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Illinois General Assembly· HB 5439Governor Approved

WILDLIFE CD-LANDOWNER PERMIT, the official text

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HB5439 Enrolled                     LRB104 20687 TRT 34186 b

1   AN ACT concerning wildlife.

2   Be it enacted by the People of the State of Illinois,

3 represented in the General Assembly:

4   Section 5. The Wildlife Code is amended by adding Section

5 1.2aaa and by changing Sections 3.1-6 and 3.24 as follows:

6   (520 ILCS 5/1.2aaa new)

7   Sec. 1.2aaa. Captive-reared. "Captive-reared" means any

8 wildlife that is born, bred, raised, or held in captivity.

9   (520 ILCS 5/3.1-6)

10  (Text of Section before amendment by P.A. 104-361)

11  Sec. 3.1-6. Special deer, turkey, and combination hunting

12 licenses.

13  (a) For the purpose of this Section:

14  "Bona fide current income beneficiary" means an individual

15 who, at the time of application for a deer permit is:

16  (1) entitled to income, whether income exists or not,

17  from the trust that owns Illinois land on which the

18  applicant wishes to hunt with no condition precedent, such

19  as surviving another person or reaching a certain age,

20  other than the trustee distributing the income; and

21  (2) listed by name in the trust documents as an income

22  beneficiary.
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1   "Bona fide equity member" means an individual who:

2   (1)(i) became a member upon the formation of the

3   limited liability company or (ii) has purchased a

4   distributional interest in a limited liability company for

5   a value equal to the percentage of the appraised value of

6   the limited liability company's LLC assets represented by

7   the distributional interest in the limited liability

8   company LLC and subsequently becomes a member of the

9   company under Article 30 of the Limited Liability Company

10  Act; and

11  (2) intends to retain the membership for at least 5

12  years.

13  "Bona fide equity partner" means an individual who:

14  (1)(i) became a partner, either general or limited,

15  upon the formation of a partnership or limited

16  partnership, or (ii) has purchased, acquired, or been

17  gifted a partnership interest accurately representing his

18  or her percentage distributional interest in the profits,

19  losses, and assets of a partnership or limited

20  partnership;

21  (2) intends to retain ownership of the partnership

22  interest for at least 5 years; and

23  (3) is a resident of this State.

24  "Bona fide equity shareholder" means an individual who:

25  (1) purchased, for market price, publicly sold stock

26  shares in a corporation, purchased shares of a
    HB5439 Enrolled  -3-         LRB104 20687 TRT 34186 b

1   privately-held corporation for a value equal to the

2   percentage of the appraised value of the corporate assets

3   represented by the ownership in the corporation, or is a

4   member of a closely-held family-owned corporation and has

5   purchased or been gifted with shares of stock in the

6   corporation accurately reflecting his or her percentage of

7   ownership; and

8   (2) intends to retain the ownership of the shares of

9   stock for at least 5 years.

10  "Bona fide landowner" means a person that owns in fee

11 simple land that is titled in his or her name.

12  "Current owners" means one or more bona fide landowners,

13 one or more bona fide current income beneficiaries, one or

14 more bona fide equity shareholders of a corporation, one or

15 more bona fide equity members of a limited liability company,

16 or one or more bona fide equity partners of a partnership that

17 all own the same 240 acres of Illinois land.

18  "Immediate family of a bona fide landowner, a tenant, or a

19 bona fide current income beneficiary" means the spouse,

20 children, brothers, sisters, grandchildren, grandparents, and

21 parents permanently residing on the same property as the bona

22 fide landowner, tenant, or bona fide current income

23 beneficiary.

24  "Tenant" means a person who rents 40 acres or more of

25 Illinois land for commercial agricultural purposes under a

26 written notarized agreement with the landowners
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1   (b) Landowner deer and turkey permits shall be issued

2 without charge to an Illinois resident that owns at least 40

3 acres of Illinois land and that wishes to hunt on the land that

4 Illinois resident owns. Deer permits issued under this

5 subsection shall consist of (i) one either-sex deer permit and

6 one antlerless-only deer permit for the deer firearm season

7 and (ii) one either-sex deer permit and one antlerless-only

8 permit for the archery deer season. Land ownership shall be

9 accepted by the Department for:

10          (1) bona fide landowners;

11          (2) bona fide current income beneficiaries of a trust

12  where the trust owns Illinois land; and

13          (3) bona fide equity shareholders of a corporation,

14  bona fide equity members of a limited liability company,

15  or bona fide equity partners of a general or limited

16  partnership that owns Illinois land.

