Full Text of HB5367 97th General Assembly
HB5367 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB5367 Introduced 2/15/2012, by Rep. David Reis 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 nonresident relatives, including children, grandchildren, parents, grandparents, sisters, and brothers of State landowners who own at least 40 acres shall be charged a permit fee equal to the resident's turkey or deer hunting permit fee for hunting on the relative's land only.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | 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. Nonresident relatives, including children, | 23 | | grandchildren, parents, grandparents, sisters, and brothers of | 24 | | State landowners who own at least 40 acres shall be charged a | 25 | | permit fee equal to the resident's turkey hunting permit fee | 26 | | for hunting on the relative's land only.
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| 1 | | It shall be unlawful to take wild turkey except by use of a | 2 | | bow and arrow
or a shotgun of not larger than 10 nor smaller | 3 | | than 20 gauge with shot
size not larger than No. 4, and no | 4 | | person while attempting to so take
wild turkey may have in his | 5 | | possession any other gun.
| 6 | | It shall be unlawful to take, or attempt to take wild | 7 | | turkey except
during the time from 1/2 hour before sunrise to | 8 | | 1/2 hour after sunset or during
such lesser period of time as | 9 | | may be specified by administrative rule,
during those days for | 10 | | which an open season is established.
| 11 | | It shall be unlawful for any person to take, or attempt to | 12 | | take, wild
turkey by use of dogs, horses, automobiles, aircraft | 13 | | or other vehicles,
or conveyances, or by the use or aid of bait | 14 | | or baiting of any kind. For the purposes of this Section, | 15 | | "bait" means any material, whether liquid or solid, including | 16 | | food, salt, minerals, and other products that can be ingested, | 17 | | placed, or scattered in such a manner as to attract or lure | 18 | | wild turkeys. "Baiting" means the placement or scattering of | 19 | | bait to attract wild turkeys. An area is considered as baited | 20 | | during the presence of and for 10 consecutive days following | 21 | | the removal of the bait.
| 22 | | It is unlawful for any person to take in Illinois or have | 23 | | in his possession
more than one wild turkey per valid permit. | 24 | | For purposes of this Section "bona fide equity | 25 | | shareholder", "bona fide equity member", and "bona fide equity | 26 | | partner" shall have the same meaning as provided in Section |
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| 1 | | 2.26 of this Act.
| 2 | | For the purposes of calculating acreage under this Section, | 3 | | the Department shall, after determining the total acreage of | 4 | | the applicable tract or tracts of land, round remaining | 5 | | fractional portions of an acre greater than or equal to half of | 6 | | an acre up to the next whole acre. | 7 | | For the purposes of taking wild turkey, nothing in this | 8 | | Section shall be construed to prevent the manipulation, | 9 | | including mowing or cutting, of standing crops as a normal | 10 | | agricultural or soil stabilization practice, food plots, or | 11 | | normal agricultural practices, including planting, harvesting, | 12 | | and maintenance such as cultivating. Such manipulation for the | 13 | | purpose of taking wild turkey may be further modified by | 14 | | administrative rule. | 15 | | (Source: P.A. 96-162, eff. 1-1-10; 97-564, eff. 8-25-11.)
| 16 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 17 | | Sec. 2.26. Deer hunting permits. In this Section,
"bona | 18 | | fide equity shareholder" means an individual who (1) purchased, | 19 | | for
market price, publicly sold stock shares in a corporation,
| 20 | | purchased shares of a privately-held corporation for a value
| 21 | | equal to the percentage of the appraised value of the corporate | 22 | | assets
represented by the ownership in the corporation, or is a | 23 | | member of a
closely-held family-owned corporation and has | 24 | | purchased or been gifted with
shares of stock in the | 25 | | corporation accurately reflecting his or her
percentage of |
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| 1 | | ownership and (2) intends to retain the ownership of the
shares | 2 | | of stock for at least 5 years.
| 3 | | In this Section, "bona fide equity member" means an | 4 | | individual who (1) (i)
became a member
upon
the formation of | 5 | | the limited liability company or (ii) has purchased a
| 6 | | distributional interest in a limited liability company for a | 7 | | value equal to the
percentage of the appraised value of the LLC | 8 | | assets represented by the
distributional interest in the LLC | 9 | | and subsequently becomes a member of the
company
pursuant to | 10 | | Article 30 of the Limited Liability Company Act and who (2)
| 11 | | intends to retain the membership for at least 5 years.
