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| Public Act 097-0564
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| HB2094 Enrolled | LRB097 06794 CEL 46885 b |
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AN ACT concerning wildlife.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Wildlife Code is amended by changing |
Sections 2.11 and 2.26 as follows:
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(520 ILCS 5/2.11) (from Ch. 61, par. 2.11)
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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.
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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.
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Permits shall be issued without charge to:
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(a) Illinois landowners residing in Illinois who own at |
least 40 acres of
Illinois land and wish to hunt on their |
land only,
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(b) resident tenants of at least 40 acres of commercial
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agricultural land, and
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(c) bona fide equity shareholders of a corporation,
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bona fide
equity
members of a limited liability
company, or |
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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
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permits issued without charge to bona fide equity |
shareholders of any
corporation or bona fide equity members
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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.
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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.
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The Department may by administrative rule allocate and |
issue non-resident
Wild Turkey Permits and establish fees for |
such permits.
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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 |
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possession any other gun.
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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.
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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 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.
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It is unlawful for any person to take in Illinois or have |
in his possession
more than one wild turkey per valid permit. |
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.
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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 |
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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. 96-162, eff. 1-1-10.)
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(520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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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,
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purchased shares of a privately-held corporation for a value
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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.
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In this Section, "bona fide equity member" means an |
individual who (1) (i)
became a member
upon
the formation of |
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the limited liability company or (ii) has purchased a
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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)
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intends to retain the membership for at least 5 years.
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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.
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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 |
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 |
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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:
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(a) Illinois landowners residing in Illinois who own at |
least 40 acres of
Illinois land and wish to hunt their land |
only,
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(b) resident tenants of at least 40 acres of commercial |
agricultural land
where they will hunt, and
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(c) Bona fide equity shareholders of a corporation,
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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
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permits issued without charge to bona fide equity |
shareholders of any
corporation or bona fide equity members
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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.
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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
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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.
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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 |
bona fide equity partner, the
permit shall
be valid on all |
lands owned by the corporation, limited liability
company, or |
partnership in the county.
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The standards and specifications for use of guns and bow |
and arrow for
deer hunting shall be established by |
administrative rule.
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No person may have in his possession any firearm not |
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authorized by
administrative rule for a specific hunting season |
when taking deer.
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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.
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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.
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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 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 that can be ingested, placed, or scattered in such a |
manner as to attract or lure white-tailed deer. "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 |
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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.
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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.
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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.
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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.
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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.
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The Department may prohibit upland game hunting during the |
gun deer
season by administrative rule.
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The Department shall not limit the number of non-resident |
either sex archery deer hunting permits to less than 20,000.
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It shall be legal for handicapped persons, as defined in |
Section 2.33, and persons age 62 or older to
utilize a crossbow |
device, as defined in Department rules, to take deer.
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Any person who violates any of the provisions of this |
Section,
including administrative rules, shall be guilty of a |
Class B misdemeanor.
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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 |
white-tailed deer may be further modified by administrative |
rule. |
(Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; |
95-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. 1-1-10; |
96-1042, eff. 1-1-11.)
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