12states or countries, may be possessed within the State, except
13as provided in this Section and Sections 2.35, 2.36 and 3.21.
14    (jj) Nothing contained in this Section shall prohibit the
15use of bow and arrow, prohibit the use of a crossbow by persons
16age 62 or older, or prevent the Director from issuing permits
17to use a crossbow to handicapped persons as provided by
18administrative rule. As used herein, "handicapped persons"
19means those persons who have a physical impairment due to
20injury or disease, congenital or acquired, which renders them
21so severely disabled as to be unable to use a conventional bow
22and arrow device. Permits must be issued only after the receipt
23of a physician's statement confirming the applicant is
24handicapped as defined above.
25    (kk) Nothing contained in this Section shall prohibit the
26Director from issuing permits to paraplegics or to other



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1disabled persons who meet the requirements set forth in
2administrative rule to shoot or hunt from a vehicle as provided
3by that rule, provided that such is otherwise in accord with
4this Act.
5    (ll) Nothing contained in this Act shall prohibit the
6taking of aquatic life protected by the Fish and Aquatic Life
7Code or birds and mammals protected by this Act, except deer
8and fur-bearing mammals, from a boat not camouflaged or
9disguised to alter its identity or to further provide a place
10of concealment and not propelled by sail or mechanical power.
11However, only shotguns not larger than 10 gauge nor smaller
12than .410 bore loaded with not more than 3 shells of a shot
13size no larger than lead BB or steel T (.20 diameter) may be
14used to take species protected by this Act.
15    (mm) Nothing contained in this Act shall prohibit the use
16of a shotgun, not larger than 10 gauge nor smaller than a 20
17gauge, with a rifled barrel.
18(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)
19    Section 99. Effective date. This Act takes effect upon
20becoming law.