SB0710 Engrossed LRB104 07008 BAB 17045 b
1		AN ACT concerning regulation.
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 2.26, 2.37, and 3.1-6 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
8		take deer shall first obtain a "Deer Hunting Permit" issued by
9		the Department in accordance with its administrative rules.
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
16		shall not exceed $25 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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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.
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. The Department shall adopt rules to implement the
9		pilot program. Hunters qualifying to participate in a
10		youth-only deer season shall be eligible for one either-sex
11		permit and one antlerless-only permit. Nothing in this
12		paragraph shall be construed to prohibit the Department from
13		issuing Special Hunt Area Permits for the youth-only deer
14		hunting season or establishing, through administrative rule,
15		additional requirements pertaining to the youth-only deer
16		hunting season on Department-owned or Department-managed
17		sites, including site-specific quotas or drawings. The
18		provisions of this paragraph are inoperative on and after
19		January 1, 2023.
20		The standards and specifications for use of guns and bow
21		and arrow for deer hunting shall be established by
22		administrative rule.
23		No person may have in his or her possession any firearm not
24		authorized by administrative rule for a specific hunting
25		season when taking deer unless in accordance with the Firearm
26		Concealed Carry Act.

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1		Persons having a firearm deer hunting permit shall be
2		permitted to take deer only during the period from 1/2 hour
3		before sunrise to 1/2 hour after sunset, and only during those
4		days for which an open season is established for the taking of
5		deer by use of shotgun, handgun, rifle, or muzzle loading
6		rifle.
7		Persons having an archery 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 bow and arrow.
12		It shall be unlawful for any person to take deer by use of
13		dogs, horses, automobiles, aircraft, or other vehicles, or by
14		the use or aid of bait or baiting of any kind. For the purposes
15		of this Section, "bait" means any material, whether liquid or
16		solid, including food, salt, minerals, and other products,
17		except pure water, that can be ingested, placed, or scattered
18		in such a manner as to attract or lure white-tailed deer.
19		"Baiting" means the placement or scattering of bait to attract
20		deer. An area is considered as baited during the presence of
21		and for 10 consecutive days following the removal of bait.
22		Nothing in this Section shall prohibit the use of a dog to
23		track wounded deer. Any person using a dog for tracking
24		wounded deer must maintain physical control of the dog at all
25		times by means of a maximum 50-foot 50 foot lead attached to
26		the dog's collar or harness. Tracking wounded deer is

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1		permissible at night, but at no time outside of legal deer
2		hunting hours or seasons shall any person handling or
3		accompanying a dog being used for tracking wounded deer be in
4		possession of any firearm or archery device. Persons tracking
5		wounded deer with a dog during the firearm deer seasons shall
6		wear blaze orange or solid blaze pink color as required. Dog
7		handlers tracking wounded deer with a dog are exempt from
8		hunting license and deer permit requirements so long as they
9		are accompanied by the licensed deer hunter who wounded the
10		deer.
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
14		by administrative rule.
15		Persons hunting deer must have the gun unloaded and no bow
16		and arrow device shall be carried with the arrow in the nocked
17		position during hours when deer hunting is unlawful.
18		It shall be unlawful for any person, having taken the
19		legal limit of deer by gun, to further participate with a gun
20		in any deer hunting party.
21		It shall be unlawful for any person, having taken the
22		legal limit of deer by bow and arrow, to further participate
23		with bow and arrow in any deer hunting party.
24		The Department may prohibit upland game hunting during the
25		gun deer season by administrative rule.
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.
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.
5		For the purposes of calculating acreage under this
6		Section, the Department shall, after determining the total
7		acreage of the applicable tract or tracts of land, round
8		remaining fractional portions of an acre greater than or equal
9		to half of 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. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20;
22		102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
23		(520 ILCS 5/2.37)    (from Ch. 61, par. 2.37)
24		Sec. 2.37. Authority to kill wildlife responsible for
25		damage.

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1		(a) Subject to federal regulations and Section 3 of the
2		Illinois Endangered Species Protection Act, the Department may
3		authorize owners and tenants of lands or their agents, who are
4		performing the service without fee or compensation, to remove
5		or destroy any wild bird or wild mammal when the wild bird or
6		wild mammal is known to be destroying property or causing a
7		risk to human health or safety upon his or her land.
8		Upon receipt by the Department of information from the
9		owner, tenant, or sharecropper that any one or more species of
10		wildlife is damaging dams, levees, ditches, cattle pastures,
11		or other property on the land on which he resides or controls,
12		together with a statement regarding location of the property
13		damages, the nature and extent of the damage, and the
14		particular species of wildlife committing the damage, the
15		Department shall make an investigation.
16		If, after investigation, the Department finds that damage
17		or risk to human safety does exist and can be abated only by
18		removing or destroying that wildlife, a permit shall be issued
19		by the Department to remove or destroy the species responsible
20		for causing the damage.
21		A permit to control the damage shall be for a period set by
22		administrative rule of up to 90 days, shall specify the means
23		and methods by which and the person or persons by whom the
24		wildlife may be removed or destroyed, without fee or
25		compensation for the initial permits issued to a landowner or
26		tenant, and shall set forth the disposition procedure to be

