Bill Text: IL HB2823 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced) 2017-05-15 - Added Chief Co-Sponsor Rep. Brandon W. Phelps [HB2823 Detail]

Download: Illinois-2017-HB2823-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2823

Introduced , by Rep. Jerry Costello, II

SYNOPSIS AS INTRODUCED:
520 ILCS 5/2.11 from Ch. 61, par. 2.11
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/2.33 from Ch. 61, par. 2.33
520 ILCS 5/2.34 from Ch. 61, par. 2.34

Amends the Wildlife Code. Provides in various provisions an exemption to carry a firearm on Department of Natural Resources property in accordance with the Firearm Concealed Carry Act.
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A BILL FOR

HB2823LRB100 08894 SLF 19037 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
5Sections 2.11, 2.26, 2.33, and 2.34 as follows:
6 (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
7 Sec. 2.11. Before any person may lawfully hunt wild turkey,
8he shall first obtain a "Wild Turkey Hunting Permit" in
9accordance with the prescribed regulations set forth in an
10administrative rule of the Department. The fee for a Resident
11Wild Turkey Hunting Permit shall not exceed $15.
12 Upon submitting suitable evidence of legal residence in any
13other state, non-residents shall be charged a fee not to exceed
14$125 for wild turkey hunting permits.
15 The Department may by administrative rule allocate and
16issue non-resident Wild Turkey Permits and establish fees for
17such permits.
18 It shall be unlawful to take wild turkey except by use of a
19bow and arrow or a shotgun of not larger than 10 nor smaller
20than 20 gauge with shot size not larger than No. 4, and no
21person while attempting to so take wild turkey may have in his
22possession any other gun unless in accordance with the Firearm
23Concealed Carry Act.

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1 It shall be unlawful to take, or attempt to take wild
2turkey except during the time from 1/2 hour before sunrise to
31/2 hour after sunset or during such lesser period of time as
4may be specified by administrative rule, during those days for
5which an open season is established.
6 It shall be unlawful for any person to take, or attempt to
7take, wild turkey by use of dogs, horses, automobiles, aircraft
8or other vehicles, or conveyances, or by the use or aid of bait
9or baiting of any kind. For the purposes of this Section,
10"bait" means any material, whether liquid or solid, including
11food, salt, minerals, and other products, except pure water,
12that can be ingested, placed, or scattered in such a manner as
13to attract or lure wild turkeys. "Baiting" means the placement
14or scattering of bait to attract wild turkeys. An area is
15considered as baited during the presence of and for 10
16consecutive days following the removal of the bait.
17 It is unlawful for any person to take in Illinois or have
18in his possession more than one wild turkey per valid permit.
19 For the purposes of calculating acreage under this Section,
20the Department shall, after determining the total acreage of
21the applicable tract or tracts of land, round remaining
22fractional portions of an acre greater than or equal to half of
23an acre up to the next whole acre.
24 For the purposes of taking wild turkey, nothing in this
25Section shall be construed to prevent the manipulation,
26including mowing or cutting, of standing crops as a normal

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1agricultural or soil stabilization practice, food plots, or
2normal agricultural practices, including planting, harvesting,
3and maintenance such as cultivating. Such manipulation for the
4purpose of taking wild turkey may be further modified by
5administrative rule.
6(Source: P.A. 98-180, eff. 8-5-13; 99-869, eff. 1-1-17.)
7 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
8 Sec. 2.26. Deer hunting permits. Any person attempting to
9take deer shall first obtain a "Deer Hunting Permit" issued by
10the Department in accordance with its administrative rules.
11Those rules must provide for the issuance of the following
12types of resident deer archery permits: (i) a combination
13permit, consisting of one either-sex permit and one
14antlerless-only permit, (ii) a single antlerless-only permit,
15and (iii) a single either-sex permit. The fee for a Deer
16Hunting Permit to take deer with either bow and arrow or gun
17shall not exceed $25.00 for residents of the State. The
18Department may by administrative rule provide for non-resident
19deer hunting permits for which the fee will not exceed $300 in
202005, $350 in 2006, and $400 in 2007 and thereafter except as
21provided below for non-resident landowners and non-resident
22archery hunters. The Department may by administrative rule
23provide for a non-resident archery deer permit consisting of
24not more than 2 harvest tags at a total cost not to exceed $325
25in 2005, $375 in 2006, and $425 in 2007 and thereafter.

