093_HB1135eng

 
HB1135 Engrossed                     LRB093 05241 JAM 05304 b

 1        AN ACT concerning wildlife.

 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 2.25 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
23    annually by the Director.
24        The Director shall cause an administrative  rule  setting
25    forth the prescribed rules and regulations, including bag and
26    possession  limits and those counties of the State where open
27    seasons are established, to be published in  accordance  with
28    Sections 1.3 and 1.13 of this Act.
29        The  Department  is  authorized  to  establish a separate
30    harvest period at specific sites within  the  State  for  the
31    purpose  of  harvesting  surplus  deer  that  cannot be taken
 
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 1    during the regular season provided for the  taking  of  deer.
 2    This  season  shall  be  restricted  to  gun or bow and arrow
 3    hunting only and shall be established during  the  period  of
 4    September   1st   to   February  15th,  both  inclusive.  The
 5    Department  shall  publish  suitable  prescribed  rules   and
 6    regulations  established by administrative rule pertaining to
 7    management restrictions applicable to  this  special  harvest
 8    program.
 9    (Source: P.A.   86-1188;  87-126;  87-234;  87-895;  87-1015;
10    87-1243; 87-1268.)

11        (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
12        Sec. 2.26. Deer hunting permits.  In this Section,  "bona
13    fide   equity   shareholder"  means  an  individual  who  (1)
14    purchased, for market price, publicly sold stock shares in  a
15    corporation, purchased shares of a privately-held corporation
16    for a value equal to the percentage of the appraised value of
17    the  corporate  assets  represented  by  the ownership in the
18    corporation, or is a member of  a  closely-held  family-owned
19    corporation  and  has purchased or been gifted with shares of
20    stock in the corporation accurately  reflecting  his  or  her
21    percentage  of  ownership  and  (2)  intends  to  retain  the
22    ownership of the shares of stock for at least 5 years.
23        In  this  Section,  "bona  fide  equity  member" means an
24    individual who (1) (i) became a member upon the formation  of
25    the  limited  liability  company  or  (ii)  has  purchased  a
26    distributional  interest in a limited liability company for a
27    value equal to the percentage of the appraised value  of  the
28    LLC  assets represented by the distributional interest in the
29    LLC and subsequently becomes a member of the company pursuant
30    to Article 30 of the Limited Liability Company  Act  and  who
31    (2) intends to retain the membership for at least 5 years.
32        Any  person  attempting to take deer shall first obtain a
33    "Deer  Hunting  Permit"   in   accordance   with   prescribed
 
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 1    regulations  set  forth  in  an  Administrative  Rule.   Deer
 2    Hunting  Permits  shall  be issued by the Department. The fee
 3    for a Deer Hunting Permit to take deer with  either  bow  and
 4    arrow  or  gun  shall  not exceed $15.00 for residents of the
 5    State.  The Department may by administrative rule provide for
 6    non-resident deer hunting permits for which the fee will  not
 7    exceed   $200  except  as  provided  below  for  non-resident
 8    landowners and non-resident  archery hunters. The  Department
 9    may by administrative rule provide for a non-resident archery
10    deer  permit  consisting of not more than 2 harvest tags at a
11    total cost not  to  exceed  $225.  Permits  shall  be  issued
12    without charge to:
13             (a)  Illinois  landowners  residing  in Illinois who
14        own at least 40 acres of Illinois land and wish  to  hunt
15        their land only,
16             (b)  resident  tenants  of  at  least  40  acres  of
17        commercial agricultural land where they will hunt, and
18             (c)  Bona  fide equity shareholders of a corporation
19        or bona  fide  equity  members  of  a  limited  liability
20        company  which owns at least 40 acres of land in a county
21        in Illinois who wish to  hunt  on  the  corporation's  or
22        company's  land  only. One permit shall be issued without
23        charge to one bona fide equity shareholder  or  one  bona
24        fide equity member for each 40 acres of land owned by the
25        corporation  or  company in a county; however, the number
26        of permits issued without  charge  to  bona  fide  equity
27        shareholders  of  any  corporation  or  bona  fide equity
28        members of a limited  liability  company  in  any  county
29        shall not exceed 15.
30        Bona  fide  landowners or tenants who do not wish to hunt
31    only on the land they own, rent or lease or bona fide  equity
32    shareholders  or  bona fide equity members who do not wish to
33    hunt only on the land owned by  the  corporation  or  limited
34    liability  company  shall  be  charged  the  same  fee as the
 
