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Sen. Patrick J. Joyce
Filed: 4/25/2025
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1 | | AMENDMENT TO SENATE BILL 710
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2 | | AMENDMENT NO. ______. Amend Senate Bill 710 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Wildlife Code is amended by changing |
5 | | Sections 2.26, 2.37, and 3.1-6 as follows:
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6 | | (520 ILCS 5/2.26) (from Ch. 61, par. 2.26) |
7 | | Sec. 2.26. Deer hunting permits. Any person attempting to |
8 | | take deer shall first obtain a "Deer Hunting Permit" issued by |
9 | | the Department in accordance with its administrative rules. |
10 | | Those rules must provide for the issuance of the following |
11 | | types of resident deer archery permits: (i) a combination |
12 | | permit, consisting of one either-sex permit and one |
13 | | antlerless-only permit, (ii) a single antlerless-only permit, |
14 | | and (iii) a single either-sex permit. The fee for a Deer |
15 | | Hunting Permit to take deer with either bow and arrow or gun |
16 | | shall not exceed $25 for residents of the State. The |
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1 | | Department may by administrative rule provide for non-resident |
2 | | deer hunting permits for which the fee will not exceed $300 in |
3 | | 2005, $350 in 2006, and $400 in 2007 and thereafter except as |
4 | | provided below for non-resident landowners and non-resident |
5 | | archery hunters. The Department may by administrative rule |
6 | | provide for a non-resident archery deer permit consisting of |
7 | | not more than 2 harvest tags at a total cost not to exceed $325 |
8 | | in 2005, $375 in 2006, and $425 in 2007 and thereafter. The |
9 | | fees for a youth resident and non-resident archery deer permit |
10 | | shall be the same. |
11 | | The Department shall create a pilot program during the |
12 | | special 3-day, youth-only deer hunting season to allow for |
13 | | youth deer hunting permits that are valid statewide, excluding |
14 | | those counties or portions of counties closed to firearm deer |
15 | | hunting. The Department shall adopt rules to implement the |
16 | | pilot program. Hunters qualifying to participate in a |
17 | | youth-only deer season shall be eligible for one either-sex |
18 | | permit and one antlerless-only permit. Nothing in this |
19 | | paragraph shall be construed to prohibit the Department from |
20 | | issuing Special Hunt Area Permits for the youth-only deer |
21 | | hunting season or establishing, through administrative rule, |
22 | | additional requirements pertaining to the youth-only deer |
23 | | hunting season on Department-owned or Department-managed |
24 | | sites, including site-specific quotas or drawings. The |
25 | | provisions of this paragraph are inoperative on and after |
26 | | January 1, 2023. |
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1 | | The standards and specifications for use of guns and bow |
2 | | and arrow for deer hunting shall be established by |
3 | | administrative rule. |
4 | | No person may have in his or her possession any firearm not |
5 | | authorized by administrative rule for a specific hunting |
6 | | season when taking deer unless in accordance with the Firearm |
7 | | Concealed Carry Act. |
8 | | Persons having a firearm deer hunting permit shall be |
9 | | permitted to take deer only during the period from 1/2 hour |
10 | | before sunrise to 1/2 hour after sunset, and only during those |
11 | | days for which an open season is established for the taking of |
12 | | deer by use of shotgun, handgun, rifle, or muzzle loading |
13 | | rifle. |
14 | | Persons having an archery deer hunting permit shall be |
15 | | permitted to take deer only during the period from 1/2 hour |
16 | | before sunrise to 1/2 hour after sunset, and only during those |
17 | | days for which an open season is established for the taking of |
18 | | deer by use of bow and arrow. |
19 | | It shall be unlawful for any person to take deer by use of |