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1 The standards and specifications for use of guns and bow
2and arrow for deer hunting shall be established by
3administrative rule.
4 No person may have in his or her possession any firearm not
5authorized by administrative rule for a specific hunting season
6when taking deer unless in accordance with the Firearm
7Concealed Carry Act.
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.
2Nothing in this Section shall prohibit the use of a dog to
3track wounded deer. Any person using a dog for tracking wounded
4deer must maintain physical control of the dog at all times by
5means of a maximum 50 foot lead attached to the dog's collar or
6harness. Tracking wounded deer is permissible at night, but at
7no time outside of legal deer hunting hours or seasons shall
8any person handling or accompanying a dog being used for
9tracking wounded deer be in possession of any firearm or
10archery device. Persons tracking wounded deer with a dog during
11the firearm deer seasons shall wear blaze orange as required.
12Dog handlers tracking wounded deer with a dog are exempt from
13hunting license and deer permit requirements so long as they
14are accompanied by the licensed deer hunter who wounded the
15deer.
16 It shall be unlawful to possess or transport any wild deer
17which has been injured or killed in any manner upon a public
18highway or public right-of-way of this State unless exempted by
19administrative rule.
20 Persons hunting deer must have gun unloaded and no bow and
21arrow device shall be carried with the arrow in the nocked
22position during hours when deer hunting is unlawful.
23 It shall be unlawful for any person, having taken the legal
24limit of deer by gun, to further participate with gun in any
25deer hunting party.
26 It shall be unlawful for any person, having taken the legal

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1limit of deer by bow and arrow, to further participate with bow
2and arrow in any deer hunting party.
3 The Department may prohibit upland game hunting during the
4gun deer season by administrative rule.
5 The Department shall not limit the number of non-resident,
6either-sex archery deer hunting permits to less than 20,000.
7 Any person who violates any of the provisions of this
8Section, including administrative rules, shall be guilty of a
9Class B misdemeanor.
10 For the purposes of calculating acreage under this Section,
11the Department shall, after determining the total acreage of
12the applicable tract or tracts of land, round remaining
13fractional portions of an acre greater than or equal to half of
14an acre up to the next whole acre.
15 For the purposes of taking white-tailed deer, nothing in
16this Section shall be construed to prevent the manipulation,
17including mowing or cutting, of standing crops as a normal
18agricultural or soil stabilization practice, food plots, or
19normal agricultural practices, including planting, harvesting,
20and maintenance such as cultivating or the use of products
21designed for scent only and not capable of ingestion, solid or
22liquid, placed or scattered, in such a manner as to attract or
23lure deer. Such manipulation for the purpose of taking
24white-tailed deer may be further modified by administrative
25rule.
26(Source: P.A. 98-180, eff. 8-5-13; 99-642, eff. 7-28-16;

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199-869, eff. 1-1-17.)
2 (520 ILCS 5/2.33) (from Ch. 61, par. 2.33)
3 Sec. 2.33. Prohibitions.
4 (a) It is unlawful to carry or possess any gun in any State
5refuge unless otherwise permitted by administrative rule.
6 (b) It is unlawful to use or possess any snare or
7snare-like device, deadfall, net, or pit trap to take any
8species, except that snares not powered by springs or other
9mechanical devices may be used to trap fur-bearing mammals, in
10water sets only, if at least one-half of the snare noose is
11located underwater at all times.
12 (c) It is unlawful for any person at any time to take a
13wild mammal protected by this Act from its den by means of any
14mechanical device, spade, or digging device or to use smoke or
15other gases to dislodge or remove such mammal except as
16provided in Section 2.37.
17 (d) It is unlawful to use a ferret or any other small
18mammal which is used in the same or similar manner for which
19ferrets are used for the purpose of frightening or driving any
20mammals from their dens or hiding places.
21 (e) (Blank).
22 (f) It is unlawful to use spears, gigs, hooks or any like
23device to take any species protected by this Act.
24 (g) It is unlawful to use poisons, chemicals or explosives
25for the purpose of taking any species protected by this Act.

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1 (h) It is unlawful to hunt adjacent to or near any peat,
2grass, brush or other inflammable substance when it is burning.
3 (i) It is unlawful to take, pursue or intentionally harass
4or disturb in any manner any wild birds or mammals by use or
5aid of any vehicle or conveyance, except as permitted by the
6Code of Federal Regulations for the taking of waterfowl. It is
7also unlawful to use the lights of any vehicle or conveyance or
8any light from or any light connected to the vehicle or
9conveyance in any area where wildlife may be found except in
10accordance with Section 2.37 of this Act; however, nothing in
11this Section shall prohibit the normal use of headlamps for the
12purpose of driving upon a roadway. Striped skunk, opossum, red
13fox, gray fox, raccoon, bobcat, and coyote may be taken during
14the open season by use of a small light which is worn on the
15body or hand-held by a person on foot and not in any vehicle.
16 (j) It is unlawful to use any shotgun larger than 10 gauge
17while taking or attempting to take any of the species protected
18by this Act.
19 (k) It is unlawful to use or possess in the field any
20shotgun shell loaded with a shot size larger than lead BB or
21steel T (.20 diameter) when taking or attempting to take any
22species of wild game mammals (excluding white-tailed deer),
23wild game birds, migratory waterfowl or migratory game birds
24protected by this Act, except white-tailed deer as provided for
25in Section 2.26 and other species as provided for by subsection
26(l) or administrative rule.