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 subsection shall consist of (i) one

22 either-sex deer permit and one antlerless-only deer permit for

23 the deer firearm season and (ii) one either-sex deer permit

24 and one antlerless-only deer permit for the archery deer

25 season.

26  (b-10) The total number of deer or turkey permits that may
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1 be issued to a person under this Section shall be established

2 by administrative rule.

3   (b-15) Bona fide landowners, bona fide equity

4 shareholders, bona fide equity members, bona fide current

5 income beneficiaries of a trust, or bona fide equity partners

6 who do not wish to hunt only on the land that they are

7 authorized to hunt on under a permit issued pursuant to

8 subsection (b) shall be limited by administrative rule as to

9 any other deer or turkey permit that they may be eligible to

10 receive. Tenants who do not wish to hunt only on the land that

11 they are authorized to hunt on under a permit issued pursuant

12 to subsection (b-5) shall be limited by administrative rule as

13 to any other deer or turkey permit that they may be eligible to

14 receive.

15  (b-20) Nonresidents of this State who own at least 40

16 acres of land as a bona fide landowner, a bona fide current

17 income beneficiary of a trust, a bona fide equity shareholder,

18 or a bona fide equity member and wish to hunt on their land

19 only shall be charged a fee set by administrative rule. The

20 method for obtaining these permits shall be prescribed by

21 administrative rule.

22  (c) A deer or turkey hunting permit issued under

23 subsection (b), (b-20), (g), or (i) shall be valid on all

24 Illinois lands where the person to whom it is issued owns the

25 land, including land owned by the individual as a bona fide

26 landowner, land owned as a bona fide equity shareholder of a
    HB5439 Enrolled          -6-  LRB104 20687 TRT 34186 b

1 corporation, land owned by the individual as a bona fide

2 equity member of a limited liability company, and land owned

3 by the individual as an Illinois resident as a bona fide equity

4 partner of a partnership.

5   (d) Except for a person hunting under a permit issued

6 under subsection (e) or (f), while hunting under a permit

7 issued under this Section, a person must carry the permit and

8 documentation showing proof that the person is a bona fide

9 landowner, a bona fide equity shareholder of a corporation, a

10 bona fide equity member of a limited liability company, a bona

11 fide current income beneficiary, a bona fide equity partner of

12 a general or limited partnership, or a tenant. While hunting

13 under a permit issued under subsection (e) or (f), a person

14 must carry the permit and documentation showing that the

15 person is actively hunting on land covered by the permit.

16  (e) The Department may, by administrative rule, issue

17 permits under this Section to the immediate family of a bona

18 fide landowner, a bona fide current income beneficiary, or a

19 tenant.

20  (f) For every 240 acres of Illinois land owned by the

21 current owners, the Department may issue one guest either-sex

22 deer permit and one guest antlerless-only deer permit. The

23 guest permits shall be for the same deer hunting season and for

24 the same method of take as issued to the current owner. A guest

25 permit shall be issued to an individual who is not a current

26 owner and is listed on the application for the issuance of
    HB5439 Enrolled  -7-               LRB104 20687 TRT 34186 b

1 guest deer hunting permits by a current owner. An individual

2 designated by a current owner must meet all the eligibility

3 requirements to hunt under this Code and shall pay all fees

4 required under Section 2.26 for the permits issued, including

5 non-resident fees if that individual is a non-resident.

6 Permits issued under this subsection may not be offered for

7 resale by the landowner receiving the permit and are

8 nontransferable. No more than 5 individuals, regardless of the

9 total number of the 240 acres of Illinois land owned by the

10 current owners, may be issued guest permits under this

11 subsection.

