Illinois General Assembly - Full Text of HB5407
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Full Text of HB5407  94th General Assembly

HB5407ham001 94TH GENERAL ASSEMBLY

Rep. Mark H. Beaubien Jr.

Filed: 3/1/2006

 

 


 

 


 
09400HB5407ham001 LRB094 17166 RSP 56880 a

1
AMENDMENT TO HOUSE BILL 5407

2     AMENDMENT NO. ______. Amend House Bill 5407 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The Wildlife Code is amended by changing
5 Sections 2.10, 2.11, 2.26, and 3.1 and by adding Section 3.1-5
6 as follows:
 
7     (520 ILCS 5/2.10)  (from Ch. 61, par. 2.10)
8     Sec. 2.10. The Department may, on an annual basis,
9 establish a spring wild turkey open season within the period
10 beginning on March 1 and running through May 31, and a fall
11 wild turkey season within the period beginning on October 1 and
12 running through January 31. It shall be unlawful for any person
13 to take wild turkey without possessing a valid "Wild Turkey
14 Hunting Permit", except as provided in Section 3.1-5 of this
15 Code. Persons holding a spring permit may take female wild
16 turkeys with visible beards or male wild turkeys during the
17 spring open season. Persons holding a fall permit may take
18 turkeys of either sex during the fall open season. The
19 Department shall cause notice of administrative rules setting
20 forth the prescribed rules and regulations, including those
21 counties of the State where open seasons are established, to be
22 given in accordance with Sections 1.3 and 1.13.
23 (Source: P.A. 89-341, eff. 8-17-95.)
 

 

 

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1     (520 ILCS 5/2.11)  (from Ch. 61, par. 2.11)
2     Sec. 2.11. Before any person may lawfully hunt wild turkey,
3 he shall first obtain a "Wild Turkey Hunting Permit", except as
4 provided in Section 3.1-5 of this Code, in accordance with the
5 prescribed regulations set forth in an administrative rule of
6 the Department. The fee for a Resident Wild Turkey Hunting
7 Permit shall not exceed $15.
8     Upon submitting suitable evidence of legal residence in any
9 other state, non-residents shall be charged a fee not to exceed
10 $125 for wild turkey hunting permits, except as provided below
11 for non-resident land owners.
12     Permits shall be issued without charge to:
13         (a) Illinois landowners residing in Illinois who own at
14     least 40 acres of Illinois land and wish to hunt on their
15     land only,
16         (b) resident tenants of at least 40 acres of commercial
17     agricultural land, and
18         (c) shareholders of a corporation which owns at least
19     40 acres of land in a county in Illinois who wish to hunt
20     on the corporation's land only. One permit shall be issued
21     without charge to one shareholder for each 40 acres of land
22     owned by the corporation in a county; however, the number
23     of permits issued without charge to shareholders of any
24     corporation in any county shall not exceed 15.
25     The turkey hunting permit issued without fee shall be valid
26 on all lands upon which the person to whom it is issued owns,
27 leases or rents, except that in the case of a permit issued
28 without charge to a shareholder of a corporation, the permit
29 shall be valid on all lands owned by the corporation in the
30 county.
31     The Department may by administrative rule allocate and
32 issue non-resident Wild Turkey Permits and establish fees for
33 such permits.
34     It shall be unlawful to take wild turkey except by use of a

 

 

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1 bow and arrow or a shotgun of not larger than 10 nor smaller
2 than 20 gauge with shot size not larger than No. 4, and no
3 person while attempting to so take wild turkey may have in his
4 possession any other gun.
5     It shall be unlawful to take, or attempt to take wild
6 turkey except during the time from 1/2 hour before sunrise to
7 1/2 hour after sunset or during such lesser period of time as
8 may be specified by administrative rule, during those days for
9 which an open season is established.
10     It shall be unlawful for any person to take, or attempt to
11 take, wild turkey by use of dogs, horses, automobiles, aircraft
12 or other vehicles, or conveyances, or by the use of bait of any
13 kind.
14     It is unlawful for any person to take in Illinois or have
15 in his possession more than one wild turkey per valid permit.
16 (Source: P.A. 92-177, eff. 7-27-01.)
 
