SB2924 - 104th General Assembly
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| 1 | AN ACT concerning wildlife. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The Wildlife Code is amended by changing | |||||||||||||||||||
| 5 | Section 3.1-6 as follows: | |||||||||||||||||||
| 6 | (520 ILCS 5/3.1-6) | |||||||||||||||||||
| 7 | (Text of Section before amendment by P.A. 104-361) | |||||||||||||||||||
| 8 | Sec. 3.1-6. Special deer, turkey, and combination hunting | |||||||||||||||||||
| 9 | licenses. | |||||||||||||||||||
| 10 | (a) For the purpose of this Section: | |||||||||||||||||||
| 11 | "Bona fide equity member" means an individual who: | |||||||||||||||||||
| 12 | (1)(i) became a member upon the formation of the | |||||||||||||||||||
| 13 | limited liability company or (ii) has purchased a | |||||||||||||||||||
| 14 | distributional interest in a limited liability company for | |||||||||||||||||||
| 15 | a value equal to the percentage of the appraised value of | |||||||||||||||||||
| 16 | the limited liability company's LLC assets represented by | |||||||||||||||||||
| 17 | the distributional interest in the limited liability | |||||||||||||||||||
| 18 | company LLC and subsequently becomes a member of the | |||||||||||||||||||
| 19 | company under Article 30 of the Limited Liability Company | |||||||||||||||||||
| 20 | Act; and | |||||||||||||||||||
| 21 | (2) intends to retain the membership for at least 5 | |||||||||||||||||||
| 22 | years. | |||||||||||||||||||
| 23 | "Bona fide equity partner" means an individual who: | |||||||||||||||||||
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| 1 | (1)(i) became a partner, either general or limited, | ||||||
| 2 | upon the formation of a partnership or limited | ||||||
| 3 | partnership, or (ii) has purchased, acquired, or been | ||||||
| 4 | gifted a partnership interest accurately representing his | ||||||
| 5 | or her percentage distributional interest in the profits, | ||||||
| 6 | losses, and assets of a partnership or limited | ||||||
| 7 | partnership; | ||||||
| 8 | (2) intends to retain ownership of the partnership | ||||||
| 9 | interest for at least 5 years; and | ||||||
| 10 | (3) is a resident of this State. | ||||||
| 11 | "Bona fide equity shareholder" means an individual who: | ||||||
| 12 | (1) purchased, for market price, publicly sold stock | ||||||
| 13 | shares in a corporation, purchased shares of a | ||||||
| 14 | privately-held corporation for a value equal to the | ||||||
| 15 | percentage of the appraised value of the corporate assets | ||||||
| 16 | represented by the ownership in the corporation, or is a | ||||||
| 17 | member of a closely-held family-owned corporation and has | ||||||
| 18 | purchased or been gifted with shares of stock in the | ||||||
| 19 | corporation accurately reflecting his or her percentage of | ||||||
| 20 | ownership; and | ||||||
| 21 | (2) intends to retain the ownership of the shares of | ||||||
| 22 | stock for at least 5 years. | ||||||
| 23 | (b) Landowner deer, turkey, and combination permits shall | ||||||
| 24 | be issued without charge to: | ||||||
| 25 | (1) Illinois landowners residing in this State who own | ||||||
| 26 | at least 40 acres of Illinois land and wish to hunt upon | ||||||
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| 1 | their land only; | ||||||
| 2 | (2) resident tenants of at least 40 acres of | ||||||
| 3 | commercial agricultural land where they will hunt; and | ||||||
| 4 | (3) bona fide equity shareholders of a corporation, | ||||||
| 5 | bona fide equity members of a limited liability company, | ||||||
| 6 | or bona fide equity partners of a general or limited | ||||||
| 7 | partnership which owns at least 40 acres of land in a | ||||||
| 8 | county in this State who wish to hunt on the | ||||||
| 9 | corporation's, company's, or partnership's land only. One | ||||||
| 10 | permit shall be issued without charge to one bona fide | ||||||
| 11 | equity shareholder, one bona fide equity member, or one | ||||||
