Public Act 100-0691
 
HB5440 EnrolledLRB100 17227 SLF 32386 b


  
    AN ACT concerning wildlife.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Wildlife Code is amended  by changing 
Sections 2.26  and  3.1-9 as follows:
 


    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)



    Sec. 2.26. Deer hunting permits. Any person attempting to 
take deer shall first obtain a "Deer
Hunting Permit" issued by 
the Department in accordance with its administrative rules.

Those rules must provide for the issuance of the following 
types of resident deer archery permits: (i) a combination 
permit, consisting of one either-sex permit and one 
antlerless-only permit, (ii) a single antlerless-only permit, 
and (iii) a single either-sex permit. The fee for a Deer 
Hunting Permit to take deer with either bow and arrow or gun

shall not exceed $25.00 for residents of the State.  The 
Department may by
administrative rule provide for non-resident 
deer hunting permits for which the
fee will not exceed $300 in 
2005, $350 in 2006, and $400 in 2007 and thereafter except as 
provided below for non-resident landowners
and non-resident  
archery hunters. The Department may by
administrative rule 
provide for a non-resident archery deer permit consisting
of 
not more than 2 harvest tags at a total cost not to exceed $325 
in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The 
fees for a youth resident and non-resident archery deer permit 
shall be the same. 






    The standards and specifications for use of guns and bow 
and arrow for
deer hunting shall be established by 
administrative rule.

    No person may have in his possession any firearm not 
authorized by
administrative rule for a specific hunting season 
when taking deer.

    Persons having a firearm deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to
1/2 hour after sunset, and only during those 
days for which an open season is
established for the taking of 
deer by use of shotgun, handgun, or muzzle
loading
rifle.

    Persons having an archery deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to 1/2 hour
after sunset, and only during those 
days for which an open season is
established for the taking of 
deer by use of bow and arrow.

    It shall be unlawful for any person to take deer by use of 
dogs,
horses, automobiles, aircraft or other vehicles, or by 
the use
or aid of bait or baiting of any kind.  For the purposes 
of this Section, "bait" means any material, whether liquid or 
solid, including food, salt, minerals, and other products, 
except pure water, that can be ingested, placed, or scattered 
in such a manner as to attract or lure white-tailed deer. 
"Baiting" means the placement or scattering of bait to attract 
deer. An area is considered as baited during the presence
of 
and for 10 consecutive days following the removal of bait. 
Nothing in this Section shall prohibit the use of a dog to 
track wounded deer. Any person using a dog for tracking wounded 
deer must maintain physical control of the dog at all times by 
means of a maximum 50 foot lead attached to the dog's collar or 
harness. Tracking wounded deer is permissible at night, but at 
no time outside of legal deer hunting hours or seasons shall 
any person handling or accompanying a dog being used for 
tracking wounded deer be in possession of any firearm or 
archery device. Persons tracking wounded deer with a dog during 
the firearm deer seasons shall wear blaze orange as required. 
Dog handlers tracking wounded deer with a dog are exempt from 
hunting license and deer permit requirements so long as they 
are accompanied by the licensed deer hunter who wounded the 
deer.

    It shall be unlawful to possess or transport any wild deer 
which has
been injured or killed in any manner upon a public 
highway or public
right-of-way of this State unless exempted by 
administrative rule.

    Persons hunting deer must have gun unloaded and no bow and 
arrow
device shall be carried with the arrow in the nocked 
position during
hours when deer hunting is unlawful.

    It shall be unlawful for any person, having taken the legal 
limit of
deer by gun, to further participate with gun in any 
deer hunting party.

    It shall be unlawful for any person, having taken the legal 
limit
of deer by bow and arrow, to further participate with bow 
and arrow in any
deer hunting party.

    The Department may prohibit upland game hunting during the 
gun deer
season by administrative rule.

    The Department shall not limit the number of non-resident, 
either-sex archery deer hunting permits to less than 20,000.


    Any person who violates any of the provisions of this 
Section,
including administrative rules, shall be guilty of a 
Class B misdemeanor.

