Bill Text: IL SB1668 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Wildlife Code. Provides that a person that is 16 years old or younger and is hunting during a regular bow hunting season may use a crossbow. Provides that a youth hunting with a crossbow under a specified provision may be granted one deer either sex permit and one antlerless-only permit.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-10-10 - Senate Floor Amendment No. 3 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB1668 Detail]
Download: Illinois-2015-SB1668-Introduced.html
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1 | AN ACT concerning wildlife.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Wildlife Code is amended by changing | |||||||||||||||||||||
5 | Sections 2.5 and 2.26 as follows:
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6 | (520 ILCS 5/2.5) | |||||||||||||||||||||
7 | Sec. 2.5. Crossbow conditions. A person may use a crossbow | |||||||||||||||||||||
8 | if one or more of the following conditions are met: | |||||||||||||||||||||
9 | (1) the user is a person age 62 and older; | |||||||||||||||||||||
10 | (2) the user is a handicapped person to whom the | |||||||||||||||||||||
11 | Director has issued a permit to use a crossbow, as provided | |||||||||||||||||||||
12 | by administrative rule; or | |||||||||||||||||||||
13 | (3) the date of using the crossbow is during the period | |||||||||||||||||||||
14 | of the second Monday following the Thanksgiving holiday | |||||||||||||||||||||
15 | through the last day of the archery deer hunting season | |||||||||||||||||||||
16 | (both inclusive) set annually by the Director ; or . | |||||||||||||||||||||
17 | (4) the user is 16 years old or younger and is hunting | |||||||||||||||||||||
18 | during a regular bow hunting season. | |||||||||||||||||||||
19 | As used in this Section, "handicapped person" means a | |||||||||||||||||||||
20 | person who has a physical impairment due to injury or disease, | |||||||||||||||||||||
21 | congenital or acquired, which renders the person them so | |||||||||||||||||||||
22 | severely disabled as to be unable to use a longbow, recurve | |||||||||||||||||||||
23 | bow, or compound bow. Permits must be issued only after the |
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1 | receipt of a physician's statement confirming the applicant is | ||||||
2 | handicapped as defined above.
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3 | (Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
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4 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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5 | Sec. 2.26. Deer hunting permits. In this Section,
"bona | ||||||
6 | fide equity shareholder" means an individual who (1) purchased, | ||||||
7 | for
market price, publicly sold stock shares in a corporation,
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8 | purchased shares of a privately-held corporation for a value
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9 | equal to the percentage of the appraised value of the corporate | ||||||
10 | assets
represented by the ownership in the corporation, or is a | ||||||
11 | member of a
closely-held family-owned corporation and has | ||||||
12 | purchased or been gifted with
shares of stock in the | ||||||
13 | corporation accurately reflecting his or her
percentage of | ||||||
14 | ownership and (2) intends to retain the ownership of the
shares | ||||||
15 | of stock for at least 5 years.
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16 | In this Section, "bona fide equity member" means an | ||||||
17 | individual who (1) (i)
became a member
upon
the formation of | ||||||
18 | the limited liability company or (ii) has purchased a
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19 | distributional interest in a limited liability company for a | ||||||
20 | value equal to the
percentage of the appraised value of the LLC | ||||||
21 | assets represented by the
distributional interest in the LLC | ||||||
22 | and subsequently becomes a member of the
company
pursuant to | ||||||
23 | Article 30 of the Limited Liability Company Act and who (2)
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24 | intends to retain the membership for at least 5 years.
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25 | In this Section, "bona fide equity partner" means an |
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1 | individual who (1) (i) became a partner, either general or | ||||||
2 | limited, upon the formation of a partnership or limited | ||||||
3 | partnership, or (ii) has purchased, acquired, or been gifted a | ||||||
4 | partnership interest accurately representing his or her | ||||||
5 | percentage distributional interest in the profits, losses, and | ||||||
6 | assets of a partnership or limited partnership, (2) intends to | ||||||
7 | retain ownership of the partnership interest for at least 5 | ||||||
8 | years, and (3) is a resident of Illinois.
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9 | Any person attempting to take deer shall first obtain a | ||||||
10 | "Deer
Hunting Permit" issued by the Department in accordance | ||||||
11 | with its administrative rules.
