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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 Section | |||||||||||||||||||
5 | 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. In this Section,
"bona | |||||||||||||||||||
8 | fide equity shareholder" means an individual who (1) purchased, | |||||||||||||||||||
9 | for
market price, publicly sold stock shares in a corporation,
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10 | purchased shares of a privately-held corporation for a value
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11 | equal to the percentage of the appraised value of the corporate | |||||||||||||||||||
12 | assets
represented by the ownership in the corporation, or is a | |||||||||||||||||||
13 | member of a
closely-held family-owned corporation and has | |||||||||||||||||||
14 | purchased or been gifted with
shares of stock in the | |||||||||||||||||||
15 | corporation accurately reflecting his or her
percentage of | |||||||||||||||||||
16 | ownership and (2) intends to retain the ownership of the
shares | |||||||||||||||||||
17 | of stock for at least 5 years.
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18 | In this Section, "bona fide equity member" means an | |||||||||||||||||||
19 | individual who (1) (i)
became a member
upon
the formation of | |||||||||||||||||||
20 | the limited liability company or (ii) has purchased a
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21 | distributional interest in a limited liability company for a | |||||||||||||||||||
22 | value equal to the
percentage of the appraised value of the LLC | |||||||||||||||||||
23 | assets represented by the
distributional interest in the LLC |
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1 | and subsequently becomes a member of the
company
pursuant to | ||||||
2 | Article 30 of the Limited Liability Company Act and who (2)
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3 | intends to retain the membership for at least 5 years.
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4 | In this Section, "bona fide equity partner" means an | ||||||
5 | individual who (1) (i) became a partner, either general or | ||||||
6 | limited, upon the formation of a partnership or limited | ||||||
7 | partnership, or (ii) has purchased, acquired, or been gifted a | ||||||
8 | partnership interest accurately representing his or her | ||||||
9 | percentage distributional interest in the profits, losses, and | ||||||
10 | assets of a partnership or limited partnership, (2) intends to | ||||||
11 | retain ownership of the partnership interest for at least 5 | ||||||
12 | years, and (3) is a resident of Illinois.
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13 | Any person attempting to take deer shall first obtain a | ||||||
14 | "Deer
Hunting Permit" issued by the Department in accordance | ||||||
15 | with its administrative rules.
Those rules must provide for the | ||||||
16 | issuance of the following types of resident deer archery | ||||||
17 | permits: (i) a combination permit, consisting of one either-sex | ||||||
18 | permit and one antlerless-only permit, (ii) a single | ||||||
19 | antlerless-only permit, and (iii) a single either-sex permit. | ||||||
20 | The fee for a Deer Hunting Permit to take deer with either bow | ||||||
21 | and arrow or gun
shall not exceed $25.00 for residents of the | ||||||
22 | State. The Department may by
administrative rule provide for | ||||||
23 | non-resident deer hunting permits for which the
fee will not | ||||||
24 | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | ||||||
25 | thereafter except as provided below for non-resident | ||||||
26 | landowners
and non-resident archery hunters. The Department |
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1 | may by
administrative rule provide for a non-resident archery | ||||||
2 | deer permit consisting
of not more than 2 harvest tags at a | ||||||
3 | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | ||||||
4 | in 2007 and thereafter.
Permits shall be issued without charge | ||||||
5 | to:
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6 | (a) Illinois landowners residing in Illinois who own at | ||||||
7 | least 40 acres of
Illinois land and wish to hunt their land | ||||||
8 | only,
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9 | (b) resident tenants of at least 40 acres of commercial | ||||||
10 | agricultural land
where they will hunt, and
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11 | (c) Bona fide equity shareholders of a corporation,
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12 | bona fide
equity
members of a limited liability
company, or | ||||||
13 | bona fide equity partners of a general or limited | ||||||
14 | partnership
which owns at least 40 acres of land
in a | ||||||
15 | county in Illinois who wish to hunt on the corporation's, | ||||||
16 | company's, or partnership's land only.
One permit shall be | ||||||
17 | issued without charge to one bona fide equity
shareholder, | ||||||
18 | one bona fide equity member, or one bona fide equity | ||||||
19 | partner for each 40
acres of land owned by the corporation, | ||||||
20 | company, or partnership in
a county; however, the number of
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21 | permits issued without charge to bona fide equity | ||||||
22 | shareholders of any
corporation or bona fide equity members
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23 | of a limited
liability company in any
county shall not | ||||||
24 | exceed 15, and shall not exceed 3 in the case of bona fide | ||||||
25 | equity partners of a partnership.