| 12 | bona fide equity partner for each 40 acres of land owned by | ||||||
| 13 | the corporation, company, or partnership in a county; | ||||||
| 14 | however, the number of permits issued without charge to | ||||||
| 15 | bona fide equity shareholders of any corporation or bona | ||||||
| 16 | fide equity members of a limited liability company in any | ||||||
| 17 | county shall not exceed 15, and shall not exceed 3 in the | ||||||
| 18 | case of bona fide equity partners of a partnership. | ||||||
| 19 | Bona fide landowners or tenants who do not wish to hunt | ||||||
| 20 | only on the land they own, rent, or lease or bona fide equity | ||||||
| 21 | shareholders, bona fide equity members, or bona fide equity | ||||||
| 22 | partners who do not wish to hunt only on the land owned by the | ||||||
| 23 | corporation, limited liability company, or partnership shall | ||||||
| 24 | be charged the same fee as the applicant who is not a | ||||||
| 25 | landowner, tenant, bona fide equity shareholder, bona fide | ||||||
| 26 | equity member, or bona fide equity partner. Nonresidents of | ||||||
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| 1 | this State who own at least 40 acres of land and wish to hunt | ||||||
| 2 | on their land only shall be charged a fee set by administrative | ||||||
| 3 | rule. The method for obtaining these permits shall be | ||||||
| 4 | prescribed by administrative rule. | ||||||
| 5 | (b-5) Landowner deer permits shall be issued without | ||||||
| 6 | charge to: | ||||||
| 7 | (1) Illinois landowners residing in this State who own | ||||||
| 8 | at least 20 acres of Illinois land that is located in a | ||||||
| 9 | county where the Department has positively identified | ||||||
| 10 | chronic wasting disease cases in the deer herd, and who | ||||||
| 11 | wish to hunt upon their land only; | ||||||
| 12 | (2) resident tenants of at least 20 acres of | ||||||
| 13 | commercial agricultural land that is located in a county | ||||||
| 14 | where the Department has positively identified chronic | ||||||
| 15 | wasting disease cases in the deer herd where they will | ||||||
| 16 | hunt and who wish to hunt upon the land they are tenants of | ||||||
| 17 | only; and | ||||||
| 18 | (3) bona fide equity shareholders of a corporation, | ||||||
| 19 | bona fide equity members of a limited liability company, | ||||||
| 20 | or bona fide equity partners of a general or limited | ||||||
| 21 | partnership who own which owns at least 20 acres of land in | ||||||
| 22 | a county in this State where the Department has positively | ||||||
| 23 | identified chronic wasting disease cases in the deer herd | ||||||
| 24 | and who wish to hunt on the corporation's, company's, or | ||||||
| 25 | partnership's land only. One permit shall be issued | ||||||
| 26 | without charge to one bona fide equity shareholder, one | ||||||
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| 1 | bona fide equity member, or one bona fide equity partner | ||||||
| 2 | for each 20 acres of land owned by the corporation, | ||||||
| 3 | company, or partnership in a county; however, the number | ||||||
| 4 | of permits issued without charge to bona fide equity | ||||||
| 5 | shareholders of any corporation or bona fide equity | ||||||
| 6 | members of a limited liability company in any county shall | ||||||
| 7 | not exceed 15, and shall not exceed 3 in the case of bona | ||||||
| 8 | fide equity partners of a partnership. | ||||||
| 9 | Bona fide landowners or tenants who do not wish to | ||||||
| 10 | hunt only on the land they own, rent, or lease or bona fide | ||||||
| 11 | equity shareholders, bona fide equity members, or bona | ||||||
| 12 | fide equity partners who do not wish to hunt only on the | ||||||
| 13 | land owned by the corporation, limited liability company, | ||||||
| 14 | or partnership shall be charged the same fee as an the | ||||||
| 15 | applicant who is not a landowner, tenant, bona fide equity | ||||||
| 16 | shareholder, bona fide equity member, or bona fide equity | ||||||
