Full Text of HB3754 102nd General Assembly
HB3754 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 HB3754 Introduced 2/22/2021, by Rep. Charles Meier SYNOPSIS AS INTRODUCED: |
| 520 ILCS 5/1.2a-1 new | | 520 ILCS 5/2.25 | from Ch. 61, par. 2.25 | 520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Permits the use of an airbow in hunting deer. Defines "airbow". Makes conforming changes.
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| | A BILL FOR |
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| 1 | | AN ACT concerning wildlife.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Wildlife Code is amended by changing | 5 | | Sections 2.25 and 2.26 and by adding Section 1.2a-1 as | 6 | | follows: | 7 | | (520 ILCS 5/1.2a-1 new) | 8 | | Sec. 1.2a-1. "Airbow" means a bow and arrow device that | 9 | | applies 150 pounds of force in the form of compressed air to an | 10 | | arrow over a 25 inch power stroke.
| 11 | | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
| 12 | | Sec. 2.25. It shall be unlawful for any person to take deer | 13 | | except (i) with
a shotgun, handgun, or muzzleloading rifle or | 14 | | (ii) as provided by
administrative rule,
with a bow and arrow | 15 | | or airbow , during the open season of not more than 14 days | 16 | | which will
be set annually by the Director between the dates of
| 17 | | November 1st and December 31st, both inclusive, or a special | 18 | | 3-day, youth-only season between the dates of September 1 and | 19 | | October 31.
For the purposes of this Section, legal handguns | 20 | | include any centerfire
handguns of .30
caliber or larger with | 21 | | a minimum barrel length of 4 inches. The only legal
ammunition
| 22 | | for a centerfire handgun is a cartridge of .30 caliber or |
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| 1 | | larger with a
capability of at least
500 foot pounds of energy | 2 | | at the muzzle. Full metal jacket bullets may not be
used to
| 3 | | harvest deer.
| 4 | | The Department shall make administrative rules concerning | 5 | | management
restrictions applicable to the firearm and bow and | 6 | | arrow season.
| 7 | | It shall be unlawful for any person to take deer except | 8 | | with a bow and
arrow or airbow during the open season for bow | 9 | | and arrow set annually by the Director
between the dates of | 10 | | September 1st and January 31st, both inclusive.
| 11 | | It shall be unlawful for any person to take deer except | 12 | | with (i) a
muzzleloading rifle or (ii) bow and arrow or airbow | 13 | | during the open season for
muzzleloading rifles set annually | 14 | | by the Director.
| 15 | | The Director shall cause an administrative rule setting | 16 | | forth the
prescribed rules and regulations, including bag and | 17 | | possession limits and
those counties of the State where open | 18 | | seasons are established, to be
published in accordance with | 19 | | Sections 1.3 and 1.13 of this Act.
| 20 | | The Department may establish separate harvest periods for | 21 | | the purpose of
managing or eradicating disease that has been | 22 | | found in the deer herd. This
season shall be restricted to gun , | 23 | | or bow and arrow , and airbow hunting only. The Department
| 24 | | shall publicly announce, via statewide news release, the | 25 | | season dates and
shooting hours, the counties and sites open | 26 | | to hunting, permit requirements,
application dates, hunting |
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| 1 | | rules, legal weapons, and reporting requirements.
| 2 | | The Department is authorized to establish a separate | 3 | | harvest period at
specific sites within the State for the | 4 | | purpose of harvesting
surplus deer that cannot be taken during | 5 | | the regular season provided for
the taking of deer. This | 6 | | season shall be restricted to gun , or bow and
arrow , and airbow | 7 | | hunting only and shall be established during the period of | 8 | | September 1st
to February 15th, both inclusive. The Department | 9 | | shall publish suitable
prescribed rules and regulations | 10 | | established by administrative rule pertaining
to management | 11 | | restrictions applicable to this special harvest program. The | 12 | | Department shall allow unused gun deer permits that are left | 13 | | over from a regular season for the taking of deer to be rolled | 14 | | over and used during any separate harvest period held within 6 | 15 | | months of the season for which those tags were issued at no | 16 | | additional cost to the permit holder subject to the management | 17 | | restrictions applicable to the special harvest program.
| 18 | | Beginning July 1, 2019, and on an annual basis thereafter, | 19 | | the Department shall provide a report to the General Assembly | 20 | | providing information regarding deer management programs | 21 | | established by the Code or by administrative rule that | 22 | | includes: (1) the number of surplus deer taken during each | 23 | | separate harvest season; (2) the number of deer found to have a | 24 | | communicable disease or other abnormality; and (3) what | 25 | | happens to the deer taken during each separate harvest season.
| 26 | | (Source: P.A. 101-66, eff. 7-12-19.)