17     (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
18     Sec. 2.26. Deer hunting permits. In this Section, "bona
19 fide equity shareholder" means an individual who (1) purchased,
20 for market price, publicly sold stock shares in a corporation,
21 purchased shares of a privately-held corporation for a value
22 equal to the percentage of the appraised value of the corporate
23 assets represented by the ownership in the corporation, or is a
24 member of a closely-held family-owned corporation and has
25 purchased or been gifted with shares of stock in the
26 corporation accurately reflecting his or her percentage of
27 ownership and (2) intends to retain the ownership of the shares
28 of stock for at least 5 years.
29     In this Section, "bona fide equity member" means an
30 individual who (1) (i) became a member upon the formation of
31 the limited liability company or (ii) has purchased a
32 distributional interest in a limited liability company for a
33 value equal to the percentage of the appraised value of the LLC

 

 

09400HB5407ham001 - 4 - LRB094 17166 RSP 56880 a

1 assets represented by the distributional interest in the LLC
2 and subsequently becomes a member of the company pursuant to
3 Article 30 of the Limited Liability Company Act and who (2)
4 intends to retain the membership for at least 5 years.
5     In this Section, "bona fide equity partner" means an
6 individual who (1) (i) became a partner, either general or
7 limited, upon the formation of a partnership or limited
8 partnership, or (ii) has purchased, acquired, or been gifted a
9 partnership interest accurately representing his or her
10 percentage distributional interest in the profits, losses, and
11 assets of a partnership or limited partnership, (2) intends to
12 retain ownership of the partnership interest for at least 5
13 years, and (3) is a resident of Illinois.
14     Any person attempting to take deer shall first obtain a
15 "Deer Hunting Permit", except as provided in Section 3.1-5 of
16 this Code, in accordance with prescribed regulations set forth
17 in an Administrative Rule. Deer Hunting Permits shall be issued
18 by the Department. The fee for a Deer Hunting Permit to take
19 deer with either bow and arrow or gun shall not exceed $15.00
20 for residents of the State. The Department may by
21 administrative rule provide for non-resident deer hunting
22 permits for which the fee will not exceed $300 in 2005, $350 in
23 2006, and $400 in 2007 and thereafter except as provided below
24 for non-resident landowners and non-resident archery hunters.
25 The Department may by administrative rule provide for a
26 non-resident archery deer permit consisting of not more than 2
27 harvest tags at a total cost not to exceed $325 in 2005, $375
28 in 2006, and $425 in 2007 and thereafter. Permits shall be
29 issued without charge to:
30         (a) Illinois landowners residing in Illinois who own at
31     least 40 acres of Illinois land and wish to hunt their land
32     only,
33         (b) resident tenants of at least 40 acres of commercial
34     agricultural land where they will hunt, and

 

 

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

 

 

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1     The standards and specifications for use of guns and bow
2 and arrow for deer hunting shall be established by
3 administrative rule.
4     No person may have in his possession any firearm not
5 authorized by administrative rule for a specific hunting season
6 when taking deer.
7     Persons having a firearm deer hunting permit shall be
8 permitted to take deer only during the period from 1/2 hour
9 before sunrise to sunset, and only during those days for which
10 an open season is established for the taking of deer by use of
11 shotgun, handgun, or muzzle loading rifle.
12     Persons having an archery deer hunting permit shall be
13 permitted to take deer only during the period from 1/2 hour
14 before sunrise to 1/2 hour after sunset, and only during those
15 days for which an open season is established for the taking of
16 deer by use of bow and arrow.
17     It shall be unlawful for any person to take deer by use of
18 dogs, horses, automobiles, aircraft or other vehicles, or by
19 the use of salt or bait of any kind. An area is considered as
20 baited during the presence of and for 10 consecutive days
21 following the removal of bait. Nothing in this Section shall
22 prohibit the use of a dog to track wounded deer. Any person
23 using a dog for tracking wounded deer must maintain physical
24 control of the dog at all times by means of a maximum 50 foot
25 lead attached to the dog's collar or harness. Tracking wounded
26 deer is permissible at night, but at no time outside of legal
27 deer hunting hours or seasons shall any person handling or
28 accompanying a dog being used for tracking wounded deer be in
29 possession of any firearm or archery device. Persons tracking
30 wounded deer with a dog during the firearm deer seasons shall
31 wear blaze orange as required. Dog handlers tracking wounded
32 deer with a dog are exempt from hunting license and deer permit
33 requirements so long as they are accompanied by the licensed
34 deer hunter who wounded the deer.

