Illinois General Assembly - Full Text of SB0645
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Full Text of SB0645  99th General Assembly

SB0645sam001 99TH GENERAL ASSEMBLY

Sen. William R. Haine

Filed: 4/14/2015

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 645

2    AMENDMENT NO. ______. Amend Senate Bill 645 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 2.26 as follows:
 
6    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
7    Sec. 2.26. Deer hunting permits. In this Section, "bona
8fide equity shareholder" means an individual who (1) purchased,
9for market price, publicly sold stock shares in a corporation,
10purchased shares of a privately-held corporation for a value
11equal to the percentage of the appraised value of the corporate
12assets represented by the ownership in the corporation, or is a
13member of a closely-held family-owned corporation and has
14purchased or been gifted with shares of stock in the
15corporation accurately reflecting his or her percentage of
16ownership and (2) intends to retain the ownership of the shares

 

 

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1of stock for at least 5 years.
2    In this Section, "bona fide equity member" means an
3individual who (1) (i) became a member upon the formation of
4the limited liability company or (ii) has purchased a
5distributional interest in a limited liability company for a
6value equal to the percentage of the appraised value of the LLC
7assets represented by the distributional interest in the LLC
8and subsequently becomes a member of the company pursuant to
9Article 30 of the Limited Liability Company Act and who (2)
10intends to retain the membership for at least 5 years.
11    In this Section, "bona fide equity partner" means an
12individual who (1) (i) became a partner, either general or
13limited, upon the formation of a partnership or limited
14partnership, or (ii) has purchased, acquired, or been gifted a
15partnership interest accurately representing his or her
16percentage distributional interest in the profits, losses, and
17assets of a partnership or limited partnership, (2) intends to
18retain ownership of the partnership interest for at least 5
19years, and (3) is a resident of Illinois.
20    Any person attempting to take deer shall first obtain a
21"Deer Hunting Permit" issued by the Department in accordance
22with its administrative rules. Those rules must provide for the
23issuance of the following types of resident deer archery
24permits: (i) a combination permit, consisting of one either-sex
25permit and one antlerless-only permit, (ii) a single
26antlerless-only permit, and (iii) a single either-sex permit.

 

 

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1The fee for a Deer Hunting Permit to take deer with either bow
2and arrow or gun shall not exceed $25.00 for residents of the
3State. The Department may by administrative rule provide for
4non-resident deer hunting permits for which the fee will not
5exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
6thereafter except as provided below for non-resident
7landowners and non-resident archery hunters. The Department
8may by administrative rule provide for a non-resident archery
9deer permit consisting of not more than 2 harvest tags at a
10total cost not to exceed $325 in 2005, $375 in 2006, and $425
11in 2007 and thereafter. Permits shall be issued without charge
12to:
13        (a) Illinois landowners residing in Illinois who own at
14    least 40 acres of Illinois land and wish to hunt their land
15    only,
16        (b) resident tenants of at least 40 acres of commercial
17    agricultural land where they will hunt, and
18        (c) Bona fide equity shareholders of a corporation,
19    bona fide equity members of a limited liability company, or
20    bona fide equity partners of a general or limited
21    partnership which owns at least 40 acres of land in a
22    county in Illinois who wish to hunt on the corporation's,
23    company's, or partnership's land only. One permit shall be
24    issued without charge to one bona fide equity shareholder,
25    one bona fide equity member, or one bona fide equity
26    partner for each 40 acres of land owned by the corporation,

 

 

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1    company, or partnership in a county; however, the number of
2    permits issued without charge to bona fide equity
3    shareholders of any corporation or bona fide equity members
4    of a limited liability company in any county shall not
5    exceed 15, and shall not exceed 3 in the case of bona fide
6    equity partners of a partnership.
7    Bona fide landowners or tenants who do not wish to hunt
8only on the land they own, rent, or lease or bona fide equity
9shareholders, bona fide equity members, or bona fide equity
10partners who do not wish to hunt only on the land owned by the
11corporation, limited liability company, or partnership shall
12be charged the same fee as the applicant who is not a
13landowner, tenant, bona fide equity shareholder, bona fide
14equity member, or bona fide equity partner. Nonresidents of
15Illinois who own at least 40 acres of land and wish to hunt on
16their land only shall be charged a fee set by administrative
17rule. The method for obtaining these permits shall be
18prescribed by administrative rule.
19    The deer hunting permit issued without fee shall be valid
20on all farm lands which the person to whom it is issued owns,
21leases or rents, except that in the case of a permit issued to
22a bona fide equity shareholder, bona fide equity member, or
23bona fide equity partner, the permit shall be valid on all
24lands owned by the corporation, limited liability company, or
25partnership in the county.
26    The standards and specifications for use of guns and bow

