Bill Text: IL HB0674 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Wildlife Code. Requires the Department of Natural Resources to issue deer permits without charge to the immediate family of an Illinois landowner who resides in Illinois, owns at least 40 acres of Illinois land, and wishes to hunt his or her land; however, those permits are valid for hunting only on that landowner's land. Requires members of a landowner's immediate family who do not wish to hunt only on land owned by their immediate family member to be charged the same fee as the landowner. Defines "immediate family". Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-04-03 - Rule 19(a) / Re-referred to Rules Committee [HB0674 Detail]

Download: Illinois-2009-HB0674-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB0674 Introduced 02/06/09, by Rep. David Reis SYNOPSIS AS INTRODUCED:
520 ILCS 5/1.2k-1 new
520 ILCS 5/2.26 from Ch. 61, par. 2.26
Amends the Wildlife Code. Requires the Department of Natural Resources to issue deer permits without charge to the immediate family of an Illinois landowner who resides in Illinois, owns at least 40 acres of Illinois land, and wishes to hunt his or her land; however, those permits are valid for hunting only on that landowner's land. Members of a landowner's immediate family who do not wish to hunt only on land owned by their immediate family member shall be charged the same fee as the landowner. Defines "immediate family". Effective immediately.
LRB096 03427 JDS 13451 b
FISCAL NOTE ACT MAY APPLY
A BILL FOR
HB0674 LRB096 03427 JDS 13451 b
AN ACT concerning wildlife.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Wildlife Code is amended by changing Section
2.26 and by adding Section 1.2k-1 as follows:
(520 ILCS 5/1.2k-1 new)
Sec. 1.2k-1. Immediate family. "Immediate family" means a
person's spouse, parent, grandparent, child, grandchild,
brother, sister, mother-in-law, father-in-law, brother-in-law,
sister-in-law, daughter-in-law, or son-in-law. "Immediate
family" includes adopted or step members of a person's family.
(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
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

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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" in accordance with prescribed
regulations set forth in an Administrative Rule. Deer Hunting
Permits shall be issued by the Department. The fee for a Deer
Hunting Permit to take deer with either bow and arrow or gun
shall not exceed $15.00 for residents of the State. The
Department may by administrative rule provide for non-resident

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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,
(a-5) the immediate family of any Illinois landowner
who meets the requirements of item (a) of this Section, for
hunting only on that landowner's land,
(b) resident tenants of at least 40 acres of commercial
agricultural land where they will hunt, and
(c) bona 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;

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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. Members of a
landowner's immediate family who do not wish to hunt only on
land owned by their immediate family member shall be charged
the same fee as the landowner. 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
bona fide equity partner, the permit shall be valid on all
lands owned by the corporation, limited liability company, or

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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 of salt or bait of any kind. 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

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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
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 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.
Any person who violates any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A. 94-10, eff. 6-7-05; 95-289, eff. 8-20-07; 95-329,
eff. 8-21-07; 95-876, eff. 8-21-08.)
Section 99. Effective date. This Act takes effect upon
becoming law.