HB5439eng 104TH GENERAL ASSEMBLY

HB5439 Engrossed LRB104 20687 TRT 34186 b

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Wildlife Code is amended by adding Section 1.2aaa and by changing Sections 3.1-6 and 3.24 as follows:

(520 ILCS 5/1.2aaa new)

Sec. 1.2aaa. Captive-reared. "Captive-reared" means any wildlife that is born, bred, raised, or held in captivity.

(520 ILCS 5/3.1-6)

(Text of Section before amendment by P.A. 104-361)

Sec. 3.1-6. Special deer, turkey, and combination hunting licenses.

(a) For the purpose of this Section:

"Bona fide current income beneficiary" means an individual who, at the time of application for a deer permit is:

(1) entitled to income, whether income exists or not, from the trust that owns Illinois land on which the applicant wishes to hunt with no condition precedent, such as surviving another person or reaching a certain age, other than the trustee distributing the income; and

(2) listed by name in the trust documents as an income beneficiary.

"Bona fide equity member" means an individual who:

(1)(i) became a member upon the formation of the limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the limited liability company's LLC assets represented by the distributional interest in the limited liability company LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and

(2) intends to retain the membership for at least 5 years.

"Bona fide equity partner" means an individual who:

(1)(i) became a partner, either general or limited, upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership;

(2) intends to retain ownership of the partnership interest for at least 5 years; and

(3) is a resident of this State.

"Bona fide equity shareholder" means an individual who:

(1) purchased, for market price, publicly sold stock shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and

(2) intends to retain the ownership of the shares of stock for at least 5 years.

"Bona fide landowner" means a person that owns in fee simple land that is titled in his or her name.

"Current owners" means one or more bona fide landowners, one or more bona fide current income beneficiaries, one or more bona fide equity shareholders of a corporation, one or more bona fide equity members of a limited liability company, or one or more bona fide equity partners of a partnership that all own the same 240 acres of Illinois land.

"Immediate family of a bona fide landowner, a tenant, or a bona fide current income beneficiary" means the spouse, children, brothers, sisters, grandchildren, grandparents, and parents permanently residing on the same property as the bona fide landowner, tenant, or bona fide current income beneficiary.

"Tenant" means a person who rents 40 acres or more of Illinois land for commercial agricultural purposes under a written notarized agreement with the landowners

(b) Landowner deer and turkey permits shall be issued without charge to an Illinois resident that owns at least 40 acres of Illinois land and that wishes to hunt on the land that Illinois resident owns. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only permit for the archery deer season. Land ownership shall be accepted by the Department for:

(1) bona fide landowners;

(2) bona fide current income beneficiaries of a trust where the trust owns Illinois land; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership that owns Illinois land.

(b-5) Tenant deer and turkey permits shall be issued without charge to Illinois resident tenants of at least 40 acres of commercial agricultural land that wish to hunt only on the land of which they are resident tenants. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season.

(b-10) The total number of deer or turkey permits that may be issued to a person under this Section shall be established by administrative rule.

(b-15) Bona fide landowners, bona fide equity shareholders, bona fide equity members, bona fide current income beneficiaries of a trust, or bona fide equity partners who do not wish to hunt only on the land that they are authorized to hunt on under a permit issued pursuant to subsection (b) shall be limited by administrative rule as to any other deer or turkey permit that they may be eligible to receive. Tenants who do not wish to hunt only on the land that they are authorized to hunt on under a permit issued pursuant to subsection (b-5) shall be limited by administrative rule as to any other deer or turkey permit that they may be eligible to receive.

(b-20) Nonresidents of this State who own at least 40 acres of land as a bona fide landowner, a bona fide current income beneficiary of a trust, a bona fide equity shareholder, or a bona fide equity member and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(c) A deer or turkey hunting permit issued under subsection (b), (b-20), (g), or (i) shall be valid on all Illinois lands where the person to whom it is issued owns the land, including land owned by the individual as a bona fide landowner, land owned as a bona fide equity shareholder of a corporation, land owned by the individual as a bona fide equity member of a limited liability company, and land owned by the individual as an Illinois resident as a bona fide equity partner of a partnership.

(d) Except for a person hunting under a permit issued under subsection (e) or (f), while hunting under a permit issued under this Section, a person must carry the permit and documentation showing proof that the person is a bona fide landowner, a bona fide equity shareholder of a corporation, a bona fide equity member of a limited liability company, a bona fide current income beneficiary, a bona fide equity partner of a general or limited partnership, or a tenant. While hunting under a permit issued under subsection (e) or (f), a person must carry the permit and documentation showing that the person is actively hunting on land covered by the permit.