20 | | dogs, horses, automobiles, aircraft , or other vehicles, or by |
21 | | the use or aid of bait or baiting of any kind. For the purposes |
22 | | of this Section, "bait" means any material, whether liquid or |
23 | | solid, including food, salt, minerals, and other products, |
24 | | except pure water, that can be ingested, placed, or scattered |
25 | | in such a manner as to attract or lure white-tailed deer. |
26 | | "Baiting" means the placement or scattering of bait to attract |
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1 | | deer. An area is considered as baited during the presence of |
2 | | and for 10 consecutive days following the removal of bait. |
3 | | Nothing in this Section shall prohibit the use of a dog to |
4 | | track wounded deer. Any person using a dog for tracking |
5 | | wounded deer must maintain physical control of the dog at all |
6 | | times by means of a maximum 50-foot 50 foot lead attached to |
7 | | the dog's collar or harness. Tracking wounded deer is |
8 | | permissible at night, but at no time outside of legal deer |
9 | | hunting hours or seasons shall any person handling or |
10 | | accompanying a dog being used for tracking wounded deer be in |
11 | | possession of any firearm or archery device. Persons tracking |
12 | | wounded deer with a dog during the firearm deer seasons shall |
13 | | wear blaze orange or solid blaze pink color as required. Dog |
14 | | handlers tracking wounded deer with a dog are exempt from |
15 | | hunting license and deer permit requirements so long as they |
16 | | are accompanied by the licensed deer hunter who wounded the |
17 | | deer. |
18 | | It shall be unlawful to possess or transport any wild deer |
19 | | which has been injured or killed in any manner upon a public |
20 | | highway or public right-of-way of this State unless exempted |
21 | | by administrative rule. |
22 | | Persons hunting deer must have the gun unloaded and no bow |
23 | | and arrow device shall be carried with the arrow in the nocked |
24 | | position during hours when deer hunting is unlawful. |
25 | | It shall be unlawful for any person, having taken the |
26 | | legal limit of deer by gun, to further participate with a gun |
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1 | | in any deer hunting party. |
2 | | It shall be unlawful for any person, having taken the |
3 | | legal limit of deer by bow and arrow, to further participate |
4 | | with bow and arrow in any deer hunting party. |
5 | | The Department may prohibit upland game hunting during the |
6 | | gun deer season by administrative rule. |
7 | | The Department shall not limit the number of non-resident, |
8 | | either-sex archery deer hunting permits to less than 20,000. |
9 | | Any person who violates any of the provisions of this |
10 | | Section, including administrative rules, shall be guilty of a |
11 | | Class B misdemeanor. |
12 | | For the purposes of calculating acreage under this |
13 | | Section, the Department shall, after determining the total |
14 | | acreage of the applicable tract or tracts of land, round |
15 | | remaining fractional portions of an acre greater than or equal |
16 | | to half of an acre up to the next whole acre. |
17 | | For the purposes of taking white-tailed deer, nothing in |
18 | | this Section shall be construed to prevent the manipulation, |
19 | | including mowing or cutting, of standing crops as a normal |
20 | | agricultural or soil stabilization practice, food plots, or |
21 | | normal agricultural practices, including planting, harvesting, |
22 | | and maintenance such as cultivating or the use of products |
23 | | designed for scent only and not capable of ingestion, solid or |
24 | | liquid, placed or scattered, in such a manner as to attract or |
25 | | lure deer. Such manipulation for the purpose of taking |
26 | | white-tailed deer may be further modified by administrative |
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1 | | rule. |
2 | | (Source: P.A. 101-81, eff. 7-12-19; 101-444, eff. 6-1-20; |
3 | | 102-237, eff. 1-1-22; 102-932, eff. 1-1-23; revised 10-23-24.)
