State of Illinois
91st General Assembly
Legislation

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[ Engrossed ][ House Amendment 001 ]

91_HB3861

 
                                               LRB9112132MWgc

 1        AN  ACT  to  amend  the Wildlife Code by changing Section
 2    2.26.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.  The  Wildlife  Code  is  amended by changing
 6    Section 2.26 as follows:

 7        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
 8        Sec. 2.26.  Any person  attempting  to  take  deer  shall
 9    first  obtain  a  "Deer  Hunting  Permit"  in accordance with
10    prescribed regulations set forth in an  Administrative  Rule.
11    Deer  Hunting Permits shall be issued by the Department.  The
12    fee for a Deer Hunting Permit to take deer  with  either  bow
13    and arrow or gun shall not exceed $15.00 for residents of the
14    State.  The Department may by administrative rule provide for
15    non-resident  deer hunting permits for which the fee will not
16    exceed  $100  except  as  provided  below  for   non-resident
17    landowners.  Permits shall be issued without charge to:
18             (a)  Illinois  landowners  residing  in Illinois who
19        own at least 40 acres of Illinois land and wish  to  hunt
20        their land only,
21             (b)  resident  tenants  of  at  least  40  acres  of
22        commercial agricultural land where they will hunt, and
23             (c)  shareholders  of  a  corporation  which owns at
24        least 40 acres of land in a county in Illinois  who  wish
25        to hunt on the corporation's land only.  One permit shall
26        be  issued  without charge to one shareholder for each 40
27        acres of land owned  by  the  corporation  in  a  county;
28        however,  the  number of permits issued without charge to
29        shareholders of any corporation in any county  shall  not
30        exceed 15.
31        Bona  fide  landowners or tenants who do not wish to hunt
 
                            -2-                LRB9112132MWgc
 1    only on the land they own, rent or lease or shareholders  who
 2    do not wish to hunt only on the land owned by the corporation
 3    shall  be  charged the same fee as the applicant who is not a
 4    landowner, tenant or shareholder.  Nonresidents  of  Illinois
 5    who  own  at least 40 acres of land and wish to hunt on their
 6    land only shall be charged a fee set by administrative  rule.
 7    The method for obtaining these permits shall be prescribed by
 8    administrative rule.
 9        The deer hunting permit issued without fee shall be valid
10    on all farm lands which the person to whom it is issued owns,
11    leases  or  rents, except that in the case of a permit issued
12    to a shareholder, the permit shall  be  valid  on  all  lands
13    owned by the corporation in the county.
14        The  Department  may  set  aside,  in accordance with the
15    prescribed regulations set forth in an administrative rule of
16    the Department, a limited number of Deer Hunting  Permits  to
17    be  available  to persons providing evidence of a contractual
18    arrangement to hunt on properties controlled by a  bona  fide
19    Illinois outfitter.  The number of available permits shall be
20    based on a percentage of unfilled permits remaining after the
21    previous  year's lottery.  Eligible outfitters shall be those
22    having membership  in,  and  accreditation  conferred  by,  a
23    professional   association  of  outfitters  approved  by  the
24    Department.  The association shall be responsible for setting
25    professional  standards  and  codes  of   conduct   for   its
26    membership, subject to Departmental approval.  In addition to
27    the   fee  normally  charged  for  resident  and  nonresident
28    permits, a reservation  fee  not  to  exceed  $200  shall  be
29    charged  to  the  outfitter  for  each  permit  set  aside in
30    accordance with this  Act.   The  reservation  fee  shall  be
31    deposited into the Wildlife and Fish Fund.
32        The  standards and specifications for use of guns and bow
33    and  arrow  for  deer  hunting  shall   be   established   by
34    administrative rule.
 
                            -3-                LRB9112132MWgc
 1        No  person  may  have  in  his possession any firearm not
 2    authorized by administrative  rule  for  a  specific  hunting
 3    season when taking deer.
 4        Persons  having  a  firearm  deer hunting permit shall be
 5    permitted to take deer only during the period from  1/2  hour
 6    before  sunrise  to  sunset,  and  only during those days for
 7    which an open season is established for the taking of deer by
 8    use of shotgun or muzzle loading rifle.
 9        Persons having an archery deer hunting  permit  shall  be
10    permitted  to  take deer only during the period from 1/2 hour
11    before sunrise to 1/2 hour  after  sunset,  and  only  during
12    those  days  for  which an open season is established for the
13    taking of deer by use of bow and arrow.
14        It shall be unlawful for any person to take deer  by  use
15    of  dogs, horses, automobiles, aircraft or other vehicles, or
16    by the use  of  salt  or  bait  of  any  kind.   An  area  is
17    considered  as  baited  during  the  presence  of  and for 10
18    consecutive days following the removal of bait.
19        It shall be unlawful to possess  or  transport  any  wild
20    deer  which  has  been injured or killed in any manner upon a
21    public highway or public right-of-way of  this  State  unless
22    exempted by administrative rule.
23        Persons  hunting  deer  must have gun unloaded and no bow
24    and arrow device shall be  carried  with  the  arrow  in  the
25    nocked position during hours when deer hunting is unlawful.
26        It  shall  be  unlawful  for any person, having taken the
27    legal limit of deer by gun, to further participate  with  gun
28    in any deer hunting party.
29        It  shall  be  unlawful  for any person, having taken the
30    legal limit of deer by bow and arrow, to further  participate
31    with bow and arrow in any deer hunting party.
32        The  Department  may  prohibit upland game hunting during
33    the gun deer season by administrative rule.
34        It shall be legal for handicapped persons, as defined  in
 
                            -4-                LRB9112132MWgc
 1    Section  2.33,  to  utilize  a crossbow device, as defined in
 2    Department rules, to take deer.
 3        Any person who violates any of  the  provisions  of  this
 4    Section, including administrative rules, shall be guilty of a
 5    Class B misdemeanor.
 6    (Source: P.A.  89-715,  eff.  2-21-97;  90-225, eff. 7-25-97;
 7    90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)

 8        Section 99.  Effective date.  This Act takes effect  upon
 9    becoming law.

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