Full Text of HB5121 096th General Assembly
HB5121 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB5121
Introduced 1/29/2010, by Rep. Chapin Rose SYNOPSIS AS INTRODUCED: |
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520 ILCS 5/2.26 |
from Ch. 61, par. 2.26 |
520 ILCS 5/3.2 |
from Ch. 61, par. 3.2 |
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Amends the Wildlife Code. Requires the Department of Natural Resources to place the following warning on all Deer Hunting Permits: "To lawfully hunt deer in the State of Illinois, a hunter may need to acquire a hunting license as well as this permit.". Requires the Department to place the following warning on all hunting licenses and Sportsmen's Combination Licenses: "To lawfully hunt certain species in the State of Illinois, such as deer, migratory waterfowl, and wild turkey, it may be necessary to acquire an additional permit, stamp, or both."
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A BILL FOR
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HB5121 |
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LRB096 19388 JDS 34779 b |
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| AN ACT concerning wildlife.
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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 10. The Wildlife Code is amended by changing | 5 |
| Sections 2.26 and 3.2 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 |
| 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 | 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 |
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HB5121 |
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LRB096 19388 JDS 34779 b |
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| and subsequently becomes a member of the
company
pursuant to | 2 |
| 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 | 5 |
| individual who (1) (i) became a partner, either general or | 6 |
| limited, upon the formation of a partnership or limited | 7 |
| partnership, or (ii) has purchased, acquired, or been gifted a | 8 |
| partnership interest accurately representing his or her | 9 |
| percentage distributional interest in the profits, losses, and | 10 |
| assets of a partnership or limited partnership, (2) intends to | 11 |
| retain ownership of the partnership interest for at least 5 | 12 |
| years, and (3) is a resident of Illinois.
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| Any person attempting to take deer shall first obtain a | 14 |
| "Deer
Hunting Permit" in accordance with prescribed | 15 |
| regulations set forth in an
Administrative Rule. Deer Hunting | 16 |
| Permits shall be issued by the Department.
The fee for a Deer | 17 |
| Hunting Permit to take deer with either bow and arrow or gun
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| shall not exceed $25.00 for residents of the State. The | 19 |
| Department may by
administrative rule provide for non-resident | 20 |
| deer hunting permits for which the
fee will not exceed $300 in | 21 |
| 2005, $350 in 2006, and $400 in 2007 and thereafter except as | 22 |
| provided below for non-resident landowners
and non-resident | 23 |
| archery hunters. The Department may by
administrative rule | 24 |
| provide for a non-resident archery deer permit consisting
of | 25 |
| not more than 2 harvest tags at a total cost not to exceed $325 | 26 |
| in 2005, $375 in 2006, and $425 in 2007 and thereafter.
Permits |
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LRB096 19388 JDS 34779 b |
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| shall be issued without charge to:
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| (a) Illinois landowners residing in Illinois who own at | 3 |
| least 40 acres of
Illinois land and wish to hunt their land | 4 |
| only,
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| (b) resident tenants of at least 40 acres of commercial | 6 |
| 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 | 9 |
| bona fide equity partners of a general or limited | 10 |
| partnership
which owns at least 40 acres of land
in a | 11 |
| county in Illinois who wish to hunt on the corporation's, | 12 |
| company's, or partnership's land only.
One permit shall be | 13 |
| issued without charge to one bona fide equity
shareholder, | 14 |
| one bona fide equity member, or one bona fide equity | 15 |
| partner for each 40
acres of land owned by the corporation, | 16 |
| company, or partnership in
a county; however, the number of
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| permits issued without charge to bona fide equity | 18 |
| shareholders of any
corporation or bona fide equity members
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| of a limited
liability company in any
county shall not | 20 |
| exceed 15, and shall not exceed 3 in the case of bona fide | 21 |
| equity partners of a partnership.
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| Bona fide landowners or tenants who do not wish to hunt | 23 |
| only on the land
they own, rent, or lease or bona fide equity | 24 |
| shareholders, bona fide
equity
members, or bona fide equity | 25 |
| partners who do not wish to hunt
only on the
land owned by the | 26 |
| corporation, limited liability company, or partnership
shall |
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LRB096 19388 JDS 34779 b |
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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
1/2 hour after sunset, and only during those | 24 |
| days for which an open season is
established for the taking of | 25 |
| deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| Persons having an archery deer hunting permit shall be |
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LRB096 19388 JDS 34779 b |
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| permitted to
take deer only during the period from 1/2 hour | 2 |
| before sunrise to 1/2 hour
after sunset, and only during those | 3 |
| days for which an open season is
established for the taking of | 4 |
| deer by use of bow and arrow.
