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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
SB3254 Introduced 2/14/2014, by Sen. Tim Bivins SYNOPSIS AS INTRODUCED:
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520 ILCS 5/2.26 | from Ch. 61, par. 2.26 |
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Amends the Wildlife Code. Provides that a person with a valid concealed carry license issued under the Firearm Concealed Carry Act, or an off-duty law enforcement official or officer, may carry a handgun on or about his or her person while hunting. Effective immediately.
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| | A BILL FOR |
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| | SB3254 | | LRB098 18997 MGM 54146 b |
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| 1 | | AN ACT concerning wildlife.
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| 2 | | Be it enacted by the People of the State of Illinois,
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| 3 | | represented in the General Assembly:
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| 4 | | Section 5. The Wildlife Code is amended by changing Section |
| 5 | | 2.26 as follows:
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| 6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
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| 7 | | Sec. 2.26. Deer hunting permits. In this Section,
"bona |
| 8 | | fide equity shareholder" means an individual who (1) purchased, |
| 9 | | for
market price, publicly sold stock shares in a corporation,
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| 10 | | purchased shares of a privately-held corporation for a value
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| 11 | | equal to the percentage of the appraised value of the corporate |
| 12 | | assets
represented by the ownership in the corporation, or is a |
| 13 | | member of a
closely-held family-owned corporation and has |
| 14 | | purchased or been gifted with
shares of stock in the |
| 15 | | corporation accurately reflecting his or her
percentage of |
| 16 | | ownership and (2) intends to retain the ownership of the
shares |
| 17 | | of stock for at least 5 years.
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| 18 | | In this Section, "bona fide equity member" means an |
| 19 | | individual who (1) (i)
became a member
upon
the formation of |
| 20 | | the limited liability company or (ii) has purchased a
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| 21 | | distributional interest in a limited liability company for a |
| 22 | | value equal to the
percentage of the appraised value of the LLC |
| 23 | | assets represented by the
distributional interest in the LLC |
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| 1 | | and subsequently becomes a member of the
company
pursuant to |
| 2 | | Article 30 of the Limited Liability Company Act and who (2)
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| 3 | | intends to retain the membership for at least 5 years.
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| 4 | | In this Section, "bona fide equity partner" means an |
| 5 | | individual who (1) (i) became a partner, either general or |
| 6 | | limited, upon the formation of a partnership or limited |
| 7 | | partnership, or (ii) has purchased, acquired, or been gifted a |
| 8 | | partnership interest accurately representing his or her |
| 9 | | percentage distributional interest in the profits, losses, and |
| 10 | | assets of a partnership or limited partnership, (2) intends to |
| 11 | | retain ownership of the partnership interest for at least 5 |
| 12 | | years, and (3) is a resident of Illinois.
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| 13 | | Any person attempting to take deer shall first obtain a |
| 14 | | "Deer
Hunting Permit" issued by the Department in accordance |
| 15 | | with its administrative rules.
Those rules must provide for the |
| 16 | | issuance of the following types of resident deer archery |
| 17 | | permits: (i) a combination permit, consisting of one either-sex |
| 18 | | permit and one antlerless-only permit, (ii) a single |
| 19 | | antlerless-only permit, and (iii) a single either-sex permit. |
| 20 | | The fee for a Deer Hunting Permit to take deer with either bow |
| 21 | | and arrow or gun
shall not exceed $25.00 for residents of the |
| 22 | | State. The Department may by
administrative rule provide for |
| 23 | | non-resident deer hunting permits for which the
fee will not |
| 24 | | exceed $300 in 2005, $350 in 2006, and $400 in 2007 and |
| 25 | | thereafter except as provided below for non-resident |
| 26 | | landowners
and non-resident archery hunters. The Department |
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| 1 | | may by
administrative rule provide for a non-resident archery |
| 2 | | deer permit consisting
of not more than 2 harvest tags at a |
| 3 | | total cost not to exceed $325 in 2005, $375 in 2006, and $425 |
| 4 | | in 2007 and thereafter.
