Full Text of HB2521 94th General Assembly
HB2521 94TH GENERAL ASSEMBLY
|
|
|
94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB2521
Introduced 2/18/2005, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
|
520 ILCS 5/2.26 |
from Ch. 61, par. 2.26 |
|
Amends the Wildlife Code. Requires that deer hunting permits be issued without charge to the lineal descendants of an Illinois resident who owns at least 40 acres of Illinois land, provided that the lineal descendants hunt only upon that landowner's land.
|
| |
|
|
| FISCAL NOTE ACT MAY APPLY | |
|
|
A BILL FOR
|
|
|
|
|
HB2521 |
|
LRB094 10696 JAM 41091 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 Section | 5 |
| 2.26 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 | 8 |
| fide equity shareholder" means an individual who (1) purchased, | 9 |
| for
market price, publicly sold stock shares in a corporation,
| 10 |
| purchased shares of a privately-held corporation for a value
| 11 |
| equal to the percentage of the appraised value of the corporate | 12 |
| assets
represented by the ownership in the corporation, or is a | 13 |
| member of a
closely-held family-owned corporation and has | 14 |
| purchased or been gifted with
shares of stock in the | 15 |
| corporation accurately reflecting his or her
percentage of | 16 |
| ownership and (2) intends to retain the ownership of the
shares | 17 |
| of stock for at least 5 years.
| 18 |
| In this Section, "bona fide equity member" means an | 19 |
| individual who (1) (i)
became a member
upon
the formation of | 20 |
| the limited liability company or (ii) has purchased a
| 21 |
| distributional interest in a limited liability company for a | 22 |
| value equal to the
percentage of the appraised value of the LLC | 23 |
| assets represented by the
distributional interest in the LLC | 24 |
| and subsequently becomes a member of the
company
pursuant to | 25 |
| Article 30 of the Limited Liability Company Act and who (2)
| 26 |
| intends to retain the membership for at least 5 years.
| 27 |
| In this Section, "bona fide equity partner" means an | 28 |
| individual who (1) (i) became a partner, either general or | 29 |
| limited, upon the formation of a partnership or limited | 30 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 31 |
| partnership interest accurately representing his or her | 32 |
| percentage distributional interest in the profits, losses, and |
|
|
|
HB2521 |
- 2 - |
LRB094 10696 JAM 41091 b |
|
| 1 |
| assets of a partnership or limited partnership, (2) intends to | 2 |
| retain ownership of the partnership interest for at least 5 | 3 |
| years, and (3) is a resident of Illinois.
| 4 |
| Any person attempting to take deer shall first obtain a | 5 |
| "Deer
Hunting Permit" in accordance with prescribed | 6 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 7 |
| Permits shall be issued by the Department.
The fee for a Deer | 8 |
| Hunting Permit to take deer with either bow and arrow or gun
| 9 |
| shall not exceed $15.00 for residents of the State. The | 10 |
| Department may by
administrative rule provide for non-resident | 11 |
| deer hunting permits for which the
fee will not exceed $200 | 12 |
| except as provided below for non-resident landowners
and | 13 |
| non-resident archery hunters. The Department may by
| 14 |
| administrative rule provide for a non-resident archery deer | 15 |
| permit consisting
of not more than 2 harvest tags at a total | 16 |
| cost not to exceed $225.
Permits shall be issued without charge | 17 |
| to:
| 18 |
| (a) Illinois landowners residing in Illinois who own at | 19 |
| least 40 acres of
Illinois land and wish to hunt their land | 20 |
| only,
| 21 |
| (a-5) The lineal descendants of a person described in | 22 |
| paragraph (a), but only for hunting land owned by the | 23 |
| person described in paragraph (a) of whom they are lineal | 24 |
| descendants,
| 25 |
| (b) resident tenants of at least 40 acres of commercial | 26 |
| agricultural land
where they will hunt, and
| 27 |
| (c) Bona fide equity shareholders of a corporation,
| 28 |
| bona fide
equity
members of a limited liability
company, or | 29 |
| bona fide equity partners of a general or limited | 30 |
| partnership
which owns at least 40 acres of land
in a | 31 |
| county in Illinois who wish to hunt on the corporation's, | 32 |
| company's, or partnership's land only.
