Rep. Norine Hammond
Filed: 3/14/2011
 
 


 




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1
AMENDMENT TO HOUSE BILL 2094 




2 AMENDMENT NO. ______. Amend House Bill 2094 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Wildlife Code is amended by changing 
5Sections 2.11 and 2.26 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, 
8he shall first
obtain a "Wild Turkey Hunting Permit" in 
9accordance with the prescribed
regulations set forth in an 
10administrative rule of the Department. The
fee for a Resident 
11Wild Turkey Hunting Permit shall not exceed $15.

12 Upon submitting suitable evidence of legal residence in any 
13other state,
non-residents shall be charged a fee not to exceed 
14$125 for wild
turkey hunting
permits, except as provided below 
15for non-resident land owners.

16 Permits shall be issued without charge to:


 
 
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1  (a) Illinois landowners residing in Illinois who own at 
2 least 40 acres of
Illinois land and wish to hunt on their 
3 land only,


4  (b) resident tenants of at least 40 acres of commercial

5 agricultural land, and


6  (c) bona fide equity shareholders of a corporation,

7 bona fide
equity
members of a limited liability
company, or 
8 bona fide equity partners of a general or limited 
9 partnership
which owns at least 40 acres of land
in a 
10 county in Illinois who wish to hunt on the corporation's, 
11 company's, or partnership's land only.
One permit shall be 
12 issued without charge to one bona fide equity
shareholder, 
13 one bona fide equity member, or one bona fide equity 
14 partner for each 40
acres of land owned by the corporation, 
15 company, or partnership in
a county; however, the number of

16 permits issued without charge to bona fide equity 
17 shareholders of any
corporation or bona fide equity members

18 of a limited
liability company in any
county shall not 
19 exceed 15, and shall not exceed 3 in the case of bona fide 
20 equity partners of a partnership.

21 The turkey hunting permit issued without fee shall be valid 
22on all lands
upon which the person to whom it is issued owns, 
23leases or rents, except
that in the case of a permit issued 
24without charge to a shareholder of a
corporation, the permit 
25shall be valid on all lands owned by the
corporation in the 
26county.

 
 
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1 The Department may by administrative rule allocate and 
2issue non-resident
Wild Turkey Permits and establish fees for 
3such permits.

4 It shall be unlawful to take wild turkey except by use of a 
5bow and arrow
or a shotgun of not larger than 10 nor smaller 
6than 20 gauge with shot
size not larger than No. 4, and no 
7person while attempting to so take
wild turkey may have in his 
8possession any other gun.

9 It shall be unlawful to take, or attempt to take wild 
10turkey except
during the time from 1/2 hour before sunrise to 
111/2 hour after sunset or during
such lesser period of time as 
12may be specified by administrative rule,
during those days for 
13which an open season is established.

14 It shall be unlawful for any person to take, or attempt to 
15take, wild
turkey by use of dogs, horses, automobiles, aircraft 
16or other vehicles,
or conveyances, or by the use or aid of bait 
17or baiting of any kind. For the purposes of this Section, 
18"bait" means any material, whether liquid or solid, including 
19food, salt, minerals, and other products that can be ingested, 
20placed, or scattered in such a manner as to attract or lure 
21wild turkeys. "Baiting" means the placement or scattering of 
22bait to attract wild turkeys. An area is considered as baited 
23during the presence of and for 10 consecutive days following 
24the removal of the bait. 

25 It is unlawful for any person to take in Illinois or have 
26in his possession
more than one wild turkey per valid permit.
 
 
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1 For purposes of this Section "bona fide equity 
2shareholder", "bona fide equity member", and "bona fide equity 
3partner" shall have the same meaning as provided in Section 
42.26 of this Act.


5 For the purposes of calculating acreage under this Section, 
6the Department shall, after determining the total acreage of 
7the applicable tract or tracts of land, round remaining 
8fractional portions of an acre greater than or equal to half of 
9an acre up to the next whole acre. 
10 For the purposes of taking wild turkey, nothing in this 
11Section shall be construed to prevent the manipulation, 
12including mowing or cutting, of standing crops as a normal 
13agricultural or soil stabilization practice, food plots, or 
14normal agricultural practices, including planting, harvesting, 
15and maintenance such as cultivating. Such manipulation for the 
16purpose of taking wild turkey may be further modified by 
17administrative rule. 
18(Source: P.A. 96-162, eff. 1-1-10.)