12  (g) Landowner deer permits shall be issued without charge

13 to an Illinois resident that owns at least 20 acres of Illinois

14 land located in a county where the Department has positively

15 identified chronic wasting disease cases in the deer herd, and

16 the Illinois resident wishes to hunt only on the land that he

17 or she owns. Deer permits issued under this subsection shall

18 consist of (i) one either-sex deer permit and one

19 antlerless-only deer permit for the deer firearm season and

20 (ii) one either-sex deer permit and one antlerless-only deer

21 permit for the archery deer season. Land ownership shall only

22 be accepted by the Department for:

23  (1) bona fide landowners;

24  (2) bona fide current income beneficiaries of a trust

25  where the trust owns land in the State; and

26  (3) bona fide equity shareholders of a corporation,
    HB5439 Enrolled              -8-  LRB104 20687 TRT 34186 b

1   bona fide equity members of a limited liability company,

2   or bona fide equity partners of a general or limited

3   partnership which owns land in the State.

4   (h) Tenant deer permits shall be issued without charge to

5 Illinois resident tenants of at least 20 acres of Illinois

6 land located in a county where the Department has positively

7 identified chronic wasting disease cases in the deer herd and

8 the tenant wishes to hunt only on the land of which he or she

9 is a resident tenant. Deer permits issued under this

10 subsection shall consist of (i) one either-sex deer permit and

11 one antlerless-only deer permit for the deer firearm season

12 and (ii) one either-sex deer permit and one antlerless-only

13 deer permit for the archery deer season.

14  (b) Landowner deer, turkey, and combination permits shall

15 be issued without charge to:

16  (1) Illinois landowners residing in this State who own

17  at least 40 acres of Illinois land and wish to hunt upon

18  their land only;

19  (2) resident tenants of at least 40 acres of

20  commercial agricultural land where they will hunt; and

21  (3) bona fide equity shareholders of a corporation,

22  bona fide equity members of a limited liability company,

23  or bona fide equity partners of a general or limited

24  partnership which owns at least 40 acres of land in a

25  county in this State who wish to hunt on the

26  corporation's, company's, or partnership's land only. One
    HB5439 Enrolled  -9-               LRB104 20687 TRT 34186 b

1   permit shall be issued without charge to one bona fide

2   equity shareholder, one bona fide equity member, or one

3   bona fide equity partner for each 40 acres of land owned by

4   the corporation, company, or partnership in a county;

5   however, the number of permits issued without charge to

6   bona fide equity shareholders of any corporation or bona

7   fide equity members of a limited liability company in any

8   county shall not exceed 15, and shall not exceed 3 in the

9   case of bona fide equity partners of a partnership.

10  Bona fide landowners or tenants who do not wish to hunt

11 only on the land they own, rent, or lease or bona fide equity

12 shareholders, bona fide equity members, or bona fide equity

13 partners who do not wish to hunt only on the land owned by the

14 corporation, limited liability company, or partnership shall

15 be charged the same fee as the applicant who is not a

16 landowner, tenant, bona fide equity shareholder, bona fide

17 equity member, or bona fide equity partner. Nonresidents of

18 this State who own at least 40 acres of land and wish to hunt

19 on their land only shall be charged a fee set by administrative

20 rule. The method for obtaining these permits shall be

21 prescribed by administrative rule.

22  (i) (b-5) Landowner deer permits shall be issued to

23 nonresidents of this State who own at least 20 acres of land

24 located in a county where the Department has positively

25 identified chronic wasting disease cases in the deer herd, and

26 the nonresident wishes to hunt on their land only. The
    HB5439 Enrolled  - 10 - LRB104 20687 TRT 34186 b

1 nonresident shall be charged a fee set by administrative rule.

2 The method for obtaining these permits shall be prescribed by

3 administrative rule. without charge to:

4   (1) Illinois landowners residing in this State who own

5   at least 20 acres of Illinois land that is located in a

6   county where the Department has positively identified

7   chronic wasting disease cases in the deer herd, and who

8   wish to hunt upon their land only;

9   (2) resident tenants of at least 20 acres of

10  commercial agricultural land that is located in a county

11  where the Department has positively identified chronic

12  wasting disease cases in the deer herd where they will

13  hunt and who wish to hunt upon the land they are tenants of

14  only; and

15  (3) bona fide equity shareholders of a corporation,

16  bona fide equity members of a limited liability company,

17  or bona fide equity partners of a general or limited

18  partnership which owns at least 20 acres of land in a

19  county in this State where the Department has positively

20  identified chronic wasting disease cases in the deer herd

21  and who wish to hunt on the corporation's, company's, or

22  partnership's land only. One permit shall be issued

23  without charge to one bona fide equity shareholder, one

24  bona fide equity member, or one bona fide equity partner

25  for each 20 acres of land owned by the corporation,

26  company, or partnership in a county; however, the number
    HB5439 Enrolled  - 11 - LRB104 20687 TRT 34186 b

1   of permits issued without charge to bona fide equity

2   shareholders of any corporation or bona fide equity

3   members of a limited liability company in any county shall

4   not exceed 15, and shall not exceed 3 in the case of bona

5   fide equity partners of a partnership.

