97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB2094

 

Introduced 2/22/2011, by Rep. Norine Hammond

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.11  from Ch. 61, par. 2.11
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Provides that "bait" means any product, vegetable or mineral, salt or sodium-based, grain, fruit, nutrient, vegetation, or other source that can be ingested, solid or liquid, placed or scattered, in such a manner as to attract or lure deer or wild turkeys. Provides that the use of products designed for scent only and not capable of ingestion shall not constitute bait.


LRB097 06794 CEL 46885 b

 

 

A BILL FOR

 

HB2094LRB097 06794 CEL 46885 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.11 and 2.26 as follows:
 
6    (520 ILCS 5/2.11)  (from Ch. 61, par. 2.11)
7    Sec. 2.11. Before any person may lawfully hunt wild turkey,
8he shall first obtain a "Wild Turkey Hunting Permit" in
9accordance with the prescribed regulations set forth in an
10administrative rule of the Department. The fee for a Resident
11Wild Turkey Hunting Permit shall not exceed $15.
12    Upon submitting suitable evidence of legal residence in any
13other state, non-residents shall be charged a fee not to exceed
14$125 for wild turkey hunting permits, except as provided below
15for non-resident land owners.
16    Permits shall be issued without charge to:
17        (a) Illinois landowners residing in Illinois who own at
18    least 40 acres of Illinois land and wish to hunt on their
19    land only,
20        (b) resident tenants of at least 40 acres of commercial
21    agricultural land, and
22        (c) bona fide equity shareholders of a corporation,
23    bona fide equity members of a limited liability company, or

 

 

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1    bona fide equity partners of a general or limited
2    partnership which owns at least 40 acres of land in a
3    county in Illinois who wish to hunt on the corporation's,
4    company's, or partnership's land only. One permit shall be
5    issued without charge to one bona fide equity shareholder,
6    one bona fide equity member, or one bona fide equity
7    partner for each 40 acres of land owned by the corporation,
8    company, or partnership in a county; however, the number of
9    permits issued without charge to bona fide equity
10    shareholders of any corporation or bona fide equity members
11    of a limited liability company in any county shall not
12    exceed 15, and shall not exceed 3 in the case of bona fide
13    equity partners of a partnership.
14    The turkey hunting permit issued without fee shall be valid
15on all lands upon which the person to whom it is issued owns,
16leases or rents, except that in the case of a permit issued
17without charge to a shareholder of a corporation, the permit
18shall be valid on all lands owned by the corporation in the
19county.
20    The Department may by administrative rule allocate and
21issue non-resident Wild Turkey Permits and establish fees for
22such permits.
23    It shall be unlawful to take wild turkey except by use of a
24bow and arrow or a shotgun of not larger than 10 nor smaller
25than 20 gauge with shot size not larger than No. 4, and no
26person while attempting to so take wild turkey may have in his

 

 

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1possession any other gun.
2    It shall be unlawful to take, or attempt to take wild
3turkey except during the time from 1/2 hour before sunrise to
41/2 hour after sunset or during such lesser period of time as
5may be specified by administrative rule, during those days for
6which an open season is established.
7    It shall be unlawful for any person to take, or attempt to
8take, wild turkey by use of dogs, horses, automobiles, aircraft
9or other vehicles, or conveyances, or by the use of bait of any
10kind. For the purposes of this Section, "bait", when used as a
11noun, means any product, vegetable or mineral, salt or
12sodium-based, grain, fruit, nutrient, vegetation, or other
13source that can be ingested, solid or liquid, placed or
14scattered, in such a manner as to attract or lure wild turkeys.
15The use of products designed for scent only and not capable of
16ingestion shall not constitute bait. "Bait", when used as a
17verb, means the placement or scattering of bait to attract wild
18turkeys.
19    It is unlawful for any person to take in Illinois or have
20in his possession more than one wild turkey per valid permit.
21    For purposes of this Section "bona fide equity
22shareholder", "bona fide equity member", and "bona fide equity
23partner" shall have the same meaning as provided in Section
242.26 of this Act.
25    For the purposes of calculating acreage under this Section,
26the Department shall, after determining the total acreage of

 

 

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1the applicable tract or tracts of land, round remaining
2fractional portions of an acre greater than or equal to half of
3an acre up to the next whole acre.
4(Source: P.A. 96-162, eff. 1-1-10.)
 
