Illinois General Assembly - Full Text of HB4819
Illinois General Assembly

Previous General Assemblies

Full Text of HB4819  97th General Assembly


Rep. Ed Sullivan, Jr.

Filed: 3/26/2012





09700HB4819ham001LRB097 17121 CEL 67814 a


2    AMENDMENT NO. ______. Amend House Bill 4819 by replacing
3everything after the enacting clause with the following:
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



09700HB4819ham001- 2 -LRB097 17121 CEL 67814 a

1handguns of .30 caliber or larger with a minimum barrel length
2of 4 inches. The only legal ammunition for a centerfire handgun
3is a cartridge of .30 caliber or larger with a capability of at
4least 500 foot pounds of energy at the muzzle. Full metal
5jacket bullets may not be used to harvest deer.
6    The Department shall make administrative rules concerning
7management restrictions applicable to the firearm and bow and
8arrow season.
9    It shall be unlawful for any person to take deer except
10with a bow and arrow, or crossbow device for handicapped
11persons, as defined in Section 2.33, and persons age 62 or
12older during the open season for bow and arrow set annually by
13the Director between the dates of September 1st and January
1431st, both inclusive.
15    It shall be unlawful for any person to take deer except
16with (i) a muzzleloading rifle, or (ii) bow and arrow, or
17crossbow device for handicapped persons, as defined in Section
182.33, and persons age 62 or older during the open season for
19muzzleloading rifles set annually by the Director.
20    The Director shall cause an administrative rule setting
21forth the prescribed rules and regulations, including bag and
22possession limits and those counties of the State where open
23seasons are established, to be published in accordance with
24Sections 1.3 and 1.13 of this Act.
25    The Department may establish separate harvest periods for
26the purpose of managing or eradicating disease that has been



09700HB4819ham001- 3 -LRB097 17121 CEL 67814 a

1found in the deer herd. This season shall be restricted to gun
2or bow and arrow hunting only. The Department shall publicly
3announce, via statewide news release, the season dates and
4shooting hours, the counties and sites open to hunting, permit
5requirements, application dates, hunting rules, legal weapons,
6and reporting requirements.
7    The Department is authorized to establish a separate
8harvest period at specific sites within the State for the
9purpose of harvesting surplus deer that cannot be taken during
10the regular season provided for the taking of deer. This season
11shall be restricted to gun or bow and arrow hunting only and
12shall be established during the period of September 1st to
13February 15th, both inclusive. The Department shall publish
14suitable prescribed rules and regulations established by
15administrative rule pertaining to management restrictions
16applicable to this special harvest program. The Department
17shall allow unused gun deer permits that are left over from a
18regular season for the taking of deer to be rolled over and
19used during any separate harvest period held within 6 months of
20the season for which those tags were issued at no additional
21cost to the permit holder subject to the management
22restrictions applicable to the special harvest program.
23(Source: P.A. 94-919, eff. 6-26-06; 95-13, eff. 1-1-08; 95-329,
24eff. 8-21-07; 95-876, eff. 8-21-08.)
25    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)



09700HB4819ham001- 4 -LRB097 17121 CEL 67814 a

1    Sec. 2.26. Deer hunting permits. In this Section, "bona
2fide equity shareholder" means an individual who (1) purchased,
3for market price, publicly sold stock shares in a corporation,
4purchased shares of a privately-held corporation for a value
5equal to the percentage of the appraised value of the corporate
6assets represented by the ownership in the corporation, or is a
7member of a closely-held family-owned corporation and has
8purchased or been gifted with shares of stock in the
9corporation accurately reflecting his or her percentage of
10ownership and (2) intends to retain the ownership of the shares
11of stock for at least 5 years.
12    In this Section, "bona fide equity member" means an
13individual who (1) (i) became a member upon the formation of
14the limited liability company or (ii) has purchased a
15distributional interest in a limited liability company for a
16value equal to the percentage of the appraised value of the LLC
17assets represented by the distributional interest in the LLC
18and subsequently becomes a member of the company pursuant to
19Article 30 of the Limited Liability Company Act and who (2)
20intends to retain the membership for at least 5 years.
21    In this Section, "bona fide equity partner" means an
22individual who (1) (i) became a partner, either general or
23limited, upon the formation of a partnership or limited
24partnership, or (ii) has purchased, acquired, or been gifted a
25partnership interest accurately representing his or her
26percentage distributional interest in the profits, losses, and



