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| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3812 Introduced , by Rep. Norine K. Hammond SYNOPSIS AS INTRODUCED:
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| 520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Provides that during the pilot program that creates the special 3-day, youth-only firearm deer hunting season, one day of the 3 days shall be reserved for children with disabilities. Provides that the one day youth-only firearm deer hunting season reserved for children with disabilities shall apply to all counties located in the State. Provides that all provisions of the pilot program are inoperative on and after January 1, 2023. Effective June 1, 2021.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| | HB3812 | | LRB102 13594 KMF 18943 b |
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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 |
| 5 | | Section 2.26 as follows:
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| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 7 | | Sec. 2.26. Deer hunting permits. Any person attempting to |
| 8 | | take deer shall first obtain a "Deer
Hunting Permit" issued by |
| 9 | | the Department in accordance with its administrative rules.
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| 10 | | Those rules must provide for the issuance of the following |
| 11 | | types of resident deer archery permits: (i) a combination |
| 12 | | permit, consisting of one either-sex permit and one |
| 13 | | antlerless-only permit, (ii) a single antlerless-only permit, |
| 14 | | and (iii) a single either-sex permit. The fee for a Deer |
| 15 | | Hunting Permit to take deer with either bow and arrow or gun
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| 16 | | shall not exceed $25.00 for residents of the State. The |
| 17 | | Department may by
administrative rule provide for non-resident |
| 18 | | deer hunting permits for which the
fee will not exceed $300 in |
| 19 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
| 20 | | provided below for non-resident landowners
and non-resident |
| 21 | | archery hunters. The Department may by
administrative rule |
| 22 | | provide for a non-resident archery deer permit consisting
of |
| 23 | | not more than 2 harvest tags at a total cost not to exceed $325 |
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| | HB3812 | - 2 - | LRB102 13594 KMF 18943 b |
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| 1 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The |
| 2 | | fees for a youth resident and non-resident archery deer permit |
| 3 | | shall be the same.
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| 4 | | The Department shall create a pilot program during the |
| 5 | | special 3-day, youth-only deer hunting season to allow for |
| 6 | | youth deer hunting permits that are valid statewide, excluding |
| 7 | | those counties or portions of counties closed to firearm deer |
| 8 | | hunting. During this special 3-day, youth-only firearm deer |
| 9 | | hunting season, one day of the 3 days shall be reserved for |
| 10 | | children with disabilities on the condition that their |
| 11 | | respective disabilities do not prevent them from hunting in a |
| 12 | | manner that is safe to themselves and others. The one day |
| 13 | | youth-only firearm deer hunting season reserved for children |
| 14 | | with disabilities shall apply to all counties located in the |
| 15 | | State. For the purposes of this Section, "children with |
| 16 | | disabilities" means a "child with a disability" as defined by |
| 17 | | the federal Individuals with Disabilities Education |
| 18 | | Improvement Act of 2004. The Department shall adopt rules to |
| 19 | | implement the pilot program. Nothing in this paragraph shall |
| 20 | | be construed to prohibit the Department from issuing Special |
| 21 | | Hunt Area Permits for the youth-only deer hunting season or |
| 22 | | establishing, through administrative rule, additional |
| 23 | | requirements pertaining to the youth-only deer hunting season |
| 24 | | on Department-owned or Department-managed sites, including |
| 25 | | site-specific quotas or drawings. The provisions of this |
| 26 | | paragraph are inoperative on and after January 1, 2023. |
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| 1 | | The standards and specifications for use of guns and bow |
| 2 | | and arrow for
deer hunting shall be established by |
| 3 | | administrative rule.
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| 4 | | No person may have in his or her possession any firearm not |
| 5 | | authorized by
administrative rule for a specific hunting |
| 6 | | season when taking deer.
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| 7 | | Persons having a firearm deer hunting permit shall be |
| 8 | | permitted to
take deer only during the period from 1/2 hour |
| 9 | | before sunrise to
1/2 hour after sunset, and only during those |
| 10 | | days for which an open season is
established for the taking of |
| 11 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| 12 | | Persons having an archery deer hunting permit shall be |
| 13 | | permitted to
take deer only during the period from 1/2 hour |
| 14 | | before sunrise to 1/2 hour
after sunset, and only during those |
| 15 | | days for which an open season is
established for the taking of |
| 16 | | deer by use of bow and arrow.