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| It shall be unlawful for any person to take deer by use of | 6 |
| dogs,
horses, automobiles, aircraft or other vehicles, or by | 7 |
| the use of salt
or bait of any kind. An area is considered as | 8 |
| baited during the presence
of and for 10 consecutive days | 9 |
| following the removal of bait. Nothing in this Section shall | 10 |
| prohibit the use of a dog to track wounded deer. Any person | 11 |
| using a dog for tracking wounded deer must maintain physical | 12 |
| control of the dog at all times by means of a maximum 50 foot | 13 |
| lead attached to the dog's collar or harness. Tracking wounded | 14 |
| deer is permissible at night, but at no time outside of legal | 15 |
| deer hunting hours or seasons shall any person handling or | 16 |
| accompanying a dog being used for tracking wounded deer be in | 17 |
| possession of any firearm or archery device. Persons tracking | 18 |
| wounded deer with a dog during the firearm deer seasons shall | 19 |
| wear blaze orange as required. Dog handlers tracking wounded | 20 |
| deer with a dog are exempt from hunting license and deer permit | 21 |
| requirements so long as they are accompanied by the licensed | 22 |
| deer hunter who wounded the deer.
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| It shall be unlawful to possess or transport any wild deer | 24 |
| which has
been injured or killed in any manner upon a public | 25 |
| highway or public
right-of-way of this State unless exempted by | 26 |
| administrative rule.
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LRB096 19388 JDS 34779 b |
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| Persons hunting deer must have gun unloaded and no bow and | 2 |
| arrow
device shall be carried with the arrow in the nocked | 3 |
| position during
hours when deer hunting is unlawful.
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| It shall be unlawful for any person, having taken the legal | 5 |
| limit of
deer by gun, to further participate with gun in any | 6 |
| deer hunting party.
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| It shall be unlawful for any person, having taken the legal | 8 |
| limit
of deer by bow and arrow, to further participate with bow | 9 |
| and arrow in any
deer hunting party.
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| The Department may prohibit upland game hunting during the | 11 |
| gun deer
season by administrative rule.
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| The Department shall not limit the number of non-resident | 13 |
| either sex archery deer hunting permits to less than 20,000.
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| The Department shall place the following warning in | 15 |
| conspicuous, easy-to-read letters on each deer permit issued | 16 |
| under the authority of this Section: "To lawfully hunt deer in | 17 |
| the State of Illinois, a hunter may need to acquire a hunting | 18 |
| license as well as this permit." | 19 |
| It shall be legal for handicapped persons, as defined in | 20 |
| Section 2.33, and persons age 62 or older to
utilize a crossbow | 21 |
| device, as defined in Department rules, to take deer.
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| Any person who violates any of the provisions of this | 23 |
| Section,
including administrative rules, shall be guilty of a | 24 |
| Class B misdemeanor.
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| For the purposes of calculating acreage under this Section, | 26 |
| the Department shall, after determining the total acreage of |
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LRB096 19388 JDS 34779 b |
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| the applicable tract or tracts of land, round remaining | 2 |
| fractional portions of an acre greater than or equal to half of | 3 |
| an acre up to the next whole acre. | 4 |
| (Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; | 5 |
| 95-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. | 6 |
| 1-1-10.)
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| (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
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| Sec. 3.2. Hunting license; application; instruction. | 9 |
| Before the
Department or any county, city, village, township, | 10 |
| incorporated town clerk
or his duly designated agent or any | 11 |
| other person authorized or designated
by the Department to | 12 |
| issue hunting licenses shall issue a hunting license
to any | 13 |
| person, the person shall file his application with the | 14 |
| Department or
other party authorized to issue licenses on a | 15 |
| form provided by the
Department and further give definite proof | 16 |
| of identity and place of legal
residence. Each clerk | 17 |
| designating agents to issue licenses and stamps
shall furnish | 18 |
| the Department, within 10 days following the appointment, the
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| names and mailing addresses of the agents. Each clerk or his | 20 |
| duly
designated agent shall be authorized to sell licenses and | 21 |
| stamps only
within the territorial area for which he was | 22 |
| elected or appointed. No duly
designated agent is authorized to | 23 |
| furnish licenses or stamps for
issuance by any other business | 24 |
| establishment. Each
application shall be executed and sworn to | 25 |
| and shall set forth the name
and description of the applicant |
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LRB096 19388 JDS 34779 b |
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| and place of residence.
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| No hunting license shall be issued to any person born on or | 3 |
| after January
1,
1980
unless he presents the person authorized | 4 |
| to issue the license
evidence that he has held a hunting | 5 |
| license issued by the State of Illinois
or another state in a | 6 |
| prior year, or a certificate of competency as
provided in this | 7 |
| Section. Persons under 16 years of age may be issued a
Lifetime | 8 |
| Hunting or Sportsmen's Combination License as provided under | 9 |
| Section
20-45 of the Fish and Aquatic Life Code but shall not | 10 |
| be entitled to hunt
unless they have a certificate of | 11 |
| competency as provided in this Section and
they shall have the | 12 |
| certificate in their possession while hunting.
