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| Public Act 093-0823 |
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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 | ||||
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 | ||||
fide equity shareholder" means an individual who (1) purchased, | ||||
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 | ||||
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.
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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
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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)
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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 | ||||
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.
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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
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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
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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:
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(a) Illinois landowners residing in Illinois who own at | ||
least 40 acres of
Illinois land and wish to hunt their land | ||
only,
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(b) resident tenants of at least 40 acres of commercial | ||
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 | ||
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,
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or company's, or partnership's land only.
One permit shall | ||
be issued without charge to one bona fide equity
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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
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county shall not exceed 15, and shall not exceed 3 in the | ||
case of bona fide equity partners of a partnership.
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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
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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
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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.
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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.
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The standards and specifications for use of guns and bow | ||
and arrow for
deer hunting shall be established by | ||
administrative rule.
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No person may have in his possession any firearm not | ||
authorized by
administrative rule for a specific hunting season | ||
when taking deer.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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The Department may prohibit upland game hunting during the | ||
gun deer
season by administrative rule.
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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.
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Any person who violates any of the provisions of this | ||
Section,
including administrative rules, shall be guilty of a | ||
Class B misdemeanor.
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(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.)
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