Full Text of SB0914 103rd General Assembly
SB0914ham001 103RD GENERAL ASSEMBLY | Rep. Michael J. Kelly Filed: 5/8/2024 | | 10300SB0914ham001 | | LRB103 03381 BDA 73143 a |
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| 1 | | AMENDMENT TO SENATE BILL 914
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 914 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The Wildlife Code is amended by changing | 5 | | Section 3.1-6 as follows: | 6 | | (520 ILCS 5/3.1-6) | 7 | | Sec. 3.1-6. Special deer, turkey, and combination hunting | 8 | | licenses. | 9 | | (a) For the purpose of this Section: | 10 | | "Bona fide current income beneficiary" means an individual | 11 | | who, at the time of application for a permit issued pursuant to | 12 | | this Section, is entitled to income (whether income exists or | 13 | | not) from the trust that owns the land the applicant wishes to | 14 | | hunt, with no condition precedent other than the trustee | 15 | | distributing the income, and who is listed by name in the trust | 16 | | documents as an income beneficiary. |
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| 1 | | "Bona fide equity member" means an individual who: | 2 | | (1) (i) became a member upon the formation of the | 3 | | limited liability company or (ii) has purchased a | 4 | | distributional interest in a limited liability company for | 5 | | a value equal to the percentage of the appraised value of | 6 | | the LLC assets represented by the distributional interest | 7 | | in the LLC and subsequently becomes a member of the | 8 | | company under Article 30 of the Limited Liability Company | 9 | | Act; and | 10 | | (2) intends to retain the membership for at least 5 | 11 | | years. | 12 | | "Bona fide equity partner" means an individual who: | 13 | | (1) (i) became a partner, either general or limited, | 14 | | upon the formation of a partnership or limited | 15 | | partnership, or (ii) has purchased, acquired, or been | 16 | | gifted a partnership interest accurately representing his | 17 | | or her percentage distributional interest in the profits, | 18 | | losses, and assets of a partnership or limited | 19 | | partnership; | 20 | | (2) intends to retain ownership of the partnership | 21 | | interest for at least 5 years; and | 22 | | (3) is a resident of this State. | 23 | | "Bona fide equity shareholder" means an individual who: | 24 | | (1) purchased, for market price, publicly sold stock | 25 | | shares in a corporation, purchased shares of a | 26 | | privately-held corporation for a value equal to the |
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| 1 | | percentage of the appraised value of the corporate assets | 2 | | represented by the ownership in the corporation, or is a | 3 | | member of a closely-held family-owned corporation and has | 4 | | purchased or been gifted with shares of stock in the | 5 | | corporation accurately reflecting his or her percentage of | 6 | | ownership; and | 7 | | (2) intends to retain the ownership of the shares of | 8 | | stock for at least 5 years. | 9 | | "Immediate family member of a landowner, tenant, or a bona | 10 | | fide current income beneficiary" means a person who is the | 11 | | spouse, child, brother, sister, or parent of a landowner, | 12 | | tenant, or bona fide current income beneficiary and who | 13 | | resides permanently on the same property as the landowner, | 14 | | tenant, or bona fide current income beneficiary. | 15 | | (b) Landowner Deer, Turkey, and combination permits shall | 16 | | be issued without charge to: | 17 | | (1) Illinois landowners residing in this State who own | 18 | | at least 40 acres of Illinois land and wish to hunt upon | 19 | | their land only; | 20 | | (2) resident tenants of at least 40 acres of | 21 | | commercial agricultural land where they will hunt; and | 22 | | (3) bona fide equity shareholders of a corporation, | 23 | | bona fide equity members of a limited liability company, | 24 | | or bona fide equity partners of a general or limited | 25 | | partnership which owns at least 40 acres of land in a | 26 | | county in this State who wish to hunt on the |