| 17 | partner. | ||||||
| 18 | Nonresidents of this State who own at least 20 acres of | ||||||
| 19 | land where the Department has positively identified chronic | ||||||
| 20 | wasting disease cases in the deer herd and who wish to hunt on | ||||||
| 21 | their land only shall be charged a fee set by administrative | ||||||
| 22 | rule. The method for obtaining these permits shall be | ||||||
| 23 | prescribed by administrative rule. | ||||||
| 24 | (c) The deer, turkey, or combination hunting permit issued | ||||||
| 25 | without fee shall be valid on all farm lands which the person | ||||||
| 26 | to whom it is issued owns, leases, or rents, except that in the | ||||||
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| 1 | case of a permit issued to a bona fide equity shareholder, bona | ||||||
| 2 | fide equity member, or bona fide equity partner, the permit | ||||||
| 3 | shall be valid on all lands owned by the corporation, limited | ||||||
| 4 | liability company, or partnership in the county. | ||||||
| 5 | Resident landowners shall be entitled to up to 5 Resident | ||||||
| 6 | Deer Archery Either-Sex Permits and up to 5 Resident Deer | ||||||
| 7 | Either-Sex Firearm Permits without charge. | ||||||
| 8 | (Source: P.A. 104-59, eff. 1-1-26; revised 9-15-25.) | ||||||
| 9 | (Text of Section after amendment by P.A. 104-361) | ||||||
| 10 | Sec. 3.1-6. Landowner or tenant deer and turkey hunting | ||||||
| 11 | permits. | ||||||
| 12 | (a) For the purpose of this Section: | ||||||
| 13 | "Bona fide current income beneficiary" means an individual | ||||||
| 14 | who, at the time of application for a permit, is: | ||||||
| 15 | (1) entitled to income, whether income exists or not, | ||||||
| 16 | from the trust that owns Illinois land on which the | ||||||
| 17 | applicant wishes to hunt with no condition precedent, such | ||||||
| 18 | as surviving another person or reaching a certain age, | ||||||
| 19 | other than the trustee distributing the income; and | ||||||
| 20 | (2) listed by name in the trust documents as an income | ||||||
| 21 | beneficiary. | ||||||
| 22 | "Bona fide equity member" means an individual who: | ||||||
| 23 | (1)(i) became a member upon the formation of the | ||||||
| 24 | limited liability company or (ii) has purchased a | ||||||
| 25 | distributional interest in a limited liability company for | ||||||
| |||||||
| |||||||
| 1 | a value equal to the percentage of the appraised value of | ||||||
| 2 | the limited liability company's LLC assets represented by | ||||||
| 3 | the distributional interest in the limited liability | ||||||
| 4 | company LLC and subsequently becomes a member of the | ||||||
| 5 | company under Article 30 of the Limited Liability Company | ||||||
| 6 | Act; and | ||||||
| 7 | (2) intends to retain the membership for at least 5 | ||||||
| 8 | years. | ||||||
| 9 | "Bona fide equity partner" means an individual who: | ||||||
| 10 | (1)(i) became a partner, either general or limited, | ||||||
| 11 | upon the formation of a partnership or limited | ||||||
| 12 | partnership, or (ii) has purchased, acquired, or been | ||||||
| 13 | gifted a partnership interest accurately representing his | ||||||
| 14 | or her percentage distributional interest in the profits, | ||||||
| 15 | losses, and assets of a partnership or limited | ||||||
| 16 | partnership; | ||||||
| 17 | (2) intends to retain ownership of the partnership | ||||||
| 18 | interest for at least 5 years; and | ||||||
| 19 | (3) is a resident of this State. | ||||||
| 20 | "Bona fide equity shareholder" means an individual who: | ||||||
| 21 | (1) purchased, for market price, publicly sold stock | ||||||
| 22 | shares in a corporation, purchased shares of a | ||||||
| 23 | privately-held corporation for a value equal to the | ||||||
| 24 | percentage of the appraised value of the corporate assets | ||||||
| 25 | represented by the ownership in the corporation, or is a | ||||||
| 26 | member of a closely-held family-owned corporation and has | ||||||
| |||||||
| |||||||
