97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB5353

 

Introduced 2/15/2012, by Rep. Rich Brauer

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/2.11  from Ch. 61, par. 2.11
520 ILCS 5/2.26  from Ch. 61, par. 2.26

    Amends the Wildlife Code. Provides that wild turkey and deer hunting permits shall be issued without charge to children, grandchildren, parents, grandparents, brothers, or sisters that permanently reside on lands with an Illinois landowner who owns or a resident tenant that resides on at least 40 acres of Illinois land.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 2.11 and 2.26 as follows:
 
6    (520 ILCS 5/2.11)  (from Ch. 61, par. 2.11)
7    Sec. 2.11. Before any person may lawfully hunt wild turkey,
8he shall first obtain a "Wild Turkey Hunting Permit" in
9accordance with the prescribed regulations set forth in an
10administrative rule of the Department. The fee for a Resident
11Wild Turkey Hunting Permit shall not exceed $15.
12    Upon submitting suitable evidence of legal residence in any
13other state, non-residents shall be charged a fee not to exceed
14$125 for wild turkey hunting permits, except as provided below
15for non-resident land owners.
16    Permits shall be issued without charge to:
17        (a) Illinois landowners residing in Illinois who own at
18    least 40 acres of Illinois land and wish to hunt on their
19    land only; ,
20        (b) resident tenants of at least 40 acres of commercial
21    agricultural land; , and
22        (c) bona fide equity shareholders of a corporation,
23    bona fide equity members of a limited liability company, or

 

 

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1    bona fide equity partners of a general or limited
2    partnership which owns at least 40 acres of land in a
3    county in Illinois who wish to hunt on the corporation's,
4    company's, or partnership's land only. One permit shall be
5    issued without charge to one bona fide equity shareholder,
6    one bona fide equity member, or one bona fide equity
7    partner for each 40 acres of land owned by the corporation,
8    company, or partnership in a county; however, the number of
9    permits issued without charge to bona fide equity
10    shareholders of any corporation or bona fide equity members
11    of a limited liability company in any county shall not
12    exceed 15, and shall not exceed 3 in the case of bona fide
13    equity partners of a partnership; and .
14        (d) children, grandchildren, parents, grandparents,
15    brothers, or sisters that permanently reside on lands with
16    an Illinois landowner who owns or a resident tenant that
17    resides on at least 40 acres of Illinois land.
18    The turkey hunting permit issued without fee shall be valid
19on all lands upon which the person to whom it is issued owns,
20leases or rents, except that in the case of a permit issued
21without charge to a shareholder of a corporation, the permit
22shall be valid on all lands owned by the corporation in the
23county.
24    The Department may by administrative rule allocate and
25issue non-resident Wild Turkey Permits and establish fees for
26such permits.

 

 

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1    It shall be unlawful to take wild turkey except by use of a
2bow and arrow or a shotgun of not larger than 10 nor smaller
3than 20 gauge with shot size not larger than No. 4, and no
4person while attempting to so take wild turkey may have in his
5possession any other gun.
6    It shall be unlawful to take, or attempt to take wild
7turkey except during the time from 1/2 hour before sunrise to
81/2 hour after sunset or during such lesser period of time as
9may be specified by administrative rule, during those days for
10which an open season is established.
11    It shall be unlawful for any person to take, or attempt to
12take, wild turkey by use of dogs, horses, automobiles, aircraft
13or other vehicles, or conveyances, or by the use or aid of bait
14or baiting of any kind. For the purposes of this Section,
15"bait" means any material, whether liquid or solid, including
16food, salt, minerals, and other products that can be ingested,
17placed, or scattered in such a manner as to attract or lure
18wild turkeys. "Baiting" means the placement or scattering of
19bait to attract wild turkeys. An area is considered as baited
20during the presence of and for 10 consecutive days following
21the removal of the bait.
22    It is unlawful for any person to take in Illinois or have
23in his possession more than one wild turkey per valid permit.
24    For purposes of this Section "bona fide equity
25shareholder", "bona fide equity member", and "bona fide equity
26partner" shall have the same meaning as provided in Section

 

 

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12.26 of this Act.
2    For the purposes of calculating acreage under this Section,
3the Department shall, after determining the total acreage of
4the applicable tract or tracts of land, round remaining
5fractional portions of an acre greater than or equal to half of
6an acre up to the next whole acre.
7    For the purposes of taking wild turkey, nothing in this
8Section shall be construed to prevent the manipulation,
9including mowing or cutting, of standing crops as a normal
10agricultural or soil stabilization practice, food plots, or
11normal agricultural practices, including planting, harvesting,
12and maintenance such as cultivating. Such manipulation for the
13purpose of taking wild turkey may be further modified by
14administrative rule.
15(Source: P.A. 96-162, eff. 1-1-10; 97-564, eff. 8-25-11.)
 