5    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
6    Sec. 2.26. Deer hunting permits. In this Section, "bona
7fide equity shareholder" means an individual who (1) purchased,
8for market price, publicly sold stock shares in a corporation,
9purchased shares of a privately-held corporation for a value
10equal to the percentage of the appraised value of the corporate
11assets represented by the ownership in the corporation, or is a
12member of a closely-held family-owned corporation and has
13purchased or been gifted with shares of stock in the
14corporation accurately reflecting his or her percentage of
15ownership and (2) intends to retain the ownership of the shares
16of stock for at least 5 years.
17    In this Section, "bona fide equity member" means an
18individual who (1) (i) became a member upon the formation of
19the limited liability company or (ii) has purchased a
20distributional interest in a limited liability company for a
21value equal to the percentage of the appraised value of the LLC
22assets represented by the distributional interest in the LLC
23and subsequently becomes a member of the company pursuant to
24Article 30 of the Limited Liability Company Act and who (2)
25intends to retain the membership for at least 5 years.

 

 

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1    In this Section, "bona fide equity partner" means an
2individual who (1) (i) became a partner, either general or
3limited, upon the formation of a partnership or limited
4partnership, or (ii) has purchased, acquired, or been gifted a
5partnership interest accurately representing his or her
6percentage distributional interest in the profits, losses, and
7assets of a partnership or limited partnership, (2) intends to
8retain ownership of the partnership interest for at least 5
9years, and (3) is a resident of Illinois.
10    Any person attempting to take deer shall first obtain a
11"Deer Hunting Permit" issued by the Department in accordance
12with its administrative rules. Those rules must provide for the
13issuance of the following types of resident deer archery
14permits: (i) a combination permit, consisting of one either-sex
15permit and one antlerless-only permit, (ii) a single
16antlerless-only permit, and (iii) a single either-sex permit.
17The fee for a Deer Hunting Permit to take deer with either bow
18and arrow or gun shall not exceed $25.00 for residents of the
19State. The Department may by administrative rule provide for
20non-resident deer hunting permits for which the fee will not
21exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
22thereafter except as provided below for non-resident
23landowners and non-resident archery hunters. The Department
24may by administrative rule provide for a non-resident archery
25deer permit consisting of not more than 2 harvest tags at a
26total cost not to exceed $325 in 2005, $375 in 2006, and $425

 

 

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1in 2007 and thereafter. Permits shall be issued without charge
2to:
3        (a) Illinois landowners residing in Illinois who own at
4    least 40 acres of Illinois land and wish to hunt their land
5    only,
6        (b) resident tenants of at least 40 acres of commercial
7    agricultural land where they will hunt, and
8        (c) Bona fide equity shareholders of a corporation,
9    bona fide equity members of a limited liability company, or
10    bona fide equity partners of a general or limited
11    partnership which owns at least 40 acres of land in a
12    county in Illinois who wish to hunt on the corporation's,
13    company's, or partnership's land only. One permit shall be
14    issued without charge to one bona fide equity shareholder,
15    one bona fide equity member, or one bona fide equity
16    partner for each 40 acres of land owned by the corporation,
17    company, or partnership in a county; however, the number of
18    permits issued without charge to bona fide equity
19    shareholders of any corporation or bona fide equity members
20    of a limited liability company in any county shall not
21    exceed 15, and shall not exceed 3 in the case of bona fide
22    equity partners of a partnership.
23    Bona fide landowners or tenants who do not wish to hunt
24only on the land they own, rent, or lease or bona fide equity
25shareholders, bona fide equity members, or bona fide equity
26partners who do not wish to hunt only on the land owned by the

 

 

