Bill Text: IL HB4994 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the Wildlife Code. Permits the use of an airbow in hunting deer. Defines "airbow". Makes conforming changes.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB4994 Detail]
Download: Illinois-2019-HB4994-Introduced.html
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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 | Sections 2.25 and 2.26 and by adding Section 1.2a-1 as follows:
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6 | (520 ILCS 5/1.2a-1 new) | |||||||||||||||||||||||
7 | Sec. 1.2a-1. "Airbow" means a bow and arrow device that | |||||||||||||||||||||||
8 | applies 150 pounds of force in the form of compressed air to an | |||||||||||||||||||||||
9 | arrow over a 25 inch power stroke.
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10 | (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
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11 | Sec. 2.25. It shall be unlawful for any person to take deer | |||||||||||||||||||||||
12 | except (i) with
a shotgun, handgun, or muzzleloading rifle or | |||||||||||||||||||||||
13 | (ii) as provided by
administrative rule,
with a bow and arrow | |||||||||||||||||||||||
14 | or airbow , during the open season of not more than 14 days | |||||||||||||||||||||||
15 | which will
be set annually by the Director between the dates of
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16 | November 1st and December 31st, both inclusive, or a special | |||||||||||||||||||||||
17 | 3-day, youth-only season between the dates of September 1 and | |||||||||||||||||||||||
18 | October 31.
For the purposes of this Section, legal handguns | |||||||||||||||||||||||
19 | include any centerfire
handguns of .30
caliber or larger with a | |||||||||||||||||||||||
20 | minimum barrel length of 4 inches. The only legal
ammunition
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21 | for a centerfire handgun is a cartridge of .30 caliber or | |||||||||||||||||||||||
22 | larger with a
capability of at least
500 foot pounds of energy |
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1 | at the muzzle. Full metal jacket bullets may not be
used to
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2 | harvest deer.
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3 | The Department shall make administrative rules concerning | ||||||
4 | management
restrictions applicable to the firearm and bow and | ||||||
5 | arrow season.
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6 | It shall be unlawful for any person to take deer except | ||||||
7 | with a bow and
arrow or airbow during the open season for bow | ||||||
8 | and arrow set annually by the Director
between the dates of | ||||||
9 | September 1st and January 31st, both inclusive.
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10 | It shall be unlawful for any person to take deer except | ||||||
11 | with (i) a
muzzleloading rifle or (ii) bow and arrow or airbow | ||||||
12 | during the open season for
muzzleloading rifles set annually by | ||||||
13 | the Director.
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14 | The Director shall cause an administrative rule setting | ||||||
15 | forth the
prescribed rules and regulations, including bag and | ||||||
16 | possession limits and
those counties of the State where open | ||||||
17 | seasons are established, to be
published in accordance with | ||||||
18 | Sections 1.3 and 1.13 of this Act.
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19 | The Department may establish separate harvest periods for | ||||||
20 | the purpose of
managing or eradicating disease that has been | ||||||
21 | found in the deer herd. This
season shall be restricted to gun , | ||||||
22 | or bow and arrow , and airbow hunting only. The Department
shall | ||||||
23 | publicly announce, via statewide news release, the season dates | ||||||
24 | and
shooting hours, the counties and sites open to hunting, | ||||||
25 | permit requirements,
application dates, hunting rules, legal | ||||||
26 | weapons, and reporting requirements.
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1 | The Department is authorized to establish a separate | ||||||
2 | harvest period at
specific sites within the State for the | ||||||
3 | purpose of harvesting
surplus deer that cannot be taken during | ||||||
4 | the regular season provided for
the taking of deer. This season | ||||||
5 | shall be restricted to gun , or bow and
arrow , and airbow | ||||||
6 | hunting only and shall be established during the period of | ||||||
7 | September 1st
to February 15th, both inclusive. The Department | ||||||
8 | shall publish suitable
prescribed rules and regulations | ||||||
9 | established by administrative rule pertaining
to management | ||||||
10 | restrictions applicable to this special harvest program. The | ||||||
11 | Department shall allow unused gun deer permits that are left | ||||||
12 | over from a regular season for the taking of deer to be rolled | ||||||
13 | over and used during any separate harvest period held within 6 | ||||||
14 | months of the season for which those tags were issued at no | ||||||
15 | additional cost to the permit holder subject to the management | ||||||
16 | restrictions applicable to the special harvest program.