    For the purposes of calculating acreage under this Section, 
the Department shall, after determining  the total acreage of 
the applicable tract or tracts of land, round remaining 
fractional portions of  an acre greater than or equal to half of 
an acre up to the next whole acre. 
    For the purposes of taking white-tailed deer, nothing in 
this Section shall be construed to prevent the manipulation, 
including mowing or cutting, of standing crops as a normal 
agricultural or soil stabilization practice, food plots, or 
normal agricultural practices, including planting, harvesting, 
and maintenance such as cultivating or the use of products 
designed for scent only and not capable of ingestion, solid or 
liquid, placed or scattered, in such a manner as to attract or 
lure deer. Such manipulation for the purpose of taking 
white-tailed deer may be further modified by administrative 
rule. 
(Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16; 
99-869, eff. 1-1-17.)

 
    (520 ILCS 5/3.1-9)
    Sec. 3.1-9. Youth Hunting and Trapping Licenses.  
    (a) Any resident or non-resident youth age 18 and under may 
apply to the Department for a Youth Hunting License, which 
extends limited hunting privileges. The Youth Hunting License 
shall be a renewable license that shall expire on the March 31 
following the date of issuance.
    For youth age 18 and under, the Youth Hunting License shall 
entitle the licensee to hunt while supervised  by a parent, 
grandparent, or guardian who is 21 years of age or older and 
has a valid Illinois hunting license.  Possession of a Youth 
Hunting License  shall serve in lieu of a valid hunting license, 
but does not exempt the licensee from compliance with the 
requirements of this Code and any rules adopted under this 
Code.
    A youth licensed under this subsection (a) shall not hunt 
or carry a hunting device, including, but not limited to, a 
firearm, bow and arrow, or crossbow unless the youth is 
accompanied by and under the close personal supervision of a 
parent, grandparent, or guardian who is 21 years of age or 
older and has a valid Illinois hunting license.
    At age 19 years or when the youth chooses to hunt by 
himself or herself, he or she is required to successfully 
complete a hunter safety course approved by the Department 
prior to being able to obtain a full hunting license and 
subsequently hunt by himself or herself.
    In order to be approved for the Youth Hunting License, the 
applicant must request a Youth Hunting License from the 
Department and submit a $7 fee, which shall be separate from 
and additional to any other stamp, permit, tag, or license fee 
that may be required for hunting under this Code. The 
Department shall adopt rules for the administration of the 
program, but shall not require any certificate of competency or 
other hunting education as a condition of the Youth Hunting 
License.

    (b) Any resident or non-resident youth age 18 and under may 
apply to the Department for a Youth Trapping License, which 
extends limited trapping privileges. The Youth Trapping 
License shall be a renewable license that shall expire on the 
March 31 following the date of issuance.
    For youth age 18 and under, the Youth Trapping License 
shall entitle the licensee to trap while supervised  by a 
parent, grandparent, or guardian who is 21 years of age or 
older and has a valid Illinois trapping license.  Possession of 
a Youth Trapping License shall serve in lieu of a valid 
trapping license, but does not exempt the licensee from 
compliance with the requirements of this Code and any rules 
adopted under this Code.
    A youth licensed under this subsection (b) shall not trap 
or carry a hunting device, including, but not limited to, a 
firearm, bow and arrow, or crossbow unless the youth is 
accompanied by and under the close personal supervision of a 
parent, grandparent, or guardian who is 21 years of age or 
older and has a valid Illinois trapping license.
    At age 19 years or when the youth chooses to trap by 
himself or herself, he or she is required to successfully 
complete a trapper safety course approved by the Department 
prior to being able to obtain a full trapping license and 
subsequently trap by himself or herself.
    In order to be approved for the Youth Trapping License, the 
applicant must request a Youth Trapping License from the 
Department and submit a $7 fee, which shall be separate from 
and additional to any other stamp, permit, tag, or license fee 
that may be required for trapping under this Code. The 
Department shall adopt rules for the administration of the 
program, but shall not require any certificate of competency or 
other trapping education as a condition of the Youth Trapping 
License.
(Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307, 
eff. 1-1-16; 99-868, eff. 1-1-17.)