6   Bona fide landowners or tenants who do not wish to

7   hunt only on the land they own, rent, or lease or bona fide

8   equity shareholders, bona fide equity members, or bona

9   fide equity partners who do not wish to hunt only on the

10  land owned by the corporation, limited liability company,

11  or partnership shall be charged the same fee as the

12  applicant who is not a landowner, tenant, bona fide equity

13  shareholder, bona fide equity member, or bona fide equity

14  partner.

15  Nonresidents of this State who own at least 20 acres of

16 land where the Department has positively identified chronic

17 wasting disease cases in the deer herd and who wish to hunt on

18 their land only shall be charged a fee set by administrative

19 rule. The method for obtaining these permits shall be

20 prescribed by administrative rule.

21  (c) The deer, turkey, or combination hunting permit issued

22 without fee shall be valid on all farm lands which the person

23 to whom it is issued owns, leases or rents, except that in the

24 case of a permit issued to a bona fide equity shareholder, bona

25 fide equity member, or bona fide equity partner, the permit

26 shall be valid on all lands owned by the corporation, limited
    HB5439 Enrolled  - 12 - LRB104 20687 TRT 34186 b

1 liability company, or partnership in the county.

2   (j) The Department may adopt rules to administer and

3 enforce this Section, including, but not limited to,

4 application requirements, proof of ownership requirements,

5 proof of residency requirements, eligibility requirements,

6 restrictions, and suspension and revocation of permits.

7   (k) No person shall be issued more than (i) one either-sex

8 deer permit and one antlerless-only deer permit for the deer

9 firearm season and (ii) one either-sex deer permit and one

10 antlerless-only deer permit for the deer archery season under

11 this Section.

12 (Source: P.A. 104-59, eff. 1-1-26; revised 9-15-25.)

13  (Text of Section after amendment by P.A. 104-361)

14  Sec. 3.1-6. Landowner or tenant deer and turkey hunting

15 permits.

16  (a) For the purpose of this Section:

17  "Bona fide current income beneficiary" means an individual

18 who, at the time of application for a deer permit, is:

19  (1) entitled to income, whether income exists or not,

20  from the trust that owns Illinois land on which the

21  applicant wishes to hunt with no condition precedent, such

22  as surviving another person or reaching a certain age,

23  other than the trustee distributing the income; and

24  (2) listed by name in the trust documents as an income

25  beneficiary.
    HB5439 Enrolled  - 13 - LRB104 20687 TRT 34186 b

1   "Bona fide equity member" means an individual who:

2   (1)(i) became a member upon the formation of the

3   limited liability company or (ii) has purchased a

4   distributional interest in a limited liability company for

5   a value equal to the percentage of the appraised value of

6   the limited liability company's LLC assets represented by

7   the distributional interest in the limited liability

8   company LLC and subsequently becomes a member of the

9   company under Article 30 of the Limited Liability Company

10  Act; and

11  (2) intends to retain the membership for at least 5

12  years.

13  "Bona fide equity partner" means an individual who:

14  (1)(i) became a partner, either general or limited,

15  upon the formation of a partnership or limited

16  partnership, or (ii) has purchased, acquired, or been

17  gifted a partnership interest accurately representing his

18  or her percentage distributional interest in the profits,

19  losses, and assets of a partnership or limited

20  partnership;

21  (2) intends to retain ownership of the partnership

22  interest for at least 5 years; and

23  (3) is a resident of this State.

24  "Bona fide equity shareholder" means an individual who:

25  (1) purchased, for market price, publicly sold stock

26  shares in a corporation, purchased shares of a
    HB5439 Enrolled  - 14 - LRB104 20687 TRT 34186 b

1   privately-held corporation for a value equal to the

2   percentage of the appraised value of the corporate assets

3   represented by the ownership in the corporation, or is a

4   member of a closely-held family-owned corporation and has

5   purchased or been gifted with shares of stock in the

6   corporation accurately reflecting his or her percentage of

7   ownership; and

8   (2) intends to retain the ownership of the shares of

9   stock for at least 5 years.

