Full Text of HB3583 100th General Assembly
HB3583 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB3583 Introduced , by Rep. Brad Halbrook SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Provides that a person may place or scatter deer bait otherwise prohibited when not in active deer hunting season. Provides that person who unlawfully baits deer is guilty of a petty offense subject to a mandatory fine of not less than $500 and shall lose hunting privileges in this State for a period of not less than a year.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing Section | 5 | | 2.26 as follows:
| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 7 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 8 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 9 | | the Department in accordance with its administrative rules.
| 10 | | Those rules must provide for the issuance of the following | 11 | | types of resident deer archery permits: (i) a combination | 12 | | permit, consisting of one either-sex permit and one | 13 | | antlerless-only permit, (ii) a single antlerless-only permit, | 14 | | and (iii) a single either-sex permit. The fee for a Deer | 15 | | Hunting Permit to take deer with either bow and arrow or gun
| 16 | | shall not exceed $25.00 for residents of the State. The | 17 | | Department may by
administrative rule provide for non-resident | 18 | | deer hunting permits for which the
fee will not exceed $300 in | 19 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 20 | | provided below for non-resident landowners
and non-resident | 21 | | archery hunters. The Department may by
administrative rule | 22 | | provide for a non-resident archery deer permit consisting
of | 23 | | not more than 2 harvest tags at a total cost not to exceed $325 |
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| 1 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
| 2 | | The standards and specifications for use of guns and bow | 3 | | and arrow for
deer hunting shall be established by | 4 | | administrative rule.
| 5 | | No person may have in his possession any firearm not | 6 | | authorized by
administrative rule for a specific hunting season | 7 | | when taking deer.
| 8 | | Persons having a firearm deer hunting permit shall be | 9 | | permitted to
take deer only during the period from 1/2 hour | 10 | | before sunrise to
1/2 hour after sunset, and only during those | 11 | | days for which an open season is
established for the taking of | 12 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 13 | | Persons having an archery deer hunting permit shall be | 14 | | permitted to
take deer only during the period from 1/2 hour | 15 | | before sunrise to 1/2 hour
after sunset, and only during those | 16 | | days for which an open season is
established for the taking of | 17 | | deer by use of bow and arrow.
| 18 | | It shall be unlawful for any person to take deer by use of | 19 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 20 | | the use
or aid of bait or baiting of any kind. However, a | 21 | | person may place or scatter deer bait otherwise prohibited by | 22 | | this Section when not in active deer hunting season. A person | 23 | | who unlawfully baits deer under this Section is guilty of a | 24 | | petty offense subject to a mandatory fine of not less than $500 | 25 | | and lose hunting privileges in this State for a period of not | 26 | | less than a year. For the purposes of this Section, "bait" |
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| 1 | | means any material, whether liquid or solid, including food, | 2 | | salt, minerals, and other products, except pure water, that can | 3 | | be ingested, placed, or scattered in such a manner as to | 4 | | attract or lure white-tailed deer. "Baiting" means the | 5 | | placement or scattering of bait to attract deer. An area is | 6 | | considered as baited during the presence
of and for 10 | 7 | | consecutive days following the removal of bait. Nothing in this | 8 | | Section shall prohibit the use of a dog to track wounded deer. | 9 | | Any person using a dog for tracking wounded deer must maintain | 10 | | physical control of the dog at all times by means of a maximum | 11 | | 50 foot lead attached to the dog's collar or harness. Tracking | 12 | | wounded deer is permissible at night, but at no time outside of | 13 | | legal deer hunting hours or seasons shall any person handling | 14 | | or accompanying a dog being used for tracking wounded deer be | 15 | | in possession of any firearm or archery device. Persons | 16 | | tracking wounded deer with a dog during the firearm deer | 17 | | seasons shall wear blaze orange as required. Dog handlers | 18 | | tracking wounded deer with a dog are exempt from hunting | 19 | | license and deer permit requirements so long as they are | 20 | | accompanied by the licensed deer hunter who wounded the deer.
| 21 | | It shall be unlawful to possess or transport any wild deer | 22 | | which has
been injured or killed in any manner upon a public | 23 | | highway or public
right-of-way of this State unless exempted by | 24 | | administrative rule.
| 25 | | Persons hunting deer must have gun unloaded and no bow and | 26 | | arrow
device shall be carried with the arrow in the nocked |
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| 1 | | position during
hours when deer hunting is unlawful.
| 2 | | It shall be unlawful for any person, having taken the legal | 3 | | limit of
deer by gun, to further participate with gun in any | 4 | | deer hunting party.
| 5 | | It shall be unlawful for any person, having taken the legal | 6 | | limit
of deer by bow and arrow, to further participate with bow | 7 | | and arrow in any
deer hunting party.
| 8 | | The Department may prohibit upland game hunting during the | 9 | | gun deer
season by administrative rule.
| 10 | | The Department shall not limit the number of non-resident, | 11 | | either-sex archery deer hunting permits to less than 20,000.
| 12 | | Any person who violates any of the provisions of this | 13 | | Section,
including administrative rules, shall be guilty of a | 14 | | Class B misdemeanor.
| 15 | | For the purposes of calculating acreage under this Section, | 16 | | the Department shall, after determining the total acreage of | 17 | | the applicable tract or tracts of land, round remaining | 18 | | fractional portions of an acre greater than or equal to half of | 19 | | an acre up to the next whole acre. | 20 | | For the purposes of taking white-tailed deer, nothing in | 21 | | this Section shall be construed to prevent the manipulation, | 22 | | including mowing or cutting, of standing crops as a normal | 23 | | agricultural or soil stabilization practice, food plots, or | 24 | | normal agricultural practices, including planting, harvesting, | 25 | | and maintenance such as cultivating or the use of products | 26 | | designed for scent only and not capable of ingestion, solid or |
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| 1 | | liquid, placed or scattered, in such a manner as to attract or | 2 | | lure deer. Such manipulation for the purpose of taking | 3 | | white-tailed deer may be further modified by administrative | 4 | | rule. | 5 | | (Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; | 6 | | 99-869, eff. 1-1-17 .)
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