HB2340 - 104th General Assembly
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| 1 | AMENDMENT TO HOUSE BILL 2340 | ||||||
| 2 | AMENDMENT NO. ______. Amend House Bill 2340 by replacing | ||||||
| 3 | everything after the enacting clause with the following: | ||||||
| 4 | "Section 5. The Wildlife Code is amended by changing | ||||||
| 5 | Section 3.1-6 as follows: | ||||||
| 6 | (520 ILCS 5/3.1-6) | ||||||
| 7 | Sec. 3.1-6. Special deer, turkey, and combination hunting | ||||||
| 8 | licenses. | ||||||
| 9 | (a) For the purpose of this Section: | ||||||
| 10 | "Bona fide equity member" means an individual who: | ||||||
| 11 | (1) (i) became a member upon the formation of the | ||||||
| 12 | limited liability company or (ii) has purchased a | ||||||
| 13 | distributional interest in a limited liability company for | ||||||
| 14 | a value equal to the percentage of the appraised value of | ||||||
| 15 | the LLC assets represented by the distributional interest | ||||||
| 16 | in the LLC and subsequently becomes a member of the | ||||||
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| 1 | company under Article 30 of the Limited Liability Company | ||||||
| 2 | Act; and | ||||||
| 3 | (2) intends to retain the membership for at least 5 | ||||||
| 4 | years. | ||||||
| 5 | "Bona fide equity partner" means an individual who: | ||||||
| 6 | (1) (i) became a partner, either general or limited, | ||||||
| 7 | upon the formation of a partnership or limited | ||||||
| 8 | partnership, or (ii) has purchased, acquired, or been | ||||||
| 9 | gifted a partnership interest accurately representing his | ||||||
| 10 | or her percentage distributional interest in the profits, | ||||||
| 11 | losses, and assets of a partnership or limited | ||||||
| 12 | partnership; | ||||||
| 13 | (2) intends to retain ownership of the partnership | ||||||
| 14 | interest for at least 5 years; and | ||||||
| 15 | (3) is a resident of this State. | ||||||
| 16 | "Bona fide equity shareholder" means an individual who: | ||||||
| 17 | (1) purchased, for market price, publicly sold stock | ||||||
| 18 | shares in a corporation, purchased shares of a | ||||||
| 19 | privately-held corporation for a value equal to the | ||||||
| 20 | percentage of the appraised value of the corporate assets | ||||||
| 21 | represented by the ownership in the corporation, or is a | ||||||
| 22 | member of a closely-held family-owned corporation and has | ||||||
| 23 | purchased or been gifted with shares of stock in the | ||||||
| 24 | corporation accurately reflecting his or her percentage of | ||||||
| 25 | ownership; and | ||||||
| 26 | (2) intends to retain the ownership of the shares of | ||||||
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| 1 | stock for at least 5 years. | ||||||
| 2 | (b) Landowner Deer, Turkey, and combination permits shall | ||||||
| 3 | be issued without charge to: | ||||||
| 4 | (1) Illinois landowners residing in this State who own | ||||||
| 5 | at least 40 acres of Illinois land and wish to hunt upon | ||||||
| 6 | their land only; | ||||||
| 7 | (2) resident tenants of at least 40 acres of | ||||||
| 8 | commercial agricultural land where they will hunt; and | ||||||
| 9 | (3) bona fide equity shareholders of a corporation, | ||||||
| 10 | bona fide equity members of a limited liability company, | ||||||
| 11 | or bona fide equity partners of a general or limited | ||||||
| 12 | partnership which owns at least 40 acres of land in a | ||||||
| 13 | county in this State who wish to hunt on the | ||||||
| 14 | corporation's, company's, or partnership's land only. One | ||||||
| 15 | permit shall be issued without charge to one bona fide | ||||||
| 16 | equity shareholder, one bona fide equity member, or one | ||||||
| 17 | bona fide equity partner for each 40 acres of land owned by | ||||||
| 18 | the corporation, company, or partnership in a county; | ||||||
| 19 | however, the number of permits issued without charge to | ||||||
| 20 | bona fide equity shareholders of any corporation or bona | ||||||
| 21 | fide equity members of a limited liability company in any | ||||||
| 22 | county shall not exceed 15, and shall not exceed 3 in the | ||||||
| 23 | case of bona fide equity partners of a partnership. | ||||||
| 24 | Bona fide landowners or tenants who do not wish to hunt | ||||||
| 25 | only on the land they own, rent, or lease or bona fide equity | ||||||