| 1 | purchased or been gifted with shares of stock in the | ||||||
| 2 | corporation accurately reflecting his or her percentage of | ||||||
| 3 | ownership; and | ||||||
| 4 | (2) intends to retain the ownership of the shares of | ||||||
| 5 | stock for at least 5 years. | ||||||
| 6 | "Current owners" means one or more bona fide landowners, | ||||||
| 7 | one or more bona fide current income beneficiaries, one or | ||||||
| 8 | more bona fide equity shareholders of a corporation, one or | ||||||
| 9 | more bona fide equity members of a limited liability company, | ||||||
| 10 | or one or more bona fide equity partners of a partnership that | ||||||
| 11 | all own the same 240 acres of Illinois land. | ||||||
| 12 | "Immediate family of a bona fide landowner, a tenant, or a | ||||||
| 13 | bona fide current income beneficiary" means the spouse, | ||||||
| 14 | children, brothers, sisters, grandchildren, grandparents, and | ||||||
| 15 | parents permanently residing on the same property as the bona | ||||||
| 16 | fide landowner, tenant, or bona fide current income | ||||||
| 17 | beneficiary. | ||||||
| 18 | "Tenant" means a person who rents 40 acres or more of | ||||||
| 19 | Illinois land for commercial agricultural purposes under a | ||||||
| 20 | written notarized agreement with the landowner. | ||||||
| 21 | (b) Landowner deer and turkey permits shall be issued | ||||||
| 22 | without charge to an Illinois resident who that owns at least | ||||||
| 23 | 40 acres of Illinois land and who that wishes to hunt only on | ||||||
| 24 | the land that Illinois resident owns. Deer permits issued | ||||||
| 25 | under this Section shall consist of one either-sex permit and | ||||||
| 26 | one antlerless-only permit for the deer firearm season and one | ||||||
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| |||||||
| 1 | either-sex permit and one antlerless-only permit for the | ||||||
| 2 | archery deer season. Land ownership shall only be accepted by | ||||||
| 3 | the Department for: | ||||||
| 4 | (1) bona fide landowners; | ||||||
| 5 | (2) bona fide current income beneficiaries of a trust | ||||||
| 6 | in which the trust owns Illinois land; and | ||||||
| 7 | (3) bona fide equity shareholders of a corporation, | ||||||
| 8 | bona fide equity members of a limited liability company, | ||||||
| 9 | or bona fide equity partners of a general or limited | ||||||
| 10 | partnership which owns land in this State. | ||||||
| 11 | (b-5) Landowner deer permits shall be issued without | ||||||
| 12 | charge to: | ||||||
| 13 | (1) Illinois landowners residing in this State who own | ||||||
| 14 | at least 20 acres of Illinois land that is located in a | ||||||
| 15 | county where the Department has positively identified | ||||||
| 16 | chronic wasting disease cases in the deer herd, and who | ||||||
| 17 | wish to hunt upon their land only; | ||||||
| 18 | (2) resident tenants of at least 20 acres of | ||||||
| 19 | commercial agricultural land that is located in a county | ||||||
| 20 | where the Department has positively identified chronic | ||||||
| 21 | wasting disease cases in the deer herd where they will | ||||||
| 22 | hunt and who wish to hunt upon the land they are tenants of | ||||||
| 23 | only; and | ||||||
| 24 | (3) bona fide equity shareholders of a corporation, | ||||||
| 25 | bona fide equity members of a limited liability company, | ||||||
| 26 | or bona fide equity partners of a general or limited | ||||||
| |||||||
| |||||||
| 1 | partnership who own which owns at least 20 acres of land in | ||||||
| 2 | a county in this State where the Department has positively | ||||||
| 3 | identified chronic wasting disease cases in the deer herd | ||||||
| 4 | and who wish to hunt on the corporation's, company's, or | ||||||
| 5 | partnership's land only. One permit shall be issued | ||||||
| 6 | without charge to one bona fide equity shareholder, one | ||||||
| 7 | bona fide equity member, or one bona fide equity partner | ||||||
| 8 | for each 20 acres of land owned by the corporation, | ||||||
