Illinois General Assembly - Full Text of SB2039
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Full Text of SB2039  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/10/2017, by Sen. Chapin Rose


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

    Amends the Wildlife Code. Provides that a person may supplementally feed deer with items otherwise prohibited by the Code when not in active deer hunting season which shall be implemented by the Department of Natural Resources by rule.

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SB2039LRB100 11333 SLF 21708 b

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. Any person attempting to
8take deer shall first obtain a "Deer Hunting Permit" issued by
9the Department in accordance with its administrative rules.
10Those rules must provide for the issuance of the following
11types of resident deer archery permits: (i) a combination
12permit, consisting of one either-sex permit and one
13antlerless-only permit, (ii) a single antlerless-only permit,
14and (iii) a single either-sex permit. The fee for a Deer
15Hunting Permit to take deer with either bow and arrow or gun
16shall not exceed $25.00 for residents of the State. The
17Department may by administrative rule provide for non-resident
18deer hunting permits for which the fee will not exceed $300 in
192005, $350 in 2006, and $400 in 2007 and thereafter except as
20provided below for non-resident landowners and non-resident
21archery hunters. The Department may by administrative rule
22provide for a non-resident archery deer permit consisting of
23not more than 2 harvest tags at a total cost not to exceed $325



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1in 2005, $375 in 2006, and $425 in 2007 and thereafter.
2    The standards and specifications for use of guns and bow
3and arrow for deer hunting shall be established by
4administrative rule.
5    No person may have in his possession any firearm not
6authorized by administrative rule for a specific hunting season
7when taking deer.
8    Persons having a firearm deer hunting permit shall be
9permitted to take deer only during the period from 1/2 hour
10before sunrise to 1/2 hour after sunset, and only during those
11days for which an open season is established for the taking of
12deer by use of shotgun, handgun, or muzzle loading rifle.
13    Persons having an archery deer hunting permit shall be
14permitted to take deer only during the period from 1/2 hour
15before sunrise to 1/2 hour after sunset, and only during those
16days for which an open season is established for the taking of
17deer by use of bow and arrow.
18    It shall be unlawful for any person to take deer by use of
19dogs, horses, automobiles, aircraft or other vehicles, or by
20the use or aid of bait or baiting of any kind. For the purposes
21of this Section, "bait" means any material, whether liquid or
22solid, including food, salt, minerals, and other products,
23except pure water, that can be ingested, placed, or scattered
24in such a manner as to attract or lure white-tailed deer.
25"Baiting" means the placement or scattering of bait to attract
26deer. An area is considered as baited during the presence of



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1and for 10 consecutive days following the removal of bait. A
2person may supplementally feed deer with items otherwise
3prohibited by this Section when not in active deer hunting
4season which shall be implemented by the Department by rule.
5Nothing in this Section shall prohibit the use of a dog to
6track wounded deer. Any person using a dog for tracking wounded
7deer must maintain physical control of the dog at all times by
8means of a maximum 50 foot lead attached to the dog's collar or
9harness. Tracking wounded deer is permissible at night, but at
10no time outside of legal deer hunting hours or seasons shall
11any person handling or accompanying a dog being used for
12tracking wounded deer be in possession of any firearm or
13archery device. Persons tracking wounded deer with a dog during
14the firearm deer seasons shall wear blaze orange as required.
15Dog handlers tracking wounded deer with a dog are exempt from
16hunting license and deer permit requirements so long as they
17are accompanied by the licensed deer hunter who wounded the
19    It shall be unlawful to possess or transport any wild deer
20which has been injured or killed in any manner upon a public
21highway or public right-of-way of this State unless exempted by
22administrative rule.
23    Persons hunting deer must have gun unloaded and no bow and
24arrow device shall be carried with the arrow in the nocked
25position during hours when deer hunting is unlawful.
26    It shall be unlawful for any person, having taken the legal



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1limit of deer by gun, to further participate with gun in any
2deer hunting party.
3    It shall be unlawful for any person, having taken the legal
4limit of deer by bow and arrow, to further participate with bow
5and arrow in any deer hunting party.
6    The Department may prohibit upland game hunting during the
7gun deer season by administrative rule.
8    The Department shall not limit the number of non-resident,
9either-sex archery deer hunting permits to less than 20,000.
10    Any person who violates any of the provisions of this
11Section, including administrative rules, shall be guilty of a
12Class B misdemeanor.
13    For the purposes of calculating acreage under this Section,
14the Department shall, after determining the total acreage of
15the applicable tract or tracts of land, round remaining
16fractional portions of an acre greater than or equal to half of
17an acre up to the next whole acre.
18    For the purposes of taking white-tailed deer, nothing in
19this Section shall be construed to prevent the manipulation,
20including mowing or cutting, of standing crops as a normal
21agricultural or soil stabilization practice, food plots, or
22normal agricultural practices, including planting, harvesting,
23and maintenance such as cultivating or the use of products
24designed for scent only and not capable of ingestion, solid or
25liquid, placed or scattered, in such a manner as to attract or
26lure deer. Such manipulation for the purpose of taking



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1white-tailed deer may be further modified by administrative
3(Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16;
499-869, eff. 1-1-17.)