Full Text of HB1074 94th General Assembly
HB1074ham002 94TH GENERAL ASSEMBLY
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Rep. Dan Reitz
Filed: 4/12/2005
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09400HB1074ham002 |
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LRB094 08799 RCE 45083 a |
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| AMENDMENT TO HOUSE BILL 1074
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| AMENDMENT NO. ______. Amend House Bill 1074, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 10. The Fish and Aquatic Life Code is amended by | 6 |
| changing Section 1-75 as follows:
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| (515 ILCS 5/1-75) (from Ch. 56, par. 1-75)
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| Sec. 1-75. Resident. "Resident" means a person who in good | 9 |
| faith makes
application for any license or permit and verifies | 10 |
| by statement that he or
she has maintained his or her permanent | 11 |
| abode in this State for a period of at least 30 consecutive | 12 |
| days immediately preceding the person's application, and who | 13 |
| does not maintain permanent abode or claim residency in another | 14 |
| state for the purposes of obtaining any of the same or similar | 15 |
| licenses or permits covered by this Code
actually resided in | 16 |
| this State for at least the 30 consecutive days
before the date | 17 |
| of application and that his or her residence or permanent
abode | 18 |
| is, at the time of making application, in this State . A | 19 |
| person's permanent abode is his or her fixed and permanent | 20 |
| dwelling place, as distinguished from a temporary or transient | 21 |
| place of residence. Domiciliary intent is required to establish | 22 |
| that the person is maintaining his or her permanent abode in | 23 |
| this State. Evidence of domiciliary intent includes, but is not | 24 |
| limited to, the location where the person votes, pays personal |
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LRB094 08799 RCE 45083 a |
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| income tax, or obtains a drivers license. Except for the | 2 |
| purposes of obtaining a Lifetime License, any
Any person on
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| active duty in the Armed Forces shall be considered a resident | 4 |
| of Illinois
during his or her period of military duty.
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| (Source: P.A. 87-833.)
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| Section 15. The Wildlife Code is amended by changing | 7 |
| Sections 1.2m, 2.26, and 3.37 as follows:
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| (520 ILCS 5/1.2m) (from Ch. 61, par. 1.2m)
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| Sec. 1.2m. "Resident" means a person who in good faith | 10 |
| makes application for any
license or permit and verifies by | 11 |
| statement that he or she has maintained his or her permanent | 12 |
| abode in this State for a period of at least 30 consecutive | 13 |
| days immediately preceding the person's application, and who | 14 |
| does not maintain permanent abode or claim residency in another | 15 |
| state for the purposes of obtaining any of the same or similar | 16 |
| licenses or permits covered by this Code
actually resided
in | 17 |
| this State at least 30 days consecutively preceding the date of | 18 |
| his
application and that his residence or permanent abode is, | 19 |
| at the time of
making application, in this State . A person's | 20 |
| permanent abode is his or her fixed and permanent dwelling | 21 |
| place, as distinguished from a temporary or transient place of | 22 |
| residence. Domiciliary intent is required to establish that the | 23 |
| person is maintaining his or her permanent abode in this State. | 24 |
| Evidence of domiciliary intent includes, but is not limited to, | 25 |
| the location where the person votes, pays personal income tax, | 26 |
| or obtains a drivers license. Except for the purposes of | 27 |
| obtaining a Lifetime License, any
Any person on active duty in | 28 |
| the
Armed Forces shall be considered a resident of Illinois | 29 |
| during his or
her period of military duty.
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| (Source: P.A. 81-382.)
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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 | 2 |
| fide equity shareholder" means an individual who (1) purchased, | 3 |
| for
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 | 6 |
| assets
represented by the ownership in the corporation, or is a | 7 |
| member of a
closely-held family-owned corporation and has | 8 |
| purchased or been gifted with
shares of stock in the | 9 |
| corporation accurately reflecting his or her
percentage of | 10 |
| ownership and (2) intends to retain the ownership of the
shares | 11 |
| of stock for at least 5 years.
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| In this Section, "bona fide equity member" means an | 13 |
| individual who (1) (i)
became a member
upon
the formation of | 14 |
| the limited liability company or (ii) has purchased a
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| distributional interest in a limited liability company for a | 16 |
| value equal to the
percentage of the appraised value of the LLC | 17 |
| assets represented by the
distributional interest in the LLC | 18 |
| and subsequently becomes a member of the
company
pursuant to | 19 |
| 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 | 22 |
| individual who (1) (i) became a partner, either general or | 23 |
| limited, upon the formation of a partnership or limited | 24 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 25 |
| partnership interest accurately representing his or her | 26 |
| percentage distributional interest in the profits, losses, and | 27 |
| assets of a partnership or limited partnership, (2) intends to | 28 |
| retain ownership of the partnership interest for at least 5 | 29 |
| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a | 31 |
| "Deer
Hunting Permit" in accordance with prescribed | 32 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 33 |
| Permits shall be issued by the Department.