Those rules must provide for the | ||||||
12 | issuance of the following types of resident deer archery | ||||||
13 | permits: (i) a combination permit, consisting of one either-sex | ||||||
14 | permit and one antlerless-only permit, (ii) a single | ||||||
15 | antlerless-only permit, and (iii) a single either-sex permit. | ||||||
16 | The fee for a Deer Hunting Permit to take deer with either bow | ||||||
17 | and arrow or gun
shall not exceed $25.00 for residents of the | ||||||
18 | State. The Department may by
administrative rule provide for | ||||||
19 | non-resident deer hunting permits for which the
fee will not | ||||||
20 | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | ||||||
21 | thereafter except as provided below for non-resident | ||||||
22 | landowners
and non-resident archery hunters. The Department | ||||||
23 | may by
administrative rule provide for a non-resident archery | ||||||
24 | deer permit consisting
of not more than 2 harvest tags at a | ||||||
25 | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | ||||||
26 | in 2007 and thereafter.
Permits shall be issued without charge |
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1 | to:
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2 | (a) Illinois landowners residing in Illinois who own at | ||||||
3 | least 40 acres of
Illinois land and wish to hunt their land | ||||||
4 | only,
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5 | (b) resident tenants of at least 40 acres of commercial | ||||||
6 | agricultural land
where they will hunt, and
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7 | (c) Bona fide equity shareholders of a corporation,
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8 | bona fide
equity
members of a limited liability
company, or | ||||||
9 | bona fide equity partners of a general or limited | ||||||
10 | partnership
which owns at least 40 acres of land
in a | ||||||
11 | county in Illinois who wish to hunt on the corporation's, | ||||||
12 | company's, or partnership's land only.
One permit shall be | ||||||
13 | issued without charge to one bona fide equity
shareholder, | ||||||
14 | one bona fide equity member, or one bona fide equity | ||||||
15 | partner for each 40
acres of land owned by the corporation, | ||||||
16 | company, or partnership in
a county; however, the number of
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17 | permits issued without charge to bona fide equity | ||||||
18 | shareholders of any
corporation or bona fide equity members
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19 | of a limited
liability company in any
county shall not | ||||||
20 | exceed 15, and shall not exceed 3 in the case of bona fide | ||||||
21 | equity partners of a partnership.
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22 | Bona fide landowners or tenants who do not wish to hunt | ||||||
23 | only on the land
they own, rent, or lease or bona fide equity | ||||||
24 | shareholders, bona fide
equity
members, or bona fide equity | ||||||
25 | partners who do not wish to hunt
only on the
land owned by the | ||||||
26 | corporation, limited liability company, or partnership
shall |
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1 | be
charged the same fee as the
applicant who is not a | ||||||
2 | landowner, tenant, bona fide equity
shareholder,
bona fide | ||||||
3 | equity member, or bona fide equity partner. Nonresidents
of
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4 | Illinois who own at least 40 acres of land and wish to hunt on | ||||||
5 | their land only
shall be charged a fee set by administrative | ||||||
6 | rule. The method for
obtaining these permits shall be | ||||||
7 | prescribed by administrative rule.
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8 | The deer hunting permit issued without fee shall be valid | ||||||
9 | on
all farm lands which the person to whom it is issued owns, | ||||||
10 | leases or rents,
except that in the case of a permit issued to | ||||||
11 | a bona fide equity
shareholder, bona fide equity member, or | ||||||
12 | bona fide equity partner, the
permit shall
be valid on all | ||||||
13 | lands owned by the corporation, limited liability
company, or | ||||||
14 | partnership in the county.
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15 | The standards and specifications for use of guns and bow | ||||||
16 | and arrow for
deer hunting shall be established by | ||||||
17 | administrative rule.
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18 | No person may have in his possession any firearm not | ||||||
19 | authorized by
administrative rule for a specific hunting season | ||||||
20 | when taking deer.
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21 | Persons having a firearm deer hunting permit shall be | ||||||
22 | permitted to
take deer only during the period from 1/2 hour | ||||||
23 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
24 | days for which an open season is
established for the taking of | ||||||
25 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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26 | Persons having an archery deer hunting permit shall be |
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1 | permitted to
take deer only during the period from 1/2 hour | ||||||
2 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
3 | days for which an open season is
established for the taking of | ||||||
4 | deer by use of bow and arrow.
