SB 3003 — WILDLIFE-HUNTER-LANDOWNER

SB3003 EngrossedEnrolled LRB099 20086 MGM 44506 b AN ACT concerning wildlife.

The Wildlife Code is amended by changing Sections 2.112.10, 2.11, and 2.26 and by adding Section 3.1-6 as follows:

(520 ILCS 5/2.11)5/2.10) (from Ch.

2.10) Sec.

2.10.

The Department may, on an annual basis, establish a spring wild turkey open season within the period beginning on March 1 and running through May 31, and a fall wild turkey season within the period beginning on October 1 and running through January 31.

The Department may, on an annual basis, establish a youth-only spring wild turkey season which shall include 2 consecutive weekends.

It shall be unlawful for any person to take wild turkey without possessing a valid "Wild Turkey Hunting Permit".

Persons holding a spring permit may take female wild turkeys with visible beards or male wild turkeys during the spring open season.

Persons holding a fall permit may take turkeys of either sex during the fall open season.

The Department shall cause notice of administrative rules setting forth the prescribed rules and regulations, including those counties of the State where open seasons are established, to be given in accordance with Sections 1.3 and SB3003 Enrolled - 2 - LRB099 20086 MGM 44506 b 1.13.

(Source:

P.A.

89-341, eff.

8-17-95.) (520 ILCS 5/2.11) (from Ch.

61, par.

(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 SB3003 Engrossed - 2 - LRB099 20086 MGM 44506 b 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, SB3003 Enrolled - 3 - LRB099 20086 MGM 44506 b 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;

4, and no person while attempting to so take wild turkey may have in his SB3003 Engrossed - 3 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 4 - LRB099 20086 MGM 44506 b which an open season is established.

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 SB3003 Engrossed - 4 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 5 - LRB099 20086 MGM 44506 b agricultural or soil stabilization practice, food plots, or normal agricultural practices, including planting, harvesting, and maintenance such as cultivating.

In this Section, "bona fide equity member" means an individual who (1) (i) became a member upon the formation of SB3003 Engrossed - 5 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 6 - LRB099 20086 MGM 44506 b Article 30 of the Limited Liability Company Act and who (2) intends to retain the membership for at least 5 years.

The Department may by administrative rule provide for SB3003 Engrossed - 6 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 7 - LRB099 20086 MGM 44506 b 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.

however, the number of permits issued without charge to bona fide equity shareholders of any corporation or bona fide equity members SB3003 Engrossed - 7 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 8 - LRB099 20086 MGM 44506 b 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.

No person may have in his possession any firearm not SB3003 Engrossed - 8 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 9 - LRB099 20086 MGM 44506 b days for which an open season is established for the taking of deer by use of shotgun, handgun, or muzzle loading rifle.

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 SB3003 Engrossed - 9 - LRB099 20086 MGM 44506 b harness.

Persons tracking wounded deer with a dog during SB3003 Enrolled - 10 - LRB099 20086 MGM 44506 b the firearm deer seasons shall wear blaze orange as required.

The Department shall not limit the number of non-resident, SB3003 Engrossed - 10 - LRB099 20086 MGM 44506 b either-sex either sex archery deer hunting permits to less than 20,000.

SB3003 Enrolled - 11 - LRB099 20086 MGM 44506 b 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.

Special deer, turkey, and combination hunting SB3003 Engrossed - 11 - LRB099 20086 MGM 44506 b licenses.

(1) (i) became a member upon the formation of the limited liability company or (ii) has purchased a SB3003 Enrolled - 12 - LRB099 20086 MGM 44506 b 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;

(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 SB3003 Engrossed - 12 - LRB099 20086 MGM 44506 b 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 SB3003 Enrolled - 13 - LRB099 20086 MGM 44506 b ownership;

however, the number of permits issued without charge to bona fide equity SB3003 Engrossed - 13 - LRB099 20086 MGM 44506 b 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, SB3003 Enrolled - 14 - LRB099 20086 MGM 44506 b 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.