The fee for a Deer | 34 |
| Hunting Permit to take deer with either bow and arrow or gun
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LRB094 08799 RCE 45083 a |
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| shall not exceed $15.00 for residents of the State. The | 2 |
| Department may by
administrative rule provide for non-resident | 3 |
| deer hunting permits for which the
fee will not exceed $410
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| $200 except as provided below for non-resident landowners
and | 5 |
| non-resident archery hunters. The Department may by
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| administrative rule provide for a non-resident archery deer | 7 |
| permit consisting
of not more than 2 harvest tags at a total | 8 |
| cost not to exceed $435
$225 .
Permits shall be issued without | 9 |
| charge to:
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| (a) Illinois landowners residing in Illinois who own at | 11 |
| least 40 acres of
Illinois land and wish to hunt their land | 12 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 14 |
| agricultural land
where they will hunt, and
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| (c) Bona fide equity shareholders of a corporation,
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| 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
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| permits issued without charge to bona fide equity | 26 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 28 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 29 |
| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 31 |
| only on the land
they own, rent , or lease or bona fide equity | 32 |
| shareholders, bona fide
equity
members, or bona fide equity | 33 |
| partners who do not wish to hunt
only on the
land owned by the | 34 |
| corporation, limited liability company, or partnership
shall |
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| be
charged the same fee as the
applicant who is not a | 2 |
| landowner, tenant, bona fide equity
shareholder,
bona fide | 3 |
| 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 | 5 |
| their land only
shall be charged a fee set by administrative | 6 |
| rule. The method for
obtaining these permits shall be | 7 |
| prescribed by administrative rule.
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| The deer hunting permit issued without fee shall be valid | 9 |
| on
all farm lands which the person to whom it is issued owns, | 10 |
| leases or rents,
except that in the case of a permit issued to | 11 |
| a bona fide equity
shareholder, bona fide equity member, or | 12 |
| bona fide equity partner, the
permit shall
be valid on all | 13 |
| lands owned by the corporation, limited liability
company, or | 14 |
| partnership in the county.
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| The standards and specifications for use of guns and bow | 16 |
| and arrow for
deer hunting shall be established by | 17 |
| administrative rule.
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| No person may have in his possession any firearm not | 19 |
| authorized by
administrative rule for a specific hunting season | 20 |
| when taking deer.
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| Persons having a firearm deer hunting permit shall be | 22 |
| permitted to
take deer only during the period from 1/2 hour | 23 |
| before sunrise to
sunset, and only during those days for which | 24 |
| an open season is
established for the taking of deer by use of | 25 |
| shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be | 27 |
| permitted to
take deer only during the period from 1/2 hour | 28 |
| before sunrise to 1/2 hour
after sunset, and only during those | 29 |
| days for which an open season is
established for the taking of | 30 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 32 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 33 |
| the use of salt
or bait of any kind. An area is considered as | 34 |
| baited during the presence
of and for 10 consecutive days |
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| following the removal of bait. Nothing in this Section shall | 2 |
| prohibit the use of a dog to track wounded deer. Any person | 3 |
| using a dog for tracking wounded deer must maintain physical | 4 |
| control of the dog at all times by means of a maximum 50 foot | 5 |
| lead attached to the dog's collar or harness. Tracking wounded | 6 |
| deer is permissible at night, but at no time outside of legal | 7 |
| deer hunting hours or seasons shall any person handling or | 8 |
| accompanying a dog being used for tracking wounded deer be in | 9 |
| possession of any firearm or archery device. Persons tracking | 10 |
| wounded deer with a dog during the firearm deer seasons shall | 11 |
| wear blaze orange as required. Dog handlers tracking wounded | 12 |
| deer with a dog are exempt from hunting license and deer permit | 13 |
| requirements so long as they are accompanied by the licensed | 14 |
| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 16 |
| which has
been injured or killed in any manner upon a public | 17 |
| highway or public
right-of-way of this State unless exempted by | 18 |
| administrative rule.
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| Persons hunting deer must have gun unloaded and no bow and | 20 |
| arrow
device shall be carried with the arrow in the nocked | 21 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 23 |
| limit of
deer by gun, to further participate with gun in any | 24 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 26 |
| limit
of deer by bow and arrow, to further participate with bow | 27 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 29 |
| gun deer
season by administrative rule.
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| The Department shall not limit the number of resident | 31 |
| archery deer hunting permits. The Department shall not limit | 32 |
| the number of non-resident archery deer hunting permits to less | 33 |
| than 20,000.
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| It shall be legal for handicapped persons, as defined in |
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| Section 2.33, to
utilize a crossbow device, as defined in | 2 |
| Department rules, to take deer.
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| Any person who violates any of the provisions of this | 4 |
| Section,
including administrative rules, shall be guilty of a | 5 |
| Class B misdemeanor.
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| (Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; | 7 |
| 92-651, eff. 7-11-02; 93-554, eff. 8-20-03; 93-807, eff. | 8 |
| 7-24-04; 93-823, eff. 1-1-05; revised 10-14-04.)
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| Section 99. Effective date. This Act takes effect upon | 10 |
| becoming law.".
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