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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 Section | ||||||||||||||||||||||||||||||
5 | 2.25, 2.26 as follows:
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6 | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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7 | Sec. 2.25. It shall be unlawful for any person to take deer | ||||||||||||||||||||||||||||||
8 | except (i) with
a shotgun, handgun, or muzzleloading rifle ;
or | ||||||||||||||||||||||||||||||
9 | (ii) as provided by
administrative rule,
with a bow and arrow, | ||||||||||||||||||||||||||||||
10 | or crossbow device for handicapped persons as defined
in | ||||||||||||||||||||||||||||||
11 | Section 2.33, during the open season of not more than 14 days | ||||||||||||||||||||||||||||||
12 | which will
be set annually by the Director between the dates of
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13 | November 1st and December 31st, both inclusive ; or (iii) a | ||||||||||||||||||||||||||||||
14 | female deer with
a shotgun, handgun, or muzzleloading rifle or | ||||||||||||||||||||||||||||||
15 | as provided by
administrative rule,
with a bow and arrow, or | ||||||||||||||||||||||||||||||
16 | crossbow device for handicapped persons as defined
in Section | ||||||||||||||||||||||||||||||
17 | 2.33, during a female-deer-only deer season of not more than 7 | ||||||||||||||||||||||||||||||
18 | days to
begin 7 days before the beginning date of the open | ||||||||||||||||||||||||||||||
19 | season set by the Director under item (ii) .
For the purposes of | ||||||||||||||||||||||||||||||
20 | this Section, legal handguns include any centerfire
handguns of | ||||||||||||||||||||||||||||||
21 | .30
caliber or larger with a minimum barrel length of 4 inches. | ||||||||||||||||||||||||||||||
22 | The only legal
ammunition
for a centerfire handgun is a | ||||||||||||||||||||||||||||||
23 | cartridge of .30 caliber or larger with a
capability of at |
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1 | least
500 foot pounds of energy at the muzzle. Full metal | ||||||
2 | jacket bullets may not be
used to
harvest deer.
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3 | The Department shall make administrative rules concerning | ||||||
4 | management
restrictions applicable to the firearm and bow and | ||||||
5 | arrow season.
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6 | It shall be unlawful for any person to take deer except | ||||||
7 | with a bow and
arrow, or crossbow device for handicapped | ||||||
8 | persons (as defined in Section
2.33), during the open season | ||||||
9 | for bow and arrow set annually by the Director
between the | ||||||
10 | dates of September 1st and January 31st, both inclusive.
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11 | It shall be unlawful for any person to take deer except | ||||||
12 | with (i) a
muzzleloading rifle, or (ii) bow and arrow, or | ||||||
13 | crossbow device for
handicapped persons as defined in Section | ||||||
14 | 2.33, during the open season for
muzzleloading rifles set | ||||||
15 | annually by the Director.
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16 | The Director shall cause an administrative rule setting | ||||||
17 | forth the
prescribed rules and regulations, including bag and | ||||||
18 | possession limits and
those counties of the State where open | ||||||
19 | seasons are established, to be
published in accordance with | ||||||
20 | Sections 1.3 and 1.13 of this Act.
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21 | The Department may establish separate harvest periods for | ||||||
22 | the purpose of
managing or eradicating disease that has been | ||||||
23 | found in the deer herd. This
season shall be restricted to gun | ||||||
24 | or bow and arrow hunting only. The Department
shall publicly | ||||||
25 | announce, via statewide news release, the season dates and
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26 | shooting hours, the counties and sites open to hunting, permit |
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1 | requirements,
application dates, hunting rules, legal weapons, | ||||||
2 | and reporting requirements.
