Public Act 093-0823
 		





HB4402 Enrolled
LRB093 15620 RAS 41228 b






    AN ACT concerning hunting.

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


 
    Section 5. The Wildlife Code is amended by changing Section 
2.26 as follows:
 



    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)



    Sec. 2.26. Deer hunting permits. In this Section,
"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.

    In this Section, "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 LLC 
assets represented by the
distributional interest in the LLC 
and subsequently becomes a member of the
company
pursuant to 
Article 30 of the Limited Liability Company Act and who (2)

intends to retain the membership for at least 5 years.

    In this Section, "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 Illinois.

    Any person attempting to take deer shall first obtain a 
"Deer
Hunting Permit" in accordance with prescribed 
regulations set forth in an
Administrative Rule.  Deer Hunting 
Permits shall be issued by the Department.
The fee for a Deer 
Hunting Permit to take deer with either bow and arrow or gun

shall not exceed $15.00 for residents of the State.  The 
Department may by
administrative rule provide for non-resident 
deer hunting permits for which the
fee will not exceed $200 
except as provided below for non-resident landowners
and 
non-resident  archery hunters. The Department may by

administrative rule provide for a non-resident archery deer 
permit consisting
of not more than 2 harvest tags at a total 
cost not to exceed $225.
Permits shall be issued without charge 
to:


        (a) Illinois landowners residing in Illinois who own at 
    least 40 acres of
Illinois land and wish to hunt their land 
    only,


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


        (c) Bona fide equity shareholders of a corporation,
or

    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 Illinois who wish to hunt on the corporation's,

    or company's, or partnership's land only.
One permit shall 
    be issued without charge to one bona fide equity

    shareholder,
or one bona fide equity member, or one bona 
    fide equity partner for each 40
acres of land owned by the 
    corporation,
or 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,
or bona fide
equity
members, or bona fide equity 
partners who do not wish to hunt
only on the
land owned by the 
corporation,
or limited liability company, or partnership

shall be
charged the same fee as the
applicant who is not a 
landowner, tenant, bona fide equity
shareholder, or
bona fide 
equity member, or bona fide equity partner. Nonresidents
of

Illinois 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.

    The deer 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,
or bona fide equity member, or 
bona fide equity partner, the
permit shall
be valid on all 
lands owned by the corporation,
or limited liability
company, 
or partnership in the county.

    The standards and specifications for use of guns and bow 
and arrow for
deer hunting shall be established by 
administrative rule.

    No person may have in his possession any firearm not 
authorized by
administrative rule for a specific hunting season 
when taking deer.

    Persons having a firearm deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to
sunset, and only during those days for which 
an open season is
established for the taking of deer by use of 
shotgun, handgun, or muzzle
loading
rifle.

    Persons having an archery deer hunting permit shall be 
permitted to
take deer only during the period from 1/2 hour 
before sunrise to 1/2 hour
after sunset, and only during those 
days for which an open season is
established for the taking of 
deer by use of bow and arrow.

    It shall be unlawful for any person to take deer by use of 
dogs,
horses, automobiles, aircraft or other vehicles, or by 
the use of salt
or bait of any kind.  An area is considered as 
baited during the presence
of and for 10 consecutive days 
following the removal of bait.

    It shall be unlawful to possess or transport any wild deer 
which has
been injured or killed in any manner upon a public 
highway or public
right-of-way of this State unless exempted by 
administrative rule.

    Persons hunting deer must have gun unloaded and no bow and 
arrow
device shall be carried with the arrow in the nocked 
position during
hours when deer hunting is unlawful.

    It shall be unlawful for any person, having taken the legal 
limit of
deer by gun, to further participate with gun in any 
deer hunting party.

    It shall be unlawful for any person, having taken the legal 
limit
of deer by bow and arrow, to further participate with bow 
and arrow in any
deer hunting party.

    The Department may prohibit upland game hunting during the 
gun deer
season by administrative rule.

    It shall be legal for handicapped persons, as defined in 
Section 2.33, to
utilize a crossbow device, as defined in 
Department rules, to take deer.

    Any person who violates any of the provisions of this 
Section,
including administrative rules, shall be guilty of a 
Class B misdemeanor.

(Source: P.A. 92-177, eff. 7-27-01; 92-261, eff. 8-7-01; 
92-651, eff.
7-11-02; 93-554, eff. 8-20-03.)





Effective Date:  1/1/2005