SB3003 Engrossed LRB099 20086 MGM 44506 b
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		Sections 2.11 and 2.26 and by adding Section 3.1-6 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,
8		he shall first obtain a "Wild Turkey Hunting Permit" in
9		accordance with the prescribed regulations set forth in an
10		administrative rule of the Department. The fee for a Resident
11		Wild Turkey Hunting Permit shall not exceed $15.
12		Upon submitting suitable evidence of legal residence in any
13		other state, non-residents shall be charged a fee not to exceed
14		$125 for wild turkey hunting permits, except as provided below
15		for 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.
14		The turkey hunting permit issued without fee shall be valid
15		on all lands upon which the person to whom it is issued owns,
16		leases or rents, except that in the case of a permit issued
17		without charge to a shareholder of a corporation, the permit
18		shall be valid on all lands owned by the corporation in the
19		county.
20		The Department may by administrative rule allocate and
21		issue non-resident Wild Turkey Permits and establish fees for
22		such permits.
23		It shall be unlawful to take wild turkey except by use of a
24		bow and arrow or a shotgun of not larger than 10 nor smaller
25		than 20 gauge with shot size not larger than No. 4, and no
26		person while attempting to so take wild turkey may have in his

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1		possession any other gun.
2		It shall be unlawful to take, or attempt to take wild
3		turkey except during the time from 1/2 hour before sunrise to
4		1/2 hour after sunset or during such lesser period of time as
5		may be specified by administrative rule, during those days for
6		which an open season is established.
7		It shall be unlawful for any person to take, or attempt to
8		take, wild turkey by use of dogs, horses, automobiles, aircraft
9		or other vehicles, or conveyances, or by the use or aid of bait
10		or baiting of any kind. For the purposes of this Section,
11		"bait" means any material, whether liquid or solid, including
12		food, salt, minerals, and other products, except pure water,
13		that can be ingested, placed, or scattered in such a manner as
14		to attract or lure wild turkeys. "Baiting" means the placement
15		or scattering of bait to attract wild turkeys. An area is
16		considered as baited during the presence of and for 10
17		consecutive days following the removal of the bait.
18		It is unlawful for any person to take in Illinois or have
19		in his possession more than one wild turkey per valid permit.
20		For purposes of this Section "bona fide equity
21		shareholder", "bona fide equity member", and "bona fide equity
22		partner" shall have the same meaning as provided in Section
23		2.26 of this Act.
24		For the purposes of calculating acreage under this Section,
25		the Department shall, after determining the total acreage of
26		the applicable tract or tracts of land, round remaining

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1		fractional portions of an acre greater than or equal to half of
2		an acre up to the next whole acre.
3		For the purposes of taking wild turkey, nothing in this
4		Section shall be construed to prevent the manipulation,
5		including mowing or cutting, of standing crops as a normal
6		agricultural or soil stabilization practice, food plots, or
7		normal agricultural practices, including planting, harvesting,
8		and maintenance such as cultivating. Such manipulation for the
9		purpose of taking wild turkey may be further modified by
10		administrative rule.
11		(Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.)
12		(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
13		Sec. 2.26. Deer hunting permits. In this Section, "bona
14		fide equity shareholder" means an individual who (1) purchased,
15		for market price, publicly sold stock shares in a corporation,
16		purchased shares of a privately-held corporation for a value
17		equal to the percentage of the appraised value of the corporate
18		assets represented by the ownership in the corporation, or is a
19		member of a closely-held family-owned corporation and has
20		purchased or been gifted with shares of stock in the
21		corporation accurately reflecting his or her percentage of
22		ownership and (2) intends to retain the ownership of the shares
23		of stock for at least 5 years.
24		In this Section, "bona fide equity member" means an
25		individual who (1) (i) became a member upon the formation of

