Full Text of HB2094 97th General Assembly
HB2094 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB2094 Introduced 2/22/2011, by Rep. Norine Hammond SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.11 | from Ch. 61, par. 2.11 |
520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Provides that "bait" means any product, vegetable or mineral, salt or sodium-based, grain, fruit, nutrient, vegetation, or other source that can be ingested, solid or liquid, placed or scattered, in such a manner as to attract or lure deer or wild turkeys. Provides that the use of products designed for scent only and not capable of ingestion shall not constitute bait.
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| | A BILL FOR |
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| 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 | 5 | | Sections 2.11 and 2.26 as follows:
| 6 | | (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
| 7 | | Sec. 2.11. Before any person may lawfully hunt wild turkey, | 8 | | he shall first
obtain a "Wild Turkey Hunting Permit" in | 9 | | accordance with the prescribed
regulations set forth in an | 10 | | administrative rule of the Department. The
fee for a Resident | 11 | | Wild Turkey Hunting Permit shall not exceed $15.
| 12 | | Upon submitting suitable evidence of legal residence in any | 13 | | other state,
non-residents shall be charged a fee not to exceed | 14 | | $125 for wild
turkey hunting
permits, except as provided below | 15 | | for non-resident land owners.
| 16 | | Permits shall be issued without charge to:
| 17 | | (a) Illinois landowners residing in Illinois who own at | 18 | | least 40 acres of
Illinois land and wish to hunt on their | 19 | | land only,
| 20 | | (b) resident tenants of at least 40 acres of commercial
| 21 | | agricultural land, and
| 22 | | (c) bona fide equity shareholders of a corporation,
| 23 | | bona fide
equity
members of a limited liability
company, or |
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| 1 | | bona fide equity partners of a general or limited | 2 | | partnership
which owns at least 40 acres of land
in a | 3 | | county in Illinois who wish to hunt on the corporation's, | 4 | | company's, or partnership's land only.
One permit shall be | 5 | | issued without charge to one bona fide equity
shareholder, | 6 | | one bona fide equity member, or one bona fide equity | 7 | | partner for each 40
acres of land owned by the corporation, | 8 | | company, or partnership in
a county; however, the number of
| 9 | | permits issued without charge to bona fide equity | 10 | | shareholders of any
corporation or bona fide equity members
| 11 | | of a limited
liability company in any
county shall not | 12 | | exceed 15, and shall not exceed 3 in the case of bona fide | 13 | | equity partners of a partnership.
| 14 | | The turkey hunting permit issued without fee shall be valid | 15 | | on all lands
upon which the person to whom it is issued owns, | 16 | | leases or rents, except
that in the case of a permit issued | 17 | | without charge to a shareholder of a
corporation, the permit | 18 | | shall be valid on all lands owned by the
corporation in the | 19 | | county.
| 20 | | The Department may by administrative rule allocate and | 21 | | issue non-resident
Wild Turkey Permits and establish fees for | 22 | | such permits.
| 23 | | It shall be unlawful to take wild turkey except by use of a | 24 | | bow and arrow
or a shotgun of not larger than 10 nor smaller | 25 | | than 20 gauge with shot
size not larger than No. 4, and no | 26 | | person while attempting to so take
wild turkey may have in his |
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| 1 | | possession any other gun.
| 2 | | It shall be unlawful to take, or attempt to take wild | 3 | | turkey except
during the time from 1/2 hour before sunrise to | 4 | | 1/2 hour after sunset or during
such lesser period of time as | 5 | | may be specified by administrative rule,
during those days for | 6 | | which an open season is established.
| 7 | | It shall be unlawful for any person to take, or attempt to | 8 | | take, wild
turkey by use of dogs, horses, automobiles, aircraft | 9 | | or other vehicles,
or conveyances, or by the use of bait of any | 10 | | kind . For the purposes of this Section, "bait", when used as a | 11 | | noun, means any product, vegetable or mineral, salt or | 12 | | sodium-based, grain, fruit, nutrient, vegetation, or other | 13 | | source that can be ingested, solid or liquid, placed or | 14 | | scattered, in such a manner as to attract or lure wild turkeys. | 15 | | The use of products designed for scent only and not capable of | 16 | | ingestion shall not constitute bait. "Bait", when used as a | 17 | | verb, means the placement or scattering of bait to attract wild | 18 | | turkeys.