 

 

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1and arrow for deer hunting shall be established by
2administrative rule. The Department shall authorize by rule the
3use of rifles for deer hunting limited to single-shot, bolt
4action, pump action, or lever action rifles that take a
5straight-walled cartridge that is .24 caliber or greater and
6generates 500 foot pounds of energy or more at the muzzle.
7    No person may have in his possession any firearm not
8authorized by administrative rule for a specific hunting season
9when taking deer.
10    Persons having a firearm deer hunting permit shall be
11permitted to take deer only during the period from 1/2 hour
12before sunrise to 1/2 hour after sunset, and only during those
13days for which an open season is established for the taking of
14deer by use of shotgun, handgun, or muzzle loading rifle.
15    Persons having an archery deer hunting permit shall be
16permitted to take deer only during the period from 1/2 hour
17before sunrise to 1/2 hour after sunset, and only during those
18days for which an open season is established for the taking of
19deer by use of bow and arrow.
20    It shall be unlawful for any person to take deer by use of
21dogs, horses, automobiles, aircraft or other vehicles, or by
22the use or aid of bait or baiting of any kind. For the purposes
23of this Section, "bait" means any material, whether liquid or
24solid, including food, salt, minerals, and other products,
25except pure water, that can be ingested, placed, or scattered
26in such a manner as to attract or lure white-tailed deer.

 

 

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1"Baiting" means the placement or scattering of bait to attract
2deer. An area is considered as baited during the presence of
3and for 10 consecutive days following the removal of bait.
4Nothing in this Section shall prohibit the use of a dog to
5track wounded deer. Any person using a dog for tracking wounded
6deer must maintain physical control of the dog at all times by
7means of a maximum 50 foot lead attached to the dog's collar or
8harness. Tracking wounded deer is permissible at night, but at
9no time outside of legal deer hunting hours or seasons shall
10any person handling or accompanying a dog being used for
11tracking wounded deer be in possession of any firearm or
12archery device. Persons tracking wounded deer with a dog during
13the firearm deer seasons shall wear blaze orange as required.
14Dog handlers tracking wounded deer with a dog are exempt from
15hunting license and deer permit requirements so long as they
16are accompanied by the licensed deer hunter who wounded the
17deer.
18    It shall be unlawful to possess or transport any wild deer
19which has been injured or killed in any manner upon a public
20highway or public right-of-way of this State unless exempted by
21administrative rule.
22    Persons hunting deer must have gun unloaded and no bow and
23arrow device shall be carried with the arrow in the nocked
24position during hours when deer hunting is unlawful.
25    It shall be unlawful for any person, having taken the legal
26limit of deer by gun, to further participate with gun in any

 

 

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1deer hunting party.
2    It shall be unlawful for any person, having taken the legal
3limit of deer by bow and arrow, to further participate with bow
4and arrow in any deer hunting party.
5    The Department may prohibit upland game hunting during the
6gun deer season by administrative rule.
7    The Department shall not limit the number of non-resident,
8either-sex either sex archery deer hunting permits to less than
920,000.
10    Any person who violates any of the provisions of this
11Section, including administrative rules, shall be guilty of a
12Class B misdemeanor.
13    For the purposes of calculating acreage under this Section,
14the Department shall, after determining the total acreage of
15the applicable tract or tracts of land, round remaining
16fractional portions of an acre greater than or equal to half of
17an acre up to the next whole acre.
18    For the purposes of taking white-tailed deer, nothing in
19this Section shall be construed to prevent the manipulation,
20including mowing or cutting, of standing crops as a normal
21agricultural or soil stabilization practice, food plots, or
22normal agricultural practices, including planting, harvesting,
23and maintenance such as cultivating or the use of products
24designed for scent only and not capable of ingestion, solid or
25liquid, placed or scattered, in such a manner as to attract or
26lure deer. Such manipulation for the purpose of taking

 

 

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1white-tailed deer may be further modified by administrative
2rule.
3(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
498-180, eff. 8-5-13.)".