Full Text of HB4994 101st General Assembly
HB4994 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 HB4994 Introduced 2/18/2020, 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 |
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Amends the Wildlife Code. Permits the use of an airbow in hunting deer. Defines "airbow". Makes conforming changes.
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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 | 5 | | Sections 2.25 and 2.26 and by adding Section 1.2a-1 as follows: | 6 | | (520 ILCS 5/1.2a-1 new) | 7 | | Sec. 1.2a-1. "Airbow" means a bow and arrow device that | 8 | | applies 150 pounds of force in the form of compressed air to an | 9 | | arrow over a 25 inch power stroke.
| 10 | | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
| 11 | | Sec. 2.25. It shall be unlawful for any person to take deer | 12 | | except (i) with
a shotgun, handgun, or muzzleloading rifle or | 13 | | (ii) as provided by
administrative rule,
with a bow and arrow | 14 | | or airbow , during the open season of not more than 14 days | 15 | | which will
be set annually by the Director between the dates of
| 16 | | November 1st and December 31st, both inclusive, or a special | 17 | | 3-day, youth-only season between the dates of September 1 and | 18 | | October 31.
For the purposes of this Section, legal handguns | 19 | | include any centerfire
handguns of .30
caliber or larger with a | 20 | | minimum barrel length of 4 inches. The only legal
ammunition
| 21 | | for a centerfire handgun is a cartridge of .30 caliber or | 22 | | larger with a
capability of at least
500 foot pounds of energy |
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| 1 | | at the muzzle. Full metal jacket bullets may not be
used to
| 2 | | harvest deer.
| 3 | | The Department shall make administrative rules concerning | 4 | | management
restrictions applicable to the firearm and bow and | 5 | | arrow season.
| 6 | | It shall be unlawful for any person to take deer except | 7 | | with a bow and
arrow or airbow during the open season for bow | 8 | | and arrow set annually by the Director
between the dates of | 9 | | September 1st and January 31st, both inclusive.
| 10 | | It shall be unlawful for any person to take deer except | 11 | | with (i) a
muzzleloading rifle or (ii) bow and arrow or airbow | 12 | | during the open season for
muzzleloading rifles set annually by | 13 | | the Director.
| 14 | | The Director shall cause an administrative rule setting | 15 | | forth the
prescribed rules and regulations, including bag and | 16 | | possession limits and
those counties of the State where open | 17 | | seasons are established, to be
published in accordance with | 18 | | Sections 1.3 and 1.13 of this Act.
| 19 | | The Department may establish separate harvest periods for | 20 | | the purpose of
managing or eradicating disease that has been | 21 | | found in the deer herd. This
season shall be restricted to gun , | 22 | | or bow and arrow , and airbow hunting only. The Department
shall | 23 | | publicly announce, via statewide news release, the season dates | 24 | | and
shooting hours, the counties and sites open to hunting, | 25 | | permit requirements,
application dates, hunting rules, legal | 26 | | weapons, and reporting requirements.
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| 1 | | The Department is authorized to establish a separate | 2 | | harvest period at
specific sites within the State for the | 3 | | purpose of harvesting
surplus deer that cannot be taken during | 4 | | the regular season provided for
the taking of deer. This season | 5 | | shall be restricted to gun , or bow and
arrow , and airbow | 6 | | hunting only and shall be established during the period of | 7 | | September 1st
to February 15th, both inclusive. The Department | 8 | | shall publish suitable
prescribed rules and regulations | 9 | | established by administrative rule pertaining
to management | 10 | | restrictions applicable to this special harvest program. The | 11 | | Department shall allow unused gun deer permits that are left | 12 | | over from a regular season for the taking of deer to be rolled | 13 | | over and used during any separate harvest period held within 6 | 14 | | months of the season for which those tags were issued at no | 15 | | additional cost to the permit holder subject to the management | 16 | | restrictions applicable to the special harvest program.