| 9 | company, or partnership in a county; however, the number | ||||||
| 10 | of permits issued without charge to bona fide equity | ||||||
| 11 | shareholders of any corporation or bona fide equity | ||||||
| 12 | members of a limited liability company in any county shall | ||||||
| 13 | not exceed 15, and shall not exceed 3 in the case of bona | ||||||
| 14 | fide equity partners of a partnership. | ||||||
| 15 | Bona fide landowners or tenants who do not wish to | ||||||
| 16 | hunt only on the land they own, rent, or lease or bona fide | ||||||
| 17 | equity shareholders, bona fide equity members, or bona | ||||||
| 18 | fide equity partners who do not wish to hunt only on the | ||||||
| 19 | land owned by the corporation, limited liability company, | ||||||
| 20 | or partnership shall be charged the same fee as an the | ||||||
| 21 | applicant who is not a landowner, tenant, bona fide equity | ||||||
| 22 | shareholder, bona fide equity member, or bona fide equity | ||||||
| 23 | partner. | ||||||
| 24 | Nonresidents of this State who own at least 20 acres of | ||||||
| 25 | land where the Department has positively identified chronic | ||||||
| 26 | wasting disease cases in the deer herd and who wish to hunt on | ||||||
| |||||||
| |||||||
| 1 | their land only shall be charged a fee set by administrative | ||||||
| 2 | rule. The method for obtaining these permits shall be | ||||||
| 3 | prescribed by administrative rule. | ||||||
| 4 | (b-10) (b-5) Tenant deer and turkey permits shall be | ||||||
| 5 | issued without charge to Illinois resident tenants of at least | ||||||
| 6 | 40 acres of commercial agricultural land who that wish to hunt | ||||||
| 7 | only on the land of which they are resident tenants. Deer | ||||||
| 8 | permits issued under this Section shall consist of (i) one | ||||||
| 9 | either-sex permit and one antlerless-only permit for the deer | ||||||
| 10 | firearm season and (ii) one either-sex permit and one | ||||||
| 11 | antlerless-only permit for the archery deer season. | ||||||
| 12 | (b-15) (b-10) The total number of deer or turkey permits | ||||||
| 13 | that may be issued to a person under this Section shall be | ||||||
| 14 | established by administrative rule. | ||||||
| 15 | (b-20) (b-15) Bona fide landowners who do not wish to hunt | ||||||
| 16 | only on the land they own, tenants who do not wish to hunt only | ||||||
| 17 | on the land they rent or lease, or bona fide equity | ||||||
| 18 | shareholders, bona fide equity members, bona fide current | ||||||
| 19 | income beneficiaries of a trust, or bona fide equity partners | ||||||
| 20 | who do not wish to hunt only on the land owned by the | ||||||
| 21 | corporation, limited liability company, trust, or partnership | ||||||
| 22 | shall be charged the same fee as the applicant who is not a | ||||||
| 23 | bona fide landowner, Illinois resident tenant, bona fide | ||||||
| 24 | equity shareholder, bona fide equity member, bona fide current | ||||||
| 25 | income beneficiary of a trust, or bona fide equity partner. | ||||||
| 26 | Nonresidents of this State who own at least 40 acres of land as | ||||||
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| 1 | a bona fide landowner, a bona fide current income beneficiary | ||||||
| 2 | of a trust, a bona fide equity shareholder, or a bona fide | ||||||
| 3 | equity member and wish to hunt on their land only shall be | ||||||
| 4 | charged a fee set by administrative rule. The method for | ||||||
| 5 | obtaining these permits shall be prescribed by administrative | ||||||
| 6 | rule. | ||||||
| 7 | (c) A deer or turkey hunting permit issued without fee | ||||||
| 8 | shall be valid on all Illinois lands year-round which the | ||||||
| 9 | person to whom it is issued owns, including land owned by the | ||||||
| 10 | individual as a bona fide landowner, land owned as a bona fide | ||||||
| 11 | equity shareholder of a corporation, land owned by the | ||||||
| 12 | individual as a bona fide equity member of a limited liability | ||||||
