Public Act 099-0869
 
SB3003 EnrolledLRB099 20086 MGM 44506 b



    AN ACT concerning wildlife.

 
    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 
Sections 2.10, 2.11, and 2.26 and  by adding Section 3.1-6 as 
follows:
 



    (520 ILCS 5/2.10)  (from Ch. 61, par. 2.10)



    Sec. 2.10. 
The Department may, on an annual basis, 
establish a spring
wild turkey open season within the period 
beginning on March 1
and running
through May 31, and a fall 
wild turkey season within the period
beginning
on October 1 and 
running through January 31. The Department may, on an annual 
basis, establish a youth-only spring wild turkey season which 
shall include 2 consecutive weekends.  It shall be unlawful for 
any
person to take wild turkey without possessing a valid "Wild 
Turkey Hunting
Permit".  Persons holding a spring permit may 
take female wild turkeys with
visible beards or male wild 
turkeys during the spring open season. Persons
holding a fall 
permit may take turkeys of either sex during the fall open

season.   The Department shall cause notice of administrative 
rules setting
forth the prescribed rules and regulations, 
including those counties of the
State where open seasons are 
established, to be given in accordance with
Sections 1.3 and 
1.13.

(Source: P.A. 89-341, eff. 8-17-95.)

 



    (520 ILCS 5/2.11)  (from Ch. 61, par. 2.11)



    Sec. 2.11. Before any person may lawfully hunt wild turkey, 
he shall first
obtain a "Wild Turkey Hunting Permit" in 
accordance with the prescribed
regulations set forth in an 
administrative rule of the Department.  The
fee for a Resident 
Wild Turkey Hunting Permit shall not exceed $15.

    Upon submitting suitable evidence of legal residence in any 
other state,
non-residents shall be charged a fee not to exceed 
$125 for wild
turkey hunting
permits, except as provided below 
for non-resident land owners.

    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 on their 
    land only,


        (b) resident tenants of at least 40 acres of commercial

    agricultural land, 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.

    The turkey hunting permit issued without fee shall be valid 
on all lands
upon which the person to whom it is issued owns, 
leases or rents, except
that in the case of a permit issued 
without charge to a shareholder of a
corporation, the permit 
shall be valid on all lands owned by the
corporation in the 
county.

    The Department may by administrative rule allocate and 
issue non-resident
Wild Turkey Permits and establish fees for 
such permits.

    It shall be unlawful to take wild turkey except by use of a 
bow and arrow
or a shotgun of not larger than 10 nor smaller 
than 20 gauge with shot
size not larger than No. 4, and no 
person while attempting to so take
wild turkey may have in his 
possession any other gun.

    It shall be unlawful to take, or attempt to take wild 
turkey except
during the time from 1/2 hour before sunrise to 
1/2 hour after sunset or during
such lesser period of time as 
may be specified by administrative rule,
during those days for 
which an open season is established.

    It shall be unlawful for any person to take, or attempt to 
take, wild
turkey by use of dogs, horses, automobiles, aircraft 
or other vehicles,
or conveyances, or by the use or aid of bait 
or baiting of any kind. For the purposes of this Section, 
"bait" means any material, whether liquid or solid, including 
food, salt, minerals, and other products, except pure water, 
that can be ingested, placed, or scattered in such a manner as 
to attract or lure wild turkeys. "Baiting" means the placement 
or scattering of bait to attract wild turkeys. An area is 
considered as baited during the presence of and for 10 
consecutive days following the removal of the bait. 

    It is unlawful for any person to take in Illinois or have 
in his possession
more than one wild turkey per valid permit.
    For purposes of this Section "bona fide equity 
shareholder", "bona fide equity member", and "bona fide equity 
partner" shall have the same meaning as provided in Section 
2.26 of this Act.

    For the purposes of calculating acreage under this Section, 
the Department shall, after determining  the total acreage of 
the applicable tract or tracts of land, round remaining 
fractional portions of  an acre greater than or equal to half of 
an acre up to the next whole acre. 
    For the purposes of taking wild turkey, nothing in this 
Section shall be construed to prevent the manipulation, 
including mowing or cutting, of standing crops as a normal 
agricultural or soil stabilization practice, food plots, or 
normal agricultural practices, including planting, harvesting, 
and maintenance such as cultivating. Such manipulation for the 
purpose of taking wild turkey may be further modified by 
administrative rule. 
(Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.)

 



    (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" issued by the Department in accordance 
with its administrative rules.
Those rules must provide for the 
issuance of the following types of resident deer archery 
permits: (i) a combination permit, consisting of one either-sex 
permit and one antlerless-only permit, (ii) a single 
antlerless-only permit, and (iii) a single either-sex permit. 
The fee for a Deer Hunting Permit to take deer with either bow 
and arrow or gun
shall not exceed $25.00 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 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.
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
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 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
or aid of bait or baiting of any kind.  For the purposes 
of this Section, "bait" means any material, whether liquid or 
solid, including food, salt, minerals, and other products, 
except pure water, that can be ingested, placed, or scattered 
in such a manner as to attract or lure white-tailed deer. 
"Baiting" means the placement or scattering of bait to attract 
deer. 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 either sex archery deer hunting permits to less than 
20,000.


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

    For the purposes of calculating acreage under this Section, 
the Department shall, after determining  the total acreage of 
the applicable tract or tracts of land, round remaining 
fractional portions of  an acre greater than or equal to half of 
an acre up to the next whole acre. 
    For the purposes of taking white-tailed deer, nothing in 
this Section shall be construed to prevent the manipulation, 
including mowing or cutting, of standing crops as a normal 
agricultural or soil stabilization practice, food plots, or 
normal agricultural practices, including planting, harvesting, 
and maintenance such as cultivating or the use of products 
designed for scent only and not capable of ingestion, solid or 
liquid, placed or scattered, in such a manner as to attract or 
lure deer. Such manipulation for the purpose of taking 
white-tailed deer may be further modified by administrative 
rule. 
(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; 
98-180, eff. 8-5-13; revised 10-20-15.)

 
    (520 ILCS 5/3.1-6 new)
    Sec. 3.1-6. Special deer, turkey, and combination hunting 
licenses.
    (a) For the purpose of 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 
    under Article 30 of the Limited Liability Company Act; and
        (2) intends to retain the membership for at least 5 
    years.
    "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 this State.
    "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.
    (b) Landowner Deer, Turkey, and combination permits shall 
be issued without charge to:
        (1) Illinois landowners residing in this State who own 
    at least 40 acres of Illinois land and wish to hunt upon 
    their land only;
        (2) resident tenants of at least 40 acres of commercial 
    agricultural land where they will hunt; and
        (3) 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 this State 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 this 
    State 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.
    (c) The deer, turkey, or combination 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.