09700HB4819ham001- 5 -LRB097 17121 CEL 67814 a

1assets of a partnership or limited partnership, (2) intends to
2retain ownership of the partnership interest for at least 5
3years, and (3) is a resident of Illinois.
4    Any person attempting to take deer shall first obtain a
5"Deer Hunting Permit" issued by the Department in accordance
6with its administrative rules. Those rules must provide for the
7issuance of the following types of resident deer archery
8permits: (i) a combination permit, consisting of one either-sex
9permit and one antlerless-only permit, (ii) a single
10antlerless-only permit, and (iii) a single either-sex permit.
11The fee for a Deer Hunting Permit to take deer with either bow
12and arrow or gun shall not exceed $25.00 for residents of the
13State. The Department may by administrative rule provide for
14non-resident deer hunting permits for which the fee will not
15exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
16thereafter except as provided below for non-resident
17landowners and non-resident archery hunters. The Department
18may by administrative rule provide for a non-resident archery
19deer permit consisting of not more than 2 harvest tags at a
20total cost not to exceed $325 in 2005, $375 in 2006, and $425
21in 2007 and thereafter. Permits shall be issued without charge
23        (a) Illinois landowners residing in Illinois who own at
24    least 40 acres of Illinois land and wish to hunt their land
25    only,
26        (b) resident tenants of at least 40 acres of commercial



09700HB4819ham001- 6 -LRB097 17121 CEL 67814 a

1    agricultural land where they will hunt, and
2        (c) Bona fide equity shareholders of a corporation,
3    bona fide equity members of a limited liability company, or
4    bona fide equity partners of a general or limited
5    partnership which owns at least 40 acres of land in a
6    county in Illinois who wish to hunt on the corporation's,
7    company's, or partnership's land only. One permit shall be
8    issued without charge to one bona fide equity shareholder,
9    one bona fide equity member, or one bona fide equity
10    partner for each 40 acres of land owned by the corporation,
11    company, or partnership in a county; however, the number of
12    permits issued without charge to bona fide equity
13    shareholders of any corporation or bona fide equity members
14    of a limited liability company in any county shall not
15    exceed 15, and shall not exceed 3 in the case of bona fide
16    equity partners of a partnership.
17    Bona fide landowners or tenants who do not wish to hunt
18only on the land they own, rent, or lease or bona fide equity
19shareholders, bona fide equity members, or bona fide equity
20partners who do not wish to hunt only on the land owned by the
21corporation, limited liability company, or partnership shall
22be charged the same fee as the applicant who is not a
23landowner, tenant, bona fide equity shareholder, bona fide
24equity member, or bona fide equity partner. Nonresidents of
25Illinois who own at least 40 acres of land and wish to hunt on
26their land only shall be charged a fee set by administrative



09700HB4819ham001- 7 -LRB097 17121 CEL 67814 a

1rule. The method for obtaining these permits shall be
2prescribed by administrative rule.
3    The deer hunting permit issued without fee shall be valid
4on all farm lands which the person to whom it is issued owns,
5leases or rents, except that in the case of a permit issued to
6a bona fide equity shareholder, bona fide equity member, or
7bona fide equity partner, the permit shall be valid on all
8lands owned by the corporation, limited liability company, or
9partnership in the county.
10    The standards and specifications for use of guns and bow
11and arrow for deer hunting shall be established by
12administrative rule.
13    No person may have in his possession any firearm not
14authorized by administrative rule for a specific hunting season
15when 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.
26    It shall be unlawful for any person to take deer by use of



09700HB4819ham001- 8 -LRB097 17121 CEL 67814 a

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 that
5can be ingested, placed, or scattered in such a manner as to
6attract or lure white-tailed deer. "Baiting" means the
7placement or scattering of bait to attract deer. An area is
8considered as baited during the presence of and for 10
9consecutive days following the removal of bait. Nothing in this
10Section shall prohibit the use of a dog to track wounded deer.
11Any person using a dog for tracking wounded deer must maintain
12physical control of the dog at all times by means of a maximum
1350 foot lead attached to the dog's collar or harness. Tracking
14wounded deer is permissible at night, but at no time outside of
15legal deer hunting hours or seasons shall any person handling
16or accompanying a dog being used for tracking wounded deer be
17in possession of any firearm or archery device. Persons
18tracking wounded deer with a dog during the firearm deer
19seasons shall wear blaze orange as required. Dog handlers
20tracking wounded deer with a dog are exempt from hunting
21license and deer permit requirements so long as they are
22accompanied by the licensed deer hunter who wounded the deer.
23    It shall be unlawful to possess or transport any wild deer
24which has been injured or killed in any manner upon a public
25highway or public right-of-way of this State unless exempted by
26administrative rule.