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1 (l) It is unlawful to take any species of wild game, except
2white-tailed deer and fur-bearing mammals, with a shotgun
3loaded with slugs unless otherwise provided for by
4administrative rule.
5 (m) It is unlawful to use any shotgun capable of holding
6more than 3 shells in the magazine or chamber combined, except
7on game breeding and hunting preserve areas licensed under
8Section 3.27 and except as permitted by the Code of Federal
9Regulations for the taking of waterfowl. If the shotgun is
10capable of holding more than 3 shells, it shall, while being
11used on an area other than a game breeding and shooting
12preserve area licensed pursuant to Section 3.27, be fitted with
13a one piece plug that is irremovable without dismantling the
14shotgun or otherwise altered to render it incapable of holding
15more than 3 shells in the magazine and chamber, combined.
16 (n) It is unlawful for any person, except persons who
17possess a permit to hunt from a vehicle as provided in this
18Section and persons otherwise permitted by law, to have or
19carry any gun in or on any vehicle, conveyance or aircraft,
20unless such gun is unloaded and enclosed in a case, except that
21at field trials authorized by Section 2.34 of this Act,
22unloaded guns or guns loaded with blank cartridges only, may be
23carried on horseback while not contained in a case, or to have
24or carry any bow or arrow device in or on any vehicle unless
25such bow or arrow device is unstrung or enclosed in a case, or
26otherwise made inoperable unless in accordance with the Firearm

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1Concealed Carry Act.
2 (o) It is unlawful to use any crossbow for the purpose of
3taking any wild birds or mammals, except as provided for in
4Section 2.5.
5 (p) It is unlawful to take game birds, migratory game birds
6or migratory waterfowl with a rifle, pistol, revolver or
7airgun.
8 (q) It is unlawful to fire a rifle, pistol, revolver or
9airgun on, over or into any waters of this State, including
10frozen waters.
11 (r) It is unlawful to discharge any gun or bow and arrow
12device along, upon, across, or from any public right-of-way or
13highway in this State.
14 (s) It is unlawful to use a silencer or other device to
15muffle or mute the sound of the explosion or report resulting
16from the firing of any gun.
17 (t) It is unlawful for any person to take or attempt to
18take any species of wildlife or parts thereof, intentionally or
19wantonly allow a dog to hunt, within or upon the land of
20another, or upon waters flowing over or standing on the land of
21another, or to knowingly shoot a gun or bow and arrow device at
22any wildlife physically on or flying over the property of
23another without first obtaining permission from the owner or
24the owner's designee. For the purposes of this Section, the
25owner's designee means anyone who the owner designates in a
26written authorization and the authorization must contain (i)

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1the legal or common description of property for such authority
2is given, (ii) the extent that the owner's designee is
3authorized to make decisions regarding who is allowed to take
4or attempt to take any species of wildlife or parts thereof,
5and (iii) the owner's notarized signature. Before enforcing
6this Section the law enforcement officer must have received
7notice from the owner or the owner's designee of a violation of
8this Section. Statements made to the law enforcement officer
9regarding this notice shall not be rendered inadmissible by the
10hearsay rule when offered for the purpose of showing the
11required notice.
12 (u) It is unlawful for any person to discharge any firearm
13for the purpose of taking any of the species protected by this
14Act, or hunt with gun or dog, or intentionally or wantonly
15allow a dog to hunt, within 300 yards of an inhabited dwelling
16without first obtaining permission from the owner or tenant,
17except that while trapping, hunting with bow and arrow, hunting
18with dog and shotgun using shot shells only, or hunting with
19shotgun using shot shells only, or providing outfitting
20services under a waterfowl outfitter permit, or on licensed
21game breeding and hunting preserve areas, as defined in Section
223.27, on federally owned and managed lands and on Department
23owned, managed, leased, or controlled lands, a 100 yard
24restriction shall apply.
25 (v) It is unlawful for any person to remove fur-bearing
26mammals from, or to move or disturb in any manner, the traps