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26 | Bona fide landowners or tenants who do not wish to hunt |
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1 | only on the land
they own, rent, or lease or bona fide equity | ||||||
2 | shareholders, bona fide
equity
members, or bona fide equity | ||||||
3 | partners who do not wish to hunt
only on the
land owned by the | ||||||
4 | corporation, limited liability company, or partnership
shall | ||||||
5 | be
charged the same fee as the
applicant who is not a | ||||||
6 | landowner, tenant, bona fide equity
shareholder,
bona fide | ||||||
7 | equity member, or bona fide equity partner. Nonresidents
of
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8 | Illinois who own at least 40 acres of land and wish to hunt on | ||||||
9 | their land only
shall be charged a fee set by administrative | ||||||
10 | rule. The method for
obtaining these permits shall be | ||||||
11 | prescribed by administrative rule.
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12 | The deer hunting permit issued without fee shall be valid | ||||||
13 | on
all farm lands which the person to whom it is issued owns, | ||||||
14 | leases or rents,
except that in the case of a permit issued to | ||||||
15 | a bona fide equity
shareholder, bona fide equity member, or | ||||||
16 | bona fide equity partner, the
permit shall
be valid on all | ||||||
17 | lands owned by the corporation, limited liability
company, or | ||||||
18 | partnership in the county.
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19 | The standards and specifications for use of guns and bow | ||||||
20 | and arrow for
deer hunting shall be established by | ||||||
21 | administrative rule.
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22 | No person may have in his or her possession any firearm not | ||||||
23 | authorized by
administrative rule for a specific hunting season | ||||||
24 | when taking deer. However, a person with a valid concealed | ||||||
25 | carry license issued under the Firearm Concealed Carry Act, or | ||||||
26 | an off-duty law enforcement official or officer, may carry a |
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1 | handgun on or about his or her person while hunting deer.
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2 | Persons having a firearm deer hunting permit shall be | ||||||
3 | permitted to
take deer only during the period from 1/2 hour | ||||||
4 | before sunrise to
1/2 hour after sunset, and only during those | ||||||
5 | days for which an open season is
established for the taking of | ||||||
6 | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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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.
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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 wounded | ||||||
24 | deer must maintain physical control of the dog at all times by | ||||||
25 | means of a maximum 50 foot lead attached to the dog's collar or | ||||||
26 | harness. Tracking wounded deer is permissible at night, but at |
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1 | no time outside of legal deer hunting hours or seasons shall | ||||||
2 | any person handling or accompanying a dog being used for | ||||||
3 | tracking wounded deer be in possession of any firearm or | ||||||
4 | archery device. Persons tracking wounded deer with a dog during | ||||||
5 | the firearm deer seasons shall wear blaze orange as required. | ||||||
6 | Dog handlers tracking wounded deer with a dog are exempt from | ||||||
7 | hunting license and deer permit requirements so long as they | ||||||
8 | are accompanied by the licensed deer hunter who wounded the | ||||||
9 | deer.
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10 | It shall be unlawful to possess or transport any wild deer | ||||||
11 | which has
been injured or killed in any manner upon a public | ||||||
12 | highway or public
right-of-way of this State unless exempted by | ||||||
13 | administrative rule.
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14 | Persons hunting deer must have gun unloaded and no bow and | ||||||
15 | arrow
device shall be carried with the arrow in the nocked | ||||||
16 | position during
hours when deer hunting is unlawful.
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17 | It shall be unlawful for any person, having taken the legal | ||||||
18 | limit of
deer by gun, to further participate with gun in any | ||||||
19 | deer hunting party.
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20 | It shall be unlawful for any person, having taken the legal | ||||||
21 | limit
of deer by bow and arrow, to further participate with bow | ||||||
22 | and arrow in any
deer hunting party.
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23 | The Department may prohibit upland game hunting during the | ||||||
24 | gun deer
season by administrative rule.
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25 | The Department shall not limit the number of non-resident | ||||||
26 | either sex archery deer hunting permits to less than 20,000.
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1 | Any person who violates any of the provisions of this | ||||||
2 | Section,
including administrative rules, shall be guilty of a | ||||||
3 | Class B misdemeanor.
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4 | For the purposes of calculating acreage under this Section, | ||||||
5 | the Department shall, after determining the total acreage of | ||||||
6 | the applicable tract or tracts of land, round remaining | ||||||
7 | fractional portions of an acre greater than or equal to half of | ||||||
8 | an acre up to the next whole acre. | ||||||
9 | For the purposes of taking white-tailed deer, nothing in | ||||||
10 | this Section shall be construed to prevent the manipulation, | ||||||
11 | including mowing or cutting, of standing crops as a normal | ||||||
12 | agricultural or soil stabilization practice, food plots, or | ||||||
13 | normal agricultural practices, including planting, harvesting, | ||||||
14 | and maintenance such as cultivating or the use of products | ||||||
15 | designed for scent only and not capable of ingestion, solid or | ||||||
16 | liquid, placed or scattered, in such a manner as to attract or | ||||||
17 | lure deer. Such manipulation for the purpose of taking | ||||||
18 | white-tailed deer may be further modified by administrative | ||||||
19 | rule. | ||||||
20 | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; | ||||||
21 | 98-180, eff. 8-5-13.)
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22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
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