09700HB4819ham001- 9 -LRB097 17121 CEL 67814 a

1    Persons hunting deer must have gun unloaded and no bow and
2arrow device shall be carried with the arrow in the nocked
3position during hours when deer hunting is unlawful.
4    It shall be unlawful for any person, having taken the legal
5limit of deer by gun, to further participate with gun in any
6deer hunting party.
7    It shall be unlawful for any person, having taken the legal
8limit of deer by bow and arrow, to further participate with bow
9and arrow in any deer hunting party.
10    The Department may prohibit upland game hunting during the
11gun deer season by administrative rule.
12    The Department shall not limit the number of non-resident
13either sex archery deer hunting permits to less than 20,000.
14    It shall be legal for handicapped persons, as defined in
15Section 2.33, and persons age 62 or older to utilize a crossbow
16device, as defined in Department rules, to take deer.
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 Section,
21the Department shall, after determining the total acreage of
22the applicable tract or tracts of land, round remaining
23fractional portions of an acre greater than or equal to half of
24an 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,



09700HB4819ham001- 10 -LRB097 17121 CEL 67814 a

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
10(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
1196-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
12    (520 ILCS 5/2.33)  (from Ch. 61, par. 2.33)
13    Sec. 2.33. Prohibitions.
14    (a) It is unlawful to carry or possess any gun in any State
15refuge unless otherwise permitted by administrative rule.
16    (b) It is unlawful to use or possess any snare or
17snare-like device, deadfall, net, or pit trap to take any
18species, except that snares not powered by springs or other
19mechanical devices may be used to trap fur-bearing mammals, in
20water sets only, if at least one-half of the snare noose is
21located underwater at all times.
22    (c) It is unlawful for any person at any time to take a
23wild mammal protected by this Act from its den by means of any
24mechanical device, spade, or digging device or to use smoke or
25other gases to dislodge or remove such mammal except as



09700HB4819ham001- 11 -LRB097 17121 CEL 67814 a

1provided in Section 2.37.
2    (d) It is unlawful to use a ferret or any other small
3mammal which is used in the same or similar manner for which
4ferrets are used for the purpose of frightening or driving any
5mammals from their dens or hiding places.
6    (e) (Blank).
7    (f) It is unlawful to use spears, gigs, hooks or any like
8device to take any species protected by this Act.
9    (g) It is unlawful to use poisons, chemicals or explosives
10for the purpose of taking any species protected by this Act.
11    (h) It is unlawful to hunt adjacent to or near any peat,
12grass, brush or other inflammable substance when it is burning.
13    (i) It is unlawful to take, pursue or intentionally harass
14or disturb in any manner any wild birds or mammals by use or
15aid of any vehicle or conveyance, except as permitted by the
16Code of Federal Regulations for the taking of waterfowl. It is
17also unlawful to use the lights of any vehicle or conveyance or
18any light from or any light connected to the vehicle or
19conveyance in any area where wildlife may be found except in
20accordance with Section 2.37 of this Act; however, nothing in
21this Section shall prohibit the normal use of headlamps for the
22purpose of driving upon a roadway. Striped skunk, opossum, red
23fox, gray fox, raccoon and coyote may be taken during the open
24season by use of a small light which is worn on the body or
25hand-held by a person on foot and not in any vehicle.
26    (j) It is unlawful to use any shotgun larger than 10 gauge



09700HB4819ham001- 12 -LRB097 17121 CEL 67814 a

1while taking or attempting to take any of the species protected
2by this Act.
3    (k) It is unlawful to use or possess in the field any
4shotgun shell loaded with a shot size larger than lead BB or
5steel T (.20 diameter) when taking or attempting to take any
6species of wild game mammals (excluding white-tailed deer),
7wild game birds, migratory waterfowl or migratory game birds
8protected by this Act, except white-tailed deer as provided for
9in Section 2.26 and other species as provided for by subsection
10(l) or administrative rule.
11    (l) It is unlawful to take any species of wild game, except
12white-tailed deer, with a shotgun loaded with slugs unless
13otherwise provided for by administrative rule.
14    (m) It is unlawful to use any shotgun capable of holding
15more than 3 shells in the magazine or chamber combined, except
16on game breeding and hunting preserve areas licensed under
17Section 3.27 and except as permitted by the Code of Federal
18Regulations for the taking of waterfowl. If the shotgun is
19capable of holding more than 3 shells, it shall, while being
20used on an area other than a game breeding and shooting
21preserve area licensed pursuant to Section 3.27, be fitted with
22a one piece plug that is irremovable without dismantling the
23shotgun or otherwise altered to render it incapable of holding
24more than 3 shells in the magazine and chamber, combined.
25    (n) It is unlawful for any person, except persons who
26possess a permit to hunt from a vehicle as provided in this