| 17 | | Beginning July 1, 2019, and on an annual basis thereafter, | 18 | | the Department shall provide a report to the General Assembly | 19 | | providing information regarding deer management programs | 20 | | established by the Code or by administrative rule that | 21 | | includes: (1) the number of surplus deer taken during each | 22 | | separate harvest season; (2) the number of deer found to have a | 23 | | communicable disease or other abnormality; and (3) what happens | 24 | | to the deer taken during each separate harvest season.
| 25 | | (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 | | (Text of Section before amendment by P.A. 101-444 )
| 3 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 4 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 5 | | the Department in accordance with its administrative rules.
| 6 | | Those rules must provide for the issuance of the following | 7 | | types of resident deer archery permits: (i) a combination | 8 | | permit, consisting of one either-sex permit and one | 9 | | antlerless-only permit, (ii) a single antlerless-only permit, | 10 | | and (iii) a single either-sex permit. The fee for a Deer | 11 | | Hunting Permit to take deer with either bow and arrow or gun
| 12 | | shall not exceed $25.00 for residents of the State. The | 13 | | Department may by
administrative rule provide for non-resident | 14 | | deer hunting permits for which the
fee will not exceed $300 in | 15 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 16 | | provided below for non-resident landowners
and non-resident | 17 | | archery hunters. The Department may by
administrative rule | 18 | | provide for a non-resident archery deer permit consisting
of | 19 | | not more than 2 harvest tags at a total cost not to exceed $325 | 20 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | 21 | | fees for a youth resident and non-resident archery deer permit | 22 | | shall be the same.
| 23 | | The standards and specifications for use of guns and bow | 24 | | and arrow for
deer hunting shall be established by | 25 | | administrative rule.
| 26 | | No person may have in his or her possession any firearm not |
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| 1 | | authorized by
administrative rule for a specific hunting season | 2 | | when taking deer.
| 3 | | Persons having a firearm deer hunting permit shall be | 4 | | permitted to
take deer only during the period from 1/2 hour | 5 | | before sunrise to
1/2 hour after sunset, and only during those | 6 | | days for which an open season is
established for the taking of | 7 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 8 | | Persons having an archery 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 bow and arrow.
| 13 | | It shall be unlawful for any person to take deer by use of | 14 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 15 | | the use
or aid of bait or baiting of any kind. For the purposes | 16 | | of this Section, "bait" means any material, whether liquid or | 17 | | solid, including food, salt, minerals, and other products, | 18 | | except pure water, that can be ingested, placed, or scattered | 19 | | in such a manner as to attract or lure white-tailed deer. | 20 | | "Baiting" means the placement or scattering of bait to attract | 21 | | deer. An area is considered as baited during the presence
of | 22 | | and for 10 consecutive days following the removal of bait. | 23 | | Nothing in this Section shall prohibit the use of a dog to | 24 | | track wounded deer. Any person using a dog for tracking wounded | 25 | | deer must maintain physical control of the dog at all times by | 26 | | means of a maximum 50 foot lead attached to the dog's collar or |
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| 1 | | harness. Tracking wounded deer is permissible at night, but at | 2 | | no time outside of legal deer hunting hours or seasons shall | 3 | | any person handling or accompanying a dog being used for | 4 | | tracking wounded deer be in possession of any firearm or | 5 | | archery device. Persons tracking wounded deer with a dog during | 6 | | the firearm deer seasons shall wear blaze orange or solid blaze | 7 | | pink color as required. Dog handlers tracking wounded deer with | 8 | | a dog are exempt from hunting license and deer permit | 9 | | requirements so long as they are accompanied by the licensed | 10 | | deer hunter who wounded the deer.
| 11 | | It shall be unlawful to possess or transport any wild deer | 12 | | which has
been injured or killed in any manner upon a public | 13 | | highway or public
right-of-way of this State unless exempted by | 14 | | administrative rule.
| 15 | | Persons hunting deer must have gun unloaded and no bow and | 16 | | arrow
device shall be carried with the arrow in the nocked | 17 | | position during
hours when deer hunting is unlawful.
| 18 | | It shall be unlawful for any person, having taken the legal | 19 | | limit of
deer by gun, to further participate with gun in any | 20 | | deer hunting party.