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| The Department of Natural Resources shall authorize
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| personnel of the
Department or certified volunteer instructors | 15 |
| to conduct courses, of not
less than 10 hours in length, in | 16 |
| firearms and hunter safety, which may include
training in bow | 17 |
| and arrow safety, at regularly specified intervals throughout
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| the State. Persons successfully completing the course shall | 19 |
| receive a
certificate of competency. The Department of Natural | 20 |
| Resources may further
cooperate with any reputable association | 21 |
| or organization in establishing
courses if the organization has | 22 |
| as one of its objectives the promotion of
safety in the | 23 |
| handling of firearms or bow and arrow.
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| The Department of Natural Resources shall designate any
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| person found by it
to be competent to give instruction in the | 26 |
| handling of firearms, hunter
safety, and bow and arrow. The |
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LRB096 19388 JDS 34779 b |
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| persons so appointed shall give the
course of instruction and | 2 |
| upon the successful completion shall
issue to the person | 3 |
| instructed a certificate of competency in the safe
handling of | 4 |
| firearms, hunter safety, and bow and arrow. No charge shall
be | 5 |
| made for any course of instruction except for materials or | 6 |
| ammunition
consumed. The Department of Natural Resources shall
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| furnish information on
the requirements of hunter safety | 8 |
| education programs to be distributed
free of charge to | 9 |
| applicants for hunting licenses by the persons
appointed and | 10 |
| authorized to issue licenses. Funds for the conducting of
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| firearms and hunter safety courses shall be taken from the fee | 12 |
| charged
for the Firearm Owners Identification Card.
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| The fee for a hunting license to hunt all species for a | 14 |
| resident of
Illinois is $12. For residents age 65 or older, the | 15 |
| fee is one-half of the
fee charged for a hunting license to | 16 |
| hunt all species for a resident of
Illinois. Nonresidents shall | 17 |
| be charged $57 for a hunting license.
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| Nonresidents may be issued a nonresident hunting license | 19 |
| for a
period not to exceed 10 consecutive days' hunting in the | 20 |
| State and shall
be charged a fee of $35.
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| A special nonresident hunting license authorizing a | 22 |
| nonresident to
take game birds by hunting on a game breeding | 23 |
| and hunting preserve
area only, established under Section 3.27, | 24 |
| shall be issued upon proper
application being made and payment | 25 |
| of a fee equal to that for a resident
hunting license. The | 26 |
| expiration date of this license shall be on the same
date each |
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LRB096 19388 JDS 34779 b |
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| year that game breeding and hunting preserve
area licenses | 2 |
| expire.
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| Each applicant for a State Migratory Waterfowl Stamp, | 4 |
| regardless of
his residence or other condition, shall pay a fee | 5 |
| of $15 and
shall receive a stamp. Except as provided under
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| Section 20-45 of the Fish and Aquatic Life Code,
the stamp | 7 |
| shall be signed by the person or affixed to his license
or | 8 |
| permit in a space designated by the Department for that | 9 |
| purpose.
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| Each applicant for a State Habitat Stamp, regardless of his | 11 |
| residence
or other condition, shall pay a fee of $5 and shall | 12 |
| receive a
stamp. Except as provided under Section 20-45 of the | 13 |
| Fish and Aquatic Life
Code, the stamp shall be signed by the | 14 |
| person or affixed to his license or
permit in a space | 15 |
| designated by the Department for that purpose.
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| Nothing in this Section shall be construed as to require | 17 |
| the purchase
of more than one State Habitat Stamp by any person | 18 |
| in any one license year.
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| The Department shall furnish the holders of hunting | 20 |
| licenses and stamps
with an insignia as evidence of possession | 21 |
| of license, or license and
stamp, as the Department may | 22 |
| consider advisable. The insignia shall be
exhibited and used as | 23 |
| the Department may order. The Department shall also place the | 24 |
| following warning in conspicuous, easy-to-read letters on each | 25 |
| license issued under this Section and each Sportsmen's | 26 |
| Combination License issued under Section 20-45 of the Fish and |
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HB5121 |
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LRB096 19388 JDS 34779 b |
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| Aquatic Life Code: "To lawfully hunt certain species in the | 2 |
| State of Illinois, such as deer, migratory waterfowl, and wild | 3 |
| turkey, it may be necessary to acquire an additional permit, | 4 |
| stamp, or both."
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| All other hunting licenses and all State stamps shall | 6 |
| expire upon
March 31 of each year.
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| Every person holding any license, permit, or stamp issued | 8 |
| under the
provisions of this Act shall have it in his | 9 |
| possession for immediate
presentation for inspection to the | 10 |
| officers and authorized employees of
the Department, any | 11 |
| sheriff, deputy sheriff, or any other peace officer making
a | 12 |
| demand for it. This provision shall not apply to Department | 13 |
| owned or
managed sites where it is required that all hunters | 14 |
| deposit their license,
permit, or Firearm Owner's | 15 |
| Identification Card at the check station upon
entering the | 16 |
| hunting areas.
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| (Source: P.A. 96-831, eff. 1-1-10.)
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