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| [ Introduced ] | [ House Amendment 001 ] |
91_HB3861eng HB3861 Engrossed LRB9112132MWgc 1 AN ACT to amend the Wildlife Code by changing Sections 2 2.11 and 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 Sections 2.11 and 2.26 as follows: 7 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11) 8 Sec. 2.11. Before any person may lawfully hunt wild 9 turkey, he shall first obtain a "Wild Turkey Hunting Permit" 10 in accordance with the prescribed regulations set forth in an 11 administrative rule of the Department. The fee for a 12 Resident Wild Turkey Hunting Permit shall not exceed $15. 13 Upon submitting suitable evidence of legal residence in 14 any other state, non-residents shall be charged a fee not to 15 exceed $75 for wild turkey hunting permits, except as 16 provided below for non-resident land owners. 17 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 on their land only, 21 (b) resident tenants of at least 40 acres of 22 commercial agricultural land, 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 The turkey hunting permit issued without fee shall be HB3861 Engrossed -2- LRB9112132MWgc 1 valid on all lands upon which the person to whom it is issued 2 owns, leases or rents, except that in the case of a permit 3 issued without charge to a shareholder of a corporation, the 4 permit shall be valid on all lands owned by the corporation 5 in the county. 6 The Department may by administrative rule allocate and 7 issue non-resident Wild Turkey Permits and establish fees for 8 such permits. 9The Department may set aside, in accordance with the10prescribed regulations set forth in an administrative rule of11the Department, a limited number of Wild Turkey Hunting12Permits to be available to persons providing evidence of a13contractual arrangement to hunt on properties controlled by a14bona fide Illinois outfitter. The number of available15permits shall be based on a percentage of unfilled permits16remaining after the previous year's lottery. Eligible17outfitters shall be those having membership in, and18accreditation conferred by, a professional association of19outfitters approved by the Department. The association shall20be responsible for setting professional standards and codes21of conduct for its membership, subject to Departmental22approval. In addition to the fee normally charged for23resident and nonresident permits, a reservation fee not to24exceed $200 shall be charged to the outfitter for each permit25set aside in accordance with this Act. The reservation fee26shall be deposited into the Wildlife and Fish Fund.27 It shall be unlawful to take wild turkey except by use of 28 a bow and arrow or a shotgun of not larger than 10 nor 29 smaller than 20 gauge with shot size not larger than No. 4, 30 and no person while attempting to so take wild turkey may 31 have in his possession any other gun. 32 It shall be unlawful to take, or attempt to take wild 33 turkey except during the time from 1/2 hour before sunrise to 34 1/2 hour after sunset or during such lesser period of time as HB3861 Engrossed -3- LRB9112132MWgc 1 may be specified by administrative rule, during those days 2 for which an open season is established. 3 It shall be unlawful for any person to take, or attempt 4 to take, wild turkey by use of dogs, horses, automobiles, 5 aircraft or other vehicles, or conveyances, or by the use of 6 bait of any kind. 7 It is unlawful for any person to take in Illinois or have 8 in his possession more than one wild turkey per valid permit. 9 (Source: P.A. 88-416; 89-715, eff. 2-21-97.) 10 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) 11 Sec. 2.26. Any person attempting to take deer shall 12 first obtain a "Deer Hunting Permit" in accordance with 13 prescribed regulations set forth in an Administrative Rule. 14 Deer Hunting Permits shall be issued by the Department. The 15 fee for a Deer Hunting Permit to take deer with either bow 16 and arrow or gun shall not exceed $15.00 for residents of the 17 State. The Department may by administrative rule provide for 18 non-resident deer hunting permits for which the fee will not 19 exceed $100 except as provided below for non-resident 20 landowners. Permits shall be issued without charge to: 21 (a) Illinois landowners residing in Illinois who 22 own at least 40 acres of Illinois land and wish to hunt 23 their land only, 24 (b) resident tenants of at least 40 acres of 25 commercial agricultural land where they will hunt, and 26 (c) shareholders of a corporation which owns at 27 least 40 acres of land in a county in Illinois who wish 28 to hunt on the corporation's land