| 13 | company, and land owned by the individual as a bona fide equity | ||||||
| 14 | partner of a partnership. | ||||||
| 15 | (d) Except for a person hunting under a permit issued | ||||||
| 16 | under subsection (e) or (f), while hunting under a permit | ||||||
| 17 | issued under this Section, a person must carry the permit and | ||||||
| 18 | documentation showing proof of that the person is a bona fide | ||||||
| 19 | landowner, a bona fide equity shareholder of a corporation, a | ||||||
| 20 | bona fide equity member of a limited liability company, a bona | ||||||
| 21 | fide current income beneficiary, a bona fide equity partner | ||||||
| 22 | partners of a general or limited partnership, or a tenant. | ||||||
| 23 | While hunting under a permit issued under subsection (e) or | ||||||
| 24 | (f), a person must carry the permit and documentation showing | ||||||
| 25 | that the person is actively hunting on land covered by the | ||||||
| 26 | permit. | ||||||
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| 1 | (e) The Department may, by administrative rule, issue | ||||||
| 2 | permits under this Section to the immediate family of a bona | ||||||
| 3 | fide landowner, a tenant, or a bona fide current income | ||||||
| 4 | beneficiary, or tenant. | ||||||
| 5 | (f) For every 240 acres of Illinois land owned by the | ||||||
| 6 | current owners, the Department may issue one guest either-sex | ||||||
| 7 | deer permit and one guest antlerless-only deer permit. The | ||||||
| 8 | guest permits shall be for the same deer hunting season and for | ||||||
| 9 | the same method of take as issued to the current owner. A guest | ||||||
| 10 | permit shall be issued to an individual who is not a current | ||||||
| 11 | owner and is listed on the application for the issuance of | ||||||
| 12 | guest deer hunting permits by a current owner. An individual | ||||||
| 13 | designated by a current owner must meet all the eligibility | ||||||
| 14 | requirements to hunt under this Code and shall pay all fees | ||||||
| 15 | required under Section 2.26 for the permits issued, including | ||||||
| 16 | non-resident fees if that individual is a non-resident. | ||||||
| 17 | Permits issued under this subsection may not be offered for | ||||||
| 18 | resale by the landowner receiving the permit and are | ||||||
| 19 | nontransferable. No more than 5 individuals, regardless of the | ||||||
| 20 | total number of 240 acres of Illinois land owned by the current | ||||||
| 21 | owners, may be issued guest permits under this subsection. | ||||||
| 22 | (g) The Department may adopt rules to administer and | ||||||
| 23 | enforce this Section, including, but not limited to, | ||||||
| 24 | application requirements, proof of ownership requirements, | ||||||
| 25 | proof of residency requirements, eligibility requirements, | ||||||
| 26 | restrictions, and suspension and revocation of permits. | ||||||
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| 1 | (h) No person shall be issued more than (i) one either-sex | ||||||
| 2 | permit and one antlerless-only permit for the deer firearm | ||||||
| 3 | season and (ii) one either-sex permit and one antlerless-only | ||||||
| 4 | permit for the deer archery season under this Section. | ||||||
| 5 | Resident landowners shall be entitled to up to 5 Resident | ||||||
| 6 | Deer Archery Either-Sex Permits and up to 5 Resident Deer | ||||||
| 7 | Either-Sex Firearm Permits without charge. | ||||||
| 8 | (Source: P.A. 104-59, eff. 1-1-26; 104-361, eff. 1-1-27; | ||||||
| 9 | revised 9-15-25.) | ||||||
| 10 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 11 | changes in a statute that is represented in this Act by text | ||||||
| 12 | that is not yet or no longer in effect (for example, a Section | ||||||
| 13 | represented by multiple versions), the use of that text does | ||||||
| 14 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 15 | made by this Act or (ii) provisions derived from any other | ||||||
| 16 | Public Act. | ||||||