| 26 | shareholders, bona fide equity members, or bona fide equity | ||||||
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| 1 | partners who do not wish to hunt only on the land owned by the | ||||||
| 2 | corporation, limited liability company, or partnership shall | ||||||
| 3 | be charged the same fee as the applicant who is not a | ||||||
| 4 | landowner, tenant, bona fide equity shareholder, bona fide | ||||||
| 5 | equity member, or bona fide equity partner. Nonresidents of | ||||||
| 6 | this State who own at least 40 acres of land and wish to hunt | ||||||
| 7 | on their land only shall be charged a fee set by administrative | ||||||
| 8 | rule. The method for obtaining these permits shall be | ||||||
| 9 | prescribed by administrative rule. | ||||||
| 10 | (b-5) Landowner Deer permits shall be issued without | ||||||
| 11 | charge to: | ||||||
| 12 | (1) Illinois landowners residing in this State who own | ||||||
| 13 | at least 20 acres of Illinois land that is located in a | ||||||
| 14 | county where the Department has positively identified | ||||||
| 15 | chronic wasting disease cases in the deer herd, and who | ||||||
| 16 | wish to hunt upon their land only; | ||||||
| 17 | (2) resident tenants of at least 20 acres of | ||||||
| 18 | commercial agricultural land that is located in a county | ||||||
| 19 | where the Department has positively identified chronic | ||||||
| 20 | wasting disease cases in the deer herd where they will | ||||||
| 21 | hunt and who wish to hunt upon the land they are tenants of | ||||||
| 22 | only; and | ||||||
| 23 | (3) bona fide equity shareholders of a corporation, | ||||||
| 24 | bona fide equity members of a limited liability company, | ||||||
| 25 | or bona fide equity partners of a general or limited | ||||||
| 26 | partnership which owns at least 20 acres of land in a | ||||||
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| 1 | county in this State where the Department has positively | ||||||
| 2 | identified chronic wasting disease cases in the deer herd | ||||||
| 3 | and who wish to hunt on the corporation's, company's, or | ||||||
| 4 | partnership's land only. One permit shall be issued | ||||||
| 5 | without charge to one bona fide equity shareholder, one | ||||||
| 6 | bona fide equity member, or one bona fide equity partner | ||||||
| 7 | for each 20 acres of land owned by the corporation, | ||||||
| 8 | company, or partnership in a county; however, the number | ||||||
| 9 | of permits issued without charge to bona fide equity | ||||||
| 10 | shareholders of any corporation or bona fide equity | ||||||
| 11 | members of a limited liability company in any county shall | ||||||
| 12 | not exceed 15, and shall not exceed 3 in the case of bona | ||||||
| 13 | fide equity partners of a partnership. | ||||||
| 14 | Bona fide landowners or tenants who do not wish to | ||||||
| 15 | hunt only on the land they own, rent, or lease or bona fide | ||||||
| 16 | equity shareholders, bona fide equity members, or bona | ||||||
| 17 | fide equity partners who do not wish to hunt only on the | ||||||
| 18 | land owned by the corporation, limited liability company, | ||||||
| 19 | or partnership shall be charged the same fee as the | ||||||
| 20 | applicant who is not a landowner, tenant, bona fide equity | ||||||
| 21 | shareholder, bona fide equity member, or bona fide equity | ||||||
| 22 | partner. | ||||||
| 23 | Nonresidents of this State who own at least 20 acres of | ||||||
| 24 | land where the Department has positively identified chronic | ||||||
| 25 | wasting disease cases in the deer herd and who wish to hunt on | ||||||
| 26 | their land only shall be charged a fee set by administrative | ||||||
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| 1 | rule. The method for obtaining these permits shall be | ||||||
| 2 | prescribed by administrative rule. | ||||||
| 3 | (c) The deer, turkey, or combination hunting permit issued | ||||||
| 4 | without fee shall be valid on all farm lands which the person | ||||||
| 5 | to whom it is issued owns, leases or rents, except that in the | ||||||
| 6 | case of a permit issued to a bona fide equity shareholder, bona | ||||||
| 7 | fide equity member, or bona fide equity partner, the permit | ||||||
| 8 | shall be valid on all lands owned by the corporation, limited | ||||||
| 9 | liability company, or partnership in the county. | ||||||
| 10 | (Source: P.A. 99-869, eff. 1-1-17.)". | ||||||
