Full Text of HB1074 94th General Assembly
HB1074ham001 94TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Filed: 3/8/2005
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| AMENDMENT TO HOUSE BILL 1074
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| AMENDMENT NO. ______. Amend House Bill 1074 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by adding | 5 |
| Section 5.640 as follows: | 6 |
| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Illinois Department of Natural Resources | 8 |
| Permitting Revolving Fund.
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| Section 10. The Fish and Aquatic Life Code is amended by | 10 |
| changing Section 1-75 as follows:
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| (515 ILCS 5/1-75) (from Ch. 56, par. 1-75)
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| Sec. 1-75. Resident. "Resident" means a person who in good | 13 |
| faith makes
application for any license or permit and verifies | 14 |
| by statement that he or
she has maintained his or her permanent | 15 |
| abode in this State for a period of at least 30 consecutive | 16 |
| days immediately preceding the person's application, and who | 17 |
| does not maintain permanent abode or claim residency in another | 18 |
| state for the purposes of obtaining any of the same or similar | 19 |
| licenses or permits covered by this Code
actually resided in | 20 |
| this State for at least the 30 consecutive days
before the date | 21 |
| of application and that his or her residence or permanent
abode | 22 |
| is, at the time of making application, in this State . A |
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| person's permanent abode is his or her fixed and permanent | 2 |
| dwelling place, as distinguished from a temporary or transient | 3 |
| place of residence. Domiciliary intent is required to establish | 4 |
| that the person is maintaining his or her permanent abode in | 5 |
| this State. Evidence of domiciliary intent includes, but is not | 6 |
| limited to, the location where the person votes, pays personal | 7 |
| income tax, or obtains a drivers license. Except for the | 8 |
| purposes of obtaining a Lifetime License, any
Any person on
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| active duty in the Armed Forces shall be considered a resident | 10 |
| of Illinois
during his or her period of military duty.
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| (Source: P.A. 87-833.)
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| Section 15. The Wildlife Code is amended by changing | 13 |
| Sections 1.2m, 2.26, and 3.37 as follows:
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| (520 ILCS 5/1.2m) (from Ch. 61, par. 1.2m)
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| Sec. 1.2m. "Resident" means a person who in good faith | 16 |
| makes application for any
license or permit and verifies by | 17 |
| statement that he or she has maintained his or her permanent | 18 |
| abode in this State for a period of at least 30 consecutive | 19 |
| days immediately preceding the person's application, and who | 20 |
| does not maintain permanent abode or claim residency in another | 21 |
| state for the purposes of obtaining any of the same or similar | 22 |
| licenses or permits covered by this Code
actually resided
in | 23 |
| this State at least 30 days consecutively preceding the date of | 24 |
| his
application and that his residence or permanent abode is, | 25 |
| at the time of
making application, in this State . A person's | 26 |
| permanent abode is his or her fixed and permanent dwelling | 27 |
| place, as distinguished from a temporary or transient place of | 28 |
| residence. Domiciliary intent is required to establish that the | 29 |
| person is maintaining his or her permanent abode in this State. | 30 |
| Evidence of domiciliary intent includes, but is not limited to, | 31 |
| the location where the person votes, pays personal income tax, | 32 |
| or obtains a drivers license. Except for the purposes of |
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| obtaining a Lifetime License, any
Any person on active duty in | 2 |
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Armed Forces shall be considered a resident of Illinois | 3 |
| during his or
her period of military duty.
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| (Source: P.A. 81-382.)
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| Sec. 2.26. Deer hunting permits. In this Section,
"bona | 7 |
| fide equity shareholder" means an individual who (1) purchased, | 8 |
| for
market price, publicly sold stock shares in a corporation,
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| purchased shares of a privately-held corporation for a value
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| equal to the percentage of the appraised value of the corporate | 11 |
| assets
represented by the ownership in the corporation, or is a | 12 |
| member of a
closely-held family-owned corporation and has | 13 |
| purchased or been gifted with
shares of stock in the | 14 |
| corporation accurately reflecting his or her
percentage of | 15 |
| ownership and (2) intends to retain the ownership of the
shares | 16 |
| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an | 18 |
| individual who (1) (i)
became a member
upon
the formation of | 19 |
| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a | 21 |
| value equal to the
percentage of the appraised value of the LLC | 22 |
| assets represented by the
distributional interest in the LLC | 23 |
| and subsequently becomes a member of the
company
pursuant to | 24 |
| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| In this Section, "bona fide equity partner" means an | 27 |
| individual who (1) (i) became a partner, either general or | 28 |
| limited, upon the formation of a partnership or limited | 29 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 30 |
| partnership interest accurately representing his or her | 31 |
| percentage distributional interest in the profits, losses, and | 32 |
| assets of a partnership or limited partnership, (2) intends to | 33 |
| retain ownership of the partnership interest for at least 5 |
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| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a | 3 |
| "Deer
Hunting Permit" in accordance with prescribed | 4 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 5 |
| Permits shall be issued by the Department.