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1owned by another person without written authorization of the
2owner to do so.
3 (w) It is unlawful for any owner of a dog to knowingly or
4wantonly allow his or her dog to pursue, harass or kill deer,
5except that nothing in this Section shall prohibit the tracking
6of wounded deer with a dog in accordance with the provisions of
7Section 2.26 of this Code.
8 (x) It is unlawful for any person to wantonly or carelessly
9injure or destroy, in any manner whatsoever, any real or
10personal property on the land of another while engaged in
11hunting or trapping thereon.
12 (y) It is unlawful to hunt wild game protected by this Act
13between one half hour after sunset and one half hour before
14sunrise, except that hunting hours between one half hour after
15sunset and one half hour before sunrise may be established by
16administrative rule for fur-bearing mammals.
17 (z) It is unlawful to take any game bird (excluding wild
18turkeys and crippled pheasants not capable of normal flight and
19otherwise irretrievable) protected by this Act when not flying.
20Nothing in this Section shall prohibit a person from carrying
21an uncased, unloaded shotgun in a boat, while in pursuit of a
22crippled migratory waterfowl that is incapable of normal
23flight, for the purpose of attempting to reduce the migratory
24waterfowl to possession, provided that the attempt is made
25immediately upon downing the migratory waterfowl and is done
26within 400 yards of the blind from which the migratory

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1waterfowl was downed. This exception shall apply only to
2migratory game birds that are not capable of normal flight.
3Migratory waterfowl that are crippled may be taken only with a
4shotgun as regulated by subsection (j) of this Section using
5shotgun shells as regulated in subsection (k) of this Section.
6 (aa) It is unlawful to use or possess any device that may
7be used for tree climbing or cutting, while hunting fur-bearing
8mammals, excluding coyotes.
9 (bb) It is unlawful for any person, except licensed game
10breeders, pursuant to Section 2.29 to import, carry into, or
11possess alive in this State any species of wildlife taken
12outside of this State, without obtaining permission to do so
13from the Director.
14 (cc) It is unlawful for any person to have in his or her
15possession any freshly killed species protected by this Act
16during the season closed for taking.
17 (dd) It is unlawful to take any species protected by this
18Act and retain it alive except as provided by administrative
19rule.
20 (ee) It is unlawful to possess any rifle while in the field
21during gun deer season except as provided in Section 2.26 and
22administrative rules.
23 (ff) It is unlawful for any person to take any species
24protected by this Act, except migratory waterfowl, during the
25gun deer hunting season in those counties open to gun deer
26hunting, unless he or she wears, when in the field, a cap and

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1upper outer garment of a solid blaze orange color, with such
2articles of clothing displaying a minimum of 400 square inches
3of blaze orange material.
4 (gg) It is unlawful during the upland game season for any
5person to take upland game with a firearm unless he or she
6wears, while in the field, a cap of solid blaze orange color.
7For purposes of this Act, upland game is defined as Bobwhite
8Quail, Hungarian Partridge, Ring-necked Pheasant, Eastern
9Cottontail and Swamp Rabbit.
10 (hh) It shall be unlawful to kill or cripple any species
11protected by this Act for which there is a bag limit without
12making a reasonable effort to retrieve such species and include
13such in the bag limit. It shall be unlawful for any person
14having control over harvested game mammals, game birds, or
15migratory game birds for which there is a bag limit to wantonly
16waste or destroy the usable meat of the game, except this shall
17not apply to wildlife taken under Sections 2.37 or 3.22 of this
18Code. For purposes of this subsection, "usable meat" means the
19breast meat of a game bird or migratory game bird and the hind
20ham and front shoulders of a game mammal. It shall be unlawful
21for any person to place, leave, dump, or abandon a wildlife
22carcass or parts of it along or upon a public right-of-way or
23highway or on public or private property, including a waterway
24or stream, without the permission of the owner or tenant. It
25shall not be unlawful to discard game meat that is determined
26to be unfit for human consumption.

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1 (ii) This Section shall apply only to those species
2protected by this Act taken within the State. Any species or
3any parts thereof, legally taken in and transported from other
4states or countries, may be possessed within the State, except
5as provided in this Section and Sections 2.35, 2.36 and 3.21.
6 (jj) (Blank).
7 (kk) Nothing contained in this Section shall prohibit the
8Director from issuing permits to paraplegics or to other
9persons with disabilities who meet the requirements set forth
10in administrative rule to shoot or hunt from a vehicle as
11provided by that rule, provided that such is otherwise in
12accord with this Act.
13 (ll) Nothing contained in this Act shall prohibit the
14taking of aquatic life protected by the Fish and Aquatic Life
15Code or birds and mammals protected by this Act, except deer
16and fur-bearing mammals, from a boat not camouflaged or
17disguised to alter its identity or to further provide a place
18of concealment and not propelled by sail or mechanical power.
19However, only shotguns not larger than 10 gauge nor smaller
20than .410 bore loaded with not more than 3 shells of a shot
21size no larger than lead BB or steel T (.20 diameter) may be
22used to take species protected by this Act.
23 (mm) Nothing contained in this Act shall prohibit the use
24of a shotgun, not larger than 10 gauge nor smaller than a 20
25gauge, with a rifled barrel.
26 (nn) It shall be unlawful to possess any species of