| 19 | | It is unlawful for any person to take in Illinois or have | 20 | | in his possession
more than one wild turkey per valid permit. | 21 | | For purposes of this Section "bona fide equity | 22 | | shareholder", "bona fide equity member", and "bona fide equity | 23 | | partner" shall have the same meaning as provided in Section | 24 | | 2.26 of this Act.
| 25 | | For the purposes of calculating acreage under this Section, | 26 | | the Department shall, after determining the total acreage of |
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| 1 | | the applicable tract or tracts of land, round remaining | 2 | | fractional portions of an acre greater than or equal to half of | 3 | | an acre up to the next whole acre. | 4 | | (Source: P.A. 96-162, eff. 1-1-10.)
| 5 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 6 | | 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,
| 9 | | purchased shares of a privately-held corporation for a value
| 10 | | 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.
| 17 | | 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
| 20 | | 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)
| 25 | | intends to retain the membership for at least 5 years.
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| 1 | | In this Section, "bona fide equity partner" means an | 2 | | individual who (1) (i) became a partner, either general or | 3 | | limited, upon the formation of a partnership or limited | 4 | | partnership, or (ii) has purchased, acquired, or been gifted a | 5 | | partnership interest accurately representing his or her | 6 | | percentage distributional interest in the profits, losses, and | 7 | | assets of a partnership or limited partnership, (2) intends to | 8 | | retain ownership of the partnership interest for at least 5 | 9 | | years, and (3) is a resident of Illinois.
| 10 | | Any person attempting to take deer shall first obtain a | 11 | | "Deer
Hunting Permit" issued by the Department in accordance | 12 | | with its administrative rules.
Those rules must provide for the | 13 | | issuance of the following types of resident deer archery | 14 | | permits: (i) a combination permit, consisting of one either-sex | 15 | | permit and one antlerless-only permit, (ii) a single | 16 | | antlerless-only permit, and (iii) a single either-sex permit. | 17 | | The fee for a Deer Hunting Permit to take deer with either bow | 18 | | and arrow or gun
shall not exceed $25.00 for residents of the | 19 | | State. The Department may by
administrative rule provide for | 20 | | non-resident deer hunting permits for which the
fee will not | 21 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | 22 | | thereafter except as provided below for non-resident | 23 | | landowners
and non-resident archery hunters. The Department | 24 | | may by
administrative rule provide for a non-resident archery | 25 | | deer permit consisting
of not more than 2 harvest tags at a | 26 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 |
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| 1 | | in 2007 and thereafter.
Permits shall be issued without charge | 2 | | to:
| 3 | | (a) Illinois landowners residing in Illinois who own at | 4 | | least 40 acres of
Illinois land and wish to hunt their land | 5 | | only,
| 6 | | (b) resident tenants of at least 40 acres of commercial | 7 | | agricultural land
where they will hunt, and
| 8 | | (c) Bona fide equity shareholders of a corporation,
| 9 | | bona fide
equity
members of a limited liability
company, or | 10 | | bona fide equity partners of a general or limited | 11 | | partnership
which owns at least 40 acres of land
in a | 12 | | county in Illinois who wish to hunt on the corporation's, | 13 | | company's, or partnership's land only.
One permit shall be | 14 | | issued without charge to one bona fide equity
shareholder, | 15 | | one bona fide equity member, or one bona fide equity | 16 | | partner for each 40
acres of land owned by the corporation, | 17 | | company, or partnership in
a county; however, the number of
| 18 | | permits issued without charge to bona fide equity | 19 | | shareholders of any
corporation or bona fide equity members
| 20 | | of a limited
liability company in any
county shall not | 21 | | exceed 15, and shall not exceed 3 in the case of bona fide | 22 | | equity partners of a partnership.
| 23 | | Bona fide landowners or tenants who do not wish to hunt | 24 | | only on the land
they own, rent, or lease or bona fide equity | 25 | | shareholders, bona fide
equity
members, or bona fide equity | 26 | | partners who do not wish to hunt
only on the
land owned by the |
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| 1 | | corporation, limited liability company, or partnership
shall | 2 | | be
charged the same fee as the
applicant who is not a | 3 | | landowner, tenant, bona fide equity
shareholder,
bona fide | 4 | | equity member, or bona fide equity partner. Nonresidents
of
| 5 | | Illinois who own at least 40 acres of land and wish to hunt on | 6 | | their land only
shall be charged a fee set by administrative | 7 | | rule. The method for
obtaining these permits shall be | 8 | | prescribed by administrative rule.