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17 | Beginning July 1, 2019, and on an annual basis thereafter, | ||||||
18 | the Department shall provide a report to the General Assembly | ||||||
19 | providing information regarding deer management programs | ||||||
20 | established by the Code or by administrative rule that | ||||||
21 | includes: (1) the number of surplus deer taken during each | ||||||
22 | separate harvest season; (2) the number of deer found to have a | ||||||
23 | communicable disease or other abnormality; and (3) what happens | ||||||
24 | to the deer taken during each separate harvest season.
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25 | (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)
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2 | (Text of Section before amendment by P.A. 101-444 )
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3 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
4 | take deer shall first obtain a "Deer
Hunting Permit" issued by | ||||||
5 | the Department in accordance with its administrative rules.
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6 | Those rules must provide for the issuance of the following | ||||||
7 | types of resident deer archery permits: (i) a combination | ||||||
8 | permit, consisting of one either-sex permit and one | ||||||
9 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
10 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
11 | Hunting Permit to take deer with either bow and arrow or gun
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12 | shall not exceed $25.00 for residents of the State. The | ||||||
13 | Department may by
administrative rule provide for non-resident | ||||||
14 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
15 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
16 | provided below for non-resident landowners
and non-resident | ||||||
17 | archery hunters. The Department may by
administrative rule | ||||||
18 | provide for a non-resident archery deer permit consisting
of | ||||||
19 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
20 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
21 | fees for a youth resident and non-resident archery deer permit | ||||||
22 | shall be the same.
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23 | The standards and specifications for use of guns and bow | ||||||
24 | and arrow for
deer hunting shall be established by | ||||||
25 | administrative rule.
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26 | No person may have in his or her possession any firearm not |
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1 | authorized by
administrative rule for a specific hunting season | ||||||
2 | when taking deer.
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3 | Persons having a firearm deer hunting permit shall be | ||||||
4 | permitted to
take deer only during the period from 1/2 hour | ||||||
5 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
6 | days for which an open season is
established for the taking of | ||||||
7 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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8 | Persons having an archery deer hunting permit shall be | ||||||
9 | permitted to
take deer only during the period from 1/2 hour | ||||||
10 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
11 | days for which an open season is
established for the taking of | ||||||
12 | deer by use of bow and arrow.
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13 | It shall be unlawful for any person to take deer by use of | ||||||
14 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
15 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
16 | of this Section, "bait" means any material, whether liquid or | ||||||
17 | solid, including food, salt, minerals, and other products, | ||||||
18 | except pure water, that can be ingested, placed, or scattered | ||||||
19 | in such a manner as to attract or lure white-tailed deer. | ||||||
20 | "Baiting" means the placement or scattering of bait to attract | ||||||
21 | deer. An area is considered as baited during the presence
of | ||||||
22 | and for 10 consecutive days following the removal of bait. | ||||||
23 | Nothing in this Section shall prohibit the use of a dog to | ||||||
24 | track wounded deer. Any person using a dog for tracking wounded | ||||||
25 | deer must maintain physical control of the dog at all times by | ||||||
26 | means of a maximum 50 foot lead attached to the dog's collar or |
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1 | harness. Tracking wounded deer is permissible at night, but at | ||||||
2 | no time outside of legal deer hunting hours or seasons shall | ||||||
3 | any person handling or accompanying a dog being used for | ||||||
4 | tracking wounded deer be in possession of any firearm or | ||||||
5 | archery device. Persons tracking wounded deer with a dog during | ||||||
6 | the firearm deer seasons shall wear blaze orange or solid blaze | ||||||
7 | pink color as required. Dog handlers tracking wounded deer with | ||||||
8 | a dog are exempt from hunting license and deer permit | ||||||
9 | requirements so long as they are accompanied by the licensed | ||||||
10 | deer hunter who wounded the deer.
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11 | It shall be unlawful to possess or transport any wild deer | ||||||
12 | which has
been injured or killed in any manner upon a public | ||||||
13 | highway or public
right-of-way of this State unless exempted by | ||||||
14 | administrative rule.
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15 | Persons hunting deer must have gun unloaded and no bow and | ||||||
16 | arrow
device shall be carried with the arrow in the nocked | ||||||
17 | position during
hours when deer hunting is unlawful.
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18 | It shall be unlawful for any person, having taken the legal | ||||||
19 | limit of
deer by gun, to further participate with gun in any | ||||||
20 | deer hunting party.
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21 | It shall be unlawful for any person, having taken the legal | ||||||
22 | limit
of deer by bow and arrow, to further participate with bow | ||||||
23 | and arrow in any
deer hunting party.
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24 | The Department may prohibit upland game hunting during the | ||||||
25 | gun deer
season by administrative rule.
