Illinois General Assembly - Full Text of SB1668
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Full Text of SB1668  99th General Assembly




State of Illinois
2015 and 2016


Introduced 2/20/2015, by Sen. Chapin Rose


520 ILCS 5/2.5
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    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.

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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
5Sections 2.5 and 2.26 as follows:
6    (520 ILCS 5/2.5)
7    Sec. 2.5. Crossbow conditions. A person may use a crossbow
8if 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
20person who has a physical impairment due to injury or disease,
21congenital or acquired, which renders the person them so
22severely disabled as to be unable to use a longbow, recurve
23bow, or compound bow. Permits must be issued only after the



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1receipt of a physician's statement confirming the applicant is
2handicapped as defined above.
3(Source: P.A. 97-907, eff. 8-7-12; revised 12-10-14.)
4    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
5    Sec. 2.26. Deer hunting permits. In this Section, "bona
6fide equity shareholder" means an individual who (1) purchased,
7for market price, publicly sold stock shares in a corporation,
8purchased shares of a privately-held corporation for a value
9equal to the percentage of the appraised value of the corporate
10assets represented by the ownership in the corporation, or is a
11member of a closely-held family-owned corporation and has
12purchased or been gifted with shares of stock in the
13corporation accurately reflecting his or her percentage of
14ownership and (2) intends to retain the ownership of the shares
15of stock for at least 5 years.
16    In this Section, "bona fide equity member" means an
17individual who (1) (i) became a member upon the formation of
18the limited liability company or (ii) has purchased a
19distributional interest in a limited liability company for a
20value equal to the percentage of the appraised value of the LLC
21assets represented by the distributional interest in the LLC
22and subsequently becomes a member of the company pursuant to
23Article 30 of the Limited Liability Company Act and who (2)
24intends to retain the membership for at least 5 years.
25    In this Section, "bona fide equity partner" means an



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1individual who (1) (i) became a partner, either general or
2limited, upon the formation of a partnership or limited
3partnership, or (ii) has purchased, acquired, or been gifted a
4partnership interest accurately representing his or her
5percentage distributional interest in the profits, losses, and
6assets of a partnership or limited partnership, (2) intends to
7retain ownership of the partnership interest for at least 5
8years, and (3) is a resident of Illinois.
9    Any person attempting to take deer shall first obtain a
10"Deer Hunting Permit" issued by the Department in accordance
11with its administrative rules. Those rules must provide for the
12issuance of the following types of resident deer archery
13permits: (i) a combination permit, consisting of one either-sex
14permit and one antlerless-only permit, (ii) a single
15antlerless-only permit, and (iii) a single either-sex permit.
16The fee for a Deer Hunting Permit to take deer with either bow
17and arrow or gun shall not exceed $25.00 for residents of the
18State. The Department may by administrative rule provide for
19non-resident deer hunting permits for which the fee will not
20exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
21thereafter except as provided below for non-resident
22landowners and non-resident archery hunters. The Department
23may by administrative rule provide for a non-resident archery
24deer permit consisting of not more than 2 harvest tags at a
25total cost not to exceed $325 in 2005, $375 in 2006, and $425
26in 2007 and thereafter. Permits shall be issued without charge



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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,
5        (b) resident tenants of at least 40 acres of commercial
6    agricultural land where they will hunt, and
7        (c) Bona fide equity shareholders of a corporation,
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
17    permits issued without charge to bona fide equity
18    shareholders of any corporation or bona fide equity members
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.
22    Bona fide landowners or tenants who do not wish to hunt
23only on the land they own, rent, or lease or bona fide equity
24shareholders, bona fide equity members, or bona fide equity
25partners who do not wish to hunt only on the land owned by the
26corporation, limited liability company, or partnership shall