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| 1 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 2 | | Sec. 2.26. Deer hunting permits. Any person attempting to | 3 | | take deer shall first obtain a "Deer
Hunting Permit" issued by | 4 | | the Department in accordance with its administrative rules.
| 5 | | Those rules must provide for the issuance of the following | 6 | | types of resident deer archery permits: (i) a combination | 7 | | permit, consisting of one either-sex permit and one | 8 | | antlerless-only permit, (ii) a single antlerless-only permit, | 9 | | and (iii) a single either-sex permit. The fee for a Deer | 10 | | Hunting Permit to take deer with either bow and arrow or gun
| 11 | | shall not exceed $25.00 for residents of the State. The | 12 | | Department may by
administrative rule provide for non-resident | 13 | | deer hunting permits for which the
fee will not exceed $300 in | 14 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 15 | | provided below for non-resident landowners
and non-resident | 16 | | archery hunters. The Department may by
administrative rule | 17 | | provide for a non-resident archery deer permit consisting
of | 18 | | not more than 2 harvest tags at a total cost not to exceed $325 | 19 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | 20 | | fees for a youth resident and non-resident archery deer permit | 21 | | shall be the same.
| 22 | | The Department shall create a pilot program during the | 23 | | special 3-day, youth-only deer hunting season to allow for | 24 | | youth deer hunting permits that are valid statewide, excluding | 25 | | those counties or portions of counties closed to firearm deer |
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| 1 | | hunting. The Department shall adopt rules to implement the | 2 | | pilot program. Nothing in this paragraph shall be construed to | 3 | | prohibit the Department from issuing Special Hunt Area Permits | 4 | | for the youth-only deer hunting season or establishing, | 5 | | through administrative rule, additional requirements | 6 | | pertaining to the youth-only deer hunting season on | 7 | | Department-owned or Department-managed sites, including | 8 | | site-specific quotas or drawings. The provisions of this | 9 | | paragraph are inoperative on and after January 1, 2023. | 10 | | The standards and specifications for use of guns , and bow | 11 | | and arrow , and airbow for
deer hunting shall be established by | 12 | | administrative rule.
| 13 | | No person may have in his or her possession any firearm not | 14 | | authorized by
administrative rule for a specific hunting | 15 | | season when taking deer.
| 16 | | Persons having a firearm deer hunting permit shall be | 17 | | permitted to
take deer only during the period from 1/2 hour | 18 | | before sunrise to
1/2 hour after sunset, and only during those | 19 | | days for which an open season is
established for the taking of | 20 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 21 | | Persons having an archery 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 bow and arrow or airbow .
| 26 | | It shall be unlawful for any person to take deer by use of |
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| 1 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 2 | | the use
or aid of bait or baiting of any kind. For the purposes | 3 | | of this Section, "bait" means any material, whether liquid or | 4 | | solid, including food, salt, minerals, and other products, | 5 | | except pure water, that can be ingested, placed, or scattered | 6 | | in such a manner as to attract or lure white-tailed deer. | 7 | | "Baiting" means the placement or scattering of bait to attract | 8 | | deer. An area is considered as baited during the presence
of | 9 | | and for 10 consecutive days following the removal of bait. | 10 | | Nothing in this Section shall prohibit the use of a dog to | 11 | | track wounded deer. Any person using a dog for tracking | 12 | | wounded deer must maintain physical control of the dog at all | 13 | | times by means of a maximum 50 foot lead attached to the dog's | 14 | | collar or harness. Tracking wounded deer is permissible at | 15 | | night, but at no time outside of legal deer hunting hours or | 16 | | seasons shall any person handling or accompanying a dog being | 17 | | used for tracking wounded deer be in possession of any firearm | 18 | | or archery device. Persons tracking wounded deer with a dog | 19 | | during the firearm deer seasons shall wear blaze orange or | 20 | | solid blaze pink color as required. Dog handlers tracking | 21 | | wounded deer with a dog are exempt from hunting license and | 22 | | deer permit requirements so long as they are accompanied by | 23 | | the licensed deer hunter who wounded the deer.
| 24 | | It shall be unlawful to possess or transport any wild deer | 25 | | which has
been injured or killed in any manner upon a public | 26 | | highway or public
right-of-way of this State unless exempted |
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| 1 | | by administrative rule.
| 2 | | Persons hunting deer must have gun unloaded and no bow and | 3 | | arrow
device , including an airbow, shall be carried with the | 4 | | arrow in the nocked position during
hours when deer hunting is | 5 | | unlawful.
| 6 | | It shall be unlawful for any person, having taken the | 7 | | legal limit of
deer by gun, to further participate with gun in | 8 | | any deer hunting party.
| 9 | | It shall be unlawful for any person, having taken the | 10 | | legal limit
of deer by bow and arrow or airbow , to further | 11 | | participate with bow and arrow or airbow in any
deer hunting | 12 | | party.
| 13 | | The Department may prohibit upland game hunting during the | 14 | | gun deer
season by administrative rule.
| 15 | | The Department shall not limit the number of non-resident, | 16 | | either-sex archery deer hunting permits to less than 20,000.
| 17 | | Any person who violates any of the provisions of this | 18 | | Section,
including administrative rules, shall be guilty of a | 19 | | Class B misdemeanor.
| 20 | | For the purposes of calculating acreage under this | 21 | | Section, the Department shall, after determining the total | 22 | | acreage of the applicable tract or tracts of land, round | 23 | | remaining fractional portions of an acre greater than or equal | 24 | | to half of an acre up to the next whole acre. | 25 | | For the purposes of taking white-tailed deer, nothing in | 26 | | this Section shall be construed to prevent the manipulation, |
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| 1 | | including mowing or cutting, of standing crops as a normal | 2 | | agricultural or soil stabilization practice, food plots, or | 3 | | normal agricultural practices, including planting, harvesting, | 4 | | and maintenance such as cultivating or the use of products | 5 | | designed for scent only and not capable of ingestion, solid or | 6 | | liquid, placed or scattered, in such a manner as to attract or | 7 | | lure deer. Such manipulation for the purpose of taking | 8 | | white-tailed deer may be further modified by administrative | 9 | | rule. | 10 | | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | 11 | | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20 .)
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