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4 | | (520 ILCS 5/2.37) (from Ch. 61, par. 2.37) |
5 | | Sec. 2.37. Authority to kill wildlife responsible for |
6 | | damage. |
7 | | (a) Subject to federal regulations and Section 3 of the |
8 | | Illinois Endangered Species Protection Act, the Department may |
9 | | authorize owners and tenants of lands or their agents, who are |
10 | | performing the service without fee or compensation, to remove |
11 | | or destroy any wild bird or wild mammal when the wild bird or |
12 | | wild mammal is known to be destroying property or causing a |
13 | | risk to human health or safety upon his or her land. |
14 | | Upon receipt by the Department of information from the |
15 | | owner, tenant, or sharecropper that any one or more species of |
16 | | wildlife is damaging dams, levees, ditches, cattle pastures, |
17 | | or other property on the land on which he resides or controls, |
18 | | together with a statement regarding location of the property |
19 | | damages, the nature and extent of the damage, and the |
20 | | particular species of wildlife committing the damage, the |
21 | | Department shall make an investigation. |
22 | | If, after investigation, the Department finds that damage |
23 | | or risk to human safety does exist and can be abated only by |
24 | | removing or destroying that wildlife, a permit shall be issued |
25 | | by the Department to remove or destroy the species responsible |
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1 | | for causing the damage. |
2 | | A permit to control the damage shall be for a period set by |
3 | | administrative rule of up to 90 days , shall specify the means |
4 | | and methods by which and the person or persons by whom the |
5 | | wildlife may be removed or destroyed, without fee or |
6 | | compensation for the initial permits issued to a landowner or |
7 | | tenant , and shall set forth the disposition procedure to be |
8 | | made of all wildlife taken and other restrictions the Director |
9 | | considers necessary and appropriate in the circumstances of |
10 | | the particular case. Whenever possible, the specimens |
11 | | destroyed shall be given to a bona fide public or State |
12 | | scientific, educational, or zoological institution. |
13 | | The permittee shall advise the Department in writing, as |
14 | | set by administrative rule within 10 days after the expiration |
15 | | date of the permit , of the number of individual species of |
16 | | wildlife taken, disposition made of them, and any other |
17 | | information which the Department may consider necessary. |
18 | | The Department shall adopt rules establishing: (i) |
19 | | procedures and criteria for issuance; (ii) timeline for |
20 | | issuance of permits; (iii) method of take; (iv) disposition of |
21 | | remains; (v) reporting; (vi) evaluation of damage; (vii) cost; |
22 | | (viii) suspension or revocation of permits; (ix) denial of |
23 | | permits; and (x) renewal of permits issued under this Section. |
24 | | The Department shall adopt rules that allow landowners to have |
25 | | other individuals, that meet all requirements set forth in |
26 | | this Act, destroy deer authorized under permits issued to that |
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1 | | landowner under this Section. The Department shall adopt rules |
2 | | allowing the automatic issuance of additional antlerless-only |
3 | | permits during the regular firearm or archery season of that |
4 | | year if a landowner demonstrates proof of successfully |
5 | | harvesting 50% of the permits issued from a permit issued |
6 | | under this Section to destroy deer in that same calendar year. |
7 | | The Department shall adopt rules allowing the automatic |
8 | | eligibility for additional permits to be issued in the |
9 | | following calendar year for use between June 1 through |
10 | | September 15 if a landowner demonstrates proof of harvesting |
11 | | 80% of the permits that were issued under this Section that |
12 | | were issued to the landowner for the previous year's regular |
13 | | firearm and archery deer hunting seasons. |
14 | | (b) Subject to federal regulations and Section 3 of the |
15 | | Illinois Endangered Species Protection Act, the Department may |
16 | | grant the authority to control species protected by this Code |
17 | | pursuant to the issuance of a Nuisance Wildlife Control Permit |
18 | | to: |
19 | | (1) any person who is providing such service or |
20 | | solicits customers for themselves or on behalf of a |
21 | | nuisance wildlife control permit holder for a fee or |
22 | | compensation; |
23 | | (2) a governmental body; or |
24 | | (3) a nonprofit or other charitable organization. |
25 | | The Department shall set forth applicable regulations in |
26 | | an Administrative rule Order and may require periodic reports |
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1 | | listing species taken, numbers of each species taken, dates |