(e) The Department may, by administrative rule, issue permits under this Section to the immediate family of a bona fide landowner, a bona fide current income beneficiary, or a tenant.

(f) For every 240 acres of Illinois land owned by the current owners, the Department may issue one guest either-sex deer permit and one guest antlerless-only deer permit. The guest permits shall be for the same deer hunting season and for the same method of take as issued to the current owner. A guest permit shall be issued to an individual who is not a current owner and is listed on the application for the issuance of guest deer hunting permits by a current owner. An individual designated by a current owner must meet all the eligibility requirements to hunt under this Code and shall pay all fees required under Section 2.26 for the permits issued, including non-resident fees if that individual is a non-resident. Permits issued under this subsection may not be offered for resale by the landowner receiving the permit and are nontransferable. No more than 5 individuals, regardless of the total number of the 240 acres of Illinois land owned by the current owners, may be issued guest permits under this subsection.

(g) Landowner deer permits shall be issued without charge to an Illinois resident that owns at least 20 acres of Illinois land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and the Illinois resident wishes to hunt only on the land that he or she owns. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season. Land ownership shall only be accepted by the Department for:

(1) bona fide landowners;

(2) bona fide current income beneficiaries of a trust where the trust owns land in the State; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns land in the State.

(h) Tenant deer permits shall be issued without charge to Illinois resident tenants of at least 20 acres of Illinois land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd and the tenant wishes to hunt only on the land of which he or she is a resident tenant. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season.

(b) Landowner deer, turkey, and combination permits shall be issued without charge to:

(1) Illinois landowners residing in this State who own at least 40 acres of Illinois land and wish to hunt upon their land only;

(2) resident tenants of at least 40 acres of commercial agricultural land where they will hunt; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 40 acres of land in a county in this State who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 40 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.

Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(i) (b-5) Landowner deer permits shall be issued to nonresidents of this State who own at least 20 acres of land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and the nonresident wishes to hunt on their land only. The nonresident shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule. without charge to:

(1) Illinois landowners residing in this State who own at least 20 acres of Illinois land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and who wish to hunt upon their land only;

(2) resident tenants of at least 20 acres of commercial agricultural land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd where they will hunt and who wish to hunt upon the land they are tenants of only; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 20 acres of land in a county in this State where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 20 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.

Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner.

Nonresidents of this State who own at least 20 acres of land where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all farm lands which the person to whom it is issued owns, leases or rents, except that in the case of a permit issued to a bona fide equity shareholder, bona fide equity member, or bona fide equity partner, the permit shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.

(j) The Department may adopt rules to administer and enforce this Section, including, but not limited to, application requirements, proof of ownership requirements, proof of residency requirements, eligibility requirements, restrictions, and suspension and revocation of permits.

(k) No person shall be issued more than (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the deer archery season under this Section.

(Source: P.A. 104-59, eff. 1-1-26; revised 9-15-25.)

(Text of Section after amendment by P.A. 104-361)

Sec. 3.1-6. Landowner or tenant deer and turkey hunting permits.

(a) For the purpose of this Section:

"Bona fide current income beneficiary" means an individual who, at the time of application for a deer permit, is:

(1) entitled to income, whether income exists or not, from the trust that owns Illinois land on which the applicant wishes to hunt with no condition precedent, such as surviving another person or reaching a certain age, other than the trustee distributing the income; and

(2) listed by name in the trust documents as an income beneficiary.

"Bona fide equity member" means an individual who:

(1)(i) became a member upon the formation of the limited liability company or (ii) has purchased a distributional interest in a limited liability company for a value equal to the percentage of the appraised value of the limited liability company's LLC assets represented by the distributional interest in the limited liability company LLC and subsequently becomes a member of the company under Article 30 of the Limited Liability Company Act; and

(2) intends to retain the membership for at least 5 years.

"Bona fide equity partner" means an individual who:

(1)(i) became a partner, either general or limited, upon the formation of a partnership or limited partnership, or (ii) has purchased, acquired, or been gifted a partnership interest accurately representing his or her percentage distributional interest in the profits, losses, and assets of a partnership or limited partnership;

(2) intends to retain ownership of the partnership interest for at least 5 years; and

(3) is a resident of this State.

"Bona fide equity shareholder" means an individual who:

(1) purchased, for market price, publicly sold stock shares in a corporation, purchased shares of a privately-held corporation for a value equal to the percentage of the appraised value of the corporate assets represented by the ownership in the corporation, or is a member of a closely-held family-owned corporation and has purchased or been gifted with shares of stock in the corporation accurately reflecting his or her percentage of ownership; and

(2) intends to retain the ownership of the shares of stock for at least 5 years.

