SB0914ham001 103RD GENERAL ASSEMBLY

Rep. Michael J. Kelly

Filed: 5/8/2024

10300SB0914ham001 LRB103 03381 BDA 73143 a

AMENDMENT TO SENATE BILL 914

AMENDMENT NO. ______. Amend Senate Bill 914 by replacing everything after the enacting clause with the following:

"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 current income beneficiary" means an individual who, at the time of application for a permit issued pursuant to this Section, is entitled to income (whether income exists or not) from the trust that owns the land the applicant wishes to hunt, with no condition precedent other than the trustee distributing the income, and who is listed by name in the trust documents as an income beneficiary.

"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 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.

"Immediate family member of a landowner, tenant, or a bona fide current income beneficiary" means a person who is the spouse, child, brother, sister, or parent of a landowner, tenant, or bona fide current income beneficiary and who resides permanently on the same property as the landowner, tenant, or bona fide current income beneficiary.

(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 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; .

(4) bona fide current income beneficiaries of a trust that owns 40 acres of Illinois land who wish to hunt only upon the land of the trust and who reside in this State; and

(5) immediate family members of a landowner, tenant, or a bona fide current income beneficiary who wish to hunt only on the land owned by a person or trust under paragraphs (1), (2), or (3) of this subsection (b).

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 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 shall be valid on all lands owned by the corporation, limited liability company, or partnership in the county.

(d) In addition to the permits issued under subsection (b), the Department shall issue deer, turkey, and combination permits to the children of an Illinois resident landowner or the children of a resident bona fide current income beneficiary if:

(1) those children do not reside with the landowner or the bona fide current income beneficiary;

(2) the Illinois resident landowner or resident bona fide current income beneficiary is eligible for deer, turkey, or combination permits under this Section;

(3) the children of the Illinois resident landowner or the resident bona fide current income beneficiary have completed an application for deer, turkey, or combination permits for the children of the Illinois resident landowner or resident bona fide current income beneficiary, and that application includes the child's name, address, date of birth, and any other information as required by administrative rule, and is signed by the child and the Illinois resident landowner or the bona fide current income beneficiary;

(4) a child of the Illinois resident landowner or the resident bona fide current income beneficiary that is listed pursuant to paragraph (3) is eligible to hunt in Illinois and whose hunting privileges are not currently suspended or revoked pursuant to law or administrative rule; and

(5) the fees for permits listed in Section 2.11 and Section 2.26 are paid in full for those permits that are issued pursuant to this subsection (d).

Permits issued pursuant to this subsection shall only be valid on all farmlands which the Illinois resident landowner or the resident bona fide current income beneficiary owns. This subsection (d) shall not apply to the children of resident tenants, 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. Any other requirement, application information, or approval process for a permit issued under this subsection shall be set by the Department by administrative rule.

(Source: P.A. 99-869, eff. 1-1-17.)

Section 99. Effective date. This Act takes effect January 1, 2026.".