2 | | when taken, and other pertinent information. |
3 | | Any person operating under a Nuisance Wildlife Control |
4 | | Permit who subcontracts the operation of nuisance wildlife |
5 | | control to another shall ensure that such subcontractor |
6 | | possesses a valid Nuisance Wildlife Control Permit issued by |
7 | | the Department. The person must maintain a record of the |
8 | | subcontractor including the subcontractor's name, address, and |
9 | | phone number, and type of work to be performed, for a period of |
10 | | not less than 2 years from the date the subcontractor is no |
11 | | longer performing services on behalf of the person. The |
12 | | records shall be presented to an authorized employee of the |
13 | | Department or law enforcement officer upon request for |
14 | | inspection. |
15 | | Any person operating without the required permit as |
16 | | outlined under this subsection (b) or in violation of this |
17 | | subsection (b) is deemed to be taking, attempting to take, |
18 | | disturbing, or harassing wildlife contrary to the provisions |
19 | | of this Code, including the taking or attempting to take such |
20 | | species for commercial purposes as outlined in Sections 2.36 |
21 | | and 2.36a of this Code. Any devices and equipment, including |
22 | | vehicles, used in violation of this subsection (b) may be |
23 | | subject to the provisions of Section 1.25 of this Code. |
24 | | Any person properly permitted and operating under the |
25 | | provisions of this subsection is exempt from the provisions of |
26 | | this Act except as limited by administrative rule adopted by |
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1 | | the Department. |
2 | | (c) The location of traps or snares authorized under this |
3 | | Section, either by the Department or any other governmental |
4 | | body with the authority to control species protected by this |
5 | | Code, shall be exempt from the provisions of the Freedom of |
6 | | Information Act. |
7 | | (d) A drainage district or road district or the designee |
8 | | of a drainage district or road district shall be exempt from |
9 | | the requirement to obtain a permit to control nuisance |
10 | | muskrats or beavers if all applicable provisions for licenses |
11 | | are complied with and any trap types and sizes used are in |
12 | | compliance with this Code, including marking or |
13 | | identification. The designee of a drainage district or road |
14 | | district must have a signed and dated written authorization |
15 | | from the drainage district or road district in possession at |
16 | | all times when conducting activities under this Section. This |
17 | | exemption from obtaining a permit shall be valid only upon |
18 | | property owned, leased, or controlled by the drainage district |
19 | | or road district. For the purposes of this Section, "road |
20 | | district" includes a township road district. |
21 | | (e) The Department shall make available on its website the |
22 | | current and relevant information, criteria, and directions to |
23 | | the public for permits issued under this Section. |
24 | | (Source: P.A. 102-524, eff. 8-20-21; 103-37, eff. 6-9-23; |
25 | | 103-225, eff. 6-30-23; 103-605, eff. 7-1-24; 103-611, eff. |
26 | | 1-1-25 .)
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1 | | (520 ILCS 5/3.1-6) |
2 | | Sec. 3.1-6. Landowner or tenant Special deer and , turkey , |
3 | | and combination hunting permits licenses . |
4 | | (a) For the purpose of this Section: |
5 | | "Bona fide current income beneficiary" means an individual |
6 | | who, at the time of application for a permit, is: |
7 | | (1) entitled to income, whether income exists or not, |
8 | | from the trust that owns Illinois land on which the |
9 | | applicant wishes to hunt with no condition precedent, such |
10 | | as surviving another person or reaching a certain age, |
11 | | other than the trustee distributing the income; and |
12 | | (2) listed by name in the trust documents as an income |
13 | | beneficiary. |
14 | | "Bona fide equity member" means an individual who: |
15 | | (1) (i) became a member upon the formation of the |
16 | | limited liability company or (ii) has purchased a |
17 | | distributional interest in a limited liability company for |
18 | | a value equal to the percentage of the appraised value of |
19 | | the LLC assets represented by the distributional interest |
20 | | in the LLC and subsequently becomes a member of the |
21 | | company under Article 30 of the Limited Liability Company |
22 | | Act; and |
23 | | (2) intends to retain the membership for at least 5 |
24 | | years. |
25 | | "Bona fide equity partner" means an individual who: |
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1 | | (1) (i) became a partner, either general or limited, |
2 | | upon the formation of a partnership or limited |
3 | | partnership, or (ii) has purchased, acquired, or been |