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1be charged the same fee as the applicant who is not a
2landowner, tenant, bona fide equity shareholder, bona fide
3equity member, or bona fide equity partner. Nonresidents of
4Illinois who own at least 40 acres of land and wish to hunt on
5their land only shall be charged a fee set by administrative
6rule. The method for obtaining these permits shall be
7prescribed by administrative rule.
8    The deer hunting permit issued without fee shall be valid
9on all farm lands which the person to whom it is issued owns,
10leases or rents, except that in the case of a permit issued to
11a bona fide equity shareholder, bona fide equity member, or
12bona fide equity partner, the permit shall be valid on all
13lands owned by the corporation, limited liability company, or
14partnership in the county.
15    The standards and specifications for use of guns and bow
16and arrow for deer hunting shall be established by
17administrative rule.
18    No person may have in his possession any firearm not
19authorized by administrative rule for a specific hunting season
20when taking deer.
21    Persons having a firearm deer hunting permit shall be
22permitted to take deer only during the period from 1/2 hour
23before sunrise to 1/2 hour after sunset, and only during those
24days for which an open season is established for the taking of
25deer by use of shotgun, handgun, or muzzle loading rifle.
26    Persons having an archery deer hunting permit shall be



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1permitted to take deer only during the period from 1/2 hour
2before sunrise to 1/2 hour after sunset, and only during those
3days for which an open season is established for the taking of
4deer by use of bow and arrow.
5    It shall be unlawful for any person to take deer by use of
6dogs, horses, automobiles, aircraft or other vehicles, or by
7the use or aid of bait or baiting of any kind. For the purposes
8of this Section, "bait" means any material, whether liquid or
9solid, including food, salt, minerals, and other products,
10except pure water, that can be ingested, placed, or scattered
11in such a manner as to attract or lure white-tailed deer.
12"Baiting" means the placement or scattering of bait to attract
13deer. An area is considered as baited during the presence of
14and for 10 consecutive days following the removal of bait.
15Nothing in this Section shall prohibit the use of a dog to
16track wounded deer. Any person using a dog for tracking wounded
17deer must maintain physical control of the dog at all times by
18means of a maximum 50 foot lead attached to the dog's collar or
19harness. Tracking wounded deer is permissible at night, but at
20no time outside of legal deer hunting hours or seasons shall
21any person handling or accompanying a dog being used for
22tracking wounded deer be in possession of any firearm or
23archery device. Persons tracking wounded deer with a dog during
24the firearm deer seasons shall wear blaze orange as required.
25Dog handlers tracking wounded deer with a dog are exempt from
26hunting license and deer permit requirements so long as they



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1are accompanied by the licensed deer hunter who wounded the
3    It shall be unlawful to possess or transport any wild deer
4which has been injured or killed in any manner upon a public
5highway or public right-of-way of this State unless exempted by
6administrative rule.
7    Persons hunting deer must have gun unloaded and no bow and
8arrow device shall be carried with the arrow in the nocked
9position during hours when deer hunting is unlawful.
10    It shall be unlawful for any person, having taken the legal
11limit of deer by gun, to further participate with gun in any
12deer hunting party.
13    It shall be unlawful for any person, having taken the legal
14limit of deer by bow and arrow, to further participate with bow
15and arrow in any deer hunting party.
16    The Department may prohibit upland game hunting during the
17gun deer season by administrative rule.
18    The Department shall not limit the number of non-resident
19either sex archery deer hunting permits to less than 20,000.
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
22permit and one antlerless-only permit.
23    Any person who violates any of the provisions of this
24Section, including administrative rules, shall be guilty of a
25Class B misdemeanor.
26    For the purposes of calculating acreage under this Section,



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1the Department shall, after determining the total acreage of
2the applicable tract or tracts of land, round remaining
3fractional portions of an acre greater than or equal to half of
4an acre up to the next whole acre.
5    For the purposes of taking white-tailed deer, nothing in
6this Section shall be construed to prevent the manipulation,
7including mowing or cutting, of standing crops as a normal
8agricultural or soil stabilization practice, food plots, or
9normal agricultural practices, including planting, harvesting,
10and maintenance such as cultivating or the use of products
11designed for scent only and not capable of ingestion, solid or
12liquid, placed or scattered, in such a manner as to attract or
13lure deer. Such manipulation for the purpose of taking
14white-tailed deer may be further modified by administrative
16(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
1798-180, eff. 8-5-13.)