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1wildlife or wildlife parts taken unlawfully in Illinois, any
2other state, or any other country, whether or not the wildlife
3or wildlife parts is indigenous to Illinois. For the purposes
4of this subsection, the statute of limitations for unlawful
5possession of wildlife or wildlife parts shall not cease until
62 years after the possession has permanently ended.
7(Source: P.A. 98-119, eff. 1-1-14; 98-181, eff. 8-5-13; 98-183,
8eff. 1-1-14; 98-290, eff. 8-9-13; 98-756, eff. 7-16-14; 98-914,
9eff. 1-1-15; 99-33, eff. 1-1-16; 99-143, eff. 7-27-15; 99-642,
10eff. 7-28-16.)
11 (520 ILCS 5/2.34) (from Ch. 61, par. 2.34)
12 Sec. 2.34. Dog Trials.
13 (a) Dogs of any breed may be trained the year round in
14accordance with the provisions of this Act.
15 (b) During the periods of time when it is unlawful to take
16species protected by this Act, the only firearms which shall be
17used in the training of dogs from sunrise to sunset shall be
18pistols with blank cartridges. No other gun or ammunition may
19be in immediate possession during this time. No person or
20persons in, along with, or accompanying the dog training party,
21shall be in possession of any firearm or live ammunition,
22except pistols capable of firing only blank cartridges during
23the hours from sunset to sunrise. All organized field trials or
24training grounds approved by the Department shall be exempt
25from this provision unless in accordance with the Firearm

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1Concealed Carry Act.
2 (c) No field trial shall be held without a permit from the
3Department.
4 The following Department areas shall be designated as
5horseback field trial sites; Lee County Conservation Area, Des
6Plaines Conservation Area, Moraine View State Park, Middle Fork
7Fish and Wildlife Area, Hamilton County Conservation Area, and
8Wayne Fitzgerrell State Park. The Department shall provide and
9maintain quality wildlife habitat on these sites.
10 Field trials shall be scheduled only from September 1
11through April 30 in the Northern Zone and September 1 through
12April 15 in the Southern Zone. The Department maintains the
13authority to schedule and administer field trials. The boundary
14between the Northern Zone and the Southern Zone shall be U.S.
15Route 36. However, (i) if the opening date of the field trial
16season falls on Sunday, the season will begin on Saturday of
17that weekend; and (ii) if the closing date of the field trial
18season falls on Saturday, the season will conclude on Sunday of
19that weekend; and (iii) if during the final days of the field
20trial season a field trial organization begins a field trial
21which is subsequently interrupted due to inclement weather, the
22field trial organization may complete the trial, subject to the
23Department's approval, even though the field trial season has
24ended. The field trial organization must complete the trial on
25the first possible day or days. Field trials for the retrieving
26breeds are exempt from these field trials season provisions and

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1shall have no closed season.
2 The fee for field trials shall be established by the
3Department by rule.
4 (d) The Department is authorized to designate dog training
5areas and to grant permits for all field trials including those
6field trials where game birds reared under Section 3.23 are
7released and taken in accordance with the rules and regulations
8set forth by the Department. Applications for permits for such
9trials and training areas shall be accompanied by detailed
10information as to the date and the location of the grounds
11where such trial area or training grounds is located.
12Applicants for field trial or dog training permits must have
13the consent of the landowner prior to applying for such permit.
14Fees and other regulations will be set by administrative rule.
15 (e) All permits for designated dog training areas shall
16expire March 31st of each year.
17 (f) Permit holders for designated dog training areas must
18possess a wild game breeder's permit or a game breeding and
19hunting preserve area permit and may utilize live bird recall
20devices on such areas.
21 (g) Nothing shall prevent an individual from using a dog in
22the taking of squirrel during the open season.
23 (h) All hand reared game released and shot at field trials
24shall be properly identified with tags as provided for by this
25Act and such birds shall be banded before they are removed from
26the field trial area.

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1(Source: P.A. 86-920; 87-1051.)
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