"Bona fide landowner" means a person that owns land in fee simple and the land is titled in their name.

"Current owners" means one or more bona fide landowners, one or more bona fide current income beneficiaries, one or more bona fide equity shareholders of a corporation, one or more bona fide equity members of a limited liability company, or one or more bona fide equity partners of a partnership that all own the same 240 acres of Illinois land.

"Immediate family of a bona fide landowner, a tenant, or a bona fide current income beneficiary" means the spouse, children, brothers, sisters, grandchildren, grandparents, and parents permanently residing on the same property as the bona fide landowner, tenant, or bona fide current income beneficiary.

"Tenant" means a person who rents 40 acres or more of Illinois land for commercial agricultural purposes under a written notarized agreement with the landowner.

(b) Landowner deer and turkey permits shall be issued without charge to an Illinois resident that owns at least 40 acres of Illinois land and that wishes to hunt only on the land that Illinois resident owns. Deer permits issued under this subsection Section shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex permit and one antlerless-only deer permit for the archery deer season. Land ownership shall only be accepted by the Department for:

(1) bona fide landowners;

(2) bona fide current income beneficiaries of a trust in which the trust owns Illinois land; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns Illinois land land in this State.

(b-5) (Blank). Landowner deer permits shall be issued without charge to:

(1) Illinois landowners residing in this State who own at least 20 acres of Illinois land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and who wish to hunt upon their land only;

(2) resident tenants of at least 20 acres of commercial agricultural land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd where they will hunt and who wish to hunt upon the land they are tenants of only; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns at least 20 acres of land in a county in this State where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on the corporation's, company's, or partnership's land only. One permit shall be issued without charge to one bona fide equity shareholder, one bona fide equity member, or one bona fide equity partner for each 20 acres of land owned by the corporation, company, or partnership in a county; however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members of a limited liability company in any county shall not exceed 15, and shall not exceed 3 in the case of bona fide equity partners of a partnership.

Bona fide landowners or tenants who do not wish to hunt only on the land they own, rent, or lease or bona fide equity shareholders, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner.

Nonresidents of this State who own at least 20 acres of land where the Department has positively identified chronic wasting disease cases in the deer herd and who wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(b-10) (b-5) Tenant deer and turkey permits shall be issued without charge to Illinois resident tenants of at least 40 acres of commercial agricultural land who that wish to hunt only on the land of which they are resident tenants. Deer permits issued under this subsection Section shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season.

(b-15) (b-10) The total number of deer or turkey permits that may be issued to a person under this Section shall be established by administrative rule.

(b-20) Bona fide landowners, bona fide equity shareholders, bona fide equity members, bona fide current income beneficiaries of a trust, or bona fide equity partners who do not wish to hunt only on the land that they are authorized to hunt on under a permit issued pursuant to subsection (b) shall be limited by administrative rule as to any other deer or turkey permit that they may be eligible to receive. Tenants who do not wish to hunt only on the land that they are authorized to hunt on under a permit issued pursuant to subsection (b-5) shall be limited by administrative rule as to any other deer or turkey permit that they may be eligible to receive.

(b-25) (b-15) Bona fide landowners who do not wish to hunt only on the land they own, tenants who do not wish to hunt only on the land they rent or lease, or bona fide equity shareholders, bona fide equity members, bona fide current income beneficiaries of a trust, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, trust, or partnership shall be charged the same fee as the applicant who is not a bona fide landowner, Illinois resident tenant, bona fide equity shareholder, bona fide equity member, bona fide current income beneficiary of a trust, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land as a bona fide landowner, a bona fide current income beneficiary of a trust, a bona fide equity shareholder, or a bona fide equity member and wish to hunt on their land only shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(c) A deer or turkey hunting permit issued under subsection (b), (b-20), (g), or (i) without fee shall be valid on all Illinois lands where which the person to whom it is issued owns the land, including land owned by the individual as a bona fide landowner, land owned as a bona fide equity shareholder of a corporation, land owned by the individual as a bona fide equity member of a limited liability company, and land owned by the individual as an Illinois resident as a bona fide equity partner of a partnership.

(d) Except for a person hunting under a permit issued under subsection (e) or (f), while hunting under a permit issued under this Section, a person must carry the permit and documentation showing proof of that the person is a bona fide landowner, a bona fide equity shareholder of a corporation, a bona fide equity member of a limited liability company, a bona fide current income beneficiary, a bona fide equity partner partners of a general or limited partnership, or a tenant. While hunting under a permit issued under subsection (e) or (f), a person must carry the permit and documentation showing that the person is actively hunting on land covered by the permit.

(e) The Department may, by administrative rule, issue permits under this Section to the immediate family of a bona fide landowner, a bona fide current income beneficiary, or tenant.