16    (520 ILCS 5/2.26)  (from Ch. 61, par. 2.26)
17    Sec. 2.26. Deer hunting permits. In this Section, "bona
18fide equity shareholder" means an individual who (1) purchased,
19for market price, publicly sold stock shares in a corporation,
20purchased shares of a privately-held corporation for a value
21equal to the percentage of the appraised value of the corporate
22assets represented by the ownership in the corporation, or is a
23member of a closely-held family-owned corporation and has
24purchased or been gifted with shares of stock in the
25corporation accurately reflecting his or her percentage of

 

 

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1ownership and (2) intends to retain the ownership of the shares
2of stock for at least 5 years.
3    In this Section, "bona fide equity member" means an
4individual who (1) (i) became a member upon the formation of
5the limited liability company or (ii) has purchased a
6distributional interest in a limited liability company for a
7value equal to the percentage of the appraised value of the LLC
8assets represented by the distributional interest in the LLC
9and subsequently becomes a member of the company pursuant to
10Article 30 of the Limited Liability Company Act and who (2)
11intends to retain the membership for at least 5 years.
12    In this Section, "bona fide equity partner" means an
13individual who (1) (i) became a partner, either general or
14limited, upon the formation of a partnership or limited
15partnership, or (ii) has purchased, acquired, or been gifted a
16partnership interest accurately representing his or her
17percentage distributional interest in the profits, losses, and
18assets of a partnership or limited partnership, (2) intends to
19retain ownership of the partnership interest for at least 5
20years, and (3) is a resident of Illinois.
21    Any person attempting to take deer shall first obtain a
22"Deer Hunting Permit" issued by the Department in accordance
23with its administrative rules. Those rules must provide for the
24issuance of the following types of resident deer archery
25permits: (i) a combination permit, consisting of one either-sex
26permit and one antlerless-only permit, (ii) a single

 

 

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1antlerless-only permit, and (iii) a single either-sex permit.
2The fee for a Deer Hunting Permit to take deer with either bow
3and arrow or gun shall not exceed $25.00 for residents of the
4State. The Department may by administrative rule provide for
5non-resident deer hunting permits for which the fee will not
6exceed $300 in 2005, $350 in 2006, and $400 in 2007 and
7thereafter except as provided below for non-resident
8landowners and non-resident archery hunters. The Department
9may by administrative rule provide for a non-resident archery
10deer permit consisting of not more than 2 harvest tags at a
11total cost not to exceed $325 in 2005, $375 in 2006, and $425
12in 2007 and thereafter. Permits shall be issued without charge
13to:
14        (a) Illinois landowners residing in Illinois who own at
15    least 40 acres of Illinois land and wish to hunt their land
16    only; ,
17        (b) resident tenants of at least 40 acres of commercial
18    agricultural land where they will hunt; , and
19        (c) Bona fide equity shareholders of a corporation,
20    bona fide equity members of a limited liability company, or
21    bona fide equity partners of a general or limited
22    partnership which owns at least 40 acres of land in a
23    county in Illinois who wish to hunt on the corporation's,
24    company's, or partnership's land only. One permit shall be
25    issued without charge to one bona fide equity shareholder,
26    one bona fide equity member, or one bona fide equity

 

 

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1    partner for each 40 acres of land owned by the corporation,
2    company, or partnership in a county; however, the number of
3    permits issued without charge to bona fide equity
4    shareholders of any corporation or bona fide equity members
5    of a limited liability company in any county shall not
6    exceed 15, and shall not exceed 3 in the case of bona fide
7    equity partners of a partnership; and .
8        (d) children, grandchildren, parents, grandparents,
9    brothers, or sisters that permanently reside on lands with
10    an Illinois landowner who owns or a resident tenant that
11    resides on at least 40 acres of Illinois land.
12    Bona fide landowners or tenants who do not wish to hunt
13only on the land they own, rent, or lease or bona fide equity
14shareholders, bona fide equity members, or bona fide equity
15partners who do not wish to hunt only on the land owned by the
16corporation, limited liability company, or partnership shall
17be charged the same fee as the applicant who is not a
18landowner, tenant, bona fide equity shareholder, bona fide
19equity member, or bona fide equity partner. Nonresidents of
20Illinois who own at least 40 acres of land and wish to hunt on
21their land only shall be charged a fee set by administrative
22rule. The method for obtaining these permits shall be
23prescribed by administrative rule.
24    The deer hunting permit issued without fee shall be valid
25on all farm lands which the person to whom it is issued owns,
26leases or rents, except that in the case of a permit issued to