10  "Bona fide landowner" means a person that owns land in fee

11 simple and the land is titled in their name.

12  "Current owners" means one or more bona fide landowners,

13 one or more bona fide current income beneficiaries, one or

14 more bona fide equity shareholders of a corporation, one or

15 more bona fide equity members of a limited liability company,

16 or one or more bona fide equity partners of a partnership that

17 all own the same 240 acres of Illinois land.

18  "Immediate family of a bona fide landowner, a tenant, or a

19 bona fide current income beneficiary" means the spouse,

20 children, brothers, sisters, grandchildren, grandparents, and

21 parents permanently residing on the same property as the bona

22 fide landowner, tenant, or bona fide current income

23 beneficiary.

24  "Tenant" means a person who rents 40 acres or more of

25 Illinois land for commercial agricultural purposes under a

26 written notarized agreement with the landowner.
    HB5439 Enrolled    - 15 - LRB104 20687 TRT 34186 b

1   (b) Landowner deer and turkey permits shall be issued

2 without charge to an Illinois resident that owns at least 40

3 acres of Illinois land and that wishes to hunt only on the land

4 that Illinois resident owns. Deer permits issued under this

5 subsection Section shall consist of (i) one either-sex deer

6 permit and one antlerless-only deer permit for the deer

7 firearm season and (ii) one either-sex permit and one

8 antlerless-only deer permit for the archery deer season. Land

9 ownership shall only be accepted by the Department for:

10  (1) bona fide landowners;

11  (2) bona fide current income beneficiaries of a trust

12  in which the trust owns Illinois land; and

13  (3) bona fide equity shareholders of a corporation,

14  bona fide equity members of a limited liability company,

15  or bona fide equity partners of a general or limited

16  partnership which owns Illinois land land in this State.

17  (b-5) (Blank). Landowner deer permits shall be issued

18 without charge to:

19  (1) Illinois landowners residing in this State who own

20  at least 20 acres of Illinois land that is located in a

21  county where the Department has positively identified

22  chronic wasting disease cases in the deer herd, and who

23  wish to hunt upon their land only;

24  (2) resident tenants of at least 20 acres of

25  commercial agricultural land that is located in a county

26  where the Department has positively identified chronic
    HB5439 Enrolled  - 16 - LRB104 20687 TRT 34186 b

1   wasting disease cases in the deer herd where they will

2   hunt and who wish to hunt upon the land they are tenants of

3   only; and

4   (3) bona fide equity shareholders of a corporation,

5   bona fide equity members of a limited liability company,

6   or bona fide equity partners of a general or limited

7   partnership which owns at least 20 acres of land in a

8   county in this State where the Department has positively

9   identified chronic wasting disease cases in the deer herd

10  and who wish to hunt on the corporation's, company's, or

11  partnership's land only. One permit shall be issued

12  without charge to one bona fide equity shareholder, one

13  bona fide equity member, or one bona fide equity partner

14  for each 20 acres of land owned by the corporation,

15  company, or partnership in a county; however, the number

16  of permits issued without charge to bona fide equity

17  shareholders of any corporation or bona fide equity

18  members of a limited liability company in any county shall

19  not exceed 15, and shall not exceed 3 in the case of bona

20  fide equity partners of a partnership.

21  Bona fide landowners or tenants who do not wish to

22  hunt only on the land they own, rent, or lease or bona fide

23  equity shareholders, bona fide equity members, or bona

24  fide equity partners who do not wish to hunt only on the

25  land owned by the corporation, limited liability company,

26  or partnership shall be charged the same fee as the
    HB5439 Enrolled      - 17 - LRB104 20687 TRT 34186 b

1   applicant who is not a landowner, tenant, bona fide equity

2   shareholder, bona fide equity member, or bona fide equity

3   partner.

4   Nonresidents of this State who own at least 20 acres of

5 land where the Department has positively identified chronic

6 wasting disease cases in the deer herd and who wish to hunt on

7 their land only shall be charged a fee set by administrative

8 rule. The method for obtaining these permits shall be

9 prescribed by administrative rule.