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1		the limited liability company or (ii) has purchased a
2		distributional interest in a limited liability company for a
3		value equal to the percentage of the appraised value of the LLC
4		assets represented by the distributional interest in the LLC
5		and subsequently becomes a member of the company pursuant to
6		Article 30 of the Limited Liability Company Act and who (2)
7		intends to retain the membership for at least 5 years.
8		In this Section, "bona fide equity partner" means an
9		individual who (1) (i) became a partner, either general or
10		limited, upon the formation of a partnership or limited
11		partnership, or (ii) has purchased, acquired, or been gifted a
12		partnership interest accurately representing his or her
13		percentage distributional interest in the profits, losses, and
14		assets of a partnership or limited partnership, (2) intends to
15		retain ownership of the partnership interest for at least 5
16		years, and (3) is a resident of Illinois.
17		Any person attempting to take deer shall first obtain a
18		"Deer Hunting Permit" issued by the Department in accordance
19		with its administrative rules. Those rules must provide for the
20		issuance of the following types of resident deer archery
21		permits: (i) a combination permit, consisting of one either-sex
22		permit and one antlerless-only permit, (ii) a single
23		antlerless-only permit, and (iii) a single either-sex permit.
24		The fee for a Deer Hunting Permit to take deer with either bow
25		and arrow or gun shall not exceed $25.00 for residents of the
26		State. The Department may by administrative rule provide for

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

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1		of a limited liability company in any county shall not
2		exceed 15, and shall not exceed 3 in the case of bona fide
3		equity partners of a partnership.
4		Bona fide landowners or tenants who do not wish to hunt
5		only on the land they own, rent, or lease or bona fide equity
6		shareholders, bona fide equity members, or bona fide equity
7		partners who do not wish to hunt only on the land owned by the
8		corporation, limited liability company, or partnership shall
9		be charged the same fee as the applicant who is not a
10		landowner, tenant, bona fide equity shareholder, bona fide
11		equity member, or bona fide equity partner. Nonresidents of
12		Illinois who own at least 40 acres of land and wish to hunt on
13		their land only shall be charged a fee set by administrative
14		rule. The method for obtaining these permits shall be
15		prescribed by administrative rule.
16		The deer hunting permit issued without fee shall be valid
17		on all farm lands which the person to whom it is issued owns,
18		leases or rents, except that in the case of a permit issued to
19		a bona fide equity shareholder, bona fide equity member, or
20		bona fide equity partner, the permit shall be valid on all
21		lands owned by the corporation, limited liability company, or
22		partnership in the county.
23		The standards and specifications for use of guns and bow
24		and arrow for deer hunting shall be established by
25		administrative rule.
26		No person may have in his possession any firearm not

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1		authorized by administrative rule for a specific hunting season
2		when taking deer.
3		Persons having a firearm deer hunting permit shall be
4		permitted to take deer only during the period from 1/2 hour
5		before sunrise to 1/2 hour after sunset, and only during those
6		days for which an open season is established for the taking of
7		deer by use of shotgun, handgun, or muzzle loading rifle.
8		Persons having an archery deer hunting permit shall be
9		permitted to take deer only during the period from 1/2 hour
10		before sunrise to 1/2 hour after sunset, and only during those
11		days for which an open season is established for the taking of
12		deer by use of bow and arrow.
13		It shall be unlawful for any person to take deer by use of
14		dogs, horses, automobiles, aircraft or other vehicles, or by
15		the use or aid of bait or baiting of any kind. For the purposes
16		of this Section, "bait" means any material, whether liquid or
17		solid, including food, salt, minerals, and other products,
18		except pure water, that can be ingested, placed, or scattered
19		in such a manner as to attract or lure white-tailed deer.
20		"Baiting" means the placement or scattering of bait to attract
21		deer. An area is considered as baited during the presence of
22		and for 10 consecutive days following the removal of bait.
23		Nothing in this Section shall prohibit the use of a dog to
24		track wounded deer. Any person using a dog for tracking wounded
25		deer must maintain physical control of the dog at all times by
26		means of a maximum 50 foot lead attached to the dog's collar or