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5 | It shall be unlawful for any person to take deer by use of | ||||||
6 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
7 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
8 | of this Section, "bait" means any material, whether liquid or | ||||||
9 | solid, including food, salt, minerals, and other products, | ||||||
10 | except pure water, that can be ingested, placed, or scattered | ||||||
11 | in such a manner as to attract or lure white-tailed deer. | ||||||
12 | "Baiting" means the placement or scattering of bait to attract | ||||||
13 | deer. An area is considered as baited during the presence
of | ||||||
14 | and for 10 consecutive days following the removal of bait. | ||||||
15 | Nothing in this Section shall prohibit the use of a dog to | ||||||
16 | track wounded deer. Any person using a dog for tracking wounded | ||||||
17 | deer must maintain physical control of the dog at all times by | ||||||
18 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
19 | harness. Tracking wounded deer is permissible at night, but at | ||||||
20 | no time outside of legal deer hunting hours or seasons shall | ||||||
21 | any person handling or accompanying a dog being used for | ||||||
22 | tracking wounded deer be in possession of any firearm or | ||||||
23 | archery device. Persons tracking wounded deer with a dog during | ||||||
24 | the firearm deer seasons shall wear blaze orange as required. | ||||||
25 | Dog handlers tracking wounded deer with a dog are exempt from | ||||||
26 | hunting license and deer permit requirements so long as they |
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1 | are accompanied by the licensed deer hunter who wounded the | ||||||
2 | deer.
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3 | It shall be unlawful to possess or transport any wild deer | ||||||
4 | which has
been injured or killed in any manner upon a public | ||||||
5 | highway or public
right-of-way of this State unless exempted by | ||||||
6 | administrative rule.
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7 | Persons hunting deer must have gun unloaded and no bow and | ||||||
8 | arrow
device shall be carried with the arrow in the nocked | ||||||
9 | position during
hours when deer hunting is unlawful.
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10 | It shall be unlawful for any person, having taken the legal | ||||||
11 | limit of
deer by gun, to further participate with gun in any | ||||||
12 | deer hunting party.
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13 | It shall be unlawful for any person, having taken the legal | ||||||
14 | limit
of deer by bow and arrow, to further participate with bow | ||||||
15 | and arrow in any
deer hunting party.
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16 | The Department may prohibit upland game hunting during the | ||||||
17 | gun deer
season by administrative rule.
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18 | The Department shall not limit the number of non-resident | ||||||
19 | either sex archery deer hunting permits to less than 20,000.
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20 | For the purposes of taking deer by crossbow under paragraph | ||||||
21 | (4) of Section 2.5, a youth may be granted one either sex | ||||||
22 | permit and one antlerless-only permit. | ||||||
23 | Any person who violates any of the provisions of this | ||||||
24 | Section,
including administrative rules, shall be guilty of a | ||||||
25 | Class B misdemeanor.
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26 | For the purposes of calculating acreage under this Section, |
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1 | the Department shall, after determining the total acreage of | ||||||
2 | the applicable tract or tracts of land, round remaining | ||||||
3 | fractional portions of an acre greater than or equal to half of | ||||||
4 | an acre up to the next whole acre. | ||||||
5 | For the purposes of taking white-tailed deer, nothing in | ||||||
6 | this Section shall be construed to prevent the manipulation, | ||||||
7 | including mowing or cutting, of standing crops as a normal | ||||||
8 | agricultural or soil stabilization practice, food plots, or | ||||||
9 | normal agricultural practices, including planting, harvesting, | ||||||
10 | and maintenance such as cultivating or the use of products | ||||||
11 | designed for scent only and not capable of ingestion, solid or | ||||||
12 | liquid, placed or scattered, in such a manner as to attract or | ||||||
13 | lure deer. Such manipulation for the purpose of taking | ||||||
14 | white-tailed deer may be further modified by administrative | ||||||
15 | rule. | ||||||
16 | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; | ||||||
17 | 98-180, eff. 8-5-13.)
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