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1		made of all wildlife taken and other restrictions the Director
2		considers necessary and appropriate in the circumstances of
3		the particular case. Whenever possible, the specimens
4		destroyed shall be given to a bona fide public or State
5		scientific, educational, or zoological institution.
6		The permittee shall advise the Department in writing, as
7		set by administrative rule within 10 days after the expiration
8		date of the permit, of the number of individual species of
9		wildlife taken, disposition made of them, and any other
10		information which the Department may consider necessary.
11		The Department shall adopt rules establishing: (i)
12		procedures and criteria for issuance; (ii) timeline for
13		issuance of permits; (iii) method of take; (iv) disposition of
14		remains; (v) reporting; (vi) evaluation of damage; (vii) cost;
15		(viii) suspension or revocation of permits; (ix) denial of
16		permits; and (x) renewal of permits issued under this Section.
17		The Department shall adopt rules that allow landowners to have
18		other individuals, that meet all requirements set forth in
19		this Act, destroy deer authorized under permits issued to that
20		landowner under this Section. The Department shall adopt rules
21		allowing the automatic issuance of additional antlerless-only
22		permits during the regular firearm or archery season of that
23		year if a landowner demonstrates proof of successfully
24		harvesting 50% of the permits issued from a permit issued
25		under this Section to destroy deer in that same calendar year.
26		The Department shall adopt rules allowing the automatic

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1		eligibility for additional permits to be issued in the
2		following calendar year for use between June 1 through
3		September 15 if a landowner demonstrates proof of harvesting
4		80% of the permits that were issued under this Section that
5		were issued to the landowner for the previous year's regular
6		firearm and archery deer hunting seasons.
7		(b) Subject to federal regulations and Section 3 of the
8		Illinois Endangered Species Protection Act, the Department may
9		grant the authority to control species protected by this Code
10		pursuant to the issuance of a Nuisance Wildlife Control Permit
11		to:
12		(1) any person who is providing such service or
13		solicits customers for themselves or on behalf of a
14		nuisance wildlife control permit holder for a fee or
15		compensation;
16		(2) a governmental body; or
17		(3) a nonprofit or other charitable organization.
18		The Department shall set forth applicable regulations in
19		an Administrative rule Order and may require periodic reports
20		listing species taken, numbers of each species taken, dates
21		when taken, and other pertinent information.
22		Any person operating under a Nuisance Wildlife Control
23		Permit who subcontracts the operation of nuisance wildlife
24		control to another shall ensure that such subcontractor
25		possesses a valid Nuisance Wildlife Control Permit issued by
26		the Department. The person must maintain a record of the

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1		subcontractor including the subcontractor's name, address, and
2		phone number, and type of work to be performed, for a period of
3		not less than 2 years from the date the subcontractor is no
4		longer performing services on behalf of the person. The
5		records shall be presented to an authorized employee of the
6		Department or law enforcement officer upon request for
7		inspection.
8		Any person operating without the required permit as
9		outlined under this subsection (b) or in violation of this
10		subsection (b) is deemed to be taking, attempting to take,
11		disturbing, or harassing wildlife contrary to the provisions
12		of this Code, including the taking or attempting to take such
13		species for commercial purposes as outlined in Sections 2.36
14		and 2.36a of this Code. Any devices and equipment, including
15		vehicles, used in violation of this subsection (b) may be
16		subject to the provisions of Section 1.25 of this Code.
17		Any person properly permitted and operating under the
18		provisions of this subsection is exempt from the provisions of
19		this Act except as limited by administrative rule adopted by
20		the Department.
21		(c) The location of traps or snares authorized under this
22		Section, either by the Department or any other governmental
23		body with the authority to control species protected by this
24		Code, shall be exempt from the provisions of the Freedom of
25		Information Act.
26		(d) A drainage district or road district or the designee