The fee for a Deer | 6 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $15.00 for residents of the State. The | 8 |
| Department may by
administrative rule provide for non-resident | 9 |
| deer hunting permits for which the
fee will not exceed $395
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| $200 except as provided below for non-resident landowners
and | 11 |
| non-resident archery hunters. The Department may by
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| administrative rule provide for a non-resident archery deer | 13 |
| permit consisting
of not more than 2 harvest tags at a total | 14 |
| cost not to exceed $420
$225 .
Permits shall be issued without | 15 |
| charge to:
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| (a) Illinois landowners residing in Illinois who own at | 17 |
| least 40 acres of
Illinois land and wish to hunt their land | 18 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 20 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation,
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| bona fide
equity
members of a limited liability
company, or | 23 |
| bona fide equity partners of a general or limited | 24 |
| partnership
which owns at least 40 acres of land
in a | 25 |
| county in Illinois who wish to hunt on the corporation's, | 26 |
| company's, or partnership's land only.
One permit shall be | 27 |
| issued without charge to one bona fide equity
shareholder, | 28 |
| one bona fide equity member, or one bona fide equity | 29 |
| partner for each 40
acres of land owned by the corporation, | 30 |
| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity | 32 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 34 |
| exceed 15, and shall not exceed 3 in the case of bona fide |
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| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 3 |
| only on the land
they own, rent , or lease or bona fide equity | 4 |
| shareholders, bona fide
equity
members, or bona fide equity | 5 |
| partners who do not wish to hunt
only on the
land owned by the | 6 |
| corporation, limited liability company, or partnership
shall | 7 |
| be
charged the same fee as the
applicant who is not a | 8 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 9 |
| equity member, or bona fide equity partner. Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on | 11 |
| their land only
shall be charged a fee set by administrative | 12 |
| rule. The method for
obtaining these permits shall be | 13 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 15 |
| on
all farm lands which the person to whom it is issued owns, | 16 |
| leases or rents,
except that in the case of a permit issued to | 17 |
| a bona fide equity
shareholder, bona fide equity member, or | 18 |
| bona fide equity partner, the
permit shall
be valid on all | 19 |
| lands owned by the corporation, limited liability
company, or | 20 |
| partnership in the county.
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| The standards and specifications for use of guns and bow | 22 |
| and arrow for
deer hunting shall be established by | 23 |
| administrative rule.
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| No person may have in his possession any firearm not | 25 |
| authorized by
administrative rule for a specific hunting season | 26 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 28 |
| permitted to
take deer only during the period from 1/2 hour | 29 |
| before sunrise to
sunset, and only during those days for which | 30 |
| an open season is
established for the taking of deer by use of | 31 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 33 |
| permitted to
take deer only during the period from 1/2 hour | 34 |
| before sunrise to 1/2 hour
after sunset, and only during those |
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| days for which an open season is
established for the taking of | 2 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 4 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 5 |
| the use of salt
or bait of any kind. An area is considered as | 6 |
| baited during the presence
of and for 10 consecutive days | 7 |
| following the removal of bait. Nothing in this Section shall | 8 |
| prohibit the use of a dog to track wounded deer. Any person | 9 |
| using a dog for tracking wounded deer must maintain physical | 10 |
| control of the dog at all times by means of a maximum 50 foot | 11 |
| lead attached to the dog's collar or harness. Tracking wounded | 12 |
| deer is permissible at night, but at no time outside of legal | 13 |
| deer hunting hours or seasons shall any person handling or | 14 |
| accompanying a dog being used for tracking wounded deer be in | 15 |
| possession of any firearm or archery device. Persons tracking | 16 |
| wounded deer with a dog during the firearm deer seasons shall | 17 |
| wear blaze orange as required. Dog handlers tracking wounded | 18 |
| deer with a dog are exempt from hunting license and deer permit | 19 |
| requirements so long as they are accompanied by the licensed | 20 |
| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 22 |
| which has
been injured or killed in any manner upon a public | 23 |
| highway or public
right-of-way of this State unless exempted by | 24 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 26 |
| arrow
device shall be carried with the arrow in the nocked | 27 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 29 |
| limit of
deer by gun, to further participate with gun in any | 30 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 32 |
| limit
of deer by bow and arrow, to further participate with bow | 33 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the |
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| gun deer
season by administrative rule.
