SB2422 104TH GENERAL ASSEMBLY

LRB104 09344 BDA 19402 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2422

Introduced 2/7/2025, by Sen. Patrick J. Joyce

SYNOPSIS AS INTRODUCED:

520 ILCS 5/3.1-6

Amends the Wildlife Code. Provides that deer, turkey, and combination permits shall be issued to specified Illinois resident landowners and tenants without charge. Provides that the total number of deer, turkey, and combination permits that may be issued by the Department of Natural Resources shall be set by rule. Defines terms and adds tenants, bona fide current income beneficiaries of a trust, and bona fide landowners to certain provisions. Requires permits under the amendatory Act to be on a hunter's person at all times while hunting.

A BILL FOR

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 Section 3.1-6 as follows:

(520 ILCS 5/3.1-6)

Sec. 3.1-6. Landowner or tenant Special deer, turkey, and combination hunting permits licenses.

(a) For the purpose of this Section:

"Bona fide current income beneficiary" means, an individual who, at the time of application for a permit, is entitled, with no condition precedent other than the trustee distributing the income, to income from the trust that owns Illinois land the applicant wishes to hunt, regardless of whether income exists or not, and is listed by name in the trust documents as an income beneficiary.

"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.

"Bona fide landowner" means a person that owns land in this State and whose name appear on the title to the land and not as a part of a trust, corporation, limited liability company, or partnership.

"Tenant" means a person who rents 40 acres or more of land in this State for commercial agricultural purposes under a written notarized agreement with the landowner.

(b) Landowner deer Deer, turkey Turkey, and combination permits shall be issued without charge to an Illinois resident who owns at least 40 acres of Illinois land and wishes to hunt only on land that the Illinois resident owns. Land ownership shall be accepted by the Department only for the following types of landowners, beneficiaries, and shareholders:

(1) bona fide Illinois landowners residing in this State who own at least 40 acres of Illinois land and wish to hunt upon their land only;

(2) bona fide current income beneficiaries of a trust that owns land in this State 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.

(c) Tenant deer, turkey, or combination permits shall be issued without charge to Illinois resident tenants of at least 40 acres of commercial agricultural land who wish to hunt only upon the land upon which they are resident tenants.

(d) The total number of deer, turkey, or combination hunting permits that may be issued to a person shall be set by the Department by administrative rule.

(e) Bona fide landowners or tenants who do not wish to hunt only on the land they own, tenants who do not wish to hunt only the land they rent, or lease, or bona fide equity shareholders, bona fide equity members, bona fide current income beneficiaries of a trust, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, trust, or partnership shall be charged the same fee as the applicant who is not a bona fide landowner, Illinois resident tenant, bona fide equity shareholder, bona fide equity member, bona fide current income beneficiary of a trust, or bona fide equity partner. Nonresidents of this State who own at least 40 acres of land as a bona fide landowner, a bona fide current income beneficiary of a trust, a bona fide equity shareholder, or a bona fide equity member 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.

(f) (c) The deer, turkey, or combination hunting permit issued without fee shall be valid on all Illinois farm lands which the person to whom it is issued owns, which shall only include land owned by the individual as a bona fide landowner, land owned as a bona fide equity shareholder of a corporation, land owned by the individual as a bona fide equity member of a limited liability company or land owned by the individual as a bona fide equity partner of a partnership. , 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.

(g) Any person that is issued a permit under this Section must have on their person at all times, while hunting pursuant to that permit, the permit so issued as well as documentation showing proof of their status for the land upon which they are hunting, which shows that they are a bona fide landowner, a bona fide equity shareholder of a corporation, a bona fide equity member of a limited liability company, a bona fide current income beneficiary, a bona fide equity partner of a general or limited partnership, or an Illinois resident tenant.

(Source: P.A. 99-869, eff. 1-1-17.)