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1		of a drainage district or road district shall be exempt from
2		the requirement to obtain a permit to control nuisance
3		muskrats or beavers if all applicable provisions for licenses
4		are complied with and any trap types and sizes used are in
5		compliance with this Code, including marking or
6		identification. The designee of a drainage district or road
7		district must have a signed and dated written authorization
8		from the drainage district or road district in possession at
9		all times when conducting activities under this Section. This
10		exemption from obtaining a permit shall be valid only upon
11		property owned, leased, or controlled by the drainage district
12		or road district. For the purposes of this Section, "road
13		district" includes a township road district.
14		(e) The Department shall make available on its website the
15		current and relevant information, criteria, and directions to
16		the public for permits issued under this Section.
17		(Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23;
18		103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff.
19		1-1-25.)
20		(520 ILCS 5/3.1-6)
21		Sec. 3.1-6. Landowner or tenant Special deer and , turkey,
22		and combination hunting permits licenses.
23		(a) For the purpose of this Section:
24		"Bona fide current income beneficiary" means an individual
25		who, at the time of application for a permit, is:

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1		(1) entitled to income, whether income exists or not,
2		from the trust that owns Illinois land on which the
3		applicant wishes to hunt with no condition precedent, such
4		as surviving another person or reaching a certain age,
5		other than the trustee distributing the income; and
6		(2) listed by name in the trust documents as an income
7		beneficiary.
8		"Bona fide equity member" means an individual who:
9		(1) (i) became a member upon the formation of the
10		limited liability company or (ii) has purchased a
11		distributional interest in a limited liability company for
12		a value equal to the percentage of the appraised value of
13		the LLC assets represented by the distributional interest
14		in the LLC and subsequently becomes a member of the
15		company under Article 30 of the Limited Liability Company
16		Act; and
17		(2) intends to retain the membership for at least 5
18		years.
19		"Bona fide equity partner" means an individual who:
20		(1) (i) became a partner, either general or limited,
21		upon the formation of a partnership or limited
22		partnership, or (ii) has purchased, acquired, or been
23		gifted a partnership interest accurately representing his
24		or her percentage distributional interest in the profits,
25		losses, and assets of a partnership or limited
26		partnership;

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1		(2) intends to retain ownership of the partnership
2		interest for at least 5 years; and
3		(3) is a resident of this State.
4		"Bona fide equity shareholder" means an individual who:
5		(1) purchased, for market price, publicly sold stock
6		shares in a corporation, purchased shares of a
7		privately-held corporation for a value equal to the
8		percentage of the appraised value of the corporate assets
9		represented by the ownership in the corporation, or is a
10		member of a closely-held family-owned corporation and has
11		purchased or been gifted with shares of stock in the
12		corporation accurately reflecting his or her percentage of
13		ownership; and
14		(2) intends to retain the ownership of the shares of
15		stock for at least 5 years.
16		"Current owners" means one or more bona fide landowners,
17		one or more bona fide current income beneficiaries, one or
18		more bona fide equity shareholders of a corporation, one or
19		more bona fide equity members of a limited liability company,
20		or one or more bona fide equity partners of a partnership that
21		all own the same 240 acres of Illinois land.
22		"Immediate family of a bona fide landowner, tenant, or a
23		bona fide current income beneficiary" means the spouse,
24		children, brothers, sisters, grandchildren, grandparents, and
25		parents permanently residing on the same property as the bona
26		fide landowner, tenant, or bona fide current income

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1		beneficiary.
2		"Tenant" means a person who rents 40 acres or more of
3		Illinois land for commercial agricultural purposes under a
4		written notarized agreement with the landowner.
5		(b) Landowner deer and turkey Deer, Turkey, and
6		combination permits shall be issued without charge to an
7		Illinois resident that owns at least 40 acres of Illinois land
8		and that wishes to hunt only on the land that Illinois resident
9		owns. Deer permits issued under this Section shall consist of
10		one either-sex permit and one antlerless-only permit for the
11		deer firearm season and one either-sex permit and one
12		antlerless-only permit for the archery deer season. Land
13		ownership shall only be accepted by the Department for:
14		(1) bona fide Illinois landowners residing in this
15		State who own at least 40 acres of Illinois land and wish
16		to hunt upon their land only;
17		(2) bona fide current income beneficiaries of a trust
18		in which the trust owns Illinois land resident tenants of
19		at least 40 acres of commercial agricultural land where
20		they will hunt; and
21		(3) bona fide equity shareholders of a corporation,
22		bona fide equity members of a limited liability company,
23		or bona fide equity partners of a general or limited
24		partnership which owns at least 40 acres of land in a
25		county in this State who wish to hunt on the
26		corporation's, company's, or partnership's land only. One

