Full Text of SB3003 99th General Assembly
SB3003enr 99TH GENERAL ASSEMBLY |
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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 2.10, 2.11, and 2.26 and by adding Section 3.1-6 as | 6 | | 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. The Department may, on an annual | 13 | | basis, establish a youth-only spring wild turkey season which | 14 | | shall include 2 consecutive weekends. It shall be unlawful for | 15 | | any
person to take wild turkey without possessing a valid "Wild | 16 | | Turkey Hunting
Permit". Persons holding a spring permit may | 17 | | take female wild turkeys with
visible beards or male wild | 18 | | turkeys during the spring open season. Persons
holding a fall | 19 | | permit may take turkeys of either sex during the fall open
| 20 | | season. The Department shall cause notice of administrative | 21 | | rules setting
forth the prescribed rules and regulations, | 22 | | including those counties of the
State where open seasons are | 23 | | established, to be given in accordance with
Sections 1.3 and |
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| 1 | | 1.13.
| 2 | | (Source: P.A. 89-341, eff. 8-17-95.)
| 3 | | (520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
| 4 | | Sec. 2.11. Before any person may lawfully hunt wild turkey, | 5 | | he shall first
obtain a "Wild Turkey Hunting Permit" in | 6 | | accordance with the prescribed
regulations set forth in an | 7 | | administrative rule of the Department. The
fee for a Resident | 8 | | Wild Turkey Hunting Permit shall not exceed $15.
| 9 | | Upon submitting suitable evidence of legal residence in any | 10 | | other state,
non-residents shall be charged a fee not to exceed | 11 | | $125 for wild
turkey hunting
permits , except as provided below | 12 | | for non-resident land owners .
| 13 | | Permits shall be issued without charge to:
| 14 | | (a) Illinois landowners residing in Illinois who own at | 15 | | least 40 acres of
Illinois land and wish to hunt on their | 16 | | land only,
| 17 | | (b) resident tenants of at least 40 acres of commercial
| 18 | | agricultural land, and
| 19 | | (c) bona fide equity shareholders of a corporation,
| 20 | | bona fide
equity
members of a limited liability
company, or | 21 | | bona fide equity partners of a general or limited | 22 | | partnership
which owns at least 40 acres of land
in a | 23 | | county in Illinois who wish to hunt on the corporation's, | 24 | | company's, or partnership's land only.
One permit shall be | 25 | | issued without charge to one bona fide equity
shareholder, |
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| 1 | | one bona fide equity member, or one bona fide equity | 2 | | partner for each 40
acres of land owned by the corporation, | 3 | | company, or partnership in
a county; however, the number of
| 4 | | permits issued without charge to bona fide equity | 5 | | shareholders of any
corporation or bona fide equity members
| 6 | | of a limited
liability company in any
county shall not | 7 | | exceed 15, and shall not exceed 3 in the case of bona fide | 8 | | equity partners of a partnership.
| 9 | | The turkey hunting permit issued without fee shall be valid | 10 | | on all lands
upon which the person to whom it is issued owns, | 11 | | leases or rents, except
that in the case of a permit issued | 12 | | without charge to a shareholder of a
corporation, the permit | 13 | | shall be valid on all lands owned by the
corporation in the | 14 | | county.
| 15 | | The Department may by administrative rule allocate and | 16 | | issue non-resident
Wild Turkey Permits and establish fees for | 17 | | such permits.
| 18 | | It shall be unlawful to take wild turkey except by use of a | 19 | | bow and arrow
or a shotgun of not larger than 10 nor smaller | 20 | | than 20 gauge with shot
size not larger than No. 4, and no | 21 | | person while attempting to so take
wild turkey may have in his | 22 | | possession any other gun.
| 23 | | It shall be unlawful to take, or attempt to take wild | 24 | | turkey except
during the time from 1/2 hour before sunrise to | 25 | | 1/2 hour after sunset or during
such lesser period of time as | 26 | | may be specified by administrative rule,
during those days for |
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| 1 | | which an open season is established.
| 2 | | It shall be unlawful for any person to take, or attempt to | 3 | | take, wild
turkey by use of dogs, horses, automobiles, aircraft | 4 | | or other vehicles,
or conveyances, or by the use or aid of bait | 5 | | or baiting of any kind. For the purposes of this Section, | 6 | | "bait" means any material, whether liquid or solid, including | 7 | | food, salt, minerals, and other products, except pure water, | 8 | | that can be ingested, placed, or scattered in such a manner as | 9 | | to attract or lure wild turkeys. "Baiting" means the placement | 10 | | or scattering of bait to attract wild turkeys. An area is | 11 | | considered as baited during the presence of and for 10 | 12 | | consecutive days following the removal of the bait.