Permits shall be issued without charge |
| 5 | | to:
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| 6 | | (a) Illinois landowners residing in Illinois who own at |
| 7 | | least 40 acres of
Illinois land and wish to hunt their land |
| 8 | | only,
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| 9 | | (b) resident tenants of at least 40 acres of commercial |
| 10 | | agricultural land
where they will hunt, and
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| 11 | | (c) Bona fide equity shareholders of a corporation,
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| 12 | | bona fide
equity
members of a limited liability
company, or |
| 13 | | bona fide equity partners of a general or limited |
| 14 | | partnership
which owns at least 40 acres of land
in a |
| 15 | | county in Illinois who wish to hunt on the corporation's, |
| 16 | | company's, or partnership's land only.
One permit shall be |
| 17 | | issued without charge to one bona fide equity
shareholder, |
| 18 | | one bona fide equity member, or one bona fide equity |
| 19 | | partner for each 40
acres of land owned by the corporation, |
| 20 | | company, or partnership in
a county; however, the number of
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| 21 | | permits issued without charge to bona fide equity |
| 22 | | shareholders of any
corporation or bona fide equity members
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| 23 | | of a limited
liability company in any
county shall not |
| 24 | | exceed 15, and shall not exceed 3 in the case of bona fide |
| 25 | | equity partners of a partnership.
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| 26 | | Bona fide landowners or tenants who do not wish to hunt |
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| 1 | | only on the land
they own, rent, or lease or bona fide equity |
| 2 | | shareholders, bona fide
equity
members, or bona fide equity |
| 3 | | partners who do not wish to hunt
only on the
land owned by the |
| 4 | | corporation, limited liability company, or partnership
shall |
| 5 | | be
charged the same fee as the
applicant who is not a |
| 6 | | landowner, tenant, bona fide equity
shareholder,
bona fide |
| 7 | | equity member, or bona fide equity partner. Nonresidents
of
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| 8 | | Illinois who own at least 40 acres of land and wish to hunt on |
| 9 | | their land only
shall be charged a fee set by administrative |
| 10 | | rule. The method for
obtaining these permits shall be |
| 11 | | prescribed by administrative rule.
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| 12 | | The deer hunting permit issued without fee shall be valid |
| 13 | | on
all farm lands which the person to whom it is issued owns, |
| 14 | | leases or rents,
except that in the case of a permit issued to |
| 15 | | a bona fide equity
shareholder, bona fide equity member, or |
| 16 | | bona fide equity partner, the
permit shall
be valid on all |
| 17 | | lands owned by the corporation, limited liability
company, or |
| 18 | | partnership in the county.
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| 19 | | The standards and specifications for use of guns and bow |
| 20 | | and arrow for
deer hunting shall be established by |
| 21 | | administrative rule.
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| 22 | | No person may have in his or her possession any firearm not |
| 23 | | authorized by
administrative rule for a specific hunting season |
| 24 | | when taking deer. However, a person with a valid concealed |
| 25 | | carry license issued under the Firearm Concealed Carry Act, or |
| 26 | | an off-duty law enforcement official or officer, may carry a |
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| 1 | | handgun on or about his or her person while hunting.
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| 2 | | Persons having a firearm deer hunting permit shall be |
| 3 | | permitted to
take deer only during the period from 1/2 hour |
| 4 | | before sunrise to
1/2 hour after sunset, and only during those |
| 5 | | days for which an open season is
established for the taking of |
| 6 | | deer by use of shotgun, handgun, or muzzle
loading
rifle.
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| 7 | | Persons having an archery deer hunting permit shall be |
| 8 | | permitted to
take deer only during the period from 1/2 hour |
| 9 | | before sunrise to 1/2 hour
after sunset, and only during those |
| 10 | | days for which an open season is
established for the taking of |
| 11 | | deer by use of bow and arrow.