| 21 | | It shall be unlawful for any person, having taken the legal | 22 | | limit
of deer by bow and arrow, to further participate with bow | 23 | | and arrow in any
deer hunting party.
| 24 | | The Department may prohibit upland game hunting during the | 25 | | gun deer
season by administrative rule.
| 26 | | The Department shall not limit the number of non-resident, |
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| 1 | | either-sex archery deer hunting permits to less than 20,000.
| 2 | | Any person who violates any of the provisions of this | 3 | | Section,
including administrative rules, shall be guilty of a | 4 | | Class B misdemeanor.
| 5 | | For the purposes of calculating acreage under this Section, | 6 | | the Department shall, after determining the total acreage of | 7 | | the applicable tract or tracts of land, round remaining | 8 | | fractional portions of an acre greater than or equal to half of | 9 | | an acre up to the next whole acre. | 10 | | For the purposes of taking white-tailed deer, nothing in | 11 | | this Section shall be construed to prevent the manipulation, | 12 | | including mowing or cutting, of standing crops as a normal | 13 | | agricultural or soil stabilization practice, food plots, or | 14 | | normal agricultural practices, including planting, harvesting, | 15 | | and maintenance such as cultivating or the use of products | 16 | | designed for scent only and not capable of ingestion, solid or | 17 | | liquid, placed or scattered, in such a manner as to attract or | 18 | | lure deer. Such manipulation for the purpose of taking | 19 | | white-tailed deer may be further modified by administrative | 20 | | rule. | 21 | | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | 22 | | 101-81, eff. 7-12-19.)
| 23 | | (Text of Section after amendment by P.A. 101-444 )
| 24 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 25 | | take deer shall first obtain a "Deer
Hunting Permit" issued by |
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| 1 | | the Department in accordance with its administrative rules.
| 2 | | Those rules must provide for the issuance of the following | 3 | | types of resident deer archery permits: (i) a combination | 4 | | permit, consisting of one either-sex permit and one | 5 | | antlerless-only permit, (ii) a single antlerless-only permit, | 6 | | and (iii) a single either-sex permit. The fee for a Deer | 7 | | Hunting Permit to take deer with either bow and arrow , airbow, | 8 | | or gun
shall not exceed $25.00 for residents of the State. The | 9 | | Department may by
administrative rule provide for non-resident | 10 | | deer hunting permits for which the
fee will not exceed $300 in | 11 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 12 | | provided below for non-resident landowners
and non-resident | 13 | | archery hunters. The Department may by
administrative rule | 14 | | provide for a non-resident archery deer permit consisting
of | 15 | | not more than 2 harvest tags at a total cost not to exceed $325 | 16 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | 17 | | fees for a youth resident and non-resident archery deer permit | 18 | | shall be the same.
| 19 | | The Department shall create a pilot program during the | 20 | | special 3-day, youth-only deer hunting season to allow for | 21 | | youth deer hunting permits that are valid statewide, excluding | 22 | | those counties or portions of counties closed to firearm deer | 23 | | hunting. The Department shall adopt rules to implement the | 24 | | pilot program. Nothing in this paragraph shall be construed to | 25 | | prohibit the Department from issuing Special Hunt Area Permits | 26 | | for the youth-only deer hunting season or establishing, through |
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| 1 | | administrative rule, additional requirements pertaining to the | 2 | | youth-only deer hunting season on Department-owned or | 3 | | Department-managed sites, including site-specific quotas or | 4 | | drawings. The provisions of this paragraph are inoperative on | 5 | | and after January 1, 2023. | 6 | | The standards and specifications for use of guns , and bow | 7 | | and arrow , and airbow for
deer hunting shall be established by | 8 | | administrative rule.
| 9 | | No person may have in his or her possession any firearm not | 10 | | authorized by
administrative rule for a specific hunting season | 11 | | when taking deer.