| 13 | | It is unlawful for any person to take in Illinois or have | 14 | | in his possession
more than one wild turkey per valid permit. | 15 | | For purposes of this Section "bona fide equity | 16 | | shareholder", "bona fide equity member", and "bona fide equity | 17 | | partner" shall have the same meaning as provided in Section | 18 | | 2.26 of this Act.
| 19 | | For the purposes of calculating acreage under this Section, | 20 | | the Department shall, after determining the total acreage of | 21 | | the applicable tract or tracts of land, round remaining | 22 | | fractional portions of an acre greater than or equal to half of | 23 | | an acre up to the next whole acre. | 24 | | For the purposes of taking wild turkey, nothing in this | 25 | | Section shall be construed to prevent the manipulation, | 26 | | including mowing or cutting, of standing crops as a normal |
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| 1 | | agricultural or soil stabilization practice, food plots, or | 2 | | normal agricultural practices, including planting, harvesting, | 3 | | and maintenance such as cultivating. Such manipulation for the | 4 | | purpose of taking wild turkey may be further modified by | 5 | | administrative rule. | 6 | | (Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.)
| 7 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 8 | | Sec. 2.26. Deer hunting permits. In this Section,
"bona | 9 | | fide equity shareholder" means an individual who (1) purchased, | 10 | | for
market price, publicly sold stock shares in a corporation,
| 11 | | purchased shares of a privately-held corporation for a value
| 12 | | equal to the percentage of the appraised value of the corporate | 13 | | assets
represented by the ownership in the corporation, or is a | 14 | | member of a
closely-held family-owned corporation and has | 15 | | purchased or been gifted with
shares of stock in the | 16 | | corporation accurately reflecting his or her
percentage of | 17 | | ownership and (2) intends to retain the ownership of the
shares | 18 | | of stock for at least 5 years.
| 19 | | In this Section, "bona fide equity member" means an | 20 | | individual who (1) (i)
became a member
upon
the formation of | 21 | | the limited liability company or (ii) has purchased a
| 22 | | distributional interest in a limited liability company for a | 23 | | value equal to the
percentage of the appraised value of the LLC | 24 | | assets represented by the
distributional interest in the LLC | 25 | | 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" issued by the Department in accordance | 14 | | with its administrative rules.
Those rules must provide for the | 15 | | issuance of the following types of resident deer archery | 16 | | permits: (i) a combination permit, consisting of one either-sex | 17 | | permit and one antlerless-only permit, (ii) a single | 18 | | antlerless-only permit, and (iii) a single either-sex permit. | 19 | | The fee for a Deer Hunting Permit to take deer with either bow | 20 | | and arrow or gun
shall not exceed $25.00 for residents of the | 21 | | State. The Department may by
administrative rule provide for | 22 | | non-resident deer hunting permits for which the
fee will not | 23 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | 24 | | thereafter except as provided below for non-resident | 25 | | landowners
and non-resident archery hunters. The Department | 26 | | may by
administrative rule provide for a non-resident archery |
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| 1 | | deer permit consisting
of not more than 2 harvest tags at a | 2 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | 3 | | in 2007 and thereafter.
Permits shall be issued without charge | 4 | | to:
| 5 | | (a) Illinois landowners residing in Illinois who own at | 6 | | least 40 acres of
Illinois land and wish to hunt their land | 7 | | only,
| 8 | | (b) resident tenants of at least 40 acres of commercial | 9 | | agricultural land
where they will hunt, and
| 10 | | (c) Bona fide equity shareholders of a corporation,
| 11 | | bona fide
equity
members of a limited liability
company, or | 12 | | bona fide equity partners of a general or limited | 13 | | partnership
which owns at least 40 acres of land
in a | 14 | | county in Illinois who wish to hunt on the corporation's, | 15 | | company's, or partnership's land only.