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| 1 | | corporation's, company's, or partnership's land only. One | 2 | | permit shall be issued without charge to one bona fide | 3 | | equity shareholder, one bona fide equity member, or one | 4 | | bona fide equity partner for each 40 acres of land owned by | 5 | | the corporation, company, or partnership in a county; | 6 | | however, the number of permits issued without charge to | 7 | | bona fide equity shareholders of any corporation or bona | 8 | | fide equity members of a limited liability company in any | 9 | | county shall not exceed 15, and shall not exceed 3 in the | 10 | | case of bona fide equity partners of a partnership ; . | 11 | | (4) bona fide current income beneficiaries of a trust | 12 | | that owns 40 acres of Illinois land who wish to hunt only | 13 | | upon the land of the trust and who reside in this State; | 14 | | and | 15 | | (5) immediate family members of a landowner, tenant, | 16 | | or a bona fide current income beneficiary who wish to hunt | 17 | | only on the land owned by a person or trust under | 18 | | paragraphs (1), (2), or (3) of this subsection (b). | 19 | | Bona fide landowners or tenants who do not wish to hunt | 20 | | only on the land they own, rent, or lease or bona fide equity | 21 | | shareholders, bona fide equity members, or bona fide equity | 22 | | partners who do not wish to hunt only on the land owned by the | 23 | | corporation, limited liability company, or partnership shall | 24 | | be charged the same fee as the applicant who is not a | 25 | | landowner, tenant, bona fide equity shareholder, bona fide | 26 | | equity member, or bona fide equity partner. Nonresidents of |
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| 1 | | this State who own at least 40 acres of land and wish to hunt | 2 | | on their land only shall be charged a fee set by administrative | 3 | | rule. The method for obtaining these permits shall be | 4 | | prescribed by administrative rule. | 5 | | (c) The deer, turkey, or combination hunting permit issued | 6 | | without fee shall be valid on all farm lands which the person | 7 | | to whom it is issued owns, leases or rents, except that in the | 8 | | case of a permit issued to a bona fide equity shareholder, bona | 9 | | fide equity member, or bona fide equity partner, the permit | 10 | | shall be valid on all lands owned by the corporation, limited | 11 | | liability company, or partnership in the county. | 12 | | (d) In addition to the permits issued under subsection | 13 | | (b), the Department shall issue deer, turkey, and combination | 14 | | permits to the children of an Illinois resident landowner or | 15 | | the children of a resident bona fide current income | 16 | | beneficiary if: | 17 | | (1) those children do not reside with the landowner or | 18 | | the bona fide current income beneficiary; | 19 | | (2) the Illinois resident landowner or resident bona | 20 | | fide current income beneficiary is eligible for deer, | 21 | | turkey, or combination permits under this Section; | 22 | | (3) the children of the Illinois resident landowner or | 23 | | the resident bona fide current income beneficiary have | 24 | | completed an application for deer, turkey, or combination | 25 | | permits for the children of the Illinois resident | 26 | | landowner or resident bona fide current income |
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| 1 | | beneficiary, and that application includes the child's | 2 | | name, address, date of birth, and any other information as | 3 | | required by administrative rule, and is signed by the | 4 | | child and the Illinois resident landowner or the bona fide | 5 | | current income beneficiary; | 6 | | (4) a child of the Illinois resident landowner or the | 7 | | resident bona fide current income beneficiary that is | 8 | | listed pursuant to paragraph (3) is eligible to hunt in | 9 | | Illinois and whose hunting privileges are not currently | 10 | | suspended or revoked pursuant to law or administrative | 11 | | rule; and | 12 | | (5) the fees for permits listed in Section 2.11 and | 13 | | Section 2.26 are paid in full for those permits that are | 14 | | issued pursuant to this subsection (d). | 15 | | Permits issued pursuant to this subsection shall only be | 16 | | valid on all farmlands which the Illinois resident landowner | 17 | | or the resident bona fide current income beneficiary owns. | 18 | | This subsection (d) shall not apply to the children of | 19 | | resident tenants, bona fide equity shareholders of a | 20 | | corporation, bona fide equity members of a limited liability | 21 | | company, or bona fide equity partners of a general or limited | 22 | | partnership. Any other requirement, application information, | 23 | | or approval process for a permit issued under this subsection | 24 | | shall be set by the Department by administrative rule. | 25 | | (Source: P.A. 99-869, eff. 1-1-17 .) |
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| 1 | | Section 99. Effective date. This Act takes effect January | 2 | | 1, 2026.". |
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