093_HB1135ham001

 










                                     LRB093 05241 BDD 11915 a

 1                    AMENDMENT TO HOUSE BILL 1135

 2        AMENDMENT NO.     .  Amend House Bill 1135  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Wildlife  Code is amended by changing
 5    Sections 2.25 and 2.26 as follows:

 6        (520 ILCS 5/2.25) (from Ch. 61, par. 2.25)
 7        Sec. 2.25.  It shall be unlawful for any person  to  take
 8    deer except (i) with a shotgun or muzzleloading rifle or (ii)
 9    as  provided by administrative rule, with a bow and arrow, or
10    crossbow device for handicapped persons as defined in Section
11    2.33, during the open season that of not more  than  14  days
12    which  will be set annually by the Director between the dates
13    of November 1st and December 31st, both inclusive.
14        It shall be unlawful for any person to take  deer  except
15    with  a  bow  and  arrow,  or crossbow device for handicapped
16    persons (as defined in Section 2.33), during the open  season
17    for  bow  and  arrow set annually by the Director between the
18    dates of September 1st and January 31st, both inclusive.
19        It shall be unlawful for any person to take  deer  except
20    with  (i)  a  muzzleloading  rifle, or (ii) bow and arrow, or
21    crossbow device for handicapped persons as defined in Section
22    2.33, during the open season  for  muzzleloading  rifles  set
 
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 1    annually by the Director.
 2        The  Director  shall cause an administrative rule setting
 3    forth the prescribed rules and regulations, including bag and
 4    possession limits and those counties of the State where  open
 5    seasons  are  established, to be published in accordance with
 6    Sections 1.3 and 1.13 of this Act.
 7        The Department is  authorized  to  establish  a  separate
 8    harvest  period  at  specific  sites within the State for the
 9    purpose of harvesting  surplus  deer  that  cannot  be  taken
10    during  the  regular  season provided for the taking of deer.
11    This season shall be restricted  to  gun  or  bow  and  arrow
12    hunting  only  and  shall be established during the period of
13    September  1st  to  February  15th,   both   inclusive.   The
14    Department   shall  publish  suitable  prescribed  rules  and
15    regulations established by administrative rule pertaining  to
16    management  restrictions  applicable  to this special harvest
17    program.
18    (Source: P.A.  86-1188;  87-126;  87-234;  87-895;   87-1015;
19    87-1243; 87-1268.)

20        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
21        Sec.  2.26. Deer hunting permits.  In this Section, "bona
22    fide  equity  shareholder"  means  an  individual   who   (1)
23    purchased,  for market price, publicly sold stock shares in a
24    corporation, purchased shares of a privately-held corporation
25    for a value equal to the percentage of the appraised value of
26    the corporate assets represented  by  the  ownership  in  the
27    corporation,  or  is  a member of a closely-held family-owned
28    corporation and has purchased or been gifted with  shares  of
29    stock  in  the  corporation  accurately reflecting his or her
30    percentage  of  ownership  and  (2)  intends  to  retain  the
31    ownership of the shares of stock for at least 5 years.
32        In this Section,  "bona  fide  equity  member"  means  an
33    individual  who (1) (i) became a member upon the formation of
 
                            -3-      LRB093 05241 BDD 11915 a
 1    the  limited  liability  company  or  (ii)  has  purchased  a
 2    distributional interest in a limited liability company for  a
 3    value  equal  to the percentage of the appraised value of the
 4    LLC assets represented by the distributional interest in  the
 5    LLC and subsequently becomes a member of the company pursuant
 6    to  Article  30  of the Limited Liability Company Act and who
 7    (2) intends to retain the membership for at least 5 years.
 8        Any person attempting to take deer shall first  obtain  a
 9    "Deer   Hunting   Permit"   in   accordance  with  prescribed
10    regulations  set  forth  in  an  Administrative  Rule.   Deer
11    Hunting Permits shall be issued by the  Department.  The  fee
12    for  a  Deer  Hunting Permit to take deer with either bow and
13    arrow or gun shall not exceed $15.00  for  residents  of  the
14    State.  The Department may by administrative rule provide for
15    non-resident  deer hunting permits for which the fee will not
16    exceed  $200  except  as  provided  below  for   non-resident
17    landowners  and non-resident  archery hunters. The Department
18    may by administrative rule provide for a non-resident archery
19    deer permit consisting of not more than 2 harvest tags  at  a
20    total  cost  not  to  exceed  $225.  Permits  shall be issued
21    without charge to:
22             (a)  Illinois landowners residing  in  Illinois  who
23        own  at  least 40 acres of Illinois land and wish to hunt
24        their land only,
25             (b)  resident  tenants  of  at  least  40  acres  of
26        commercial agricultural land where they will hunt, and
27             (c)  Bona fide equity shareholders of a  corporation
28        or  bona  fide  equity  members  of  a  limited liability
29        company which owns at least 40 acres of land in a  county
30        in  Illinois  who  wish  to  hunt on the corporation's or
31        company's land only. One permit shall be  issued  without
32        charge  to  one  bona fide equity shareholder or one bona
33        fide equity member for each 40 acres of land owned by the
34        corporation or company in a county; however,  the  number
 
