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Public Act 92-0261
HB0700 Enrolled LRB9202534TAtm
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 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.
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 $100 except as provided below for non-resident
landowners. 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 which owns at least 40 acres of land in a county
in Illinois who wish to hunt on the corporation's or
company's land only. One permit shall be issued without
charge to one bona fide equity shareholder or one bona
fide equity member for each 40 acres of land owned by the
corporation or company 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.
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 who do not wish to
hunt only on the land owned by the corporation or limited
liability company shall be charged the same fee as the
applicant who is not a landowner, tenant, or bona fide equity
shareholder, or bona fide equity member. 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,
the permit shall be valid on all lands owned by the
corporation or limited liability company in the county.
The Department may set aside, in accordance with the
prescribed regulations set forth in an administrative rule of
the Department, a limited number of Deer Hunting Permits to
be available to persons providing evidence of a contractual
arrangement to hunt on properties controlled by a bona fide
Illinois outfitter. The number of available permits shall be
based on a percentage of unfilled permits remaining after the
previous year's lottery. Eligible outfitters shall be those
having membership in, and accreditation conferred by, a
professional association of outfitters approved by the
Department. The association shall be responsible for setting
professional standards and codes of conduct for its
membership, subject to Departmental approval. In addition to
the fee normally charged for resident and nonresident
permits, a reservation fee not to exceed $200 shall be
charged to the outfitter for each permit set aside in
accordance with this Act. The reservation fee shall be
deposited into the Wildlife and Fish Fund.
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 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. 89-715, eff. 2-21-97; 90-225, eff. 7-25-97;
90-490, eff. 8-17-97; 90-655, eff. 7-30-98.)
Section 99. Effective date. This Act takes effect upon
becoming law.
Passed in the General Assembly May 15, 2001.
Approved August 07, 2001.
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