One permit shall be | 16 | | issued without charge to one bona fide equity
shareholder, | 17 | | one bona fide equity member, or one bona fide equity | 18 | | partner for each 40
acres of land owned by the corporation, | 19 | | company, or partnership in
a county; however, the number of
| 20 | | permits issued without charge to bona fide equity | 21 | | shareholders of any
corporation or bona fide equity members
| 22 | | of a limited
liability company in any
county shall not | 23 | | exceed 15, and shall not exceed 3 in the case of bona fide | 24 | | equity partners of a partnership.
| 25 | | Bona fide landowners or tenants who do not wish to hunt | 26 | | only on the land
they own, rent, or lease or bona fide equity |
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| 1 | | shareholders, bona fide
equity
members, or bona fide equity | 2 | | partners who do not wish to hunt
only on the
land owned by the | 3 | | corporation, limited liability company, or partnership
shall | 4 | | be
charged the same fee as the
applicant who is not a | 5 | | landowner, tenant, bona fide equity
shareholder,
bona fide | 6 | | equity member, or bona fide equity partner. Nonresidents
of
| 7 | | Illinois who own at least 40 acres of land and wish to hunt on | 8 | | their land only
shall be charged a fee set by administrative | 9 | | rule. The method for
obtaining these permits shall be | 10 | | prescribed by administrative rule.
| 11 | | The deer hunting permit issued without fee shall be valid | 12 | | on
all farm lands which the person to whom it is issued owns, | 13 | | leases or rents,
except that in the case of a permit issued to | 14 | | a bona fide equity
shareholder, bona fide equity member, or | 15 | | bona fide equity partner, the
permit shall
be valid on all | 16 | | lands owned by the corporation, limited liability
company, or | 17 | | partnership in the county.
| 18 | | The standards and specifications for use of guns and bow | 19 | | and arrow for
deer hunting shall be established by | 20 | | administrative rule.
| 21 | | No person may have in his possession any firearm not | 22 | | authorized by
administrative rule for a specific hunting season | 23 | | when taking deer.
| 24 | | Persons having a firearm deer hunting permit shall be | 25 | | permitted to
take deer only during the period from 1/2 hour | 26 | | before sunrise to
1/2 hour after sunset, and only during those |
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| 1 | | days for which an open season is
established for the taking of | 2 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
| 3 | | Persons having an archery deer hunting permit shall be | 4 | | permitted to
take deer only during the period from 1/2 hour | 5 | | before sunrise to 1/2 hour
after sunset, and only during those | 6 | | days for which an open season is
established for the taking of | 7 | | deer by use of bow and arrow.
| 8 | | It shall be unlawful for any person to take deer by use of | 9 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 10 | | the use
or aid of bait or baiting of any kind. For the purposes | 11 | | of this Section, "bait" means any material, whether liquid or | 12 | | solid, including food, salt, minerals, and other products, | 13 | | except pure water, that can be ingested, placed, or scattered | 14 | | in such a manner as to attract or lure white-tailed deer. | 15 | | "Baiting" means the placement or scattering of bait to attract | 16 | | deer. An area is considered as baited during the presence
of | 17 | | and for 10 consecutive days following the removal of bait. | 18 | | Nothing in this Section shall prohibit the use of a dog to | 19 | | track wounded deer. Any person using a dog for tracking wounded | 20 | | deer must maintain physical control of the dog at all times by | 21 | | means of a maximum 50 foot lead attached to the dog's collar or | 22 | | harness. Tracking wounded deer is permissible at night, but at | 23 | | no time outside of legal deer hunting hours or seasons shall | 24 | | any person handling or accompanying a dog being used for | 25 | | tracking wounded deer be in possession of any firearm or | 26 | | archery device. Persons tracking wounded deer with a dog during |
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| 1 | | the firearm deer seasons shall wear blaze orange as required. | 2 | | Dog handlers tracking wounded deer with a dog are exempt from | 3 | | hunting license and deer permit requirements so long as they | 4 | | are accompanied by the licensed deer hunter who wounded the | 5 | | 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 either sex archery deer hunting permits to less than | 23 | | 20,000.
| 24 | | Any person who violates any of the provisions of this | 25 | | Section,
including administrative rules, shall be guilty of a | 26 | | Class B misdemeanor.