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3 | The Department is authorized to establish a separate | ||||||
4 | harvest period at
specific sites within the State for the | ||||||
5 | purpose of harvesting
surplus deer that cannot be taken during | ||||||
6 | the regular season provided for
the taking of deer. This season | ||||||
7 | shall be restricted to gun or bow and
arrow hunting only and | ||||||
8 | shall be established during the period of September 1st
to | ||||||
9 | February 15th, both inclusive. The Department shall publish | ||||||
10 | suitable
prescribed rules and regulations established by | ||||||
11 | administrative rule pertaining
to management restrictions | ||||||
12 | applicable to this special harvest program. The Department | ||||||
13 | shall allow unused gun deer permits that are left over from a | ||||||
14 | regular season for the taking of deer to be rolled over and | ||||||
15 | used during any separate harvest period held within 6 months of | ||||||
16 | the season for which those tags were issued at no additional | ||||||
17 | cost to the permit holder subject to the management | ||||||
18 | restrictions applicable to the special harvest program.
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19 | (Source: P.A. 93-37, eff. 6-25-03; 93-554, eff. 8-20-03; | ||||||
20 | 94-919, eff. 6-26-06.)
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21 | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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22 | Sec. 2.26. Deer hunting permits. In this Section,
"bona | ||||||
23 | fide equity shareholder" means an individual who (1) purchased, | ||||||
24 | for
market price, publicly sold stock shares in a corporation,
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25 | purchased shares of a privately-held corporation for a value
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1 | equal to the percentage of the appraised value of the corporate | ||||||
2 | assets
represented by the ownership in the corporation, or is a | ||||||
3 | member of a
closely-held family-owned corporation and has | ||||||
4 | purchased or been gifted with
shares of stock in the | ||||||
5 | corporation accurately reflecting his or her
percentage of | ||||||
6 | ownership and (2) intends to retain the ownership of the
shares | ||||||
7 | of stock for at least 5 years.
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8 | In this Section, "bona fide equity member" means an | ||||||
9 | individual who (1) (i)
became a member
upon
the formation of | ||||||
10 | the limited liability company or (ii) has purchased a
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11 | distributional interest in a limited liability company for a | ||||||
12 | value equal to the
percentage of the appraised value of the LLC | ||||||
13 | assets represented by the
distributional interest in the LLC | ||||||
14 | and subsequently becomes a member of the
company
pursuant to | ||||||
15 | Article 30 of the Limited Liability Company Act and who (2)
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16 | intends to retain the membership for at least 5 years.
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17 | In this Section, "bona fide equity partner" means an | ||||||
18 | individual who (1) (i) became a partner, either general or | ||||||
19 | limited, upon the formation of a partnership or limited | ||||||
20 | partnership, or (ii) has purchased, acquired, or been gifted a | ||||||
21 | partnership interest accurately representing his or her | ||||||
22 | percentage distributional interest in the profits, losses, and | ||||||
23 | assets of a partnership or limited partnership, (2) intends to | ||||||
24 | retain ownership of the partnership interest for at least 5 | ||||||
25 | years, and (3) is a resident of Illinois.
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26 | Any person attempting to take deer shall first obtain a |
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1 | "Deer
Hunting Permit" in accordance with prescribed | ||||||
2 | regulations set forth in an
Administrative Rule. Deer Hunting | ||||||
3 | Permits shall be issued by the Department.
The fee for a Deer | ||||||
4 | Hunting Permit to take deer with either bow and arrow or gun
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5 | shall not exceed $15.00 for residents of the State. The | ||||||
6 | Department may by
administrative rule provide for non-resident | ||||||
7 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
8 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
9 | provided below for non-resident landowners
and non-resident | ||||||
10 | archery hunters. The Department may by
administrative rule | ||||||
11 | provide for a non-resident archery deer permit consisting
of | ||||||
12 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
13 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits | ||||||
14 | shall be issued without charge to:
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15 | (a) Illinois landowners residing in Illinois who own at | ||||||
16 | least 40 acres of
Illinois land and wish to hunt their land | ||||||
17 | only,
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18 | (b) resident tenants of at least 40 acres of commercial | ||||||
19 | agricultural land
where they will hunt, and
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20 | (c) Bona fide equity shareholders of a corporation,
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21 | bona fide
equity
members of a limited liability
company, or | ||||||
22 | bona fide equity partners of a general or limited | ||||||
23 | partnership
which owns at least 40 acres of land
in a | ||||||
24 | county in Illinois who wish to hunt on the corporation's, | ||||||
25 | company's, or partnership's land only.