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1		harness. Tracking wounded deer is permissible at night, but at
2		no time outside of legal deer hunting hours or seasons shall
3		any person handling or accompanying a dog being used for
4		tracking wounded deer be in possession of any firearm or
5		archery device. Persons tracking wounded deer with a dog during
6		the firearm deer seasons shall wear blaze orange as required.
7		Dog handlers tracking wounded deer with a dog are exempt from
8		hunting license and deer permit requirements so long as they
9		are accompanied by the licensed deer hunter who wounded the
10		deer.
11		It shall be unlawful to possess or transport any wild deer
12		which has been injured or killed in any manner upon a public
13		highway or public right-of-way of this State unless exempted by
14		administrative rule.
15		Persons hunting deer must have gun unloaded and no bow and
16		arrow device shall be carried with the arrow in the nocked
17		position during hours when deer hunting is unlawful.
18		It shall be unlawful for any person, having taken the legal
19		limit of deer by gun, to further participate with gun in any
20		deer hunting party.
21		It shall be unlawful for any person, having taken the legal
22		limit of deer by bow and arrow, to further participate with bow
23		and arrow in any deer hunting party.
24		The Department may prohibit upland game hunting during the
25		gun deer season by administrative rule.
26		The Department shall not limit the number of non-resident,

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1		either-sex either sex archery deer hunting permits to less than
2		20,000.
3		Any person who violates any of the provisions of this
4		Section, including administrative rules, shall be guilty of a
5		Class B misdemeanor.
6		For the purposes of calculating acreage under this Section,
7		the Department shall, after determining the total acreage of
8		the applicable tract or tracts of land, round remaining
9		fractional portions of an acre greater than or equal to half of
10		an acre up to the next whole acre.
11		For the purposes of taking white-tailed deer, nothing in
12		this Section shall be construed to prevent the manipulation,
13		including mowing or cutting, of standing crops as a normal
14		agricultural or soil stabilization practice, food plots, or
15		normal agricultural practices, including planting, harvesting,
16		and maintenance such as cultivating or the use of products
17		designed for scent only and not capable of ingestion, solid or
18		liquid, placed or scattered, in such a manner as to attract or
19		lure deer. Such manipulation for the purpose of taking
20		white-tailed deer may be further modified by administrative
21		rule.
22		(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
23		98-180, eff. 8-5-13; revised 10-20-15.)
24		(520 ILCS 5/3.1-6 new)
25		Sec. 3.1-6. Special deer, turkey, and combination hunting

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1		licenses.
2		(a) For the purpose of this Section:
3		"Bona fide equity member" means an individual who:
4		(1) (i) became a member upon the formation of the
5		limited liability company or (ii) has purchased a
6		distributional interest in a limited liability company for
7		a value equal to the percentage of the appraised value of
8		the LLC assets represented by the distributional interest
9		in the LLC and subsequently becomes a member of the company
10		under Article 30 of the Limited Liability Company Act; and
11		(2) intends to retain the membership for at least 5
12		years.
13		"Bona fide equity partner" means an individual who:
14		(1) (i) became a partner, either general or limited,
15		upon the formation of a partnership or limited partnership,
16		or (ii) has purchased, acquired, or been gifted a
17		partnership interest accurately representing his or her
18		percentage distributional interest in the profits, losses,
19		and assets of a partnership or limited partnership;
20		(2) intends to retain ownership of the partnership
21		interest for at least 5 years; and
22		(3) is a resident of this State.
23		"Bona fide equity shareholder" means an individual who:
24		(1) purchased, for market price, publicly sold stock
25		shares in a corporation, purchased shares of a
26		privately-held corporation for a value equal to the

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1		percentage of the appraised value of the corporate assets
2		represented by the ownership in the corporation, or is a
3		member of a closely-held family-owned corporation and has
4		purchased or been gifted with shares of stock in the
5		corporation accurately reflecting his or her percentage of
6		ownership; and
7		(2) intends to retain the ownership of the shares of
8		stock for at least 5 years.
9		(b) Landowner Deer, Turkey, and combination permits shall
10		be issued without charge to:
11		(1) Illinois landowners residing in this State who own
12		at least 40 acres of Illinois land and wish to hunt upon
13		their land only;
14		(2) resident tenants of at least 40 acres of commercial
15		agricultural land where they will hunt; and
16		(3) bona fide equity shareholders of a corporation,
17		bona fide equity members of a limited liability company, or
18		bona fide equity partners of a general or limited
19		partnership which owns at least 40 acres of land in a
20		county in this State who wish to hunt on the corporation's,
21		company's, or partnership's land only. One permit shall be
22		issued without charge to one bona fide equity shareholder,
23		one bona fide equity member, or one bona fide equity
24		partner for each 40 acres of land owned by the corporation,
25		company, or partnership in a county; however, the number of
26		permits issued without charge to bona fide equity

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