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1corporation, limited liability company, or partnership shall
2be charged the same fee as the applicant who is not a
3landowner, tenant, bona fide equity shareholder, bona fide
4equity member, or bona fide equity partner. Nonresidents of
5Illinois who own at least 40 acres of land and wish to hunt on
6their land only shall be charged a fee set by administrative
7rule. The method for obtaining these permits shall be
8prescribed by administrative rule.
9    The deer hunting permit issued without fee shall be valid
10on all farm lands which the person to whom it is issued owns,
11leases or rents, except that in the case of a permit issued to
12a bona fide equity shareholder, bona fide equity member, or
13bona fide equity partner, the permit shall be valid on all
14lands owned by the corporation, limited liability company, or
15partnership in the county.
16    The standards and specifications for use of guns and bow
17and arrow for deer hunting shall be established by
18administrative rule.
19    No person may have in his possession any firearm not
20authorized by administrative rule for a specific hunting season
21when taking deer.
22    Persons having a firearm deer hunting permit shall be
23permitted to take deer only during the period from 1/2 hour
24before sunrise to 1/2 hour after sunset, and only during those
25days for which an open season is established for the taking of
26deer by use of shotgun, handgun, or muzzle loading rifle.

 

 

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1    Persons having an archery deer hunting permit shall be
2permitted to take deer only during the period from 1/2 hour
3before sunrise to 1/2 hour after sunset, and only during those
4days for which an open season is established for the taking of
5deer by use of bow and arrow.
6    It shall be unlawful for any person to take deer by use of
7dogs, horses, automobiles, aircraft or other vehicles, or by
8the use of salt or bait of any kind. For the purposes of this
9Section, "bait", when used as a noun, means any product,
10vegetable or mineral, salt or sodium-based, grain, fruit,
11nutrient, vegetation, or other source that can be ingested,
12solid or liquid, placed or scattered, in such a manner as to
13attract or lure deer. The use of products designed for scent
14only and not capable of ingestion shall not constitute bait.
15"Bait", when used as a verb, means the placement or scattering
16of bait to attract deer. An area is considered as baited during
17the presence of and for 10 consecutive days following the
18removal of bait. Nothing in this Section shall prohibit the use
19of a dog to track wounded deer. Any person using a dog for
20tracking wounded deer must maintain physical control of the dog
21at all times by means of a maximum 50 foot lead attached to the
22dog's collar or harness. Tracking wounded deer is permissible
23at night, but at no time outside of legal deer hunting hours or
24seasons shall any person handling or accompanying a dog being
25used for tracking wounded deer be in possession of any firearm
26or archery device. Persons tracking wounded deer with a dog

 

 

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1during the firearm deer seasons shall wear blaze orange as
2required. Dog handlers tracking wounded deer with a dog are
3exempt from hunting license and deer permit requirements so
4long as they are accompanied by the licensed deer hunter who
5wounded the deer.
6    It shall be unlawful to possess or transport any wild deer
7which has been injured or killed in any manner upon a public
8highway or public right-of-way of this State unless exempted by
9administrative rule.
10    Persons hunting deer must have gun unloaded and no bow and
11arrow device shall be carried with the arrow in the nocked
12position during hours when deer hunting is unlawful.
13    It shall be unlawful for any person, having taken the legal
14limit of deer by gun, to further participate with gun in any
15deer hunting party.
16    It shall be unlawful for any person, having taken the legal
17limit of deer by bow and arrow, to further participate with bow
18and arrow in any deer hunting party.
19    The Department may prohibit upland game hunting during the
20gun deer season by administrative rule.
21    The Department shall not limit the number of non-resident
22either sex archery deer hunting permits to less than 20,000.
23    It shall be legal for handicapped persons, as defined in
24Section 2.33, and persons age 62 or older to utilize a crossbow
25device, as defined in Department rules, to take deer.
26    Any person who violates any of the provisions of this

 

 

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1Section, including administrative rules, shall be guilty of a
2Class B misdemeanor.
3    For the purposes of calculating acreage under this Section,
4the Department shall, after determining the total acreage of
5the applicable tract or tracts of land, round remaining
6fractional portions of an acre greater than or equal to half of
7an acre up to the next whole acre.
8(Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07;
995-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
1096-1042, eff. 1-1-11.)