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1		permit shall be issued without charge to one bona fide
2		equity shareholder, one bona fide equity member, or one
3		bona fide equity partner for each 40 acres of land owned by
4		the corporation, company, or partnership in a county;
5		however, the number of permits issued without charge to
6		bona fide equity shareholders of any corporation or bona
7		fide equity members of a limited liability company in any
8		county shall not exceed 15, and shall not exceed 3 in the
9		case of bona fide equity partners of a partnership.
10		(b-5) Tenant deer and turkey permits shall be issued
11		without charge to Illinois resident tenants of at least 40
12		acres of commercial agricultural land that wish to hunt only
13		on the land of which they are resident tenants. Deer permits
14		issued under this Section shall consist of (i) one either-sex
15		permit and one antlerless-only permit for the deer firearm
16		season and (ii) one either-sex permit and one antlerless-only
17		permit for the archery deer season.
18		(b-10) The total number of deer or turkey permits that may
19		be issued to a person under this Section shall be established
20		by administrative rule.
21		(b-15) Bona fide landowners or tenants who do not wish to
22		hunt only on the land they own, tenants who do not wish to hunt
23		only on the land they rent, or lease, or bona fide equity
24		shareholders, bona fide equity members, bona fide current
25		income beneficiaries of a trust, or bona fide equity partners
26		who do not wish to hunt only on the land owned by the

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1		corporation, limited liability company, trust, or partnership
2		shall be charged the same fee as the applicant who is not a
3		bona fide landowner, Illinois resident tenant, bona fide
4		equity shareholder, bona fide equity member, bona fide current
5		income beneficiary of a trust, or bona fide equity partner.
6		Nonresidents of this State who own at least 40 acres of land as
7		a bona fide landowner, a bona fide current income beneficiary
8		of a trust, a bona fide equity shareholder, or a bona fide
9		equity member and wish to hunt on their land only shall be
10		charged a fee set by administrative rule. The method for
11		obtaining these permits shall be prescribed by administrative
12		rule.
13		(c) A deer or turkey The deer, turkey, or combination
14		hunting permit issued without fee shall be valid on all
15		Illinois farm lands which the person to whom it is issued owns,
16		including land owned by the individual as a bona fide
17		landowner, land owned as a bona fide equity shareholder of a
18		corporation, land owned by the individual as a bona fide
19		equity member of a limited liability company, and land owned
20		by the individual as a bona fide equity partner of a
21		partnership.
22		(d) Except for a person hunting under a permit issued
23		under subsection (e) or (f), while hunting under a permit
24		issued under this Section, a person must carry the permit and
25		documentation showing proof of that the person is a bona fide
26		landowner, a bona fide equity shareholder of a corporation, a

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1		bona fide equity member of a limited liability company, a bona
2		fide current income beneficiary, a bona fide equity partners
3		of a general or limited partnership, or a tenant. While
4		hunting under a permit issued under subsection (e) or (f), a
5		person must carry the permit and documentation showing that
6		the person is actively hunting on land covered by the permit.
7		(e) The Department may, by administrative rule, issue
8		permits under this Section to the immediate family of a bona
9		fide landowner, a bona fide current income beneficiary, or
10		tenant.
11		(f) For every 240 acres of Illinois land owned by the
12		current owners, the Department may issue one guest either-sex
13		deer permit and one guest antlerless-only deer permit. The
14		guest permits shall be for the same deer hunting season and for
15		the same method of take as issued to the current owner. A guest
16		permit shall be issued to an individual who is not a current
17		owner and is listed on the application for the issuance of
18		guest deer hunting permits by a current owner. An individual
19		designated by a current owner must meet all the eligibility
20		requirements to hunt under this Code and shall pay all fees
21		required under Section 2.26 for the permits issued, including
22		non-resident fees if that individual is a non-resident.
23		Permits issued under this subsection may not be offered for
24		resale by the landowner receiving the permit and are
25		nontransferable. No more than 5 individuals, regardless of
26		total number of 240 acres of Illinois land owned by the current

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1		owners, may be issued guest permits under this subsection.
2		(g) The Department may adopt rules to administer and
3		enforce this Section, including, but not limited to,
4		application requirements, proof of ownership requirements,
5		proof of residency requirements, eligibility requirements,
6		restrictions, and suspension and revocation of permits.
7		(h) No person shall be issued more than (i) one either-sex
8		permit and one antlerless-only permit for the deer firearm
9		season and (ii) one either-sex permit and one antlerless-only
10		permit for the deer archery season under this Section leases
11		or rents, except that in the case of a permit issued to a bona
12		fide equity shareholder, bona fide equity member, or bona fide
13		equity partner, the permit shall be valid on all lands owned by
14		the corporation, limited liability company, or partnership in
15		the county.
16		(Source: P.A. 99-869, eff. 1-1-17.)
17		Section 99. Effective date. This Act takes effect on
18		January 1, 2026, except that the changes to Section 3.1-6 of
19		the Wildlife Code take effect on January 1, 2027.