Illinois General Assembly - Full Text of HB0346
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Full Text of HB0346  99th General Assembly




State of Illinois
2015 and 2016


Introduced , by Rep. David Reis


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

    Amends the Wildlife Code. Provides that a person with a valid concealed carry license issued under the Firearm Concealed Carry Act, or an off-duty law enforcement official or officer, may carry a handgun on or about his or her person while hunting deer. Effective immediately.

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1    AN ACT concerning wildlife.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Wildlife Code is amended by changing Section
52.26 as follows:
6    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
7    Sec. 2.26. Deer hunting permits. In this Section, "bona
8fide equity shareholder" means an individual who (1) purchased,
9for market price, publicly sold stock shares in a corporation,
10purchased shares of a privately-held corporation for a value
11equal to the percentage of the appraised value of the corporate
12assets represented by the ownership in the corporation, or is a
13member of a closely-held family-owned corporation and has
14purchased or been gifted with shares of stock in the
15corporation accurately reflecting his or her percentage of
16ownership and (2) intends to retain the ownership of the shares
17of stock for at least 5 years.
18    In this Section, "bona fide equity member" means an
19individual who (1) (i) became a member upon the formation of
20the limited liability company or (ii) has purchased a
21distributional interest in a limited liability company for a
22value equal to the percentage of the appraised value of the LLC
23assets represented by the distributional interest in the LLC



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1and subsequently becomes a member of the company pursuant to
2Article 30 of the Limited Liability Company Act and who (2)
3intends to retain the membership for at least 5 years.
4    In this Section, "bona fide equity partner" means an
5individual who (1) (i) became a partner, either general or
6limited, upon the formation of a partnership or limited
7partnership, or (ii) has purchased, acquired, or been gifted a
8partnership interest accurately representing his or her
9percentage distributional interest in the profits, losses, and
10assets of a partnership or limited partnership, (2) intends to
11retain ownership of the partnership interest for at least 5
12years, and (3) is a resident of Illinois.
13    Any person attempting to take deer shall first obtain a
14"Deer Hunting Permit" issued by the Department in accordance
15with its administrative rules. Those rules must provide for the
16issuance of the following types of resident deer archery
17permits: (i) a combination permit, consisting of one either-sex
18permit and one antlerless-only permit, (ii) a single
19antlerless-only permit, and (iii) a single either-sex permit.
20The fee for a Deer Hunting Permit to take deer with either bow
21and arrow or gun shall not exceed $25.00 for residents of the
22State. The Department may by administrative rule provide for
23non-resident deer hunting permits for which the fee will not
24exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
25thereafter except as provided below for non-resident
26landowners and non-resident archery hunters. The Department



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1may by administrative rule provide for a non-resident archery
2deer permit consisting of not more than 2 harvest tags at a
3total cost not to exceed $325 in 2005, $375 in 2006, and $425
4in 2007 and thereafter. Permits shall be issued without charge
6        (a) Illinois landowners residing in Illinois who own at
7    least 40 acres of Illinois land and wish to hunt their land
8    only,
9        (b) resident tenants of at least 40 acres of commercial
10    agricultural land where they will hunt, and
11        (c) Bona fide equity shareholders of a corporation,
12    bona fide equity members of a limited liability company, or
13    bona fide equity partners of a general or limited
14    partnership which owns at least 40 acres of land in a
15    county in Illinois who wish to hunt on the corporation's,
16    company's, or partnership's land only. One permit shall be
17    issued without charge to one bona fide equity shareholder,
18    one bona fide equity member, or one bona fide equity
19    partner for each 40 acres of land owned by the corporation,
20    company, or partnership in a county; however, the number of
21    permits issued without charge to bona fide equity
22    shareholders of any corporation or bona fide equity members
23    of a limited liability company in any county shall not
24    exceed 15, and shall not exceed 3 in the case of bona fide
25    equity partners of a partnership.
26    Bona fide landowners or tenants who do not wish to hunt



