Illinois General Assembly - Full Text of HB2521
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Full Text of HB2521  94th General Assembly

HB2521ham002 94TH GENERAL ASSEMBLY

Rep. Shane Cultra

Filed: 4/8/2005

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 2521

2     AMENDMENT NO. ______. Amend House Bill 2521 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Wildlife Code is amended by changing
5 Section 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

 

 

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1 Article 30 of the Limited Liability Company Act and who (2)
2 intends to retain the membership for at least 5 years.
3     In this Section, "bona fide equity partner" means an
4 individual who (1) (i) became a partner, either general or
5 limited, upon the formation of a partnership or limited
6 partnership, or (ii) has purchased, acquired, or been gifted a
7 partnership interest accurately representing his or her
8 percentage distributional interest in the profits, losses, and
9 assets of a partnership or limited partnership, (2) intends to
10 retain ownership of the partnership interest for at least 5
11 years, and (3) is a resident of Illinois.
12     Any person attempting to take deer shall first obtain a
13 "Deer Hunting Permit" in accordance with prescribed
14 regulations set forth in an Administrative Rule. Deer Hunting
15 Permits shall be issued by the Department. The fee for a Deer
16 Hunting Permit to take deer with either bow and arrow or gun
17 shall not exceed $15.00 for residents of the State. The
18 Department may by administrative rule provide for non-resident
19 deer hunting permits for which the fee will not exceed $200
20 except as provided below for non-resident landowners and
21 non-resident archery hunters. The Department may by
22 administrative rule provide for a non-resident archery deer
23 permit consisting of not more than 2 harvest tags at a total
24 cost not to exceed $225. Permits shall be issued without charge
25 to:
26         (a) Illinois landowners residing in Illinois who own at
27     least 40 acres of Illinois land and wish to hunt their land
28     only,
29         (b) resident tenants of at least 40 acres of commercial
30     agricultural land where they will hunt, and
31         (c) Bona fide equity shareholders of a corporation,
32     bona fide equity members of a limited liability company, or
33     bona fide equity partners of a general or limited
34     partnership which owns at least 40 acres of land in a

 

 

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1     county in Illinois who wish to hunt on the corporation's,
2     company's, or partnership's land only. One permit shall be
3     issued without charge to one bona fide equity shareholder,
4     one bona fide equity member, or one bona fide equity
5     partner for each 40 acres of land owned by the corporation,
6     company, or partnership in a county; however, the number of
7     permits issued without charge to bona fide equity
8     shareholders of any corporation or bona fide equity members
9     of a limited liability company in any county shall not
10     exceed 15, and shall not exceed 3 in the case of bona fide
11     equity partners of a partnership.
12     Bona fide landowners or tenants who do not wish to hunt
13 only on the land they own, rent, or lease or bona fide equity
14 shareholders, bona fide equity members, or bona fide equity
15 partners who do not wish to hunt only on the land owned by the
16 corporation, limited liability company, or partnership shall
17 be charged the same fee as the applicant who is not a
18 landowner, tenant, bona fide equity shareholder, bona fide
19 equity member, or bona fide equity partner. Nonresidents of
20 Illinois who own at least 40 acres of land and wish to hunt on
21 their land only shall be charged a fee set by administrative
22 rule. The method for obtaining these permits shall be
23 prescribed by administrative rule.
24     The deer hunting permit issued without fee shall be valid
25 on all farm lands which the person to whom it is issued owns,
26 leases or rents, except that in the case of a permit issued to
27 a bona fide equity shareholder, bona fide equity member, or
28 bona fide equity partner, the permit shall be valid on all
29 lands owned by the corporation, limited liability company, or
30 partnership in the county.
31     The Department of Natural Resources shall conduct a
32 one-year pilot program with respect to the 2006 deer hunting
33 season under which a landowner described in paragraph (a) may
34 purchase up to 4 additional deer hunting permits at the

 

 

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1 appropriate resident or non-resident permit rate for hunting by
2 his or her lineal descendants who do not reside with the
3 landowner. At the time of purchase, the landowner must provide
4 a notarized affidavit signed by the landowner stating that the
5 persons for whom the landowner is purchasing the permits are
6 his or her lineal descendants. A landowner who obtains or
7 attempts to obtain one or more additional permits under the
8 program for persons who are not his or her lineal descendants
9 shall lose deer hunting permit privileges for 3 years from
10 discovery by the Department of the false claim of lineal
11 descent. Permits issued under the program are in addition to
12 any limit on deer hunting permits for the relevant county or
13 counties.
14     The standards and specifications for use of guns and bow
15 and arrow for deer hunting shall be established by
16 administrative rule.
17     No person may have in his possession any firearm not
18 authorized by administrative rule for a specific hunting season
19 when taking deer.
20     Persons having a firearm deer hunting permit shall be
21 permitted to take deer only during the period from 1/2 hour
22 before sunrise to sunset, and only during those days for which
23 an open season is established for the taking of deer by use of
24 shotgun, handgun, or muzzle loading rifle.
25     Persons having an archery deer hunting permit shall be
26 permitted to take deer only during the period from 1/2 hour
27 before sunrise to 1/2 hour after sunset, and only during those
28 days for which an open season is established for the taking of
29 deer by use of bow and arrow.
30     It shall be unlawful for any person to take deer by use of
31 dogs, horses, automobiles, aircraft or other vehicles, or by
32 the use of salt or bait of any kind. An area is considered as
33 baited during the presence of and for 10 consecutive days
34 following the removal of bait. Nothing in this Section shall

 

 

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1 prohibit the use of a dog to track wounded deer. Any person
2 using a dog for tracking wounded deer must maintain physical
3 control of the dog at all times by means of a maximum 50 foot
4 lead attached to the dog's collar or harness. Tracking wounded
5 deer is permissible at night, but at no time outside of legal
6 deer hunting hours or seasons shall any person handling or
7 accompanying a dog being used for tracking wounded deer be in
8 possession of any firearm or archery device. Persons tracking
9 wounded deer with a dog during the firearm deer seasons shall
10 wear blaze orange as required. Dog handlers tracking wounded
11 deer with a dog are exempt from hunting license and deer permit
12 requirements so long as they are accompanied by the licensed
13 deer hunter who wounded the deer.
14     It shall be unlawful to possess or transport any wild deer
15 which has been injured or killed in any manner upon a public
16 highway or public right-of-way of this State unless exempted by
17 administrative rule.
18     Persons hunting deer must have gun unloaded and no bow and
19 arrow device shall be carried with the arrow in the nocked
20 position during hours when deer hunting is unlawful.
21     It shall be unlawful for any person, having taken the legal
22 limit of deer by gun, to further participate with gun in any
23 deer hunting party.
24     It shall be unlawful for any person, having taken the legal
25 limit of deer by bow and arrow, to further participate with bow
26 and arrow in any deer hunting party.
27     The Department may prohibit upland game hunting during the
28 gun deer season by administrative rule.
29     It shall be legal for handicapped persons, as defined in
30 Section 2.33, to utilize a crossbow device, as defined in
31 Department rules, to take deer.
32     Any person who violates any of the provisions of this
33 Section, including administrative rules, shall be guilty of a
34 Class B misdemeanor.

 

 

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1 (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01;
2 92-651, eff. 7-11-02; 93-554, eff. 8-20-03; 93-807, eff.
3 7-24-04; 93-823, eff. 1-1-05; revised 10-14-04.)".