One permit shall be | ||||||
26 | issued without charge to one bona fide equity
shareholder, |
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1 | one bona fide equity member, or one bona fide equity | ||||||
2 | partner for each 40
acres of land owned by the corporation, | ||||||
3 | company, or partnership in
a county; however, the number of
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4 | permits issued without charge to bona fide equity | ||||||
5 | shareholders of any
corporation or bona fide equity members
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6 | of a limited
liability company in any
county shall not | ||||||
7 | exceed 15, and shall not exceed 3 in the case of bona fide | ||||||
8 | equity partners of a partnership.
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9 | Bona fide landowners or tenants who do not wish to hunt | ||||||
10 | only on the land
they own, rent, or lease or bona fide equity | ||||||
11 | shareholders, bona fide
equity
members, or bona fide equity | ||||||
12 | partners who do not wish to hunt
only on the
land owned by the | ||||||
13 | corporation, limited liability company, or partnership
shall | ||||||
14 | be
charged the same fee as the
applicant who is not a | ||||||
15 | landowner, tenant, bona fide equity
shareholder,
bona fide | ||||||
16 | equity member, or bona fide equity partner. Nonresidents
of
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17 | Illinois who own at least 40 acres of land and wish to hunt on | ||||||
18 | their land only
shall be charged a fee set by administrative | ||||||
19 | rule. The method for
obtaining these permits shall be | ||||||
20 | prescribed by administrative rule.
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21 | The deer hunting permit issued without fee shall be valid | ||||||
22 | on
all farm lands which the person to whom it is issued owns, | ||||||
23 | leases or rents,
except that in the case of a permit issued to | ||||||
24 | a bona fide equity
shareholder, bona fide equity member, or | ||||||
25 | bona fide equity partner, the
permit shall
be valid on all | ||||||
26 | lands owned by the corporation, limited liability
company, or |
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1 | partnership in the county.
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2 | Any person attempting to take a female deer, during the | ||||||
3 | female-deer-only deer season created in Section 2.25 shall | ||||||
4 | first obtain a "Female Only Deer
Hunting Permit" in accordance | ||||||
5 | with prescribed regulations set forth in an
administrative | ||||||
6 | rule. Female Only Deer Hunting Permits shall be issued by the | ||||||
7 | Department.
The fee for a Female Only Deer Hunting Permit to | ||||||
8 | take deer with either bow and arrow or gun
shall not exceed $15 | ||||||
9 | for residents of the State. Fifty percent of the fees from the | ||||||
10 | sale of Female Only Deer Hunting Permits shall be deposited | ||||||
11 | into the Hunting for Education Fund.
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12 | The standards and specifications for use of guns and bow | ||||||
13 | and arrow for
deer hunting shall be established by | ||||||
14 | administrative rule.
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15 | No person may have in his possession any firearm not | ||||||
16 | authorized by
administrative rule for a specific hunting season | ||||||
17 | when taking deer.
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18 | Persons having a firearm deer hunting permit shall be | ||||||
19 | permitted to
take deer only during the period from 1/2 hour | ||||||
20 | before sunrise to
sunset, and only during those days for which | ||||||
21 | an open season is
established for the taking of deer by use of | ||||||
22 | shotgun, handgun, or muzzle
loading
rifle.
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23 | Persons having an archery deer hunting permit shall be | ||||||
24 | permitted to
take deer only during the period from 1/2 hour | ||||||
25 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
26 | days for which an open season is
established for the taking of |
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1 | deer by use of bow and arrow.