4 | | gifted a partnership interest accurately representing his |
5 | | or her percentage distributional interest in the profits, |
6 | | losses, and assets of a partnership or limited |
7 | | partnership; |
8 | | (2) intends to retain ownership of the partnership |
9 | | interest for at least 5 years; and |
10 | | (3) is a resident of this State. |
11 | | "Bona fide equity shareholder" means an individual who: |
12 | | (1) purchased, for market price, publicly sold stock |
13 | | shares in a corporation, purchased shares of a |
14 | | privately-held corporation for a value equal to the |
15 | | percentage of the appraised value of the corporate assets |
16 | | represented by the ownership in the corporation, or is a |
17 | | member of a closely-held family-owned corporation and has |
18 | | purchased or been gifted with shares of stock in the |
19 | | corporation accurately reflecting his or her percentage of |
20 | | ownership; and |
21 | | (2) intends to retain the ownership of the shares of |
22 | | stock for at least 5 years. |
23 | | "Current owners" means one or more bona fide landowners, |
24 | | one or more bona fide current income beneficiaries, one or |
25 | | more bona fide equity shareholders of a corporation, one or |
26 | | more bona fide equity members of a limited liability company, |
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1 | | or one or more bona fide equity partners of a partnership that |
2 | | all own the same 240 acres of Illinois land. |
3 | | "Immediate family of a bona fide landowner, tenant, or a |
4 | | bona fide current income beneficiary" means the spouse, |
5 | | children, brothers, sisters, grandchildren, grandparents, and |
6 | | parents permanently residing on the same property as the bona |
7 | | fide landowner, tenant, or bona fide current income |
8 | | beneficiary. |
9 | | "Tenant" means a person who rents 40 acres or more of |
10 | | Illinois land for commercial agricultural purposes under a |
11 | | written notarized agreement with the landowner. |
12 | | (b) Landowner deer and turkey Deer, Turkey, and |
13 | | combination permits shall be issued without charge to an |
14 | | Illinois resident that owns at least 40 acres of Illinois land |
15 | | and that wishes to hunt only on the land that Illinois resident |
16 | | owns. Deer permits issued under this Section shall consist of |
17 | | one either-sex permit and one antlerless-only permit for the |
18 | | deer firearm season and one either-sex permit and one |
19 | | antlerless-only permit for the archery deer season. Land |
20 | | ownership shall only be accepted by the Department for : |
21 | | (1) bona fide Illinois landowners residing in this |
22 | | State who own at least 40 acres of Illinois land and wish |
23 | | to hunt upon their land only ; |
24 | | (2) bona fide current income beneficiaries of a trust |
25 | | in which the trust owns Illinois land resident tenants of |
26 | | at least 40 acres of commercial agricultural land where |
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1 | | they will hunt ; and |
2 | | (3) bona fide equity shareholders of a corporation, |
3 | | bona fide equity members of a limited liability company, |
4 | | or bona fide equity partners of a general or limited |
5 | | partnership which owns at least 40 acres of land in a |
6 | | county in this State who wish to hunt on the |
7 | | corporation's, company's, or partnership's land only. One |
8 | | permit shall be issued without charge to one bona fide |
9 | | equity shareholder, one bona fide equity member, or one |
10 | | bona fide equity partner for each 40 acres of land owned by |
11 | | the corporation, company, or partnership in a county; |
12 | | however, the number of permits issued without charge to |
13 | | bona fide equity shareholders of any corporation or bona |
14 | | fide equity members of a limited liability company in any |
15 | | county shall not exceed 15, and shall not exceed 3 in the |
16 | | case of bona fide equity partners of a partnership . |
17 | | (b-5) Tenant deer and turkey permits shall be issued |
18 | | without charge to Illinois resident tenants of at least 40 |
19 | | acres of commercial agricultural land that wish to hunt only |
20 | | on the land of which they are resident tenants. Deer permits |
21 | | issued under this Section shall consist of (i) one either-sex |
22 | | permit and one antlerless-only permit for the deer firearm |
23 | | season and (ii) one either-sex permit and one antlerless-only |
24 | | permit for the archery deer season. |
25 | | (b-10) The total number of deer or turkey permits that may |
26 | | be issued to a person under this Section shall be established |
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1 | | by administrative rule. |
2 | | (b-15) Bona fide landowners or tenants who do not wish to |
3 | | hunt only on the land they own, tenants who do not wish to hunt |