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| 12 | | It shall be unlawful for any person to take deer by use of |
| 13 | | dogs,
horses, automobiles, aircraft or other vehicles, or by |
| 14 | | the use
or aid of bait or baiting of any kind. For the purposes |
| 15 | | of this Section, "bait" means any material, whether liquid or |
| 16 | | solid, including food, salt, minerals, and other products, |
| 17 | | except pure water, that can be ingested, placed, or scattered |
| 18 | | in such a manner as to attract or lure white-tailed deer. |
| 19 | | "Baiting" means the placement or scattering of bait to attract |
| 20 | | deer. An area is considered as baited during the presence
of |
| 21 | | and for 10 consecutive days following the removal of bait. |
| 22 | | Nothing in this Section shall prohibit the use of a dog to |
| 23 | | track wounded deer. Any person using a dog for tracking wounded |
| 24 | | deer must maintain physical control of the dog at all times by |
| 25 | | means of a maximum 50 foot lead attached to the dog's collar or |
| 26 | | harness. Tracking wounded deer is permissible at night, but at |
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| 1 | | no time outside of legal deer hunting hours or seasons shall |
| 2 | | any person handling or accompanying a dog being used for |
| 3 | | tracking wounded deer be in possession of any firearm or |
| 4 | | archery device. Persons tracking wounded deer with a dog during |
| 5 | | the firearm deer seasons shall wear blaze orange as required. |
| 6 | | Dog handlers tracking wounded deer with a dog are exempt from |
| 7 | | hunting license and deer permit requirements so long as they |
| 8 | | are accompanied by the licensed deer hunter who wounded the |
| 9 | | deer.
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| 10 | | It shall be unlawful to possess or transport any wild deer |
| 11 | | which has
been injured or killed in any manner upon a public |
| 12 | | highway or public
right-of-way of this State unless exempted by |
| 13 | | administrative rule.
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| 14 | | Persons hunting deer must have gun unloaded and no bow and |
| 15 | | arrow
device shall be carried with the arrow in the nocked |
| 16 | | position during
hours when deer hunting is unlawful.
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| 17 | | It shall be unlawful for any person, having taken the legal |
| 18 | | limit of
deer by gun, to further participate with gun in any |
| 19 | | deer hunting party.
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| 20 | | It shall be unlawful for any person, having taken the legal |
| 21 | | limit
of deer by bow and arrow, to further participate with bow |
| 22 | | and arrow in any
deer hunting party.
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| 23 | | The Department may prohibit upland game hunting during the |
| 24 | | gun deer
season by administrative rule.
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| 25 | | The Department shall not limit the number of non-resident |
| 26 | | either sex archery deer hunting permits to less than 20,000.
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| 1 | | Any person who violates any of the provisions of this |
| 2 | | Section,
including administrative rules, shall be guilty of a |
| 3 | | Class B misdemeanor.
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| 4 | | For the purposes of calculating acreage under this Section, |
| 5 | | the Department shall, after determining the total acreage of |
| 6 | | the applicable tract or tracts of land, round remaining |
| 7 | | fractional portions of an acre greater than or equal to half of |
| 8 | | an acre up to the next whole acre. |
| 9 | | For the purposes of taking white-tailed deer, nothing in |
| 10 | | this Section shall be construed to prevent the manipulation, |
| 11 | | including mowing or cutting, of standing crops as a normal |
| 12 | | agricultural or soil stabilization practice, food plots, or |
| 13 | | normal agricultural practices, including planting, harvesting, |
| 14 | | and maintenance such as cultivating or the use of products |
| 15 | | designed for scent only and not capable of ingestion, solid or |
| 16 | | liquid, placed or scattered, in such a manner as to attract or |
| 17 | | lure deer. Such manipulation for the purpose of taking |
| 18 | | white-tailed deer may be further modified by administrative |
| 19 | | rule. |
| 20 | | (Source: P.A. 97-564, eff. 8-25-11; 97-907, eff. 8-7-12; |
| 21 | | 98-180, eff. 8-5-13.)
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| 22 | | Section 99. Effective date. This Act takes effect upon |
| 23 | | becoming law.
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