Full Text of HB4402 93rd General Assembly
HB4402 93RD GENERAL ASSEMBLY
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93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004 HB4402
Introduced 2/3/2004, by Rep. Keith P. Sommer SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.26 |
from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Defines "bona fide equity partner". Provides that bona fide equity partners of a general partnership or limited partnership that owns at least 40 acres of land in a county in Illinois may obtain one free deer hunting permit for every 40 acres of land owned by the partnership in that county for the purpose of deer hunting on the partnership's land.
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A BILL FOR
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HB4402 |
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LRB093 15620 RAS 41228 b |
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| AN ACT concerning hunting.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Wildlife Code is amended by changing Section | 5 |
| 2.26 as follows:
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| (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| Sec. 2.26. Deer hunting permits. In this Section,
"bona | 8 |
| fide equity shareholder" means an individual who (1) purchased, | 9 |
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market price, publicly sold stock shares in a corporation,
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| purchased shares of a privately-held corporation for a value
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| equal to the percentage of the appraised value of the corporate | 12 |
| assets
represented by the ownership in the corporation, or is a | 13 |
| member of a
closely-held family-owned corporation and has | 14 |
| purchased or been gifted with
shares of stock in the | 15 |
| corporation accurately reflecting his or her
percentage of | 16 |
| ownership and (2) intends to retain the ownership of the
shares | 17 |
| of stock for at least 5 years.
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| 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
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| distributional interest in a limited liability company for a | 22 |
| value equal to the
percentage of the appraised value of the LLC | 23 |
| assets represented by the
distributional interest in the LLC | 24 |
| and subsequently becomes a member of the
company
pursuant to | 25 |
| Article 30 of the Limited Liability Company Act and who (2)
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| intends to retain the membership for at least 5 years.
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| In this Section, "bona fide equity partner" means an | 28 |
| individual who (1) (i) became a partner, either general or | 29 |
| limited, upon the formation of a partnership or limited | 30 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 31 |
| partnership interest accurately representing his or her | 32 |
| percentage distributional interest in the profits, losses, and |
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HB4402 |
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LRB093 15620 RAS 41228 b |
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| assets of a partnership or limited partnership, and (2) intends | 2 |
| to retain ownership of the partnership interest for at least 5 | 3 |
| years.
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| Any person attempting to take deer shall first obtain a | 5 |
| "Deer
Hunting Permit" in accordance with prescribed | 6 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 7 |
| Permits shall be issued by the Department.
The fee for a Deer | 8 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $15.00 for residents of the State. The | 10 |
| Department may by
administrative rule provide for non-resident | 11 |
| deer hunting permits for which the
fee will not exceed $200 | 12 |
| except as provided below for non-resident landowners
and | 13 |
| non-resident archery hunters. The Department may by
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| administrative rule provide for a non-resident archery deer | 15 |
| permit consisting
of not more than 2 harvest tags at a total | 16 |
| cost not to exceed $225.
Permits shall be issued without charge | 17 |
| to:
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| (a) Illinois landowners residing in Illinois who own at | 19 |
| least 40 acres of
Illinois land and wish to hunt their land | 20 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 22 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation ,
or
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| bona fide
equity
members of a limited liability
company , or | 25 |
| bona fide equity partners of a general or limited | 26 |
| partnership
which owns at least 40 acres of land
in a | 27 |
| county in Illinois who wish to hunt on the corporation's ,
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| or company's , or partnership's land only.
One permit shall | 29 |
| be issued without charge to one bona fide equity
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| shareholder ,
or one bona fide equity member , or one bona | 31 |
| fide equity partner for each 40
acres of land owned by the | 32 |
| corporation ,
or company , or partnership in
a county; | 33 |
| however, the number of
permits issued without charge to | 34 |
| bona fide equity shareholders of any
corporation ,
or bona | 35 |
| fide equity members
of a limited
liability company , or bona | 36 |
| fide equity partners of a partnership in any
county shall |
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HB4402 |
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LRB093 15620 RAS 41228 b |
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| not exceed 15.
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| Bona fide landowners or tenants who do not wish to hunt | 3 |
| only on the land
they own, rent or lease or bona fide equity | 4 |
| shareholders ,
or bona fide
equity
members , or bona fide equity | 5 |
| partners who do not wish to hunt
only on the
land owned by the | 6 |
| corporation ,
or limited liability company , or partnership
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| shall be
charged the same fee as the
applicant who is not a | 8 |
| landowner, tenant, bona fide equity
shareholder, or
bona fide | 9 |
| equity member , or bona fide equity partner . Nonresidents
of
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| Illinois who own at least 40 acres of land and wish to hunt on | 11 |
| their land only
shall be charged a fee set by administrative | 12 |
| rule. The method for
obtaining these permits shall be | 13 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 15 |
| on
all farm lands which the person to whom it is issued owns, | 16 |
| leases or rents,
except that in the case of a permit issued to | 17 |
| a bona fide equity
shareholder ,
or bona fide equity member , or | 18 |
| bona fide equity partner , the
permit shall
be valid on all | 19 |
| lands owned by the corporation ,
or limited liability
company , | 20 |
| or partnership in the county.
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| The standards and specifications for use of guns and bow | 22 |
| and arrow for
deer hunting shall be established by | 23 |
| administrative rule.
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| No person may have in his possession any firearm not | 25 |
| authorized by
administrative rule for a specific hunting season | 26 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 28 |
| permitted to
take deer only during the period from 1/2 hour | 29 |
| before sunrise to
sunset, and only during those days for which | 30 |
| an open season is
established for the taking of deer by use of | 31 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 33 |
| permitted to
take deer only during the period from 1/2 hour | 34 |
| before sunrise to 1/2 hour
after sunset, and only during those | 35 |
| days for which an open season is
established for the taking of | 36 |
| deer by use of bow and arrow.
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LRB093 15620 RAS 41228 b |
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| It shall be unlawful for any person to take deer by use of | 2 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 3 |
| the use of salt
or bait of any kind. An area is considered as | 4 |
| baited during the presence
of and for 10 consecutive days | 5 |
| following the removal of bait.
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| It shall be unlawful to possess or transport any wild deer | 7 |
| which has
been injured or killed in any manner upon a public | 8 |
| highway or public
right-of-way of this State unless exempted by | 9 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 11 |
| arrow
device shall be carried with the arrow in the nocked | 12 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 14 |
| limit of
deer by gun, to further participate with gun in any | 15 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 17 |
| limit
of deer by bow and arrow, to further participate with bow | 18 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 20 |
| gun deer
season by administrative rule.
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| It shall be legal for handicapped persons, as defined in | 22 |
| Section 2.33, to
utilize a crossbow device, as defined in | 23 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 25 |
| Section,
including administrative rules, shall be guilty of a | 26 |
| Class B misdemeanor.
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| (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; | 28 |
| 92-651, eff.
7-11-02; 93-554, eff. 8-20-03.)
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