09700HB4819ham001- 13 -LRB097 17121 CEL 67814 a

1Section and persons otherwise permitted by law, to have or
2carry any gun in or on any vehicle, conveyance or aircraft,
3unless such gun is unloaded and enclosed in a case, except that
4at field trials authorized by Section 2.34 of this Act,
5unloaded guns or guns loaded with blank cartridges only, may be
6carried on horseback while not contained in a case, or to have
7or carry any bow or arrow device in or on any vehicle unless
8such bow or arrow device is unstrung or enclosed in a case, or
9otherwise made inoperable.
10    (o) It is unlawful to use any crossbow for the purpose of
11taking any wild birds or mammals, except as provided for in
12Section 2.33.
13    (p) It is unlawful to take game birds, migratory game birds
14or migratory waterfowl with a rifle, pistol, revolver or
16    (q) It is unlawful to fire a rifle, pistol, revolver or
17airgun on, over or into any waters of this State, including
18frozen waters.
19    (r) It is unlawful to discharge any gun, crossbow, or bow
20and arrow device along, upon, across, or from any public
21right-of-way or highway in this State.
22    (s) It is unlawful to use a silencer or other device to
23muffle or mute the sound of the explosion or report resulting
24from the firing of any gun.
25    (t) It is unlawful for any person to trap or hunt, or
26intentionally or wantonly allow a dog to hunt, within or upon



09700HB4819ham001- 14 -LRB097 17121 CEL 67814 a

1the land of another, or upon waters flowing over or standing on
2the land of another, without first obtaining permission from
3the owner or tenant. It shall be prima facie evidence that a
4person does not have permission of the owner or tenant if the
5person is unable to demonstrate to the law enforcement officer
6in the field that permission had been obtained. This provision
7may only be rebutted by testimony of the owner or tenant that
8permission had been given. Before enforcing this Section the
9law enforcement officer must have received notice from the
10owner or tenant of a violation of this Section. Statements made
11to the law enforcement officer regarding this notice shall not
12be rendered inadmissible by the hearsay rule when offered for
13the purpose of showing the required notice.
14    (u) It is unlawful for any person to discharge any firearm
15for the purpose of taking any of the species protected by this
16Act, or hunt with gun or dog, or intentionally or wantonly
17allow a dog to hunt, within 300 yards of an inhabited dwelling
18without first obtaining permission from the owner or tenant,
19except that while trapping, hunting with bow and arrow, hunting
20with dog and shotgun using shot shells only, or hunting with
21shotgun using shot shells only, or on licensed game breeding
22and hunting preserve areas, as defined in Section 3.27, on
23property operated under a Migratory Waterfowl Hunting Area
24Permit, on federally owned and managed lands and on Department
25owned, managed, leased or controlled lands, a 100 yard
26restriction shall apply.



09700HB4819ham001- 15 -LRB097 17121 CEL 67814 a

1    (v) It is unlawful for any person to remove fur-bearing
2mammals from, or to move or disturb in any manner, the traps
3owned by another person without written authorization of the
4owner to do so.
5    (w) It is unlawful for any owner of a dog to knowingly or
6wantonly allow his or her dog to pursue, harass or kill deer,
7except that nothing in this Section shall prohibit the tracking
8of wounded deer with a dog in accordance with the provisions of
9Section 2.26 of this Code.
10    (x) It is unlawful for any person to wantonly or carelessly
11injure or destroy, in any manner whatsoever, any real or
12personal property on the land of another while engaged in
13hunting or trapping thereon.
14    (y) It is unlawful to hunt wild game protected by this Act
15between one half hour after sunset and one half hour before
16sunrise, except that hunting hours between one half hour after
17sunset and one half hour before sunrise may be established by
18administrative rule for fur-bearing mammals.
19    (z) It is unlawful to take any game bird (excluding wild
20turkeys and crippled pheasants not capable of normal flight and
21otherwise irretrievable) protected by this Act when not flying.
22Nothing in this Section shall prohibit a person from carrying
23an uncased, unloaded shotgun in a boat, while in pursuit of a
24crippled migratory waterfowl that is incapable of normal
25flight, for the purpose of attempting to reduce the migratory
26waterfowl to possession, provided that the attempt is made