| 12 | | Persons having a firearm deer hunting permit shall be | 13 | | permitted to
take deer only during the period from 1/2 hour | 14 | | before sunrise to
1/2 hour after sunset, and only during those | 15 | | days for which an open season is
established for the taking of | 16 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 17 | | Persons having an archery deer hunting permit shall be | 18 | | permitted to
take deer only during the period from 1/2 hour | 19 | | before sunrise to 1/2 hour
after sunset, and only during those | 20 | | days for which an open season is
established for the taking of | 21 | | deer by use of bow and arrow or airbow .
| 22 | | It shall be unlawful for any person to take deer by use of | 23 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 24 | | the use
or aid of bait or baiting of any kind. For the purposes | 25 | | of this Section, "bait" means any material, whether liquid or | 26 | | solid, including food, salt, minerals, and other products, |
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| 1 | | except pure water, that can be ingested, placed, or scattered | 2 | | in such a manner as to attract or lure white-tailed deer. | 3 | | "Baiting" means the placement or scattering of bait to attract | 4 | | deer. An area is considered as baited during the presence
of | 5 | | and for 10 consecutive days following the removal of bait. | 6 | | Nothing in this Section shall prohibit the use of a dog to | 7 | | track wounded deer. Any person using a dog for tracking wounded | 8 | | deer must maintain physical control of the dog at all times by | 9 | | means of a maximum 50 foot lead attached to the dog's collar or | 10 | | harness. Tracking wounded deer is permissible at night, but at | 11 | | no time outside of legal deer hunting hours or seasons shall | 12 | | any person handling or accompanying a dog being used for | 13 | | tracking wounded deer be in possession of any firearm or | 14 | | archery device. Persons tracking wounded deer with a dog during | 15 | | the firearm deer seasons shall wear blaze orange or solid blaze | 16 | | pink color as required. Dog handlers tracking wounded deer with | 17 | | a dog are exempt from hunting license and deer permit | 18 | | requirements so long as they are accompanied by the licensed | 19 | | deer hunter who wounded the deer.
| 20 | | It shall be unlawful to possess or transport any wild deer | 21 | | which has
been injured or killed in any manner upon a public | 22 | | highway or public
right-of-way of this State unless exempted by | 23 | | administrative rule.
| 24 | | Persons hunting deer must have gun unloaded and no bow and | 25 | | arrow
device , including an airbow, shall be carried with the | 26 | | arrow in the nocked position during
hours when deer hunting is |
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| 1 | | 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 or airbow , to further | 7 | | participate with bow and arrow or airbow in any
deer hunting | 8 | | party.
| 9 | | The Department may prohibit upland game hunting during the | 10 | | gun deer
season by administrative rule.
| 11 | | The Department shall not limit the number of non-resident, | 12 | | either-sex archery deer hunting permits to less than 20,000.
| 13 | | Any person who violates any of the provisions of this | 14 | | Section,
including administrative rules, shall be guilty of a | 15 | | Class B misdemeanor.
| 16 | | For the purposes of calculating acreage under this Section, | 17 | | the Department shall, after determining the total acreage of | 18 | | the applicable tract or tracts of land, round remaining | 19 | | fractional portions of an acre greater than or equal to half of | 20 | | an acre up to the next whole acre. | 21 | | For the purposes of taking white-tailed deer, nothing in | 22 | | this Section shall be construed to prevent the manipulation, | 23 | | including mowing or cutting, of standing crops as a normal | 24 | | agricultural or soil stabilization practice, food plots, or | 25 | | normal agricultural practices, including planting, harvesting, | 26 | | and maintenance such as cultivating or the use of products |
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| 1 | | designed for scent only and not capable of ingestion, solid or | 2 | | liquid, placed or scattered, in such a manner as to attract or | 3 | | lure deer. Such manipulation for the purpose of taking | 4 | | white-tailed deer may be further modified by administrative | 5 | | rule. | 6 | | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | 7 | | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
| 8 | | Section 95. No acceleration or delay. Where this Act makes | 9 | | changes in a statute that is represented in this Act by text | 10 | | that is not yet or no longer in effect (for example, a Section | 11 | | represented by multiple versions), the use of that text does | 12 | | not accelerate or delay the taking effect of (i) the changes | 13 | | made by this Act or (ii) provisions derived from any other | 14 | | Public Act.
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