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1only on the land they own, rent, or lease or bona fide equity
2shareholders, bona fide equity members, or bona fide equity
3partners who do not wish to hunt only on the land owned by the
4corporation, limited liability company, or partnership shall
5be charged the same fee as the applicant who is not a
6landowner, tenant, bona fide equity shareholder, bona fide
7equity member, or bona fide equity partner. Nonresidents of
8Illinois who own at least 40 acres of land and wish to hunt on
9their land only shall be charged a fee set by administrative
10rule. The method for obtaining these permits shall be
11prescribed by administrative rule.
12    The deer hunting permit issued without fee shall be valid
13on all farm lands which the person to whom it is issued owns,
14leases or rents, except that in the case of a permit issued to
15a bona fide equity shareholder, bona fide equity member, or
16bona fide equity partner, the permit shall be valid on all
17lands owned by the corporation, limited liability company, or
18partnership in the county.
19    The standards and specifications for use of guns and bow
20and arrow for deer hunting shall be established by
21administrative rule.
22    No person may have in his or her possession any firearm not
23authorized by administrative rule for a specific hunting season
24when taking deer. However, a person with a valid concealed
25carry license issued under the Firearm Concealed Carry Act, or
26an off-duty law enforcement official or officer, may carry a



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1handgun on or about his or her person while hunting deer.
2    Persons having a firearm deer hunting permit shall be
3permitted to take deer only during the period from 1/2 hour
4before sunrise to 1/2 hour after sunset, and only during those
5days for which an open season is established for the taking of
6deer by use of shotgun, handgun, or muzzle loading rifle.
7    Persons having an archery deer hunting permit shall be
8permitted to take deer only during the period from 1/2 hour
9before sunrise to 1/2 hour after sunset, and only during those
10days for which an open season is established for the taking of
11deer by use of bow and arrow.
12    It shall be unlawful for any person to take deer by use of
13dogs, horses, automobiles, aircraft or other vehicles, or by
14the use or aid of bait or baiting of any kind. For the purposes
15of this Section, "bait" means any material, whether liquid or
16solid, including food, salt, minerals, and other products,
17except pure water, that can be ingested, placed, or scattered
18in such a manner as to attract or lure white-tailed deer.
19"Baiting" means the placement or scattering of bait to attract
20deer. An area is considered as baited during the presence of
21and for 10 consecutive days following the removal of bait.
22Nothing in this Section shall prohibit the use of a dog to
23track wounded deer. Any person using a dog for tracking wounded
24deer must maintain physical control of the dog at all times by
25means of a maximum 50 foot lead attached to the dog's collar or
26harness. Tracking wounded deer is permissible at night, but at



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1no time outside of legal deer hunting hours or seasons shall
2any person handling or accompanying a dog being used for
3tracking wounded deer be in possession of any firearm or
4archery device. Persons tracking wounded deer with a dog during
5the firearm deer seasons shall wear blaze orange as required.
6Dog handlers tracking wounded deer with a dog are exempt from
7hunting license and deer permit requirements so long as they
8are accompanied by the licensed deer hunter who wounded the
10    It shall be unlawful to possess or transport any wild deer
11which has been injured or killed in any manner upon a public
12highway or public right-of-way of this State unless exempted by
13administrative rule.
14    Persons hunting deer must have gun unloaded and no bow and
15arrow device shall be carried with the arrow in the nocked
16position during hours when deer hunting is unlawful.
17    It shall be unlawful for any person, having taken the legal
18limit of deer by gun, to further participate with gun in any
19deer hunting party.
20    It shall be unlawful for any person, having taken the legal
21limit of deer by bow and arrow, to further participate with bow
22and arrow in any deer hunting party.
23    The Department may prohibit upland game hunting during the
24gun deer season by administrative rule.
25    The Department shall not limit the number of non-resident
26either sex archery deer hunting permits to less than 20,000.



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1    Any person who violates any of the provisions of this
2Section, including administrative rules, shall be guilty of a
3Class B misdemeanor.
4    For the purposes of calculating acreage under this Section,
5the Department shall, after determining the total acreage of
6the applicable tract or tracts of land, round remaining
7fractional portions of an acre greater than or equal to half of
8an acre up to the next whole acre.
9    For the purposes of taking white-tailed deer, nothing in
10this Section shall be construed to prevent the manipulation,
11including mowing or cutting, of standing crops as a normal
12agricultural or soil stabilization practice, food plots, or
13normal agricultural practices, including planting, harvesting,
14and maintenance such as cultivating or the use of products
15designed for scent only and not capable of ingestion, solid or
16liquid, placed or scattered, in such a manner as to attract or
17lure deer. Such manipulation for the purpose of taking
18white-tailed deer may be further modified by administrative
20(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
2198-180, eff. 8-5-13.)
22    Section 99. Effective date. This Act takes effect upon
23becoming law.