                            -4-      LRB093 05241 BDD 11915 a
 1        of  permits  issued  without  charge  to bona fide equity
 2        shareholders of  any  corporation  or  bona  fide  equity
 3        members  of  a  limited  liability  company in any county
 4        shall not exceed 15.
 5        Bona fide landowners or tenants who do not wish  to  hunt
 6    only  on the land they own, rent or lease or bona fide equity
 7    shareholders or bona fide equity members who do not  wish  to
 8    hunt  only  on  the  land owned by the corporation or limited
 9    liability company shall  be  charged  the  same  fee  as  the
10    applicant  who  is  not a landowner, tenant, bona fide equity
11    shareholder, or bona  fide  equity  member.  Nonresidents  of
12    Illinois  who  own at least 40 acres of land and wish to hunt
13    on  their  land  only  shall  be  charged  a   fee   set   by
14    administrative  rule.  The method for obtaining these permits
15    shall be prescribed by administrative rule.
16        The deer hunting permit issued without fee shall be valid
17    on all farm lands which the person to whom it is issued owns,
18    leases or rents, except that in the case of a  permit  issued
19    to a bona fide equity shareholder or bona fide equity member,
20    the  permit  shall  be  valid  on  all  lands  owned  by  the
21    corporation or limited liability company in the county.
22        The  standards and specifications for use of guns and bow
23    and  arrow  for  deer  hunting  shall   be   established   by
24    administrative rule.
25        No  person  may have in his possession while hunting deer
26    any type of gun firearm not  authorized  by  the  appropriate
27    administrative rule regulating that deer hunting activity for
28    a specific hunting season when taking deer.
29        Persons  having  a  firearm  deer hunting permit shall be
30    permitted to take deer only during the period from  1/2  hour
31    before  sunrise  to  sunset,  and  only during those days for
32    which an open season is established for the taking of deer by
33    use of shotgun or muzzle loading rifle.
34        Persons having an archery deer hunting  permit  shall  be
 
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 1    permitted  to  take deer only during the period from 1/2 hour
 2    before sunrise to 1/2 hour  after  sunset,  and  only  during
 3    those  days  for  which an open season is established for the
 4    taking of deer by use of bow and arrow.
 5        It shall be unlawful for any person to take deer  by  use
 6    of  dogs, horses, automobiles, aircraft or other vehicles, or
 7    by the use  of  salt  or  bait  of  any  kind.   An  area  is
 8    considered  as  baited  during  the  presence  of  and for 10
 9    consecutive days following the removal of bait.
10        It shall be unlawful to possess  or  transport  any  wild
11    deer  which  has  been injured or killed in any manner upon a
12    public highway or public right-of-way of  this  State  unless
13    exempted by administrative rule.
14        Persons  hunting  deer  must have gun unloaded and no bow
15    and arrow device shall be  carried  with  the  arrow  in  the
16    nocked position during hours when deer hunting is unlawful.
17        It  shall  be  unlawful  for any person, having taken the
18    legal limit of deer by gun, to further participate  with  gun
19    in any deer hunting party.
20        It  shall  be  unlawful  for any person, having taken the
21    legal limit of deer by bow and arrow, to further  participate
22    with bow and arrow in any deer hunting party.
23        The  Department  may  prohibit upland game hunting during
24    the gun deer season by administrative rule.
25        It shall be legal for handicapped persons, as defined  in
26    Section  2.33,  to  utilize  a crossbow device, as defined in
27    Department rules, to take deer.
28        Any person who violates any of  the  provisions  of  this
29    Section, including administrative rules, shall be guilty of a
30    Class B misdemeanor.
31    (Source: P.A.  92-177,  eff.  7-27-01;  92-261,  eff. 8-7-01;
32    92-651, eff. 7-11-02.)".