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| It shall be legal for handicapped persons, as defined in | 3 |
| Section 2.33, to
utilize a crossbow device, as defined in | 4 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 6 |
| Section,
including administrative rules, shall be guilty of a | 7 |
| Class B misdemeanor.
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| (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; | 9 |
| 92-651, eff. 7-11-02; 93-554, eff. 8-20-03; 93-807, eff. | 10 |
| 7-24-04; 93-823, eff. 1-1-05; revised 10-14-04.)
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| (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
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| Sec. 3.37. The Department of Natural Resources has the
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| authority to designate agents to sell licenses, stamps and | 14 |
| permits on behalf of
the Department. Any person receiving | 15 |
| licenses from the Department for sale as
provided for in this | 16 |
| Section, shall execute and deliver receipts therefor; and
shall | 17 |
| on dates specified by the Department report in
writing to the | 18 |
| Department the number and kind of licenses sold, and
shall, | 19 |
| with such reports, make remittances to the Department covering
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| the amounts received from such sales. Failure on the part of | 21 |
| any clerk
or agent to fully comply with this Act, including | 22 |
| administrative rules,
shall be justification for the | 23 |
| Department to cancel or withdraw the
issuance of licenses | 24 |
| through such clerks or agents. A Federal Migratory
Bird Hunting | 25 |
| and Conservation Stamp shall be deemed a license for the
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| purpose of this Section. Any person authorized by the | 27 |
| Department including any
county, city, village, township, or | 28 |
| incorporated town clerk issuing licenses,
permits or stamps | 29 |
| provided for in this Act, may add the following as the fees
for | 30 |
| issuing such licenses: 75 cents in the case of Sportsmen's | 31 |
| Combination
Licenses or nonresident hunting licenses, and 50 | 32 |
| cents in the case of all
other licenses, permits and stamps. | 33 |
| However, such clerks shall remit to the
treasurer of the |
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| political subdivision of which he is an officer or employee,
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| the added fees or any portion thereof he or she collects | 3 |
| provided in this
Section. Issuing fees may be divided between | 4 |
| such clerks and their appointed
subagents other than employees | 5 |
| of the clerk's office, but in no case may any
clerk or subagent | 6 |
| charge an issuing fee or fees totaling more than the issuing
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| fee set out in this Section. No person, or subagent of any | 8 |
| county, city,
village, township or incorporated town clerk may | 9 |
| charge a service fee for
issuing licenses provided for in this | 10 |
| Act, and the charging of fees for issuing
such licenses in | 11 |
| excess of the fees authorized is a petty offense. All
fees, | 12 |
| less issuing fees, collected from the sale of licenses and | 13 |
| permits
and not remitted to
the Department as provided in this | 14 |
| Section, shall be deemed to have been
embezzled and the person | 15 |
| or officer responsible for such remittance is
subject to | 16 |
| prosecution.
Any person authorized to issue licenses by | 17 |
| telephone and electronic
transmission or incurring costs for | 18 |
| customer convenience may charge in addition
to the "issuing | 19 |
| fee" authorized by this Section a fee not to exceed an amount
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| set by the Department, by administrative rule, to cover the | 21 |
| transaction cost.
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| The Department may establish and collect a reasonable fee | 23 |
| (application fee) for the processing and handling of | 24 |
| applications for permits and licenses. The fees collected shall | 25 |
| be deposited into the Illinois Department of Natural Resources | 26 |
| Permitting Revolving Fund and are not to exceed defraying costs | 27 |
| associated with processing, handling, and mailing of refunds of | 28 |
| permits and licenses and costs associated with automated fish | 29 |
| and wildlife data systems. Fees collected by the Department | 30 |
| shall not exceed 5% of the costs of fees charged for the | 31 |
| purchase of permits or licenses.
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| (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97; | 33 |
| 90-743, eff.
1-1-99.)
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
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