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Public Act 104-0059 |
| HB2340 Enrolled | LRB104 09676 BDA 19742 b |
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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 3.1-6 as follows: |
(520 ILCS 5/3.1-6) |
Sec. 3.1-6. Special deer, turkey, and combination hunting |
licenses. |
(a) For the purpose of 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 under Article 30 of the Limited Liability Company |
Act; and |
(2) intends to retain the membership for at least 5 |
years. |
"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 |
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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 this State. |
"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 of |
stock for at least 5 years. |
(b) Landowner Deer, Turkey, and combination permits shall |
be issued without charge to: |
(1) Illinois landowners residing in this State who own |
at least 40 acres of Illinois land and wish to hunt upon |
their land only; |
(2) resident tenants of at least 40 acres of |
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commercial agricultural land where they will hunt; and |
(3) 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 this State 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 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. Nonresidents of |
this State who own at least 40 acres of land and wish to hunt |
on their land only shall be charged a fee set by administrative |
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rule. The method for obtaining these permits shall be |
prescribed by administrative rule. |
(b-5) Landowner Deer permits shall be issued without |
charge to: |
(1) Illinois landowners residing in this State who own |
at least 20 acres of Illinois land that is located in a |
county where the Department has positively identified |
chronic wasting disease cases in the deer herd, and who |
wish to hunt upon their land only; |
(2) resident tenants of at least 20 acres of |
commercial agricultural land that is located in a county |
where the Department has positively identified chronic |
wasting disease cases in the deer herd where they will |
hunt and who wish to hunt upon the land they are tenants of |
only; and |
(3) 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 20 acres of land in a |
county in this State where the Department has positively |
identified chronic wasting disease cases in the deer herd |
and 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 20 acres of land owned by the corporation, |
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company, or partnership in a county; 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. |
Nonresidents of this State who own at least 20 acres of |
land where the Department has positively identified chronic |
wasting disease cases in the deer herd and who 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. |
(c) The deer, turkey, or combination 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 |