HB1135 Engrossed            -4-      LRB093 05241 JAM 05304 b
 1    applicant who is not a landowner, tenant,  bona  fide  equity
 2    shareholder,  or  bona  fide  equity  member. Nonresidents of
 3    Illinois who own at least 40 acres of land and wish  to  hunt
 4    on   their   land   only  shall  be  charged  a  fee  set  by
 5    administrative rule. The method for obtaining  these  permits
 6    shall be prescribed by administrative rule.
 7        The deer hunting permit issued without fee shall be valid
 8    on all farm lands which the person to whom it is issued owns,
 9    leases  or  rents, except that in the case of a permit issued
10    to a bona fide equity shareholder or bona fide equity member,
11    the  permit  shall  be  valid  on  all  lands  owned  by  the
12    corporation or limited liability company in the county.
13        The standards and specifications for use of guns and  bow
14    and   arrow   for   deer  hunting  shall  be  established  by
15    administrative rule.
16        No person may have in his possession while  hunting  deer
17    any  type  of  gun  firearm not authorized by the appropriate
18    administrative rule regulating that deer hunting activity for
19    a specific hunting season when taking deer.
20        Persons having a firearm deer  hunting  permit  shall  be
21    permitted  to  take deer only during the period from 1/2 hour
22    before sunrise to sunset, and  only  during  those  days  for
23    which an open season is established for the taking of deer by
24    use of shotgun or muzzle loading rifle.
25        Persons  having  an  archery deer hunting permit shall be
26    permitted to take deer only during the period from  1/2  hour
27    before  sunrise  to  1/2  hour  after sunset, and only during
28    those days for which an open season is  established  for  the
29    taking of deer by use of bow and arrow.
30        It  shall  be unlawful for any person to take deer by use
31    of dogs, horses, automobiles, aircraft or other vehicles,  or
32    by  the  use  of  salt  or  bait  of  any  kind.   An area is
33    considered as baited  during  the  presence  of  and  for  10
34    consecutive days following the removal of bait.
 
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 1        It  shall  be  unlawful  to possess or transport any wild
 2    deer which has been injured or killed in any  manner  upon  a
 3    public  highway  or  public right-of-way of this State unless
 4    exempted by administrative rule.
 5        Persons hunting deer must have gun unloaded  and  no  bow
 6    and  arrow  device  shall  be  carried  with the arrow in the
 7    nocked position during hours when deer hunting is unlawful.
 8        It shall be unlawful for any  person,  having  taken  the
 9    legal  limit  of deer by gun, to further participate with gun
10    in any deer hunting party.
11        It shall be unlawful for any  person,  having  taken  the
12    legal  limit of deer by bow and arrow, to further participate
13    with bow and arrow in any deer hunting party.
14        The Department may prohibit upland  game  hunting  during
15    the gun deer season by administrative rule.
16        It  shall be legal for handicapped persons, as defined in
17    Section 2.33, to utilize a crossbow  device,  as  defined  in
18    Department rules, to take deer.
19        Any  person  who  violates  any of the provisions of this
20    Section, including administrative rules, shall be guilty of a
21    Class B misdemeanor.
22    (Source: P.A. 92-177,  eff.  7-27-01;  92-261,  eff.  8-7-01;
23    92-651, eff. 7-11-02.)