Full Text of HB5307 96th General Assembly
HB5307enr 96TH GENERAL ASSEMBLY
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HB5307 Enrolled |
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LRB096 19802 JDS 35249 b |
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing Section | 5 |
| 2.26 as follows:
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 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,
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| purchased shares of a privately-held corporation for a value
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| 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.
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| 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
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| 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 |
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| and subsequently becomes a member of the
company
pursuant to | 2 |
| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| In this Section, "bona fide equity partner" means an | 5 |
| individual who (1) (i) became a partner, either general or | 6 |
| limited, upon the formation of a partnership or limited | 7 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 8 |
| partnership interest accurately representing his or her | 9 |
| percentage distributional interest in the profits, losses, and | 10 |
| assets of a partnership or limited partnership, (2) intends to | 11 |
| retain ownership of the partnership interest for at least 5 | 12 |
| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a | 14 |
| "Deer
Hunting Permit" issued by the Department in accordance | 15 |
| with its administrative rules prescribed regulations set forth | 16 |
| in an
Administrative Rule . Deer Hunting Permits shall be issued | 17 |
| by the Department.
Those rules must provide for the issuance of | 18 |
| the following types of resident deer archery permits: (i) a | 19 |
| combination permit, consisting of one either-sex permit and one | 20 |
| antlerless-only permit, (ii) a single antlerless-only permit, | 21 |
| and (iii) a single either-sex permit. The fee for a Deer | 22 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $25.00 for residents of the State. The | 24 |
| Department may by
administrative rule provide for non-resident | 25 |
| deer hunting permits for which the
fee will not exceed $300 in | 26 |
| 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
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| provided below for non-resident landowners
and non-resident | 2 |
| archery hunters. The Department may by
administrative rule | 3 |
| provide for a non-resident archery deer permit consisting
of | 4 |
| not more than 2 harvest tags at a total cost not to exceed $325 | 5 |
| in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits | 6 |
| shall be issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at | 8 |
| least 40 acres of
Illinois land and wish to hunt their land | 9 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 11 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation,
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| bona fide
equity
members of a limited liability
company, or | 14 |
| bona fide equity partners of a general or limited | 15 |
| partnership
which owns at least 40 acres of land
in a | 16 |
| county in Illinois who wish to hunt on the corporation's, | 17 |
| company's, or partnership's land only.
One permit shall be | 18 |
| issued without charge to one bona fide equity
shareholder, | 19 |
| one bona fide equity member, or one bona fide equity | 20 |
| partner for each 40
acres of land owned by the corporation, | 21 |
| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity | 23 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 25 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 26 |
| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 2 |
| only on the land
they own, rent, or lease or bona fide equity | 3 |
| shareholders, bona fide
equity
members, or bona fide equity | 4 |
| partners who do not wish to hunt
only on the
land owned by the | 5 |
| corporation, limited liability company, or partnership
shall | 6 |
| be
charged the same fee as the
applicant who is not a | 7 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 8 |
| equity member, or bona fide equity partner. Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on | 10 |
| their land only
shall be charged a fee set by administrative | 11 |
| rule. The method for
obtaining these permits shall be | 12 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 14 |
| on
all farm lands which the person to whom it is issued owns, | 15 |
| leases or rents,
except that in the case of a permit issued to | 16 |
| a bona fide equity
shareholder, bona fide equity member, or | 17 |
| bona fide equity partner, the
permit shall
be valid on all | 18 |
| lands owned by the corporation, limited liability
company, or | 19 |
| partnership in the county.
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| The standards and specifications for use of guns and bow | 21 |
| and arrow for
deer hunting shall be established by | 22 |
| administrative rule.
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| No person may have in his possession any firearm not | 24 |
| authorized by
administrative rule for a specific hunting season | 25 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be |
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| permitted to
take deer only during the period from 1/2 hour | 2 |
| before sunrise to
1/2 hour after sunset, and only during those | 3 |
| days for which an open season is
established for the taking of | 4 |
| deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 6 |
| permitted to
take deer only during the period from 1/2 hour | 7 |
| before sunrise to 1/2 hour
after sunset, and only during those | 8 |
| days for which an open season is
established for the taking of | 9 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 11 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 12 |
| the use of salt
or bait of any kind. An area is considered as | 13 |
| baited during the presence
of and for 10 consecutive days | 14 |
| following the removal of bait. Nothing in this Section shall | 15 |
| prohibit the use of a dog to track wounded deer. Any person | 16 |
| using a dog for tracking wounded deer must maintain physical | 17 |
| control of the dog at all times by means of a maximum 50 foot | 18 |
| lead attached to the dog's collar or harness. Tracking wounded | 19 |
| deer is permissible at night, but at no time outside of legal | 20 |
| deer hunting hours or seasons shall any person handling or | 21 |
| accompanying a dog being used for tracking wounded deer be in | 22 |
| possession of any firearm or archery device. Persons tracking | 23 |
| wounded deer with a dog during the firearm deer seasons shall | 24 |
| wear blaze orange as required. Dog handlers tracking wounded | 25 |
| deer with a dog are exempt from hunting license and deer permit | 26 |
| requirements so long as they are accompanied by the licensed |
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HB5307 Enrolled |
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| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 3 |
| which has
been injured or killed in any manner upon a public | 4 |
| highway or public
right-of-way of this State unless exempted by | 5 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 7 |
| arrow
device shall be carried with the arrow in the nocked | 8 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 10 |
| limit of
deer by gun, to further participate with gun in any | 11 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 13 |
| limit
of deer by bow and arrow, to further participate with bow | 14 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 16 |
| gun deer
season by administrative rule.
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| The Department shall not limit the number of non-resident | 18 |
| either sex archery deer hunting permits to less than 20,000.
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| It shall be legal for handicapped persons, as defined in | 20 |
| Section 2.33, and persons age 62 or older to
utilize a crossbow | 21 |
| device, as defined in Department rules, to take deer.
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| Any person who violates any of the provisions of this | 23 |
| Section,
including administrative rules, shall be guilty of a | 24 |
| Class B misdemeanor.
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| For the purposes of calculating acreage under this Section, | 26 |
| the Department shall, after determining the total acreage of |
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LRB096 19802 JDS 35249 b |
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| 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. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; | 5 |
| 95-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. | 6 |
| 1-1-10.)
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| Section 99. Effective date. This Act takes effect January | 8 |
| 1, 2011.
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