| 9 | | The deer hunting permit issued without fee shall be valid | 10 | | on
all farm lands which the person to whom it is issued owns, | 11 | | leases or rents,
except that in the case of a permit issued to | 12 | | a bona fide equity
shareholder, bona fide equity member, or | 13 | | bona fide equity partner, the
permit shall
be valid on all | 14 | | lands owned by the corporation, limited liability
company, or | 15 | | partnership in the county.
| 16 | | The standards and specifications for use of guns and bow | 17 | | and arrow for
deer hunting shall be established by | 18 | | administrative rule.
| 19 | | No person may have in his possession any firearm not | 20 | | authorized by
administrative rule for a specific hunting season | 21 | | when taking deer.
| 22 | | Persons having a firearm deer hunting permit shall be | 23 | | permitted to
take deer only during the period from 1/2 hour | 24 | | before sunrise to
1/2 hour after sunset, and only during those | 25 | | days for which an open season is
established for the taking of | 26 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| 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 . For the purposes of this | 9 | | Section, "bait", when used as a noun, means any product, | 10 | | vegetable or mineral, salt or sodium-based, grain, fruit, | 11 | | nutrient, vegetation, or other source that can be ingested, | 12 | | solid or liquid, placed or scattered, in such a manner as to | 13 | | attract or lure deer. The use of products designed for scent | 14 | | only and not capable of ingestion shall not constitute bait. | 15 | | "Bait", when used as a verb, means the placement or scattering | 16 | | of bait to attract deer. An area is considered as baited during | 17 | | the presence
of and for 10 consecutive days following the | 18 | | removal of bait. Nothing in this Section shall prohibit the use | 19 | | of a dog to track wounded deer. Any person using a dog for | 20 | | tracking wounded deer must maintain physical control of the dog | 21 | | at all times by means of a maximum 50 foot lead attached to the | 22 | | dog's collar or harness. Tracking wounded deer is permissible | 23 | | at night, but at no time outside of legal deer hunting hours or | 24 | | seasons shall any person handling or accompanying a dog being | 25 | | used for tracking wounded deer be in possession of any firearm | 26 | | or archery device. Persons tracking wounded deer with a dog |
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| 1 | | during the firearm deer seasons shall wear blaze orange as | 2 | | required. Dog handlers tracking wounded deer with a dog are | 3 | | exempt from hunting license and deer permit requirements so | 4 | | long as they are accompanied by the licensed deer hunter who | 5 | | wounded the deer.
| 6 | | It shall be unlawful to possess or transport any wild deer | 7 | | which has
been injured or killed in any manner upon a public | 8 | | highway or public
right-of-way of this State unless exempted by | 9 | | administrative rule.
| 10 | | Persons hunting deer must have gun unloaded and no bow and | 11 | | arrow
device shall be carried with the arrow in the nocked | 12 | | position during
hours when deer hunting is unlawful.
| 13 | | It shall be unlawful for any person, having taken the legal | 14 | | limit of
deer by gun, to further participate with gun in any | 15 | | deer hunting party.
| 16 | | It shall be unlawful for any person, having taken the legal | 17 | | limit
of deer by bow and arrow, to further participate with bow | 18 | | and arrow in any
deer hunting party.
| 19 | | The Department may prohibit upland game hunting during the | 20 | | gun deer
season by administrative rule.
| 21 | | The Department shall not limit the number of non-resident | 22 | | either sex archery deer hunting permits to less than 20,000.
| 23 | | It shall be legal for handicapped persons, as defined in | 24 | | Section 2.33, and persons age 62 or older to
utilize a crossbow | 25 | | device, as defined in Department rules, to take deer.
| 26 | | Any person who violates any of the provisions of this |
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| 1 | | Section,
including administrative rules, shall be guilty of a | 2 | | Class B misdemeanor.
| 3 | | For the purposes of calculating acreage under this Section, | 4 | | the Department shall, after determining the total acreage of | 5 | | the applicable tract or tracts of land, round remaining | 6 | | fractional portions of an acre greater than or equal to half of | 7 | | an acre up to the next whole acre. | 8 | | (Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; | 9 | | 95-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. 1-1-10; | 10 | | 96-1042, eff. 1-1-11.)
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