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92nd General Assembly

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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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