09700HB4819ham001- 16 -LRB097 17121 CEL 67814 a

1immediately upon downing the migratory waterfowl and is done
2within 400 yards of the blind from which the migratory
3waterfowl was downed. This exception shall apply only to
4migratory game birds that are not capable of normal flight.
5Migratory waterfowl that are crippled may be taken only with a
6shotgun as regulated by subsection (j) of this Section using
7shotgun shells as regulated in subsection (k) of this Section.
8    (aa) It is unlawful to use or possess any device that may
9be used for tree climbing or cutting, while hunting fur-bearing
10mammals, excluding coyotes.
11    (bb) It is unlawful for any person, except licensed game
12breeders, pursuant to Section 2.29 to import, carry into, or
13possess alive in this State any species of wildlife taken
14outside of this State, without obtaining permission to do so
15from the Director.
16    (cc) It is unlawful for any person to have in his or her
17possession any freshly killed species protected by this Act
18during the season closed for taking.
19    (dd) It is unlawful to take any species protected by this
20Act and retain it alive except as provided by administrative
22    (ee) It is unlawful to possess any rifle while in the field
23during gun deer season except as provided in Section 2.26 and
24administrative rules.
25    (ff) It is unlawful for any person to take any species
26protected by this Act, except migratory waterfowl, during the



09700HB4819ham001- 17 -LRB097 17121 CEL 67814 a

1gun deer hunting season in those counties open to gun deer
2hunting, unless he or she wears, when in the field, a cap and
3upper outer garment of a solid blaze orange color, with such
4articles of clothing displaying a minimum of 400 square inches
5of blaze orange material.
6    (gg) It is unlawful during the upland game season for any
7person to take upland game with a firearm unless he or she
8wears, while in the field, a cap of solid blaze orange color.
9For purposes of this Act, upland game is defined as Bobwhite
10Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
11Cottontail and Swamp Rabbit.
12    (hh) It shall be unlawful to kill or cripple any species
13protected by this Act for which there is a daily bag limit
14without making a reasonable effort to retrieve such species and
15include such in the daily bag limit.
16    (ii) This Section shall apply only to those species
17protected by this Act taken within the State. Any species or
18any parts thereof, legally taken in and transported from other
19states or countries, may be possessed within the State, except
20as provided in this Section and Sections 2.35, 2.36 and 3.21.
21    (jj) Nothing contained in this Section shall prohibit the
22use of bow and arrow, prohibit the use of a crossbow by persons
23age 62 or older, or prevent the Director from issuing permits
24to use a crossbow to handicapped persons as provided by
25administrative rule. As used herein, "handicapped persons"
26means those persons who have a physical impairment due to



09700HB4819ham001- 18 -LRB097 17121 CEL 67814 a

1injury or disease, congenital or acquired, which renders them
2so severely disabled as to be unable to use a conventional bow
3and arrow device. Permits must be issued only after the receipt
4of a physician's statement confirming the applicant is
5handicapped as defined above.
6    (kk) Nothing contained in this Section shall prohibit the
7Director from issuing permits to paraplegics or to other
8disabled persons who meet the requirements set forth in
9administrative rule to shoot or hunt from a vehicle as provided
10by that rule, provided that such is otherwise in accord with
11this Act.
12    (ll) Nothing contained in this Act shall prohibit the
13taking of aquatic life protected by the Fish and Aquatic Life
14Code or birds and mammals protected by this Act, except deer
15and fur-bearing mammals, from a boat not camouflaged or
16disguised to alter its identity or to further provide a place
17of concealment and not propelled by sail or mechanical power.
18However, only shotguns not larger than 10 gauge nor smaller
19than .410 bore loaded with not more than 3 shells of a shot
20size no larger than lead BB or steel T (.20 diameter) may be
21used to take species protected by this Act.
22    (mm) Nothing contained in this Act shall prohibit the use
23of a shotgun, not larger than 10 gauge nor smaller than a 20
24gauge, with a rifled barrel.
25(Source: P.A. 96-390, eff. 8-13-09; 97-645, eff. 12-30-11.)



09700HB4819ham001- 19 -LRB097 17121 CEL 67814 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".