State of Illinois
90th General Assembly
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90_SB0624

      65 ILCS 5/11-20-14 new
      520 ILCS 5/2.1            from Ch. 61, par. 2.1
          Amends  the  Municipal  Code  and  the   Wildlife   Code.
      Authorizes a municipality to regulate deer hunting with a bow
      and   arrow   within  the  municipality's  corporate  limits.
      Prohibits a  home  rule  municipality  from  regulating  that
      activity  in  manner  inconsistent  with  the  Wildlife Code.
      (Now,  home  rule  units  may  not  regulate  the  taking  of
      wildlife.)  Effective immediately.
                                                     LRB9003163DJcd
                                               LRB9003163DJcd
 1        AN ACT concerning wildlife, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section   5.   The  Illinois Municipal Code is amended by
 5    adding Section 11-20-14 as follows:
 6        (65 ILCS 5/11-20-14 new)
 7        Sec.  11-20-14.  Regulation   of   deer   hunting.    The
 8    corporate  authorities  of  each municipality may provide for
 9    the regulation of the taking of deer with  a  bow  and  arrow
10    within  the  municipality's  corporate limits. The regulation
11    shall be in a manner not inconsistent with the Wildlife  Code
12    and shall be subject to Section 2.1 of the Wildlife Code.
13        Section   10.   The  Wildlife Code is amended by changing
14    Section 2.1 as follows:
15        (520 ILCS 5/2.1) (from Ch. 61, par. 2.1)
16        Sec. 2.1.  The ownership of and title to all  wild  birds
17    and  wild  mammals  within  the jurisdiction of the State are
18    hereby declared to be in the State, and no wild birds or wild
19    mammals shall be taken or killed, in any  manner  or  at  any
20    time,  unless  the person or persons so taking or killing the
21    same shall consent that the title thereto shall be and remain
22    in the State  for  the  purpose  of  regulating  the  taking,
23    killing,  possession,  use,  sale and transportation thereof,
24    after such taking or killing, as hereinafter set  forth.  The
25    taking  or killing of wild birds or wild mammals at any time,
26    in any manner, and by any person, shall be deemed  a  consent
27    on  the part of such person that the title to such wild birds
28    or wild mammals shall remain in the State for the purpose  of
29    regulating  the  possession,  use,  sale  and  transportation
                            -2-                LRB9003163DJcd
 1    thereof.
 2        The regulation and licensing of the taking of wildlife in
 3    Illinois   other  than  within  the  corporate  limits  of  a
 4    municipality are exclusive powers and functions of the State.
 5    A home rule unit other than a municipality may  not  regulate
 6    or  license  the taking of wildlife. This Section is a denial
 7    and limitation of home rule powers and functions of home rule
 8    units other  than  municipalities  under  subsection  (h)  of
 9    Section 6 of Article VII of the Illinois Constitution.
10        A  home  rule municipality may not regulate the taking of
11    deer with a bow and arrow within its corporate  limits  under
12    Section  11-20-14  of the Illinois Municipal Code in a manner
13    inconsistent with the regulation by the State of  the  taking
14    of  deer under this Code.  This Section is a limitation under
15    subsection (i) of Section 6 of Article VII  of  the  Illinois
16    Constitution   on   the  concurrent  exercise  by  home  rule
17    municipalities of  powers  and  functions  exercised  by  the
18    State.
19    (Source: P.A. 87-296.)
20        Section  99.  Effective date.  This Act takes effect upon
21    becoming law.

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