19 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)


20 Sec. 2.26. Deer hunting permits. In this Section,
"bona 
21fide equity shareholder" means an individual who (1) purchased, 
22for
market price, publicly sold stock shares in a corporation,

23purchased shares of a privately-held corporation for a value

24equal to the percentage of the appraised value of the corporate 
25assets
represented by the ownership in the corporation, or is a 
 
 
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1member of a
closely-held family-owned corporation and has 
2purchased or been gifted with
shares of stock in the 
3corporation accurately reflecting his or her
percentage of 
4ownership and (2) intends to retain the ownership of the
shares 
5of stock for at least 5 years.

6 In this Section, "bona fide equity member" means an 
7individual who (1) (i)
became a member
upon
the formation of 
8the limited liability company or (ii) has purchased a

9distributional interest in a limited liability company for a 
10value equal to the
percentage of the appraised value of the LLC 
11assets represented by the
distributional interest in the LLC 
12and subsequently becomes a member of the
company
pursuant to 
13Article 30 of the Limited Liability Company Act and who (2)

14intends to retain the membership for at least 5 years.

15 In this Section, "bona fide equity partner" means an 
16individual who (1) (i) became a partner, either general or 
17limited, upon the formation of a partnership or limited 
18partnership, or (ii) has purchased, acquired, or been gifted a 
19partnership interest accurately representing his or her 
20percentage distributional interest in the profits, losses, and 
21assets of a partnership or limited partnership, (2) intends to 
22retain ownership of the partnership interest for at least 5 
23years, and (3) is a resident of Illinois.

24 Any person attempting to take deer shall first obtain a 
25"Deer
Hunting Permit" issued by the Department in accordance 
26with its administrative rules.
Those rules must provide for the 
 
 
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1issuance of the following types of resident deer archery 
2permits: (i) a combination permit, consisting of one either-sex 
3permit and one antlerless-only permit, (ii) a single 
4antlerless-only permit, and (iii) a single either-sex permit. 
5The fee for a Deer Hunting Permit to take deer with either bow 
6and arrow or gun
shall not exceed $25.00 for residents of the 
7State. The Department may by
administrative rule provide for 
8non-resident deer hunting permits for which the
fee will not 
9exceed $300 in 2005, $350 in 2006, and $400 in 2007 and 
10thereafter except as provided below for non-resident 
11landowners
and non-resident archery hunters. The Department 
12may by
administrative rule provide for a non-resident archery 
13deer permit consisting
of not more than 2 harvest tags at a 
14total cost not to exceed $325 in 2005, $375 in 2006, and $425 
15in 2007 and thereafter.
Permits shall be issued without charge 
16to:


17  (a) Illinois landowners residing in Illinois who own at 
18 least 40 acres of
Illinois land and wish to hunt their land 
19 only,


20  (b) resident tenants of at least 40 acres of commercial 
21 agricultural land
where they will hunt, and


22  (c) Bona fide equity shareholders of a corporation,

23 bona fide
equity
members of a limited liability
company, or 
24 bona fide equity partners of a general or limited 
25 partnership
which owns at least 40 acres of land
in a 
26 county in Illinois who wish to hunt on the corporation's, 
 
 
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1 company's, or partnership's land only.
One permit shall be 
2 issued without charge to one bona fide equity
shareholder, 
3 one bona fide equity member, or one bona fide equity 
4 partner for each 40
acres of land owned by the corporation, 
5 company, or partnership in
a county; however, the number of

6 permits issued without charge to bona fide equity 
7 shareholders of any
corporation or bona fide equity members

8 of a limited
liability company in any
county shall not 
9 exceed 15, and shall not exceed 3 in the case of bona fide 
10 equity partners of a partnership.

11 Bona fide landowners or tenants who do not wish to hunt 
12only on the land
they own, rent, or lease or bona fide equity 
13shareholders, bona fide
equity
members, or bona fide equity 
14partners who do not wish to hunt
only on the
land owned by the 
15corporation, limited liability company, or partnership
shall 
16be
charged the same fee as the
applicant who is not a 
17landowner, tenant, bona fide equity
shareholder,
bona fide 
18equity member, or bona fide equity partner. Nonresidents
of

19Illinois who own at least 40 acres of land and wish to hunt on 
20their land only
shall be charged a fee set by administrative 
21rule. The method for
obtaining these permits shall be 
22prescribed by administrative rule.

23 The deer hunting permit issued without fee shall be valid 
24on
all farm lands which the person to whom it is issued owns, 
25leases or rents,
except that in the case of a permit issued to 
26a bona fide equity
shareholder, bona fide equity member, or 
 
 
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1bona fide equity partner, the
permit shall
be valid on all 
2lands owned by the corporation, limited liability
company, or 
3partnership in the county.

