97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3316

 

Introduced 2/7/2012, by Sen. John O. Jones

 

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

    Amends the Wildlife Code. Provides that the Department of Natural Resources's rules concerning a "Deer Hunting Permit" shall provide that a hunter shall be issued an antlerless deer permit prior to the issuance of an antlered deer permit. Provides that a hunter must contact the Department and report to the Department the taking of 2 antlerless deer before a hunter may be issued a permit to take an antlered deer. Removes language concerning deer hunting permits that are issued as (i) a combination permit, (ii) a single antlerless-only permit, and (iii) a single either-sex permit.


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A BILL FOR

 

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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 Section
52.26 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
17of stock for at least 5 years.
18    In this Section, "bona fide equity member" means an
19individual who (1) (i) became a member upon the formation of
20the limited liability company or (ii) has purchased a
21distributional interest in a limited liability company for a
22value equal to the percentage of the appraised value of the LLC
23assets represented by the distributional interest in the LLC

 

 

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1and subsequently becomes a member of the company pursuant to
2Article 30 of the Limited Liability Company Act and who (2)
3intends to retain the membership for at least 5 years.
4    In this Section, "bona fide equity partner" means an
5individual who (1) (i) became a partner, either general or
6limited, upon the formation of a partnership or limited
7partnership, or (ii) has purchased, acquired, or been gifted a
8partnership interest accurately representing his or her
9percentage distributional interest in the profits, losses, and
10assets of a partnership or limited partnership, (2) intends to
11retain ownership of the partnership interest for at least 5
12years, and (3) is a resident of Illinois.
13    Any person attempting to take deer shall first obtain a
14"Deer Hunting Permit" issued by the Department in accordance
15with its administrative rules. Those rules must provide for the
16issuance of an antlerless deer permit prior to the issuance of
17an antlered deer permit. A hunter must contact the Department
18and report to the Department the taking of 2 antlerless deer
19before a hunter may be issued a permit to take an antlered
20deer. the following types of resident deer archery permits: (i)
21a combination permit, consisting of one either-sex permit and
22one antlerless-only permit, (ii) a single antlerless-only
23permit, and (iii) a single either-sex permit. The fee for a
24Deer Hunting Permit to take deer with either bow and arrow or
25gun shall not exceed $25.00 for residents of the State. The
26Department may by administrative rule provide for non-resident

 

 

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1deer hunting permits for which the fee will not exceed $300 in
22005, $350 in 2006, and $400 in 2007 and thereafter except as
3provided below for non-resident landowners and non-resident
4archery hunters. The Department may by administrative rule
5provide for a non-resident archery deer permit consisting of
6not more than 2 harvest tags at a total cost not to exceed $325
7in 2005, $375 in 2006, and $425 in 2007 and thereafter. Permits
8shall be issued without charge to:
9        (a) Illinois landowners residing in Illinois who own at
10    least 40 acres of Illinois land and wish to hunt their land
11    only,
12        (b) resident tenants of at least 40 acres of commercial
13    agricultural land where they will hunt, and
14        (c) Bona fide equity shareholders of a corporation,
15    bona fide equity members of a limited liability company, or
16    bona fide equity partners of a general or limited
17    partnership which owns at least 40 acres of land in a
18    county in Illinois who wish to hunt on the corporation's,
19    company's, or partnership's land only. One permit shall be
20    issued without charge to one bona fide equity shareholder,
21    one bona fide equity member, or one bona fide equity
22    partner for each 40 acres of land owned by the corporation,
23    company, or partnership in a county; however, the number of
24    permits issued without charge to bona fide equity
25    shareholders of any corporation or bona fide equity members
26    of a limited liability company in any county shall not

 

 

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1    exceed 15, and shall not exceed 3 in the case of bona fide
2    equity partners of a partnership.
3    Bona fide landowners or tenants who do not wish to hunt
4only on the land they own, rent, or lease or bona fide equity
5shareholders, bona fide equity members, or bona fide equity
6partners who do not wish to hunt only on the land owned by the
7corporation, limited liability company, or partnership shall
8be charged the same fee as the applicant who is not a
9landowner, tenant, bona fide equity shareholder, bona fide
10equity member, or bona fide equity partner. Nonresidents of
11Illinois who own at least 40 acres of land and wish to hunt on
12their land only shall be charged a fee set by administrative
13rule. The method for obtaining these permits shall be
14prescribed by administrative rule.
15    The deer hunting permit issued without fee shall be valid
16on all farm lands which the person to whom it is issued owns,
17leases or rents, except that in the case of a permit issued to
18a bona fide equity shareholder, bona fide equity member, or
19bona fide equity partner, the permit shall be valid on all
20lands owned by the corporation, limited liability company, or
21partnership in the county.
22    The standards and specifications for use of guns and bow
23and arrow for deer hunting shall be established by
24administrative rule.
25    No person may have in his possession any firearm not
26authorized by administrative rule for a specific hunting season

 

 

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1when taking deer.
2    Persons having a firearm deer hunting permit shall be
3permitted to take deer only during the period from 1/2 hour
4before sunrise to 1/2 hour after sunset, and only during those
5days for which an open season is established for the taking of
6deer by use of shotgun, handgun, or muzzle loading rifle.
7    Persons having an archery deer hunting permit shall be
8permitted to take deer only during the period from 1/2 hour
9before sunrise to 1/2 hour after sunset, and only during those
10days for which an open season is established for the taking of
11deer by use of bow and arrow.
12    It shall be unlawful for any person to take deer by use of
13dogs, horses, automobiles, aircraft or other vehicles, or by
14the use or aid of bait or baiting of any kind. For the purposes
15of this Section, "bait" means any material, whether liquid or
16solid, including food, salt, minerals, and other products that
17can be ingested, placed, or scattered in such a manner as to
18attract or lure white-tailed deer. "Baiting" means the
19placement or scattering of bait to attract deer. An area is
20considered as baited during the presence of and for 10
21consecutive days following the removal of bait. Nothing in this
22Section shall prohibit the use of a dog to track wounded deer.
23Any person using a dog for tracking wounded deer must maintain
24physical control of the dog at all times by means of a maximum
2550 foot lead attached to the dog's collar or harness. Tracking
26wounded deer is permissible at night, but at no time outside of

 

 

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

 

 

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1Section 2.33, and persons age 62 or older to utilize a crossbow
2device, as defined in Department rules, to take deer.
3    Any person who violates any of the provisions of this
4Section, including administrative rules, shall be guilty of a
5Class B misdemeanor.
6    For the purposes of calculating acreage under this Section,
7the Department shall, after determining the total acreage of
8the applicable tract or tracts of land, round remaining
9fractional portions of an acre greater than or equal to half of
10an acre up to the next whole acre.
11    For the purposes of taking white-tailed deer, nothing in
12this Section shall be construed to prevent the manipulation,
13including mowing or cutting, of standing crops as a normal
14agricultural or soil stabilization practice, food plots, or
15normal agricultural practices, including planting, harvesting,
16and maintenance such as cultivating or the use of products
17designed for scent only and not capable of ingestion, solid or
18liquid, placed or scattered, in such a manner as to attract or
19lure deer. Such manipulation for the purpose of taking
20white-tailed deer may be further modified by administrative
21rule.
22(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
2396-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)