One permit shall be | 33 |
| issued without charge to one bona fide equity
shareholder, | 34 |
| one bona fide equity member, or one bona fide equity | 35 |
| partner for each 40
acres of land owned by the corporation, | 36 |
| company, or partnership in
a county; however, the number of
|
|
|
|
HB2521 |
- 3 - |
LRB094 10696 JAM 41091 b |
|
| 1 |
| permits issued without charge to bona fide equity | 2 |
| shareholders of any
corporation or bona fide equity members
| 3 |
| of a limited
liability company in any
county shall not | 4 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 5 |
| equity partners of a partnership.
| 6 |
| Bona fide landowners (and their lineal descendants) or | 7 |
| tenants who do not wish to hunt only on the land
they own, | 8 |
| rent , or lease or bona fide equity shareholders, bona fide
| 9 |
| equity
members, or bona fide equity partners who do not wish to | 10 |
| hunt
only on the
land owned by the corporation, limited | 11 |
| liability company, or partnership
shall be
charged the same fee | 12 |
| as the
applicant who is not a landowner, landowner's lineal | 13 |
| descendant, tenant, bona fide equity
shareholder,
bona fide | 14 |
| equity member, or bona fide equity partner. Nonresidents
of
| 15 |
| Illinois who own at least 40 acres of land and wish to hunt on | 16 |
| their land only
shall be charged a fee set by administrative | 17 |
| rule. The method for
obtaining these permits shall be | 18 |
| prescribed by administrative rule.
| 19 |
| The deer hunting permit issued without fee shall be valid | 20 |
| on
all farm lands which the person to whom it is issued owns, | 21 |
| leases or rents,
except that in the case of a permit issued to | 22 |
| a bona fide equity
shareholder, bona fide equity member, or | 23 |
| bona fide equity partner, the
permit shall
be valid on all | 24 |
| lands owned by the corporation, limited liability
company, or | 25 |
| partnership in the county.
| 26 |
| The standards and specifications for use of guns and bow | 27 |
| and arrow for
deer hunting shall be established by | 28 |
| administrative rule.
| 29 |
| No person may have in his possession any firearm not | 30 |
| authorized by
administrative rule for a specific hunting season | 31 |
| when taking deer.
| 32 |
| Persons having a firearm deer hunting permit shall be | 33 |
| permitted to
take deer only during the period from 1/2 hour | 34 |
| before sunrise to
sunset, and only during those days for which | 35 |
| an open season is
established for the taking of deer by use of | 36 |
| shotgun, handgun, or muzzle
loading
rifle.
|
|
|
|
HB2521 |
- 4 - |
LRB094 10696 JAM 41091 b |
|
| 1 |
| Persons having an archery deer hunting permit shall be | 2 |
| permitted to
take deer only during the period from 1/2 hour | 3 |
| before sunrise to 1/2 hour
after sunset, and only during those | 4 |
| days for which an open season is
established for the taking of | 5 |
| deer by use of bow and arrow.
| 6 |
| It shall be unlawful for any person to take deer by use of | 7 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 8 |
| the use of salt
or bait of any kind. An area is considered as | 9 |
| baited during the presence
of and for 10 consecutive days | 10 |
| following the removal of bait. Nothing in this Section shall | 11 |
| prohibit the use of a dog to track wounded deer. Any person | 12 |
| using a dog for tracking wounded deer must maintain physical | 13 |
| control of the dog at all times by means of a maximum 50 foot | 14 |
| lead attached to the dog's collar or harness. Tracking wounded | 15 |
| deer is permissible at night, but at no time outside of legal | 16 |
| deer hunting hours or seasons shall any person handling or | 17 |
| accompanying a dog being used for tracking wounded deer be in | 18 |
| possession of any firearm or archery device. Persons tracking | 19 |
| wounded deer with a dog during the firearm deer seasons shall | 20 |
| wear blaze orange as required. Dog handlers tracking wounded | 21 |
| deer with a dog are exempt from hunting license and deer permit | 22 |
| requirements so long as they are accompanied by the licensed | 23 |
| deer hunter who wounded the deer.
| 24 |
| It shall be unlawful to possess or transport any wild deer | 25 |
| which has
been injured or killed in any manner upon a public | 26 |
| highway or public
right-of-way of this State unless exempted by | 27 |
| administrative rule.
| 28 |
| Persons hunting deer must have gun unloaded and no bow and | 29 |
| arrow
device shall be carried with the arrow in the nocked | 30 |
| position during
hours when deer hunting is unlawful.
| 31 |
| It shall be unlawful for any person, having taken the legal | 32 |
| limit of
deer by gun, to further participate with gun in any | 33 |
| deer hunting party.
| 34 |
| It shall be unlawful for any person, having taken the legal | 35 |
| limit
of deer by bow and arrow, to further participate with bow | 36 |
| and arrow in any
deer hunting party.
|
|
|
|
HB2521 |
- 5 - |
LRB094 10696 JAM 41091 b |
|
| 1 |
| The Department may prohibit upland game hunting during the | 2 |
| gun deer
season by administrative rule.
| 3 |
| It shall be legal for handicapped persons, as defined in | 4 |
| Section 2.33, to
utilize a crossbow device, as defined in | 5 |
| Department rules, to take deer.
| 6 |
| Any person who violates any of the provisions of this | 7 |
| Section,
including administrative rules, shall be guilty of a | 8 |
| Class B misdemeanor.
| 9 |
| (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; | 10 |
| 92-651, eff. 7-11-02; 93-554, eff. 8-20-03; 93-807, eff. | 11 |
| 7-24-04; 93-823, eff. 1-1-05; revised 10-14-04.)
|
|