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26 | The Department shall not limit the number of non-resident, |
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1 | either-sex archery deer hunting permits to less than 20,000.
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2 | Any person who violates any of the provisions of this | ||||||
3 | Section,
including administrative rules, shall be guilty of a | ||||||
4 | Class B misdemeanor.
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5 | For the purposes of calculating acreage under this Section, | ||||||
6 | the Department shall, after determining the total acreage of | ||||||
7 | the applicable tract or tracts of land, round remaining | ||||||
8 | fractional portions of an acre greater than or equal to half of | ||||||
9 | an acre up to the next whole acre. | ||||||
10 | For the purposes of taking white-tailed deer, nothing in | ||||||
11 | this Section shall be construed to prevent the manipulation, | ||||||
12 | including mowing or cutting, of standing crops as a normal | ||||||
13 | agricultural or soil stabilization practice, food plots, or | ||||||
14 | normal agricultural practices, including planting, harvesting, | ||||||
15 | and maintenance such as cultivating or the use of products | ||||||
16 | designed for scent only and not capable of ingestion, solid or | ||||||
17 | liquid, placed or scattered, in such a manner as to attract or | ||||||
18 | lure deer. Such manipulation for the purpose of taking | ||||||
19 | white-tailed deer may be further modified by administrative | ||||||
20 | rule. | ||||||
21 | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||||||
22 | 101-81, eff. 7-12-19.)
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23 | (Text of Section after amendment by P.A. 101-444 )
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24 | Sec. 2.26. Deer hunting permits. Any person attempting to | ||||||
25 | take deer shall first obtain a "Deer
Hunting Permit" issued by |
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1 | the Department in accordance with its administrative rules.
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2 | Those rules must provide for the issuance of the following | ||||||
3 | types of resident deer archery permits: (i) a combination | ||||||
4 | permit, consisting of one either-sex permit and one | ||||||
5 | antlerless-only permit, (ii) a single antlerless-only permit, | ||||||
6 | and (iii) a single either-sex permit. The fee for a Deer | ||||||
7 | Hunting Permit to take deer with either bow and arrow , airbow, | ||||||
8 | or gun
shall not exceed $25.00 for residents of the State. The | ||||||
9 | Department may by
administrative rule provide for non-resident | ||||||
10 | deer hunting permits for which the
fee will not exceed $300 in | ||||||
11 | 2005, $350 in 2006, and $400 in 2007 and thereafter except as | ||||||
12 | provided below for non-resident landowners
and non-resident | ||||||
13 | archery hunters. The Department may by
administrative rule | ||||||
14 | provide for a non-resident archery deer permit consisting
of | ||||||
15 | not more than 2 harvest tags at a total cost not to exceed $325 | ||||||
16 | in 2005, $375 in 2006, and $425 in 2007 and thereafter.
The | ||||||
17 | fees for a youth resident and non-resident archery deer permit | ||||||
18 | shall be the same.
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19 | The Department shall create a pilot program during the | ||||||
20 | special 3-day, youth-only deer hunting season to allow for | ||||||
21 | youth deer hunting permits that are valid statewide, excluding | ||||||
22 | those counties or portions of counties closed to firearm deer | ||||||
23 | hunting. The Department shall adopt rules to implement the | ||||||
24 | pilot program. Nothing in this paragraph shall be construed to | ||||||
25 | prohibit the Department from issuing Special Hunt Area Permits | ||||||
26 | for the youth-only deer hunting season or establishing, through |
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1 | administrative rule, additional requirements pertaining to the | ||||||
2 | youth-only deer hunting season on Department-owned or | ||||||
3 | Department-managed sites, including site-specific quotas or | ||||||
4 | drawings. The provisions of this paragraph are inoperative on | ||||||
5 | and after January 1, 2023. | ||||||
6 | The standards and specifications for use of guns , and bow | ||||||
7 | and arrow , and airbow for
deer hunting shall be established by | ||||||
8 | administrative rule.
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9 | No person may have in his or her possession any firearm not | ||||||
10 | authorized by
administrative rule for a specific hunting season | ||||||
11 | when taking deer.
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12 | Persons having a firearm 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 shotgun, handgun, or muzzle
loading
rifle.
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17 | Persons having an archery deer hunting permit shall be | ||||||
18 | permitted to
take deer only during the period from 1/2 hour | ||||||
19 | before sunrise to 1/2 hour
after sunset, and only during those | ||||||
20 | days for which an open season is
established for the taking of | ||||||
21 | deer by use of bow and arrow or airbow .