 

 

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1a bona fide equity shareholder, bona fide equity member, or
2bona fide equity partner, the permit shall be valid on all
3lands owned by the corporation, limited liability company, or
4partnership in the county.
5    The standards and specifications for use of guns and bow
6and arrow for deer hunting shall be established by
7administrative rule.
8    No person may have in his possession any firearm not
9authorized by administrative rule for a specific hunting season
10when taking deer.
11    Persons having a firearm deer hunting permit shall be
12permitted to take deer only during the period from 1/2 hour
13before sunrise to 1/2 hour after sunset, and only during those
14days for which an open season is established for the taking of
15deer by use of shotgun, handgun, or muzzle loading rifle.
16    Persons having an archery deer hunting permit shall be
17permitted to take deer only during the period from 1/2 hour
18before sunrise to 1/2 hour after sunset, and only during those
19days for which an open season is established for the taking of
20deer by use of bow and arrow.
21    It shall be unlawful for any person to take deer by use of
22dogs, horses, automobiles, aircraft or other vehicles, or by
23the use or aid of bait or baiting of any kind. For the purposes
24of this Section, "bait" means any material, whether liquid or
25solid, including food, salt, minerals, and other products that
26can be ingested, placed, or scattered in such a manner as to

 

 

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1attract or lure white-tailed deer. "Baiting" means the
2placement or scattering of bait to attract deer. An area is
3considered as baited during the presence of and for 10
4consecutive days following the removal of bait. Nothing in this
5Section shall prohibit the use of a dog to track wounded deer.
6Any person using a dog for tracking wounded deer must maintain
7physical control of the dog at all times by means of a maximum
850 foot lead attached to the dog's collar or harness. Tracking
9wounded deer is permissible at night, but at no time outside of
10legal deer hunting hours or seasons shall any person handling
11or accompanying a dog being used for tracking wounded deer be
12in possession of any firearm or archery device. Persons
13tracking wounded deer with a dog during the firearm deer
14seasons shall wear blaze orange as required. Dog handlers
15tracking wounded deer with a dog are exempt from hunting
16license and deer permit requirements so long as they are
17accompanied by the licensed deer hunter who wounded the deer.
18    It shall be unlawful to possess or transport any wild deer
19which has been injured or killed in any manner upon a public
20highway or public right-of-way of this State unless exempted by
21administrative rule.
22    Persons hunting deer must have gun unloaded and no bow and
23arrow device shall be carried with the arrow in the nocked
24position during hours when deer hunting is unlawful.
25    It shall be unlawful for any person, having taken the legal
26limit of deer by gun, to further participate with gun in any

 

 

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1deer hunting party.
2    It shall be unlawful for any person, having taken the legal
3limit of deer by bow and arrow, to further participate with bow
4and arrow in any deer hunting party.
5    The Department may prohibit upland game hunting during the
6gun deer season by administrative rule.
7    The Department shall not limit the number of non-resident
8either sex archery deer hunting permits to less than 20,000.
9    It shall be legal for handicapped persons, as defined in
10Section 2.33, and persons age 62 or older to utilize a crossbow
11device, as defined in Department rules, to take deer.
12    Any person who violates any of the provisions of this
13Section, including administrative rules, shall be guilty of a
14Class B misdemeanor.
15    For the purposes of calculating acreage under this Section,
16the Department shall, after determining the total acreage of
17the applicable tract or tracts of land, round remaining
18fractional portions of an acre greater than or equal to half of
19an acre up to the next whole acre.
20    For the purposes of taking white-tailed deer, nothing in
21this Section shall be construed to prevent the manipulation,
22including mowing or cutting, of standing crops as a normal
23agricultural or soil stabilization practice, food plots, or
24normal agricultural practices, including planting, harvesting,
25and maintenance such as cultivating or the use of products
26designed for scent only and not capable of ingestion, solid or

 

 

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1liquid, placed or scattered, in such a manner as to attract or
2lure deer. Such manipulation for the purpose of taking
3white-tailed deer may be further modified by administrative
4rule.
5(Source: P.A. 96-162, eff. 1-1-10; 96-831, eff. 1-1-10;
696-1042, eff. 1-1-11; 97-564, eff. 8-25-11.)