only. One permit shall 29 be issued without charge to one shareholder for each 40 30 acres of land owned by the corporation in a county; 31 however, the number of permits issued without charge to 32 shareholders of any corporation in any county shall not 33 exceed 15. HB3861 Engrossed -4- LRB9112132MWgc 1 Bona fide landowners or tenants who do not wish to hunt 2 only on the land they own, rent or lease or shareholders who 3 do not wish to hunt only on the land owned by the corporation 4 shall be charged the same fee as the applicant who is not a 5 landowner, tenant or shareholder. Nonresidents of Illinois 6 who own at least 40 acres of land and wish to hunt on their 7 land only shall be charged a fee set by administrative rule. 8 The method for obtaining these permits shall be prescribed by 9 administrative rule. 10 The deer hunting permit issued without fee shall be valid 11 on all farm lands which the person to whom it is issued owns, 12 leases or rents, except that in the case of a permit issued 13 to a shareholder, the permit shall be valid on all lands 14 owned by the corporation in the county. 15The Department may set aside, in accordance with the16prescribed regulations set forth in an administrative rule of17the Department, a limited number of Deer Hunting Permits to18be available to persons providing evidence of a contractual19arrangement to hunt on properties controlled by a bona fide20Illinois outfitter. The number of available permits shall be21based on a percentage of unfilled permits remaining after the22previous year's lottery. Eligible outfitters shall be those23having membership in, and accreditation conferred by, a24professional association of outfitters approved by the25Department. The association shall be responsible for setting26professional standards and codes of conduct for its27membership, subject to Departmental approval. In addition to28the fee normally charged for resident and nonresident29permits, a reservation fee not to exceed $200 shall be30charged to the outfitter for each permit set aside in31accordance with this Act. The reservation fee shall be32deposited into the Wildlife and Fish Fund.33 The standards and specifications for use of guns and bow 34 and arrow for deer hunting shall be established by HB3861 Engrossed -5- LRB9112132MWgc 1 administrative rule. 2 No person may have in his possession any firearm not 3 authorized by administrative rule for a specific hunting 4 season when taking deer. 5 Persons having a firearm deer hunting permit shall be 6 permitted to take deer only during the period from 1/2 hour 7 before sunrise to sunset, and only during those days for 8 which an open season is established for the taking of deer by 9 use of shotgun or muzzle loading rifle. 10 Persons having an archery deer hunting permit shall be 11 permitted to take deer only during the period from 1/2 hour 12 before sunrise to 1/2 hour after sunset, and only during 13 those days for which an open season is established for the 14 taking of deer by use of bow and arrow. 15 It shall be unlawful for any person to take deer by use 16 of dogs, horses, automobiles, aircraft or other vehicles, or 17 by the use of salt or bait of any kind. An area is 18 considered as baited during the presence of and for 10 19 consecutive days following the removal of bait. 20 It shall be unlawful to possess or transport any wild 21 deer which has been injured or killed in any manner upon a 22 public highway or public right-of-way of this State unless 23 exempted by administrative rule. 24 Persons hunting deer must have gun unloaded and no bow 25 and arrow device shall be carried with the arrow in the 26 nocked position during hours when deer hunting is unlawful. 27 It shall be unlawful for any person, having taken the 28 legal limit of deer by gun, to further participate with gun 29 in any deer hunting party. 30 It shall be unlawful for any person, having taken the 31 legal limit of deer by bow and arrow, to further participate 32 with bow and arrow in any deer hunting party. 33 The Department may prohibit upland game hunting during 34 the gun deer season by administrative rule. HB3861 Engrossed -6- LRB9112132MWgc 1 It shall be legal for handicapped persons, as defined in 2 Section 2.33, to utilize a crossbow device, as defined in 3 Department rules, to take deer. 4 Any person who violates any of the provisions of this 5 Section, including administrative rules, shall be guilty of a 6 Class B misdemeanor. 7 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97; 8 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.) 9 Section 99. Effective date. This Act takes effect upon 10 becoming law.