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22 | It shall be unlawful for any person to take deer by use of | ||||||
23 | dogs,
horses, automobiles, aircraft or other vehicles, or by | ||||||
24 | the use
or aid of bait or baiting of any kind. For the purposes | ||||||
25 | of this Section, "bait" means any material, whether liquid or | ||||||
26 | solid, including food, salt, minerals, and other products, |
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1 | except pure water, that can be ingested, placed, or scattered | ||||||
2 | in such a manner as to attract or lure white-tailed deer. | ||||||
3 | "Baiting" means the placement or scattering of bait to attract | ||||||
4 | deer. An area is considered as baited during the presence
of | ||||||
5 | and for 10 consecutive days following the removal of bait. | ||||||
6 | Nothing in this Section shall prohibit the use of a dog to | ||||||
7 | track wounded deer. Any person using a dog for tracking wounded | ||||||
8 | deer must maintain physical control of the dog at all times by | ||||||
9 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
10 | harness. Tracking wounded deer is permissible at night, but at | ||||||
11 | no time outside of legal deer hunting hours or seasons shall | ||||||
12 | any person handling or accompanying a dog being used for | ||||||
13 | tracking wounded deer be in possession of any firearm or | ||||||
14 | archery device. Persons tracking wounded deer with a dog during | ||||||
15 | the firearm deer seasons shall wear blaze orange or solid blaze | ||||||
16 | pink color as required. Dog handlers tracking wounded deer with | ||||||
17 | a dog are exempt from hunting license and deer permit | ||||||
18 | requirements so long as they are accompanied by the licensed | ||||||
19 | deer hunter who wounded the deer.
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20 | It shall be unlawful to possess or transport any wild deer | ||||||
21 | which has
been injured or killed in any manner upon a public | ||||||
22 | highway or public
right-of-way of this State unless exempted by | ||||||
23 | administrative rule.
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24 | Persons hunting deer must have gun unloaded and no bow and | ||||||
25 | arrow
device , including an airbow, shall be carried with the | ||||||
26 | arrow in the nocked position during
hours when deer hunting is |
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1 | unlawful.
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2 | It shall be unlawful for any person, having taken the legal | ||||||
3 | limit of
deer by gun, to further participate with gun in any | ||||||
4 | deer hunting party.
| ||||||
5 | It shall be unlawful for any person, having taken the legal | ||||||
6 | limit
of deer by bow and arrow or airbow , to further | ||||||
7 | participate with bow and arrow or airbow in any
deer hunting | ||||||
8 | party.
| ||||||
9 | The Department may prohibit upland game hunting during the | ||||||
10 | gun deer
season by administrative rule.
| ||||||
11 | The Department shall not limit the number of non-resident, | ||||||
12 | either-sex archery deer hunting permits to less than 20,000.
| ||||||
13 | Any person who violates any of the provisions of this | ||||||
14 | Section,
including administrative rules, shall be guilty of a | ||||||
15 | Class B misdemeanor.
| ||||||
16 | For the purposes of calculating acreage under this Section, | ||||||
17 | the Department shall, after determining the total acreage of | ||||||
18 | the applicable tract or tracts of land, round remaining | ||||||
19 | fractional portions of an acre greater than or equal to half of | ||||||
20 | an acre up to the next whole acre. | ||||||
21 | For the purposes of taking white-tailed deer, nothing in | ||||||
22 | this Section shall be construed to prevent the manipulation, | ||||||
23 | including mowing or cutting, of standing crops as a normal | ||||||
24 | agricultural or soil stabilization practice, food plots, or | ||||||
25 | normal agricultural practices, including planting, harvesting, | ||||||
26 | and maintenance such as cultivating or the use of products |
| |||||||
| |||||||
1 | designed for scent only and not capable of ingestion, solid or | ||||||
2 | liquid, placed or scattered, in such a manner as to attract or | ||||||
3 | lure deer. Such manipulation for the purpose of taking | ||||||
4 | white-tailed deer may be further modified by administrative | ||||||
5 | rule. | ||||||
6 | (Source: P.A. 100-691, eff. 1-1-19; 100-949, eff. 1-1-19; | ||||||
7 | 101-81, eff. 7-12-19; 101-444, eff. 6-1-20.)
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8 | Section 95. No acceleration or delay. Where this Act makes | ||||||
9 | changes in a statute that is represented in this Act by text | ||||||
10 | that is not yet or no longer in effect (for example, a Section | ||||||
11 | represented by multiple versions), the use of that text does | ||||||
12 | not accelerate or delay the taking effect of (i) the changes | ||||||
13 | made by this Act or (ii) provisions derived from any other | ||||||
14 | Public Act.
|