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| [ Introduced ] | [ Engrossed ] | [ House Amendment 001 ] |
92_HB0700enr HB0700 Enrolled LRB9202534TAtm 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 Section 2.26 as follows: 6 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) 7 Sec. 2.26. Deer hunting permits. In this Section, "bona 8 fide equity shareholder" means an individual who (1) 9 purchased, for market price, publicly sold stock shares in a 10 corporation, purchased shares of a privately-held corporation 11 for a value equal to the percentage of the appraised value of 12 the corporate assets represented by the ownership in the 13 corporation, or is a member of a closely-held family-owned 14 corporation and has purchased or been gifted with shares of 15 stock in the corporation accurately reflecting his or her 16 percentage of ownership and (2) intends to retain the 17 ownership of the shares of stock for at least 5 years. 18 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 21 distributional interest in a limited liability company for a 22 value equal to the percentage of the appraised value of the 23 LLC assets represented by the distributional interest in the 24 LLC and subsequently becomes a member of the company pursuant 25 to Article 30 of the Limited Liability Company Act and who 26 (2) intends to retain the membership for at least 5 years. 27 Any person attempting to take deer shall first obtain a 28 "Deer Hunting Permit" in accordance with prescribed 29 regulations set forth in an Administrative Rule. Deer 30 Hunting Permits shall be issued by the Department. The fee 31 for a Deer Hunting Permit to take deer with either bow and HB0700 Enrolled -2- LRB9202534TAtm 1 arrow or gun shall not exceed $15.00 for residents of the 2 State. The Department may by administrative rule provide for 3 non-resident deer hunting permits for which the fee will not 4 exceed $100 except as provided below for non-resident 5 landowners. Permits shall be issued without charge to: 6 (a) Illinois landowners residing in Illinois who 7 own at least 40 acres of Illinois land and wish to hunt 8 their land only, 9 (b) resident tenants of at least 40 acres of 10 commercial agricultural land where they will hunt, and 11 (c) Bona fide equity shareholders of a corporation 12 or bona fide equity members of a limited liability 13 company which owns at least 40 acres of land in a county 14 in Illinois who wish to hunt on the corporation's or 15 company's land only. One permit shall be issued without 16 charge to one bona fide equity shareholder or one bona 17 fide equity member for each 40 acres of land owned by the 18 corporation or company in a county; however, the number 19 of permits issued without charge to bona fide equity 20 shareholders of any corporation or bona fide equity 21 members of a limited liability company in any county 22 shall not exceed 15. 23 Bona fide landowners or tenants who do not wish to hunt 24 only on the land they own, rent or lease or bona fide equity 25 shareholders or bona fide equity members who do not wish to 26 hunt only on the land owned by the corporation or limited 27 liability company shall be charged the same fee as the 28 applicant who is not a landowner, tenant,orbona fide equity 29 shareholder, or bona fide equity member. Nonresidents of 30 Illinois who own at least 40 acres of land and wish to hunt 31 on their land only shall be charged a fee set by 32 administrative rule. The method for obtaining these permits 33 shall be prescribed by administrative rule. 34 The deer hunting permit issued without fee shall be valid HB0700 Enrolled -3- LRB9202534TAtm 1 on all farm lands which the person to whom it is issued owns, 2 leases or rents, except that in the case of a permit issued 3 to a bona fide equity shareholder or bona fide equity member, 4 the permit shall be valid on all lands owned by the 5 corporation or limited liability company in the county. 6 The Department may set aside, in accordance with the 7 prescribed regulations set forth in an administrative rule of 8 the Department, a limited number of Deer Hunting Permits to 9 be available to persons providing evidence of a contractual 10 arrangement to hunt on properties controlled by a bona fide 11 Illinois outfitter. The number of available permits shall be 12 based on a percentage of unfilled permits remaining after the 13 previous year's lottery. Eligible outfitters shall be those 14 having membership in, and accreditation conferred by, a 15 professional association of outfitters approved by the 16 Department. The association shall be responsible for setting 17 professional standards and codes of conduct for its 18 membership, subject to Departmental approval. In addition to 19 the fee normally charged for resident and nonresident 20 permits, a reservation fee not to exceed $200 shall be 21 charged to the outfitter for each permit set aside in 22 accordance with this Act. The reservation fee shall be 23 deposited into the Wildlife and Fish Fund. 24 The standards and specifications for use of guns and bow 25 and arrow for deer hunting shall be established by 26 administrative rule. 27 No person may have in his possession any firearm not 28 authorized by administrative rule for a specific hunting 29 season when taking deer. 30 Persons having a firearm deer hunting permit shall be 31 permitted to take deer only during the period from 1/2 hour 32 before sunrise to sunset, and only during those days for 33 which an open season is established for the taking of deer by 34 use of shotgun or muzzle loading rifle. HB0700 Enrolled -4- LRB9202534TAtm 1 Persons having an archery deer hunting permit shall be 2 permitted to take deer only during the period from 1/2 hour 3 before sunrise to 1/2 hour after sunset, and only during 4 those days for which an open season is established for the 5 taking of deer by use of bow and arrow. 6 It shall be unlawful for any person to take deer by use 7 of dogs, horses, automobiles, aircraft or other vehicles, or 8 by the use of salt or bait of any kind. An area is 9 considered as baited during the presence of and for 10 10 consecutive days following the removal of bait. 11 It shall be unlawful to possess or transport any wild 12 deer which has been injured or killed in any manner upon a 13 public highway or public right-of-way of this State unless 14 exempted by administrative rule. 15 Persons hunting deer must have gun unloaded and no bow 16 and arrow device shall be carried with the arrow in the 17 nocked position during hours when deer hunting is unlawful. 18 It shall be unlawful for any person, having taken the 19 legal limit of deer by gun, to further participate with gun 20 in any deer hunting party. 21 It shall be unlawful for any person, having taken the 22 legal limit of deer by bow and arrow, to further participate 23 with bow and arrow in any deer hunting party. 24 The Department may prohibit upland game hunting during 25 the gun deer season by administrative rule. 26 It shall be legal for handicapped persons, as defined in 27 Section 2.33, to utilize a crossbow device, as defined in 28 Department rules, to take deer. 29 Any person who violates any of the provisions of this 30 Section, including administrative rules, shall be guilty of a 31 Class B misdemeanor. 32 (Source: P.A. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97; 33 90-490, eff. 8-17-97; 90-655, eff. 7-30-98.) HB0700 Enrolled -5- LRB9202534TAtm 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.