| 12 | | In this Section, "bona fide equity partner" means an | 13 | | individual who (1) (i) became a partner, either general or | 14 | | limited, upon the formation of a partnership or limited | 15 | | partnership, or (ii) has purchased, acquired, or been gifted a | 16 | | partnership interest accurately representing his or her | 17 | | percentage distributional interest in the profits, losses, and | 18 | | assets of a partnership or limited partnership, (2) intends to | 19 | | retain ownership of the partnership interest for at least 5 | 20 | | years, and (3) is a resident of Illinois.
| 21 | | Any person attempting to take deer shall first obtain a | 22 | | "Deer
Hunting Permit" issued by the Department in accordance | 23 | | with its administrative rules.
Those rules must provide for the | 24 | | issuance of the following types of resident deer archery | 25 | | permits: (i) a combination permit, consisting of one either-sex | 26 | | permit and one antlerless-only permit, (ii) a single |
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| 1 | | antlerless-only permit, and (iii) a single either-sex permit. | 2 | | The fee for a Deer Hunting Permit to take deer with either bow | 3 | | and arrow or gun
shall not exceed $25.00 for residents of the | 4 | | State. The Department may by
administrative rule provide for | 5 | | non-resident deer hunting permits for which the
fee will not | 6 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | 7 | | thereafter except as provided below for non-resident | 8 | | landowners
and non-resident archery hunters. The Department | 9 | | may by
administrative rule provide for a non-resident archery | 10 | | deer permit consisting
of not more than 2 harvest tags at a | 11 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | 12 | | in 2007 and thereafter.
Permits shall be issued without charge | 13 | | to:
| 14 | | (a) Illinois landowners residing in Illinois who own at | 15 | | least 40 acres of
Illinois land and wish to hunt their land | 16 | | only,
| 17 | | (b) resident tenants of at least 40 acres of commercial | 18 | | agricultural land
where they will hunt, 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, | 26 | | one bona fide equity member, or one bona fide equity |
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| 1 | | partner for each 40
acres of land owned by the corporation, | 2 | | company, or partnership in
a county; however, the number of
| 3 | | permits issued without charge to bona fide equity | 4 | | shareholders of any
corporation or bona fide equity members
| 5 | | of a limited
liability company in any
county shall not | 6 | | exceed 15, and shall not exceed 3 in the case of bona fide | 7 | | equity partners of a partnership.
| 8 | | Bona fide landowners or tenants who do not wish to hunt | 9 | | only on the land
they own, rent, or lease or bona fide equity | 10 | | shareholders, bona fide
equity
members, or bona fide equity | 11 | | partners who do not wish to hunt
only on the
land owned by the | 12 | | corporation, limited liability company, or partnership
shall | 13 | | be
charged the same fee as the
applicant who is not a | 14 | | landowner, tenant, bona fide equity
shareholder,
bona fide | 15 | | equity member, or bona fide equity partner. Nonresidents
of
| 16 | | Illinois who own at least 40 acres of land and wish to hunt on | 17 | | their land only
shall be charged a fee set by administrative | 18 | | rule. Nonresident relatives, including children, | 19 | | grandchildren, parents, grandparents, sisters, and brothers of | 20 | | Illinois landowners who own at least 40 acres shall be charged | 21 | | a permit fee equal to the resident's deer hunting permit fee | 22 | | for hunting on the relative's land only. The method for
| 23 | | obtaining these permits shall be prescribed by administrative | 24 | | rule.
| 25 | | The deer hunting permit issued without fee shall be valid | 26 | | on
all farm lands which the person to whom it is issued owns, |
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| 1 | | leases or rents,
except that in the case of a permit issued to | 2 | | a bona fide equity
shareholder, bona fide equity member, or | 3 | | bona fide equity partner, the
permit shall
be valid on all | 4 | | lands owned by the corporation, limited liability
company, or | 5 | | partnership in the county.
| 6 | | The standards and specifications for use of guns and bow | 7 | | and arrow for
deer hunting shall be established by | 8 | | administrative rule.
