Full Text of SB0673 99th General Assembly
SB0673 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 SB0673 Introduced 2/3/2015, by Sen. John M. Sullivan SYNOPSIS AS INTRODUCED: |
| 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 wild turkey and deer hunting permits shall be issued without charge to Illinois land owners who have a life estate on at least 40 acres of Illinois land.
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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 or | 18 | | have a life estate on at least 40 acres of
Illinois land | 19 | | and wish to hunt on their 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 | | has a life estate on, leases , or rents, except
that in the case | 17 | | of a permit issued without charge to a shareholder of a
| 18 | | corporation, the permit shall be valid on all lands owned by | 19 | | the
corporation in the 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 or aid of bait | 10 | | or baiting of any kind. For the purposes of this Section, | 11 | | "bait" means any material, whether liquid or solid, including | 12 | | food, salt, minerals, and other products, except pure water, | 13 | | that can be ingested, placed, or scattered in such a manner as | 14 | | to attract or lure wild turkeys. "Baiting" means the placement | 15 | | or scattering of bait to attract wild turkeys. An area is | 16 | | considered as baited during the presence of and for 10 | 17 | | consecutive days following the removal of the bait.
| 18 | | It is unlawful for any person to take in Illinois or have | 19 | | in his possession
more than one wild turkey per valid permit. | 20 | | For purposes of this Section "bona fide equity | 21 | | shareholder", "bona fide equity member", and "bona fide equity | 22 | | partner" shall have the same meaning as provided in Section | 23 | | 2.26 of this Act.
| 24 | | For the purposes of calculating acreage under this Section, | 25 | | the Department shall, after determining the total acreage of | 26 | | the applicable tract or tracts of land, round remaining |
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| 1 | | fractional portions of an acre greater than or equal to half of | 2 | | an acre up to the next whole acre. | 3 | | For the purposes of taking wild turkey, nothing in this | 4 | | Section shall be construed to prevent the manipulation, | 5 | | including mowing or cutting, of standing crops as a normal | 6 | | agricultural or soil stabilization practice, food plots, or | 7 | | normal agricultural practices, including planting, harvesting, | 8 | | and maintenance such as cultivating. Such manipulation for the | 9 | | purpose of taking wild turkey may be further modified by | 10 | | administrative rule. | 11 | | (Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.)
| 12 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
| 13 | | Sec. 2.26. Deer hunting permits. In this Section,
"bona | 14 | | fide equity shareholder" means an individual who (1) purchased, | 15 | | for
market price, publicly sold stock shares in a corporation,
| 16 | | purchased shares of a privately-held corporation for a value
| 17 | | equal to the percentage of the appraised value of the corporate | 18 | | assets
represented by the ownership in the corporation, or is a | 19 | | member of a
closely-held family-owned corporation and has | 20 | | purchased or been gifted with
shares of stock in the | 21 | | corporation accurately reflecting his or her
percentage of | 22 | | ownership and (2) intends to retain the ownership of the
shares | 23 | | of stock for at least 5 years.
| 24 | | In this Section, "bona fide equity member" means an | 25 | | individual who (1) (i)
became a member
upon
the formation of |
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| 1 | | the limited liability company or (ii) has purchased a
| 2 | | distributional interest in a limited liability company for a | 3 | | value equal to the
percentage of the appraised value of the LLC | 4 | | assets represented by the
distributional interest in the LLC | 5 | | and subsequently becomes a member of the
company
pursuant to | 6 | | Article 30 of the Limited Liability Company Act and who (2)
| 7 | | intends to retain the membership for at least 5 years.
| 8 | | In this Section, "bona fide equity partner" means an | 9 | | individual who (1) (i) became a partner, either general or | 10 | | limited, upon the formation of a partnership or limited | 11 | | partnership, 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, and | 14 | | assets of a partnership or limited partnership, (2) intends to | 15 | | retain ownership of the partnership interest for at least 5 | 16 | | years, and (3) is a resident of Illinois.
| 17 | | Any person attempting to take deer shall first obtain a | 18 | | "Deer
Hunting Permit" issued by the Department in accordance | 19 | | with its administrative rules.