 

 

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1     It shall be unlawful to possess or transport any wild deer
2 which has been injured or killed in any manner upon a public
3 highway or public right-of-way of this State unless exempted by
4 administrative rule.
5     Persons hunting deer must have gun unloaded and no bow and
6 arrow device shall be carried with the arrow in the nocked
7 position during hours when deer hunting is unlawful.
8     It shall be unlawful for any person, having taken the legal
9 limit of deer by gun, to further participate with gun in any
10 deer hunting party.
11     It shall be unlawful for any person, having taken the legal
12 limit of deer by bow and arrow, to further participate with bow
13 and arrow in any deer hunting party.
14     The Department may prohibit upland game hunting during the
15 gun deer season by administrative rule.
16     The Department shall not limit the number of non-resident
17 either sex archery deer hunting permits to less than 20,000.
18     It shall be legal for handicapped persons, as defined in
19 Section 2.33, to utilize a crossbow device, as defined in
20 Department rules, to take deer.
21     Any person who violates any of the provisions of this
22 Section, including administrative rules, shall be guilty of a
23 Class B misdemeanor.
24 (Source: P.A. 93-554, eff. 8-20-03; 93-807, eff. 7-24-04;
25 93-823, eff. 1-1-05; 94-10, eff. 6-7-05.)
 
26     (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
27     Sec. 3.1. License and stamps required.
28     (a) Before any person shall take or attempt to take any of
29 the species protected by Section 2.2 for which an open season
30 is established under this Act, he shall first have procured and
31 possess a valid hunting license, except as provided in Section
32 3.1-5 of this Code.
33     Before any person 16 years of age or older shall take or

 

 

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1 attempt to take any bird of the species defined as migratory
2 waterfowl by Section 2.2, including coots, he shall first have
3 procured a State Migratory Waterfowl Stamp.
4     Before any person 16 years of age or older takes, attempts
5 to take, or pursues any species of wildlife protected by this
6 Code, except migratory waterfowl, coots, and hand-reared birds
7 on licensed game breeding and hunting preserve areas and state
8 controlled pheasant hunting areas, he or she shall first obtain
9 a State Habitat Stamp. Disabled veterans and former prisoners
10 of war shall not be required to obtain State Habitat Stamps.
11 Any person who obtained a lifetime license before January 1,
12 1993, shall not be required to obtain State Habitat Stamps.
13 Income from the sale of State Furbearer Stamps and State
14 Pheasant Stamps received after the effective date of this
15 amendatory Act of 1992 shall be deposited into the State
16 Furbearer Fund and State Pheasant Fund, respectively.
17     Before any person 16 years of age or older shall take,
18 attempt to take, or sell the green hide of any mammal of the
19 species defined as fur-bearing mammals by Section 2.2 for which
20 an open season is established under this Act, he shall first
21 have procured a State Habitat Stamp.
22     (b) Before any person who is a non-resident of the State of
23 Illinois shall take or attempt to take any of the species
24 protected by Section 2.2 for which an open season is
25 established under this Act, he shall, unless specifically
26 exempted by law, first procure a non-resident license as
27 provided by this Act for the taking of any wild game.
28     Before a nonresident shall take or attempt to take
29 white-tailed deer, he shall first have procured a Deer Hunting
30 Permit as defined in Section 2.26 of this Code.
31     Before a nonresident shall take or attempt to take wild
32 turkeys, he shall have procured a Wild Turkey Hunting Permit as
33 defined in Section 2.11 of this Code.
34     (c) The owners residing on, or bona fide tenants of, farm

 

 