| 9 | | No person may have in his possession any firearm not | 10 | | authorized by
administrative rule for a specific hunting season | 11 | | when taking deer.
| 12 | | Persons having a firearm 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 shotgun, handgun, or muzzle
loading
rifle.
| 17 | | Persons having an archery deer hunting permit shall be | 18 | | permitted to
take deer only during the period from 1/2 hour | 19 | | before sunrise to 1/2 hour
after sunset, and only during those | 20 | | days for which an open season is
established for the taking of | 21 | | deer by use of bow and arrow.
| 22 | | It shall be unlawful for any person to take deer by use of | 23 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 24 | | the use
or aid of bait or baiting of any kind. For the purposes | 25 | | of this Section, "bait" means any material, whether liquid or | 26 | | solid, including food, salt, minerals, and other products that |
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| 1 | | can be ingested, placed, or scattered in such a manner as to | 2 | | attract or lure white-tailed deer. "Baiting" means the | 3 | | placement or scattering of bait to attract deer. An area is | 4 | | considered as baited during the presence
of and for 10 | 5 | | consecutive days following the removal of bait. Nothing in this | 6 | | Section shall prohibit the use of a dog to track wounded deer. | 7 | | Any person using a dog for tracking wounded deer must maintain | 8 | | physical control of the dog at all times by means of a maximum | 9 | | 50 foot lead attached to the dog's collar or harness. Tracking | 10 | | wounded deer is permissible at night, but at no time outside of | 11 | | legal deer hunting hours or seasons shall any person handling | 12 | | or accompanying a dog being used for tracking wounded deer be | 13 | | in possession of any firearm or archery device. Persons | 14 | | tracking wounded deer with a dog during the firearm deer | 15 | | seasons shall wear blaze orange as required. Dog handlers | 16 | | tracking wounded deer with a dog are exempt from hunting | 17 | | license and deer permit requirements so long as they are | 18 | | accompanied by the licensed deer hunter who wounded the deer.
| 19 | | It shall be unlawful to possess or transport any wild deer | 20 | | which has
been injured or killed in any manner upon a public | 21 | | highway or public
right-of-way of this State unless exempted by | 22 | | administrative rule.
| 23 | | Persons hunting deer must have gun unloaded and no bow and | 24 | | arrow
device shall be carried with the arrow in the nocked | 25 | | position during
hours when deer hunting is unlawful.
| 26 | | It shall be unlawful for any person, having taken the legal |
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| 1 | | limit of
deer by gun, to further participate with gun in any | 2 | | deer hunting party.
| 3 | | It shall be unlawful for any person, having taken the legal | 4 | | limit
of deer by bow and arrow, to further participate with bow | 5 | | and arrow in any
deer hunting party.
| 6 | | The Department may prohibit upland game hunting during the | 7 | | gun deer
season by administrative rule.
| 8 | | The Department shall not limit the number of non-resident | 9 | | either sex archery deer hunting permits to less than 20,000.
| 10 | | It shall be legal for handicapped persons, as defined in | 11 | | Section 2.33, and persons age 62 or older to
utilize a crossbow | 12 | | device, as defined in Department rules, to take deer.
| 13 | | Any person who violates any of the provisions of this | 14 | | Section,
including administrative rules, shall be guilty of a | 15 | | Class B misdemeanor.
| 16 | | For the purposes of calculating acreage under this Section, | 17 | | the Department shall, after determining the total acreage of | 18 | | the applicable tract or tracts of land, round remaining | 19 | | fractional portions of an acre greater than or equal to half of | 20 | | an acre up to the next whole acre. | 21 | | For the purposes of taking white-tailed deer, nothing in | 22 | | this Section shall be construed to prevent the manipulation, | 23 | | including mowing or cutting, of standing crops as a normal | 24 | | agricultural or soil stabilization practice, food plots, or | 25 | | normal agricultural practices, including planting, harvesting, | 26 | | and maintenance such as cultivating or the use of products |
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| 1 | | designed for scent only and not capable of ingestion, solid or | 2 | | liquid, placed or scattered, in such a manner as to attract or | 3 | | lure deer. Such manipulation for the purpose of taking | 4 | | white-tailed deer may be further modified by administrative | 5 | | rule. | 6 | | (Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10; | 7 | | 96-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)
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