4 | | only on the land they rent , or lease , or bona fide equity |
5 | | shareholders, bona fide equity members, bona fide current |
6 | | income beneficiaries of a trust, or bona fide equity partners |
7 | | who do not wish to hunt only on the land owned by the |
8 | | corporation, limited liability company, trust, or partnership |
9 | | shall be charged the same fee as the applicant who is not a |
10 | | bona fide landowner, Illinois resident tenant, bona fide |
11 | | equity shareholder, bona fide equity member, bona fide current |
12 | | income beneficiary of a trust, or bona fide equity partner. |
13 | | Nonresidents of this State who own at least 40 acres of land as |
14 | | a bona fide landowner, a bona fide current income beneficiary |
15 | | of a trust, a bona fide equity shareholder, or a bona fide |
16 | | equity member and wish to hunt on their land only shall be |
17 | | charged a fee set by administrative rule. The method for |
18 | | obtaining these permits shall be prescribed by administrative |
19 | | rule. |
20 | | (c) A deer or turkey The deer, turkey, or combination |
21 | | hunting permit issued without fee shall be valid on all |
22 | | Illinois farm lands which the person to whom it is issued owns, |
23 | | including land owned by the individual as a bona fide |
24 | | landowner, land owned as a bona fide equity shareholder of a |
25 | | corporation, land owned by the individual as a bona fide |
26 | | equity member of a limited liability company, and land owned |
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1 | | by the individual as a bona fide equity partner of a |
2 | | partnership. |
3 | | (d) Except for a person hunting under a permit issued |
4 | | under subsection (e) or (f), while hunting under a permit |
5 | | issued under this Section, a person must carry the permit and |
6 | | documentation showing proof of that the person is a bona fide |
7 | | landowner, a bona fide equity shareholder of a corporation, a |
8 | | bona fide equity member of a limited liability company, a bona |
9 | | fide current income beneficiary, a bona fide equity partners |
10 | | of a general or limited partnership, or a tenant. While |
11 | | hunting under a permit issued under subsection (e) or (f), a |
12 | | person must carry the permit and documentation showing that |
13 | | the person is actively hunting on land covered by the permit. |
14 | | (e) The Department may, by administrative rule, issue |
15 | | permits under this Section to the immediate family of a bona |
16 | | fide landowner, a bona fide current income beneficiary, or |
17 | | tenant. |
18 | | (f) For every 240 acres of Illinois land owned by the |
19 | | current owners, the Department may issue one guest either-sex |
20 | | deer permit and one guest antlerless-only deer permit. The |
21 | | guest permits shall be for the same deer hunting season and for |
22 | | the same method of take as issued to the current owner. A guest |
23 | | permit shall be issued to an individual who is not a current |
24 | | owner and is listed on the application for the issuance of |
25 | | guest deer hunting permits by a current owner. An individual |
26 | | designated by a current owner must meet all the eligibility |
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1 | | requirements to hunt under this Code and shall pay all fees |
2 | | required under Section 2.26 for the permits issued, including |
3 | | non-resident fees if that individual is a non-resident. |
4 | | Permits issued under this subsection may not be offered for |
5 | | resale by the landowner receiving the permit and are |
6 | | nontransferable. No more than 5 individuals, regardless of |
7 | | total number of 240 acres of Illinois land owned by the current |
8 | | owners, may be issued guest permits under this subsection. |
9 | | (g) The Department may adopt rules to administer and |
10 | | enforce this Section, including, but not limited to, |
11 | | application requirements, proof of ownership requirements, |
12 | | proof of residency requirements, eligibility requirements, |
13 | | restrictions, and suspension and revocation of permits. |
14 | | (h) No person shall be issued more than (i) one either-sex |
15 | | permit and one antlerless-only permit for the deer firearm |
16 | | season and (ii) one either-sex permit and one antlerless-only |
17 | | permit for the deer archery season under this Section leases |
18 | | or rents, except that in the case of a permit issued to a bona |
19 | | fide equity shareholder, bona fide equity member, or bona fide |
20 | | equity partner, the permit shall be valid on all lands owned by |
21 | | the corporation, limited liability company, or partnership in |
22 | | the county . |
23 | | (Source: P.A. 99-869, eff. 1-1-17 .)
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24 | | Section 99. Effective date. This Act takes effect on |
25 | | January 1, 2026, except that the changes to Section 3.1-6 of |