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2 | It shall be unlawful for any person to take deer by use of | ||||||
3 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
4 | the use of salt
or bait of any kind. An area is considered as | ||||||
5 | baited during the presence
of and for 10 consecutive days | ||||||
6 | following the removal of bait. Nothing in this Section shall | ||||||
7 | prohibit the use of a dog to track wounded deer. Any person | ||||||
8 | using a dog for tracking wounded deer must maintain physical | ||||||
9 | control of the dog at all times by means of a maximum 50 foot | ||||||
10 | lead attached to the dog's collar or harness. Tracking wounded | ||||||
11 | deer is permissible at night, but at no time outside of legal | ||||||
12 | deer hunting hours or seasons shall any person handling or | ||||||
13 | accompanying a dog being used for tracking wounded deer be in | ||||||
14 | possession of any firearm or archery device. Persons tracking | ||||||
15 | wounded deer with a dog during the firearm deer seasons shall | ||||||
16 | wear blaze orange as required. Dog handlers tracking wounded | ||||||
17 | deer with a dog are exempt from hunting license and deer permit | ||||||
18 | requirements so long as they are accompanied by the licensed | ||||||
19 | deer hunter who wounded the deer.
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20 | It shall be unlawful to possess or transport any wild deer | ||||||
21 | which has
been injured or killed in any manner upon a public | ||||||
22 | highway or public
right-of-way of this State unless exempted by | ||||||
23 | administrative rule.
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24 | Persons hunting deer must have gun unloaded and no bow and | ||||||
25 | arrow
device shall be carried with the arrow in the nocked | ||||||
26 | position during
hours when deer hunting is unlawful.
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1 | It shall be unlawful for any person, having taken the legal | ||||||
2 | limit of
deer by gun, to further participate with gun in any | ||||||
3 | deer hunting party.
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4 | It shall be unlawful for any person, having taken the legal | ||||||
5 | limit
of deer by bow and arrow, to further participate with bow | ||||||
6 | and arrow in any
deer hunting party.
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7 | The Department may prohibit upland game hunting during the | ||||||
8 | gun deer
season by administrative rule.
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9 | The Department shall not limit the number of non-resident | ||||||
10 | either sex archery deer hunting permits to less than 20,000.
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11 | It shall be legal for handicapped persons, as defined in | ||||||
12 | Section 2.33, to
utilize a crossbow device, as defined in | ||||||
13 | Department rules, to take deer.
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14 | Any person who violates any of the provisions of this | ||||||
15 | Section,
including administrative rules, shall be guilty of a | ||||||
16 | Class B misdemeanor.
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17 | (Source: P.A. 93-554, eff. 8-20-03; 93-807, eff. 7-24-04; | ||||||
18 | 93-823, eff. 1-1-05; 94-10, eff. 6-7-05.)
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19 | Section 10. The State Finance Act is amended by adding | ||||||
20 | Sections 5.675 and 6z-69 as follows: | ||||||
21 | (30 ILCS 105/5.675 new) | ||||||
22 | Sec. 5.675. The Hunting for Education Fund. | ||||||
23 | (30 ILCS 105/6z-69 new)
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1 | Sec. 6z-69. The Hunting for Education Fund. The Hunting for | ||||||
2 | Education Fund is created as a special fund in the State | ||||||
3 | treasury. This fund is established to receive 50% of the funds | ||||||
4 | from the sale of Female Only Deer Hunting Permits in the State. | ||||||
5 | Subject to appropriation, moneys in the Fund shall be | ||||||
6 | distributed by the State Board of Education for the operation | ||||||
7 | of public schools. Any interest earned on moneys in the Fund | ||||||
8 | must be deposited into the Fund. | ||||||
9 | Each school district shall receive the moneys deposited in | ||||||
10 | the Fund from sales of Female Only Deer Hunting Permits in that | ||||||
11 | school district. The Department of Natural Resources shall | ||||||
12 | collaborate with the State Board of Education annually to | ||||||
13 | determine the amount of moneys each school district is entitled | ||||||
14 | to from the Fund.
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