Bill Amendment: IL SB3003 | 2015-2016 | 99th General Assembly

NOTE: For additional amemendments please see the Bill Drafting List

---

Bill Title: WILDLIFE-HUNTER-LANDOWNER

Status: 2016-08-22 - Public Act . . . . . . . . . 99-0869 [SB3003 Detail]

Download: Illinois-2015-SB3003-Senate_Amendment_001.html

---

Sen. Bill Cunningham

Filed: 3/8/2016

09900SB3003sam001 LRB099 20086 SLF 45538 a
AMENDMENT TO SENATE BILL 3003
AMENDMENT NO. ______. Amend Senate Bill 3003 by replacing
everything after the enacting clause with the following:
"Section 5. The Wildlife Code is amended by changing
Sections 2.11 and 2.26 and by adding Section 3.1-6 as follows:
(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
Sec. 2.11. Before any person may lawfully hunt wild turkey,
he shall first obtain a "Wild Turkey Hunting Permit" in
accordance with the prescribed regulations set forth in an
administrative rule of the Department. The fee for a Resident
Wild Turkey Hunting Permit shall not exceed $15.
Upon submitting suitable evidence of legal residence in any
other state, non-residents shall be charged a fee not to exceed
$125 for wild turkey hunting permits, except as provided below
for non-resident land owners.
Permits shall be issued without charge to:

09900SB3003sam001 - 2 - LRB099 20086 SLF 45538 a
(a) Illinois landowners residing in Illinois who own at
least 40 acres of Illinois land and wish to hunt on their
land only,
(b) resident tenants of at least 40 acres of commercial
agricultural land, and
(c) 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 Illinois 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.
The turkey hunting permit issued without fee shall be valid
on all lands upon which the person to whom it is issued owns,
leases or rents, except that in the case of a permit issued
without charge to a shareholder of a corporation, the permit
shall be valid on all lands owned by the corporation in the
county.

09900SB3003sam001 - 3 - LRB099 20086 SLF 45538 a
The Department may by administrative rule allocate and
issue non-resident Wild Turkey Permits and establish fees for
such permits.
It shall be unlawful to take wild turkey except by use of a
bow and arrow or a shotgun of not larger than 10 nor smaller
than 20 gauge with shot size not larger than No. 4, and no
person while attempting to so take wild turkey may have in his
possession any other gun.
It shall be unlawful to take, or attempt to take wild
turkey except during the time from 1/2 hour before sunrise to
1/2 hour after sunset or during such lesser period of time as
may be specified by administrative rule, during those days for
which an open season is established.
It shall be unlawful for any person to take, or attempt to
take, wild turkey by use of dogs, horses, automobiles, aircraft
or other vehicles, or conveyances, or by the use or aid of bait
or baiting of any kind. For the purposes of this Section,
"bait" means any material, whether liquid or solid, including
food, salt, minerals, and other products, except pure water,
that can be ingested, placed, or scattered in such a manner as
to attract or lure wild turkeys. "Baiting" means the placement
or scattering of bait to attract wild turkeys. An area is
considered as baited during the presence of and for 10
consecutive days following the removal of the bait.
It is unlawful for any person to take in Illinois or have
in his possession more than one wild turkey per valid permit.

09900SB3003sam001 - 4 - LRB099 20086 SLF 45538 a
For purposes of this Section "bona fide equity
shareholder", "bona fide equity member", and "bona fide equity
partner" shall have the same meaning as provided in Section
2.26 of this Act.
For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
For the purposes of taking wild turkey, nothing in this
Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating. Such manipulation for the
purpose of taking wild turkey may be further modified by
administrative rule.
(Source: P.A. 97-564, eff. 8-25-11; 98-180, eff. 8-5-13.)
(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

09900SB3003sam001 - 5 - LRB099 20086 SLF 45538 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.
In this Section, "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 Illinois.
Any person attempting to take deer shall first obtain a
"Deer Hunting Permit" issued by the Department in accordance
with its administrative rules. Those rules must provide for the

09900SB3003sam001 - 6 - LRB099 20086 SLF 45538 a
issuance of the following types of resident deer archery
permits: (i) a combination permit, consisting of one either-sex
permit and one antlerless-only permit, (ii) a single
antlerless-only permit, and (iii) a single either-sex permit.
The fee for a Deer Hunting Permit to take deer with either bow
and arrow or gun shall not exceed $25.00 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 $300 in 2005, $350 in 2006, and $400 in 2007 and
thereafter except as provided below for non-resident
landowners and non-resident archery hunters. The Department
may by administrative rule provide for a non-resident archery
deer permit consisting of not more than 2 harvest tags at a
total cost not to exceed $325 in 2005, $375 in 2006, and $425
in 2007 and thereafter. 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,
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 Illinois who wish to hunt on the corporation's,

09900SB3003sam001 - 7 - LRB099 20086 SLF 45538 a
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
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, bona fide equity member, or

09900SB3003sam001 - 8 - LRB099 20086 SLF 45538 a
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, limited liability company, or
partnership in the county.
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 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 shotgun, handgun, 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 or aid of bait or baiting of any kind. For the purposes
of this Section, "bait" means any material, whether liquid or
solid, including food, salt, minerals, and other products,
except pure water, that can be ingested, placed, or scattered
in such a manner as to attract or lure white-tailed deer.

09900SB3003sam001 - 9 - LRB099 20086 SLF 45538 a
"Baiting" means the placement or scattering of bait to attract
deer. An area is considered as baited during the presence of
and for 10 consecutive days following the removal of bait.
Nothing in this Section shall prohibit the use of a dog to
track wounded deer. Any person using a dog for tracking wounded
deer must maintain physical control of the dog at all times by
means of a maximum 50 foot lead attached to the dog's collar or
harness. Tracking wounded deer is permissible at night, but at
no time outside of legal deer hunting hours or seasons shall
any person handling or accompanying a dog being used for
tracking wounded deer be in possession of any firearm or
archery device. Persons tracking wounded deer with a dog during
the firearm deer seasons shall wear blaze orange as required.
Dog handlers tracking wounded deer with a dog are exempt from
hunting license and deer permit requirements so long as they
are accompanied by the licensed deer hunter who wounded the
deer.
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

09900SB3003sam001 - 10 - LRB099 20086 SLF 45538 a
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.
The Department shall not limit the number of non-resident,
either-sex either sex archery deer hunting permits to less than
20,000.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
For the purposes of calculating acreage under this Section,
the Department shall, after determining the total acreage of
the applicable tract or tracts of land, round remaining
fractional portions of an acre greater than or equal to half of
an acre up to the next whole acre.
For the purposes of taking white-tailed deer, nothing in
this Section shall be construed to prevent the manipulation,
including mowing or cutting, of standing crops as a normal
agricultural or soil stabilization practice, food plots, or
normal agricultural practices, including planting, harvesting,
and maintenance such as cultivating or the use of products
designed for scent only and not capable of ingestion, solid or
liquid, placed or scattered, in such a manner as to attract or
lure deer. Such manipulation for the purpose of taking

09900SB3003sam001 - 11 - LRB099 20086 SLF 45538 a
white-tailed deer may be further modified by administrative
rule.
(Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12;
98-180, eff. 8-5-13; revised 10-20-15.)
(520 ILCS 5/3.1-6 new)
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;

09900SB3003sam001 - 12 - LRB099 20086 SLF 45538 a
(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

09900SB3003sam001 - 13 - LRB099 20086 SLF 45538 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

09900SB3003sam001 - 14 - LRB099 20086 SLF 45538 a
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.".