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| 1 | | For the purposes of calculating acreage under this Section, | 2 | | the Department shall, after determining the total acreage of | 3 | | the applicable tract or tracts of land, round remaining | 4 | | fractional portions of an acre greater than or equal to half of | 5 | | an acre up to the next whole acre. | 6 | | For the purposes of taking white-tailed deer, nothing in | 7 | | this Section shall be construed to prevent the manipulation, | 8 | | including mowing or cutting, of standing crops as a normal | 9 | | agricultural or soil stabilization practice, food plots, or | 10 | | normal agricultural practices, including planting, harvesting, | 11 | | and maintenance such as cultivating or the use of products | 12 | | designed for scent only and not capable of ingestion, solid or | 13 | | liquid, placed or scattered, in such a manner as to attract or | 14 | | lure deer. Such manipulation for the purpose of taking | 15 | | white-tailed deer may be further modified by administrative | 16 | | rule. | 17 | | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; | 18 | | 98-180, eff. 8-5-13; revised 10-20-15.)
| 19 | | (520 ILCS 5/3.1-6 new) | 20 | | Sec. 3.1-6. Special deer, turkey, and combination hunting | 21 | | licenses. | 22 | | (a) For the purpose of this Section: | 23 | | "Bona fide equity member" means an individual who: | 24 | | (1) (i) became a member upon the formation of the | 25 | | limited liability company or (ii) has purchased a |
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| 1 | | distributional interest in a limited liability company for | 2 | | a value equal to the percentage of the appraised value of | 3 | | the LLC assets represented by the distributional interest | 4 | | in the LLC and subsequently becomes a member of the company | 5 | | under Article 30 of the Limited Liability Company Act; and | 6 | | (2) intends to retain the membership for at least 5 | 7 | | years. | 8 | | "Bona fide equity partner" means an individual who: | 9 | | (1) (i) became a partner, either general or limited, | 10 | | upon the formation of a partnership or limited partnership, | 11 | | or (ii) has purchased, acquired, or been gifted a | 12 | | partnership interest accurately representing his or her | 13 | | percentage distributional interest in the profits, losses, | 14 | | and assets of a partnership or limited partnership; | 15 | | (2) intends to retain ownership of the partnership | 16 | | interest for at least 5 years; and | 17 | | (3) is a resident of this State. | 18 | | "Bona fide equity shareholder" means an individual who: | 19 | | (1) purchased, for market price, publicly sold stock | 20 | | shares in a corporation, purchased shares of a | 21 | | privately-held corporation for a value equal to the | 22 | | percentage of the appraised value of the corporate assets | 23 | | 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 |
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| 1 | | ownership; and | 2 | | (2) intends to retain the ownership of the shares of | 3 | | stock for at least 5 years. | 4 | | (b) Landowner Deer, Turkey, and combination permits shall | 5 | | be issued without charge to: | 6 | | (1) Illinois landowners residing in this State who own | 7 | | at least 40 acres of Illinois land and wish to hunt upon | 8 | | their land only; | 9 | | (2) resident tenants of at least 40 acres of commercial | 10 | | agricultural land where they will hunt; and | 11 | | (3) bona fide equity shareholders of a corporation, | 12 | | bona fide equity members of a limited liability company, or | 13 | | bona fide equity partners of a general or limited | 14 | | partnership which owns at least 40 acres of land in a | 15 | | county in this State who wish to hunt on the corporation's, | 16 | | company's, or partnership's land only. One permit shall be | 17 | | issued without charge to one bona fide equity shareholder, | 18 | | one bona fide equity member, or one bona fide equity | 19 | | partner for each 40 acres of land owned by the corporation, | 20 | | company, or partnership in a county; however, the number of | 21 | | permits issued without charge to bona fide equity | 22 | | shareholders of any corporation or bona fide equity members | 23 | | of a limited liability company in any county shall not | 24 | | exceed 15, and shall not exceed 3 in the case of bona fide | 25 | | equity partners of a partnership.
Bona fide landowners or | 26 | | tenants who do not wish to hunt only on the land they own, |
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| 1 | | rent, or lease or bona fide equity shareholders, bona fide | 2 | | equity members, or bona fide equity partners who do not | 3 | | wish to hunt only on the land owned by the corporation, | 4 | | limited liability company, or partnership shall be charged | 5 | | the same fee as the applicant who is not a landowner, | 6 | | tenant, bona fide equity shareholder, bona fide equity | 7 | | member, or bona fide equity partner. Nonresidents of this | 8 | | State who own at least 40 acres of land and wish to hunt on | 9 | | their land only shall be charged a fee set by | 10 | | administrative rule. The method for obtaining these | 11 | | permits shall be prescribed by administrative rule. | 12 | | (c) The deer, turkey, or combination hunting permit issued | 13 | | without fee shall be valid on all farm lands which the person | 14 | | to whom it is issued owns, leases or rents, except that in the | 15 | | case of a permit issued to a bona fide equity shareholder, bona | 16 | | fide equity member, or bona fide equity partner, the permit | 17 | | shall be valid on all lands owned by the corporation, limited | 18 | | liability company, or partnership in the county.
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