520 ILCS 5/3.1-6

(520 ILCS 5/3.1-6)

(Text of Section from P.A. 99-869)

Sec. 3.1-6. Special deer, turkey, and combination hunting licenses.

(a) For the purpose of 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 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.

(b) Landowner deer, turkey, and combination permits shall be issued without charge to:

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

(2) 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.

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, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State 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.

(c) The deer, turkey, or combination 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, 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.

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

(Text of Section from P.A. 104-59)

Sec. 3.1-6. Special deer, turkey, and combination hunting licenses.

(a) For the purpose of 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 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.

(b) Landowner deer, turkey, and combination permits shall be issued without charge to:

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

(2) 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.

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, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner. Nonresidents of this State 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.

(b-5) Landowner deer permits shall be issued without charge to:

(1) Illinois landowners residing in this State who own at least 20 acres of Illinois land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd, and who wish to hunt upon their land only;

(2) resident tenants of at least 20 acres of commercial agricultural land that is located in a county where the Department has positively identified chronic wasting disease cases in the deer herd where they will hunt and who wish to hunt upon the land they are tenants of only; 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 20 acres of land in a county in this State where the Department has positively identified chronic wasting disease cases in the deer herd and 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 20 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.

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, bona fide equity members, or bona fide equity partners who do not wish to hunt only on the land owned by the corporation, limited liability company, or partnership shall be charged the same fee as the applicant who is not a landowner, tenant, bona fide equity shareholder, bona fide equity member, or bona fide equity partner.

Nonresidents of this State who own at least 20 acres of land where the Department has positively identified chronic wasting disease cases in the deer herd and who 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.

(c) The deer, turkey, or combination 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, 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.

(Source: P.A. 104-59, eff. 1-1-26.)

(Text of Section from P.A. 104-361)

Sec. 3.1-6. Landowner or tenant deer and turkey hunting permits.

(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:

(1) entitled to income, whether income exists or not, from the trust that owns Illinois land on which the applicant wishes to hunt with no condition precedent, such as surviving another person or reaching a certain age, other than the trustee distributing the income; and

(2) 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.

"Current owners" means one or more bona fide landowners, one or more bona fide current income beneficiaries, one or more bona fide equity shareholders of a corporation, one or more bona fide equity members of a limited liability company, or one or more bona fide equity partners of a partnership that all own the same 240 acres of Illinois land.

"Immediate family of a bona fide landowner, tenant, or a bona fide current income beneficiary" means the spouse, children, brothers, sisters, grandchildren, grandparents, and parents permanently residing on the same property as the bona fide landowner, tenant, or bona fide current income beneficiary.

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

(b) Landowner deer and turkey permits shall be issued without charge to an Illinois resident that owns at least 40 acres of Illinois land and that wishes to hunt only on the land that Illinois resident owns. Deer permits issued under this Section shall consist of one either-sex permit and one antlerless-only permit for the deer firearm season and one either-sex permit and one antlerless-only permit for the archery deer season. Land ownership shall only be accepted by the Department for:

(1) bona fide landowners;

(2) bona fide current income beneficiaries of a trust in which the trust owns Illinois land; 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 land in this State.

(b-5) Tenant deer and turkey permits shall be issued without charge to Illinois resident tenants of at least 40 acres of commercial agricultural land that wish to hunt only on the land of which they are resident tenants. Deer permits issued under this Section shall consist of (i) one either-sex permit and one antlerless-only permit for the deer firearm season and (ii) one either-sex permit and one antlerless-only permit for the archery deer season.

(b-10) The total number of deer or turkey permits that may be issued to a person under this Section shall be established by administrative rule.

(b-15) Bona fide landowners who do not wish to hunt only on the land they own, tenants who do not wish to hunt only on 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.

(c) A deer or turkey hunting permit issued without fee shall be valid on all Illinois lands which the person to whom it is issued owns, including 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, and land owned by the individual as a bona fide equity partner of a partnership.

(d) Except for a person hunting under a permit issued under subsection (e) or (f), while hunting under a permit issued under this Section, a person must carry the permit and documentation showing proof of that the person is 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 partners of a general or limited partnership, or a tenant. While hunting under a permit issued under subsection (e) or (f), a person must carry the permit and documentation showing that the person is actively hunting on land covered by the permit.

(e) The Department may, by administrative rule, issue permits under this Section to the immediate family of a bona fide landowner, a bona fide current income beneficiary, or tenant.

(f) For every 240 acres of Illinois land owned by the current owners, the Department may issue one guest either-sex deer permit and one guest antlerless-only deer permit. The guest permits shall be for the same deer hunting season and for the same method of take as issued to the current owner. A guest permit shall be issued to an individual who is not a current owner and is listed on the application for the issuance of guest deer hunting permits by a current owner. An individual designated by a current owner must meet all the eligibility requirements to hunt under this Code and shall pay all fees required under Section 2.26 for the permits issued, including non-resident fees if that individual is a non-resident. Permits issued under this subsection may not be offered for resale by the landowner receiving the permit and are nontransferable. No more than 5 individuals, regardless of total number of 240 acres of Illinois land owned by the current owners, may be issued guest permits under this subsection.

(g) The Department may adopt rules to administer and enforce this Section, including, but not limited to, application requirements, proof of ownership requirements, proof of residency requirements, eligibility requirements, restrictions, and suspension and revocation of permits.

(h) No person shall be issued more than (i) one either-sex permit and one antlerless-only permit for the deer firearm season and (ii) one either-sex permit and one antlerless-only permit for the deer archery season under this Section.

(Source: P.A. 104-361, eff. 1-1-27.)