(f) For every 240 acres of Illinois land owned by the current owners, the Department may issue one guest either-sex deer permit and one guest antlerless-only deer permit. The guest permits shall be for the same deer hunting season and for the same method of take as issued to the current owner. A guest permit shall be issued to an individual who is not a current owner and is listed on the application for the issuance of guest deer hunting permits by a current owner. An individual designated by a current owner must meet all the eligibility requirements to hunt under this Code and shall pay all fees required under Section 2.26 for the permits issued, including non-resident fees if that individual is a non-resident. Permits issued under this subsection may not be offered for resale by the landowner receiving the permit and are nontransferable. No more than 5 individuals, regardless of the total number of 240 acres of Illinois land owned by the current owners, may be issued guest permits under this subsection.

(g) Landowner deer permits shall be issued without charge to an Illinois resident that owns at least 20 acres of Illinois land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and the Illinois resident wishes to hunt only on the land that he or she owns. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season. Land ownership shall only be accepted by the Department for:

(1) bona fide landowners;

(2) bona fide current income beneficiaries of a trust where the trust owns Illinois land; and

(3) bona fide equity shareholders of a corporation, bona fide equity members of a limited liability company, or bona fide equity partners of a general or limited partnership which owns land in the State.

(h) Tenant deer permits shall be issued without charge to Illinois resident tenants of at least 20 acres of Illinois land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd and the tenant wishes to hunt only on the land of which he or she is a resident tenant. Deer permits issued under this subsection shall consist of (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the archery deer season.

(i) Landowner deer permits shall be issued to nonresidents of this State who own at least 20 acres of land located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and the nonresident wishes to hunt on their land only, shall be charged a fee set by administrative rule. The method for obtaining these permits shall be prescribed by administrative rule.

(j) (g) The Department may adopt rules to administer and enforce this Section, including, but not limited to, application requirements, proof of ownership requirements, proof of residency requirements, eligibility requirements, restrictions, and suspension and revocation of permits.

(k) (h) No person shall be issued more than (i) one either-sex deer permit and one antlerless-only deer permit for the deer firearm season and (ii) one either-sex deer permit and one antlerless-only deer permit for the deer archery season under this Section.

(Source: P.A. 104-59, eff. 1-1-26; 104-361, eff. 1-1-27; revised 9-15-25.)

(520 ILCS 5/3.24) (from Ch. 61, par. 3.24)

Sec. 3.24. Before any person, except permittees under Section 3.23 of this Act, shall engage in buying, selling or processing of captive-reared game birds, captive-reared migratory game birds, captive-reared game mammals, or legally taken furbearers wild game for the purpose of buying, selling or shipping the same, including the carcasses of fur-bearing mammals, for public consumption, he shall first procure a license to do so from the Department. Dealers in deer, or any parts thereof, legally taken and possessed in and transported from, other states, shall also be licensed under the provisions of this Section. All such deer, or parts thereof, shall be marked with permanent irremovable tags, or similar devices, to establish and retain their origin and identity.

The terms "buying or selling" include buying or selling by hotel keepers, restaurant keepers and others engaged in buying or selling prepared foods for consumption.

A permit shall be procured for each separate market or place of business operated by any person who sells captive-reared game birds, captive-reared migratory game birds, captive-reared game mammals, or legally taken furbearers wild game for public consumption and for each vehicle from which captive-reared game birds, captive-reared migratory game birds, captive-reared game mammals, or legally taken furbearers game or fur-bearing mammals are sold. Such permits shall be conspicuously displayed at all times.

This permit shall be known as a processed wild game dealer's permit. It shall be issued by the Department for a fee of $25.00 annually and shall expire on March 31st of each year. The Department may prescribe the necessary forms as may be desirable for the maintenance of records by the licensee, to record all transactions in wild game that may be marketed under the provisions of the laws of this State and game imported legally from other states.

Nothing in this Section shall be construed to give the holder of a processed wild game dealer's permit authority to take or sell game birds, migratory game birds, game mammals, or fur-bearing mammals in their wild state contrary to other provisions of this Act. The person in possession of such game birds, migratory game birds, game mammals, or fur-bearing and mammals has the burden of proving the legality of their his possession.

No person shall sell the carcasses, or parts thereof, of game birds, migratory game birds, or game mammals in their wild state for public consumption.

(Source: P.A. 84-150.)

Section 95. No acceleration or delay. Where this Act makes changes in a statute that is represented in this Act by text that is not yet or no longer in effect (for example, a Section represented by multiple versions), the use of that text does not accelerate or delay the taking effect of (i) the changes made by this Act or (ii) provisions derived from any other Public Act.