Those rules must provide for the | 20 | | issuance of the following types of resident deer archery | 21 | | permits: (i) a combination permit, consisting of one either-sex | 22 | | permit and one antlerless-only permit, (ii) a single | 23 | | antlerless-only permit, and (iii) a single either-sex permit. | 24 | | The fee for a Deer Hunting Permit to take deer with either bow | 25 | | and arrow or gun
shall not exceed $25.00 for residents of the | 26 | | State. The Department may by
administrative rule provide for |
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| 1 | | non-resident deer hunting permits for which the
fee will not | 2 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and | 3 | | thereafter except as provided below for non-resident | 4 | | landowners
and non-resident archery hunters. The Department | 5 | | may by
administrative rule provide for a non-resident archery | 6 | | deer permit consisting
of not more than 2 harvest tags at a | 7 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 | 8 | | in 2007 and thereafter.
Permits shall be issued without charge | 9 | | to:
| 10 | | (a) Illinois landowners residing in Illinois who own or | 11 | | have a life estate on at least 40 acres of
Illinois land | 12 | | and wish to hunt their land only,
| 13 | | (b) resident tenants of at least 40 acres of commercial | 14 | | agricultural land
where they will hunt, and
| 15 | | (c) Bona fide equity shareholders of a corporation,
| 16 | | bona fide
equity
members of a limited liability
company, or | 17 | | bona fide equity partners of a general or limited | 18 | | partnership
which owns at least 40 acres of land
in a | 19 | | county in Illinois who wish to hunt on the corporation's, | 20 | | company's, or partnership's land only.
One permit shall be | 21 | | issued without charge to one bona fide equity
shareholder, | 22 | | one bona fide equity member, or one bona fide equity | 23 | | partner for each 40
acres of land owned by the corporation, | 24 | | company, or partnership in
a county; however, the number of
| 25 | | permits issued without charge to bona fide equity | 26 | | shareholders of any
corporation or bona fide equity members
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| 1 | | of a limited
liability company in any
county shall not | 2 | | exceed 15, and shall not exceed 3 in the case of bona fide | 3 | | equity partners of a partnership.
| 4 | | Bona fide landowners or tenants who do not wish to hunt | 5 | | only on the land
they own, rent, or lease or bona fide equity | 6 | | shareholders, bona fide
equity
members, or bona fide equity | 7 | | partners who do not wish to hunt
only on the
land owned by the | 8 | | corporation, limited liability company, or partnership
shall | 9 | | be
charged the same fee as the
applicant who is not a | 10 | | landowner, tenant, bona fide equity
shareholder,
bona fide | 11 | | equity member, or bona fide equity partner. Nonresidents
of
| 12 | | Illinois who own at least 40 acres of land and wish to hunt on | 13 | | their land only
shall be charged a fee set by administrative | 14 | | rule. The method for
obtaining these permits shall be | 15 | | prescribed by administrative rule.
| 16 | | The deer hunting permit issued without fee shall be valid | 17 | | on
all farm lands which the person to whom it is issued owns, | 18 | | has a life estate on, leases , or rents,
except that in the case | 19 | | of a permit issued to a bona fide equity
shareholder, bona fide | 20 | | equity member, or bona fide equity partner, the
permit shall
be | 21 | | valid on all lands owned by the corporation, limited liability
| 22 | | company, or partnership in the county.
| 23 | | The standards and specifications for use of guns and bow | 24 | | and arrow for
deer hunting shall be established by | 25 | | administrative rule.
| 26 | | No person may have in his possession any firearm not |
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| 1 | | authorized by
administrative rule for a specific hunting season | 2 | | when taking deer.
| 3 | | Persons having a firearm 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 shotgun, handgun, or muzzle
loading
rifle.