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| 17 | | It shall be unlawful for any person to take deer by use of |
| 18 | | dogs,
horses, automobiles, aircraft or other vehicles, or by |
| 19 | | the use
or aid of bait or baiting of any kind. For the purposes |
| 20 | | of this Section, "bait" means any material, whether liquid or |
| 21 | | solid, including food, salt, minerals, and other products, |
| 22 | | except pure water, that can be ingested, placed, or scattered |
| 23 | | in such a manner as to attract or lure white-tailed deer. |
| 24 | | "Baiting" means the placement or scattering of bait to attract |
| 25 | | deer. An area is considered as baited during the presence
of |
| 26 | | and for 10 consecutive days following the removal of bait. |
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| 1 | | Nothing in this Section shall prohibit the use of a dog to |
| 2 | | track wounded deer. Any person using a dog for tracking |
| 3 | | wounded deer must maintain physical control of the dog at all |
| 4 | | times by means of a maximum 50 foot lead attached to the dog's |
| 5 | | collar or harness. Tracking wounded deer is permissible at |
| 6 | | night, but at no time outside of legal deer hunting hours or |
| 7 | | seasons shall any person handling or accompanying a dog being |
| 8 | | used for tracking wounded deer be in possession of any firearm |
| 9 | | or archery device. Persons tracking wounded deer with a dog |
| 10 | | during the firearm deer seasons shall wear blaze orange or |
| 11 | | solid blaze pink color as required. Dog handlers tracking |
| 12 | | wounded deer with a dog are exempt from hunting license and |
| 13 | | deer permit requirements so long as they are accompanied by |
| 14 | | the licensed deer hunter who wounded the deer.
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| 15 | | It shall be unlawful to possess or transport any wild deer |
| 16 | | which has
been injured or killed in any manner upon a public |
| 17 | | highway or public
right-of-way of this State unless exempted |
| 18 | | by administrative rule.
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| 19 | | Persons hunting deer must have gun unloaded and no bow and |
| 20 | | arrow
device shall be carried with the arrow in the nocked |
| 21 | | position during
hours when deer hunting is unlawful.
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| 22 | | It shall be unlawful for any person, having taken the |
| 23 | | legal limit of
deer by gun, to further participate with gun in |
| 24 | | any deer hunting party.
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| 25 | | It shall be unlawful for any person, having taken the |
| 26 | | legal limit
of deer by bow and arrow, to further participate |
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| 1 | | with bow and arrow in any
deer hunting party.
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| 2 | | The Department may prohibit upland game hunting during the |
| 3 | | gun deer
season by administrative rule.
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| 4 | | The Department shall not limit the number of non-resident, |
| 5 | | either-sex archery deer hunting permits to less than 20,000.
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| 6 | | Any person who violates any of the provisions of this |
| 7 | | Section,
including administrative rules, shall be guilty of a |
| 8 | | Class B misdemeanor.
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| 9 | | For the purposes of calculating acreage under this |
| 10 | | Section, the Department shall, after determining the total |
| 11 | | acreage of the applicable tract or tracts of land, round |
| 12 | | remaining fractional portions of an acre greater than or equal |
| 13 | | to half of an acre up to the next whole acre. |
| 14 | | For the purposes of taking white-tailed deer, nothing in |
| 15 | | this Section shall be construed to prevent the manipulation, |
| 16 | | including mowing or cutting, of standing crops as a normal |
| 17 | | agricultural or soil stabilization practice, food plots, or |
| 18 | | normal agricultural practices, including planting, harvesting, |
| 19 | | and maintenance such as cultivating or the use of products |
| 20 | | designed for scent only and not capable of ingestion, solid or |
| 21 | | liquid, placed or scattered, in such a manner as to attract or |
| 22 | | lure deer. Such manipulation for the purpose of taking |
| 23 | | white-tailed deer may be further modified by administrative |
| 24 | | rule. |
| 25 | | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; |
| 26 | | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
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