4 The standards and specifications for use of guns and bow 
5and arrow for
deer hunting shall be established by 
6administrative rule.

7 No person may have in his possession any firearm not 
8authorized by
administrative rule for a specific hunting season 
9when taking deer.

10 Persons having a firearm deer hunting permit shall be 
11permitted to
take deer only during the period from 1/2 hour 
12before sunrise to
1/2 hour after sunset, and only during those 
13days for which an open season is
established for the taking of 
14deer by use of shotgun, handgun, or muzzle
loading
rifle.

15 Persons having an archery deer hunting permit shall be 
16permitted to
take deer only during the period from 1/2 hour 
17before sunrise to 1/2 hour
after sunset, and only during those 
18days for which an open season is
established for the taking of 
19deer by use of bow and arrow.

20 It shall be unlawful for any person to take deer by use of 
21dogs,
horses, automobiles, aircraft or other vehicles, or by 
22the use of salt
or aid of bait or baiting of any kind. For the 
23purposes of this Section, "bait" means any material, whether 
24liquid or solid, including food, salt, minerals, and other 
25products that can be ingested, placed, or scattered in such a 
26manner as to attract or lure white-tailed deer. "Baiting" means 
 
 
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1the placement or scattering of bait to attract wild turkeys. An 
2area is considered as baited during the presence of and for 10 
3consecutive days following the removal of the bait. An area is 
4considered as baited during the presence
of and for 10 
5consecutive days following the removal of bait. Nothing in this 
6Section shall prohibit the use of a dog to track wounded deer. 
7Any person using a dog for tracking wounded deer must maintain 
8physical control of the dog at all times by means of a maximum 
950 foot lead attached to the dog's collar or harness. Tracking 
10wounded deer is permissible at night, but at no time outside of 
11legal deer hunting hours or seasons shall any person handling 
12or accompanying a dog being used for tracking wounded deer be 
13in possession of any firearm or archery device. Persons 
14tracking wounded deer with a dog during the firearm deer 
15seasons shall wear blaze orange as required. Dog handlers 
16tracking wounded deer with a dog are exempt from hunting 
17license and deer permit requirements so long as they are 
18accompanied by the licensed deer hunter who wounded the deer.

19 It shall be unlawful to possess or transport any wild deer 
20which has
been injured or killed in any manner upon a public 
21highway or public
right-of-way of this State unless exempted by 
22administrative rule.

23 Persons hunting deer must have gun unloaded and no bow and 
24arrow
device shall be carried with the arrow in the nocked 
25position during
hours when deer hunting is unlawful.

26 It shall be unlawful for any person, having taken the legal 
 
 
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1limit of
deer by gun, to further participate with gun in any 
2deer hunting party.

3 It shall be unlawful for any person, having taken the legal 
4limit
of deer by bow and arrow, to further participate with bow 
5and arrow in any
deer hunting party.

6 The Department may prohibit upland game hunting during the 
7gun deer
season by administrative rule.

8 The Department shall not limit the number of non-resident 
9either sex archery deer hunting permits to less than 20,000.

10 It shall be legal for handicapped persons, as defined in 
11Section 2.33, and persons age 62 or older to
utilize a crossbow 
12device, as defined in Department rules, to take deer.

13 Any person who violates any of the provisions of this 
14Section,
including administrative rules, shall be guilty of a 
15Class B misdemeanor.

16 For the purposes of calculating acreage under this Section, 
17the Department shall, after determining the total acreage of 
18the applicable tract or tracts of land, round remaining 
19fractional portions of an acre greater than or equal to half of 
20an acre up to the next whole acre. 
21 For the purposes of taking white-tailed deer, nothing in 
22this Section shall be construed to prevent the manipulation, 
23including mowing or cutting, of standing crops as a normal 
24agricultural or soil stabilization practice, food plots, or 
25normal agricultural practices, including planting, harvesting, 
26and maintenance such as cultivating or the use of products 
 
 
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1designed for scent only and not capable of ingestion, solid or 
2liquid, placed or scattered, in such a manner as to attract or 
3lure deer. Such manipulation for the purpose of taking 
4white-tailed deer may be further modified by administrative 
5rule. 
6(Source: P.A. 95-289, eff. 8-20-07; 95-329, eff. 8-21-07; 
795-876, eff. 8-21-08; 96-162, eff. 1-1-10; 96-831, eff. 1-1-10; 
896-1042, eff. 1-1-11.)".