| 8 | | Persons having an archery deer hunting permit shall be | 9 | | permitted to
take deer only during the period from 1/2 hour | 10 | | before sunrise to 1/2 hour
after sunset, and only during those | 11 | | days for which an open season is
established for the taking of | 12 | | deer by use of bow and arrow.
| 13 | | It shall be unlawful for any person to take deer by use of | 14 | | dogs,
horses, automobiles, aircraft or other vehicles, or by | 15 | | the use
or aid of bait or baiting of any kind. For the purposes | 16 | | of this Section, "bait" means any material, whether liquid or | 17 | | solid, including food, salt, minerals, and other products, | 18 | | except pure water, that can be ingested, placed, or scattered | 19 | | in such a manner as to attract or lure white-tailed deer. | 20 | | "Baiting" means the placement or scattering of bait to attract | 21 | | deer. An area is considered as baited during the presence
of | 22 | | and for 10 consecutive days following the removal of bait. | 23 | | Nothing in this Section shall prohibit the use of a dog to | 24 | | track wounded deer. Any person using a dog for tracking wounded | 25 | | deer must maintain physical control of the dog at all times by | 26 | | means of a maximum 50 foot lead attached to the dog's collar or |
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| 1 | | harness. Tracking wounded deer is permissible at night, but at | 2 | | no time outside of legal deer hunting hours or seasons shall | 3 | | any person handling or accompanying a dog being used for | 4 | | tracking wounded deer be in possession of any firearm or | 5 | | archery device. Persons tracking wounded deer with a dog during | 6 | | the firearm deer seasons shall wear blaze orange as required. | 7 | | Dog handlers tracking wounded deer with a dog are exempt from | 8 | | hunting license and deer permit requirements so long as they | 9 | | are accompanied by the licensed deer hunter who wounded the | 10 | | deer.
| 11 | | It shall be unlawful to possess or transport any wild deer | 12 | | which has
been injured or killed in any manner upon a public | 13 | | highway or public
right-of-way of this State unless exempted by | 14 | | administrative rule.
| 15 | | Persons hunting deer must have gun unloaded and no bow and | 16 | | arrow
device shall be carried with the arrow in the nocked | 17 | | position during
hours when deer hunting is unlawful.
| 18 | | It shall be unlawful for any person, having taken the legal | 19 | | limit of
deer by gun, to further participate with gun in any | 20 | | deer hunting party.
| 21 | | It shall be unlawful for any person, having taken the legal | 22 | | limit
of deer by bow and arrow, to further participate with bow | 23 | | and arrow in any
deer hunting party.
| 24 | | The Department may prohibit upland game hunting during the | 25 | | gun deer
season by administrative rule.
| 26 | | The Department shall not limit the number of non-resident |
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| 1 | | either sex archery deer hunting permits to less than 20,000.
| 2 | | Any person who violates any of the provisions of this | 3 | | Section,
including administrative rules, shall be guilty of a | 4 | | Class B misdemeanor.
| 5 | | For the purposes of calculating acreage under this Section, | 6 | | the Department shall, after determining the total acreage of | 7 | | the applicable tract or tracts of land, round remaining | 8 | | fractional portions of an acre greater than or equal to half of | 9 | | an acre up to the next whole acre. | 10 | | For the purposes of taking white-tailed deer, nothing in | 11 | | this Section shall be construed to prevent the manipulation, | 12 | | including mowing or cutting, of standing crops as a normal | 13 | | agricultural or soil stabilization practice, food plots, or | 14 | | normal agricultural practices, including planting, harvesting, | 15 | | and maintenance such as cultivating or the use of products | 16 | | designed for scent only and not capable of ingestion, solid or | 17 | | liquid, placed or scattered, in such a manner as to attract or | 18 | | lure deer. Such manipulation for the purpose of taking | 19 | | white-tailed deer may be further modified by administrative | 20 | | rule. | 21 | | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; | 22 | | 98-180, eff. 8-5-13.)
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