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1 lands and their children, parents, brothers, and sisters
2 actually permanently residing on their lands shall have the
3 right to hunt any of the species protected by Section 2.2 upon
4 their lands and waters without procuring hunting licenses; but
5 the hunting shall be done only during periods of time and with
6 devices and by methods as are permitted by this Act. Any person
7 on active duty with the Armed Forces of the United States who
8 is now and who was at the time of entering the Armed Forces a
9 resident of Illinois and who entered the Armed Forces from this
10 State, and who is presently on ordinary leave from the Armed
11 Forces, and any resident of Illinois who is disabled may hunt
12 any of the species protected by Section 2.2 without procuring a
13 hunting license, but the hunting shall be done only during such
14 periods of time and with devices and by methods as are
15 permitted by this Act. For the purpose of this Section a person
16 is disabled when that person has a Type 1 or Type 4, Class 2
17 disability as defined in Section 4A of the Illinois
18 Identification Card Act. For purposes of this Section, an
19 Illinois Disabled Person Identification Card issued pursuant
20 to the Illinois Identification Card Act indicating that the
21 person named has a Type 1 or Type 4, Class 2 disability shall
22 be adequate documentation of the disability.
23     (d) A courtesy non-resident license, permit, or stamp for
24 taking game may be issued at the discretion of the Director,
25 without fee, to any person officially employed in the game and
26 fish or conservation department of another state or of the
27 United States who is within the State to assist or consult or
28 cooperate with the Director; or to the officials of other
29 states, the United States, foreign countries, or officers or
30 representatives of conservation organizations or publications
31 while in the State as guests of the Governor or Director. The
32 Director may provide to nonresident participants and official
33 gunners at field trials an exemption from licensure while
34 participating in a field trial.

 

 

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1     (e) State Migratory Waterfowl Stamps shall be required for
2 those persons qualifying under subsections (c) and (d) who
3 intend to hunt migratory waterfowl, including coots, to the
4 extent that hunting licenses of the various types are
5 authorized and required by this Section for those persons.
6     (f) Registration in the U.S. Fish and Wildlife Migratory
7 Bird Harvest Information Program shall be required for those
8 persons who are required to have a hunting license before
9 taking or attempting to take any bird of the species defined as
10 migratory game birds by Section 2.2, except that this
11 subsection shall not apply to crows in this State or
12 hand-reared birds on licensed game breeding and hunting
13 preserve areas, for which an open season is established by this
14 Act. Persons registering with the Program must carry proof of
15 registration with them while migratory bird hunting.
16     The Department shall publish suitable prescribed
17 regulations pertaining to registration by the migratory bird
18 hunter in the U.S. Fish and Wildlife Service Migratory Bird
19 Harvest Information Program.
20 (Source: P.A. 92-177, eff. 7-27-01.)
 
21     (520 ILCS 5/3.1-5 new)
22     Sec. 3.1-5. Apprentice hunter program. Beginning 90 days
23 after the effective date of this amendatory Act of the 94th
24 General Assembly, the Department shall establish an apprentice
25 hunter program authorizing a resident parent, guardian, or
26 grandparent of a youth who is at least 10 years old and not
27 more than 15 years old to apply to the Department for an
28 Apprentice Hunter Permit when that resident applicant applies
29 for any permit or hunting license under this Code. In order to
30 be eligible for this Apprentice Hunter Permit the applicant
31 must be a resident of Illinois, meet the requirements for
32 obtaining the permit or license for which the applicant is
33 applying, request an Apprentice Hunter Permit on a form

 

 

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1 designated and made available by the Department, and submit a
2 $7 fee, which is separate from and additional to any other
3 stamp, permit, tag, or license fee required under this Code.
4 For approved applicants, the Department shall issue an
5 Apprentice Hunter Permit that authorizes a designated son,
6 daughter, ward, or grandchild of the permit holder to exercise
7 the same hunting privileges as the permit holder when
8 accompanying that permit holder on a supervised hunt. The
9 Department shall adopt suitable administrative rules that are
10 reasonable and necessary for the administration of the program,
11 but shall not require any certificate of competency or other
12 hunting education as a condition of the Apprentice Hunter
13 Permit.".