Illinois General Assembly - Full Text of Public Act 094-0010
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Public Act 094-0010


 

Public Act 0010 94TH GENERAL ASSEMBLY



 


 
Public Act 094-0010
 
HB1074 Enrolled LRB094 08799 RCE 39016 b

    AN ACT concerning natural resources.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 10. The Fish and Aquatic Life Code is amended by
changing Section 1-75 as follows:
 
    (515 ILCS 5/1-75)  (from Ch. 56, par. 1-75)
    Sec. 1-75. Resident. "Resident" means a person who in good
faith makes application for any license or permit and verifies
by statement that he or she has maintained his or her permanent
abode in this State for a period of at least 30 consecutive
days immediately preceding the person's application, and who
does not maintain permanent abode or claim residency in another
state for the purposes of obtaining any of the same or similar
licenses or permits covered by this Code actually resided in
this State for at least the 30 consecutive days before the date
of application and that his or her residence or permanent abode
is, at the time of making application, in this State. A
person's permanent abode is his or her fixed and permanent
dwelling place, as distinguished from a temporary or transient
place of residence. Domiciliary intent is required to establish
that the person is maintaining his or her permanent abode in
this State. Evidence of domiciliary intent includes, but is not
limited to, the location where the person votes, pays personal
income tax, or obtains a drivers license. Except for the
purposes of obtaining a Lifetime License, any Any person on
active duty in the Armed Forces shall be considered a resident
of Illinois during his or her period of military duty.
(Source: P.A. 87-833.)
 
    Section 15. The Wildlife Code is amended by changing
Sections 1.2m and 2.26 as follows:
 
    (520 ILCS 5/1.2m)  (from Ch. 61, par. 1.2m)
    Sec. 1.2m. "Resident" means a person who in good faith
makes application for any license or permit and verifies by
statement that he or she has maintained his or her permanent
abode in this State for a period of at least 30 consecutive
days immediately preceding the person's application, and who
does not maintain permanent abode or claim residency in another
state for the purposes of obtaining any of the same or similar
licenses or permits covered by this Code actually resided in
this State at least 30 days consecutively preceding the date of
his application and that his residence or permanent abode is,
at the time of making application, in this State. A person's
permanent abode is his or her fixed and permanent dwelling
place, as distinguished from a temporary or transient place of
residence. Domiciliary intent is required to establish that the
person is maintaining his or her permanent abode in this State.
Evidence of domiciliary intent includes, but is not limited to,
the location where the person votes, pays personal income tax,
or obtains a drivers license. Except for the purposes of
obtaining a Lifetime License, any Any person on active duty in
the Armed Forces shall be considered a resident of Illinois
during his or her period of military duty.
(Source: P.A. 81-382.)
 
    (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 $300 in
2005, $350 in 2006, and $400 in 2007 and thereafter $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 $325
in 2005, $375 in 2006, and $425 in 2007 and thereafter $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,
    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,
    company's, or partnership's land only. One permit shall be
    issued without charge to one bona fide equity shareholder,
    one bona fide equity member, or one bona fide equity
    partner for each 40 acres of land owned by the corporation,
    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, bona fide equity members, or bona fide equity
partners who do not wish to hunt only on the land owned by the
corporation, limited liability company, or partnership shall
be charged the same fee as the applicant who is not a
landowner, tenant, bona fide equity shareholder, 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, bona fide equity member, or
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, 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. Nothing in this Section shall
prohibit the use of a dog to track wounded deer. Any person
using a dog for tracking wounded deer must maintain physical
control of the dog at all times by means of a maximum 50 foot
lead attached to the dog's collar or harness. Tracking wounded
deer is permissible at night, but at no time outside of legal
deer hunting hours or seasons shall any person handling or
accompanying a dog being used for tracking wounded deer be in
possession of any firearm or archery device. Persons tracking
wounded deer with a dog during the firearm deer seasons shall
wear blaze orange as required. Dog handlers tracking wounded
deer with a dog are exempt from hunting license and deer permit
requirements so long as they are accompanied by the licensed
deer hunter who wounded the deer.
    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.
    The Department shall not limit the number of non-resident
either sex archery deer hunting permits to less than 20,000.
    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; 93-807, eff.
7-24-04; 93-823, eff. 1-1-05; revised 10-14-04.)
 
    Section 99. Effective date. This Act takes effect upon
becoming law.

Effective Date: 6/7/2005