093_HB0434

 
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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    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
 
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 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   $200  except  as  provided  below  for  non-resident
 5    landowners and non-resident  archery hunters. The  Department
 6    may by administrative rule provide for a non-resident archery
 7    deer  permit  consisting of not more than 2 harvest tags at a
 8    total cost not to exceed  $225.    Permits  shall  be  issued
 9    without charge to:
10             (a)  Illinois  landowners  residing  in Illinois who
11        own at least 40 acres of Illinois land and wish  to  hunt
12        their land only,
13             (b)  resident  tenants  of  at  least  40  acres  of
14        commercial agricultural land where they will hunt, and
15             (c)  Bona  fide equity shareholders of a corporation
16        or bona  fide  equity  members  of  a  limited  liability
17        company  which owns at least 40 acres of land in a county
18        in Illinois who wish to  hunt  on  the  corporation's  or
19        company's  land only.  One permit shall be issued without
20        charge to one bona fide equity shareholder  or  one  bona
21        fide equity member for each 40 acres of land owned by the
22        corporation  or  company in a county; however, the number
23        of permits issued without  charge  to  bona  fide  equity
24        shareholders  of  any  corporation  or  bona  fide equity
25        members of a limited  liability  company  in  any  county
26        shall not exceed 15.
27        Bona  fide  landowners or tenants who do not wish to hunt
28    only on the land they own, rent or lease or bona fide  equity
29    shareholders  or  bona fide equity members who do not wish to
30    hunt only on the land owned by  the  corporation  or  limited
31    liability  company  shall  be  charged  the  same  fee as the
32    applicant who is not a landowner, tenant,  bona  fide  equity
33    shareholder,  or  bona  fide  equity  member. Nonresidents of
34    Illinois who own at least 40 acres of land and wish  to  hunt
 
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 1    on   their   land   only  shall  be  charged  a  fee  set  by
 2    administrative rule. The method for obtaining  these  permits
 3    shall be prescribed by administrative rule.
 4        The deer hunting permit issued without fee shall be valid
 5    on all farm lands which the person to whom it is issued owns,
 6    leases  or  rents, except that in the case of a permit issued
 7    to a bona fide equity shareholder or bona fide equity member,
 8    the  permit  shall  be  valid  on  all  lands  owned  by  the
 9    corporation or limited liability company in the county.
10        The standards and specifications for use of guns and  bow
11    and   arrow   for   deer  hunting  shall  be  established  by
12    administrative rule.
13        No person may have in  his  possession  any  firearm  not
14    authorized  by  administrative  rule  for  a specific hunting
15    season when taking deer.
16        Persons having a firearm deer  hunting  permit  shall  be
17    permitted  to  take deer only during the period from 1/2 hour
18    before sunrise to sunset, and  only  during  those  days  for
19    which an open season is established for the taking of deer by
20    use of shotgun or muzzle loading rifle.
21        Persons  having  an  archery deer hunting permit shall be
22    permitted to take deer only during the period from  1/2  hour
23    before  sunrise  to  1/2  hour  after sunset, and only during
24    those days for which an open season is  established  for  the
25    taking of deer by use of bow and arrow.
26        It  shall  be unlawful for any person to take deer by use
27    of dogs, horses, automobiles, aircraft or other vehicles,  or
28    by  the  use  of  salt  or  bait  of  any  kind.   An area is
29    considered as baited  during  the  presence  of  and  for  10
30    consecutive days following the removal of bait.
31        It  shall  be  unlawful  to possess or transport any wild
32    deer which has been injured or killed in any  manner  upon  a
33    public  highway  or  public right-of-way of this State unless
34    exempted by administrative rule.
 
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 1        Persons hunting deer must have gun unloaded  and  no  bow
 2    and  arrow  device  shall  be  carried  with the arrow in the
 3    nocked position during hours when deer hunting is unlawful.
 4        It shall be unlawful for any  person,  having  taken  the
 5    legal  limit  of deer by gun, to further participate with gun
 6    in any deer hunting party.
 7        It shall be unlawful for any  person,  having  taken  the
 8    legal  limit of deer by bow and arrow, to further participate
 9    with bow and arrow in any deer hunting party.
10        The Department may prohibit upland  game  hunting  during
11    the gun deer season by administrative rule.
12        The  Department shall not limit the number of resident or
13    non-resident archery deer hunting permits.
14        It shall be legal for handicapped persons, as defined  in
15    Section  2.33,  to  utilize  a crossbow device, as defined in
16    Department rules, to take deer.
17        Any person who violates any of  the  provisions  of  this
18    Section, including administrative rules, shall be guilty of a
19    Class B misdemeanor.
20    (Source: P.A.  92-177,  eff.  7-27-01;  92-261,  eff. 8-7-01;
21    revised 9-19-01.)

22        Section 99.  Effective date.  This Act takes effect  upon
23    becoming law.