Rep. Michael J. Kelly

Filed: 5/8/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 914

2    AMENDMENT NO. ______. Amend Senate Bill 914 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Wildlife Code is amended by changing
5Section 3.1-6 as follows:
 
6    (520 ILCS 5/3.1-6)
7    Sec. 3.1-6. Special deer, turkey, and combination hunting
8licenses.
9    (a) For the purpose of this Section:
10    "Bona fide current income beneficiary" means an individual
11who, at the time of application for a permit issued pursuant to
12this Section, is entitled to income (whether income exists or
13not) from the trust that owns the land the applicant wishes to
14hunt, with no condition precedent other than the trustee
15distributing the income, and who is listed by name in the trust
16documents as an income beneficiary.

 

 

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1    "Bona fide equity member" means an individual who:
2        (1) (i) became a member upon the formation of the
3    limited liability company or (ii) has purchased a
4    distributional interest in a limited liability company for
5    a value equal to the percentage of the appraised value of
6    the LLC assets represented by the distributional interest
7    in the LLC and subsequently becomes a member of the
8    company under Article 30 of the Limited Liability Company
9    Act; and
10        (2) intends to retain the membership for at least 5
11    years.
12    "Bona fide equity partner" means an individual who:
13        (1) (i) became a partner, either general or limited,
14    upon the formation of a partnership or limited
15    partnership, or (ii) has purchased, acquired, or been
16    gifted a partnership interest accurately representing his
17    or her percentage distributional interest in the profits,
18    losses, and assets of a partnership or limited
19    partnership;
20        (2) intends to retain ownership of the partnership
21    interest for at least 5 years; and
22        (3) is a resident of this State.
23    "Bona fide equity shareholder" means an individual who:
24        (1) purchased, for market price, publicly sold stock
25    shares in a corporation, purchased shares of a
26    privately-held corporation for a value equal to the

 

 

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1    percentage of the appraised value of the corporate assets
2    represented by the ownership in the corporation, or is a
3    member of a closely-held family-owned corporation and has
4    purchased or been gifted with shares of stock in the
5    corporation accurately reflecting his or her percentage of
6    ownership; and
7        (2) intends to retain the ownership of the shares of
8    stock for at least 5 years.
9    "Immediate family member of a landowner, tenant, or a bona
10fide current income beneficiary" means a person who is the
11spouse, child, brother, sister, or parent of a landowner,
12tenant, or bona fide current income beneficiary and who
13resides permanently on the same property as the landowner,
14tenant, or bona fide current income beneficiary.
15    (b) Landowner Deer, Turkey, and combination permits shall
16be issued without charge to:
17        (1) Illinois landowners residing in this State who own
18    at least 40 acres of Illinois land and wish to hunt upon
19    their land only;
20        (2) resident tenants of at least 40 acres of
21    commercial agricultural land where they will hunt; and
22        (3) bona fide equity shareholders of a corporation,
23    bona fide equity members of a limited liability company,
24    or bona fide equity partners of a general or limited
25    partnership which owns at least 40 acres of land in a
26    county in this State who wish to hunt on the

 

 

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1    corporation's, company's, or partnership's land only. One
2    permit shall be issued without charge to one bona fide
3    equity shareholder, one bona fide equity member, or one
4    bona fide equity partner for each 40 acres of land owned by
5    the corporation, company, or partnership in a county;
6    however, the number of permits issued without charge to
7    bona fide equity shareholders of any corporation or bona
8    fide equity members of a limited liability company in any
9    county shall not exceed 15, and shall not exceed 3 in the
10    case of bona fide equity partners of a partnership; .
11        (4) bona fide current income beneficiaries of a trust
12    that owns 40 acres of Illinois land who wish to hunt only
13    upon the land of the trust and who reside in this State;
14    and
15        (5) immediate family members of a landowner, tenant,
16    or a bona fide current income beneficiary who wish to hunt
17    only on the land owned by a person or trust under
18    paragraphs (1), (2), or (3) of this subsection (b).
19    Bona fide landowners or tenants who do not wish to hunt
20only on the land they own, rent, or lease or bona fide equity
21shareholders, bona fide equity members, or bona fide equity
22partners who do not wish to hunt only on the land owned by the
23corporation, limited liability company, or partnership shall
24be charged the same fee as the applicant who is not a
25landowner, tenant, bona fide equity shareholder, bona fide
26equity member, or bona fide equity partner. Nonresidents of

 

 

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1this State who own at least 40 acres of land and wish to hunt
2on their land only shall be charged a fee set by administrative
3rule. The method for obtaining these permits shall be
4prescribed by administrative rule.
5    (c) The deer, turkey, or combination hunting permit issued
6without fee shall be valid on all farm lands which the person
7to whom it is issued owns, leases or rents, except that in the
8case of a permit issued to a bona fide equity shareholder, bona
9fide equity member, or bona fide equity partner, the permit
10shall be valid on all lands owned by the corporation, limited
11liability company, or partnership in the county.
12    (d) In addition to the permits issued under subsection
13(b), the Department shall issue deer, turkey, and combination
14permits to the children of an Illinois resident landowner or
15the children of a resident bona fide current income
16beneficiary if:
17        (1) those children do not reside with the landowner or
18    the bona fide current income beneficiary;
19        (2) the Illinois resident landowner or resident bona
20    fide current income beneficiary is eligible for deer,
21    turkey, or combination permits under this Section;
22        (3) the children of the Illinois resident landowner or
23    the resident bona fide current income beneficiary have
24    completed an application for deer, turkey, or combination
25    permits for the children of the Illinois resident
26    landowner or resident bona fide current income

 

 

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1    beneficiary, and that application includes the child's
2    name, address, date of birth, and any other information as
3    required by administrative rule, and is signed by the
4    child and the Illinois resident landowner or the bona fide
5    current income beneficiary;
6        (4) a child of the Illinois resident landowner or the
7    resident bona fide current income beneficiary that is
8    listed pursuant to paragraph (3) is eligible to hunt in
9    Illinois and whose hunting privileges are not currently
10    suspended or revoked pursuant to law or administrative
11    rule; and
12        (5) the fees for permits listed in Section 2.11 and
13    Section 2.26 are paid in full for those permits that are
14    issued pursuant to this subsection (d).
15    Permits issued pursuant to this subsection shall only be
16valid on all farmlands which the Illinois resident landowner
17or the resident bona fide current income beneficiary owns.
18This subsection (d) shall not apply to the children of
19resident tenants, bona fide equity shareholders of a
20corporation, bona fide equity members of a limited liability
21company, or bona fide equity partners of a general or limited
22partnership. Any other requirement, application information,
23or approval process for a permit issued under this subsection
24shall be set by the Department by administrative rule.
25(Source: P.A. 99-869, eff. 1-1-17.)
 

 

 

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1    Section 99. Effective date. This Act takes effect January
21, 2026.".