10  (b-10) (b-5) Tenant deer and turkey permits shall be

11 issued without charge to Illinois resident tenants of at least

12 40 acres of commercial agricultural land who that wish to hunt

13 only on the land of which they are resident tenants. Deer

14 permits issued under this subsection Section shall consist of

15 (i) one either-sex deer permit and one antlerless-only deer

16 permit for the deer firearm season and (ii) one either-sex

17 deer permit and one antlerless-only deer permit for the

18 archery deer season.

19  (b-15) (b-10) The total number of deer or turkey permits

20 that may be issued to a person under this Section shall be

21 established by administrative rule.

22  (b-20) Bona fide landowners, bona fide equity

23 shareholders, bona fide equity members, bona fide current

24 income beneficiaries of a trust, or bona fide equity partners

25 who do not wish to hunt only on the land that they are

26 authorized to hunt on under a permit issued pursuant to
    HB5439 Enrolled  - 18 - LRB104 20687 TRT 34186 b

1 subsection (b) shall be limited by administrative rule as to

2 any other deer or turkey permit that they may be eligible to

3 receive. Tenants who do not wish to hunt only on the land that

4 they are authorized to hunt on under a permit issued pursuant

5 to subsection (b-5) shall be limited by administrative rule as

6 to any other deer or turkey permit that they may be eligible to

7 receive.

8   (b-25) (b-15) Bona fide landowners who do not wish to hunt

9 only on the land they own, tenants who do not wish to hunt only

10 on the land they rent or lease, or bona fide equity

11 shareholders, bona fide equity members, bona fide current

12 income beneficiaries of a trust, or bona fide equity partners

13 who do not wish to hunt only on the land owned by the

14 corporation, limited liability company, trust, or partnership

15 shall be charged the same fee as the applicant who is not a

16 bona fide landowner, Illinois resident tenant, bona fide

17 equity shareholder, bona fide equity member, bona fide current

18 income beneficiary of a trust, or bona fide equity partner.

19 Nonresidents of this State who own at least 40 acres of land as

20 a bona fide landowner, a bona fide current income beneficiary

21 of a trust, a bona fide equity shareholder, or a bona fide

22 equity member and wish to hunt on their land only shall be

23 charged a fee set by administrative rule. The method for

24 obtaining these permits shall be prescribed by administrative

25 rule.

26  (c) A deer or turkey hunting permit issued under
    HB5439 Enrolled  - 19 - LRB104 20687 TRT 34186 b

1 subsection (b), (b-20), (g), or (i) without fee shall be valid

2 on all Illinois lands where which the person to whom it is

3 issued owns the land, including land owned by the individual

4 as a bona fide landowner, land owned as a bona fide equity

5 shareholder of a corporation, land owned by the individual as

6 a bona fide equity member of a limited liability company, and

7 land owned by the individual as an Illinois resident as a bona

8 fide equity partner of a partnership.

9   (d) Except for a person hunting under a permit issued

10 under subsection (e) or (f), while hunting under a permit

11 issued under this Section, a person must carry the permit and

12 documentation showing proof of that the person is a bona fide

13 landowner, a bona fide equity shareholder of a corporation, a

14 bona fide equity member of a limited liability company, a bona

15 fide current income beneficiary, a bona fide equity partner

16 partners of a general or limited partnership, or a tenant.

17 While hunting under a permit issued under subsection (e) or

18 (f), a person must carry the permit and documentation showing

19 that the person is actively hunting on land covered by the

20 permit.

21  (e) The Department may, by administrative rule, issue

22 permits under this Section to the immediate family of a bona

23 fide landowner, a bona fide current income beneficiary, or

24 tenant.

25  (f) For every 240 acres of Illinois land owned by the

26 current owners, the Department may issue one guest either-sex
    HB5439 Enrolled  - 20 - LRB104 20687 TRT 34186 b

1 deer permit and one guest antlerless-only deer permit. The

2 guest permits shall be for the same deer hunting season and for

3 the same method of take as issued to the current owner. A guest

4 permit shall be issued to an individual who is not a current

5 owner and is listed on the application for the issuance of

6 guest deer hunting permits by a current owner. An individual

7 designated by a current owner must meet all the eligibility

8 requirements to hunt under this Code and shall pay all fees

9 required under Section 2.26 for the permits issued, including

10 non-resident fees if that individual is a non-resident.

11 Permits issued under this subsection may not be offered for

12 resale by the landowner receiving the permit and are

13 nontransferable. No more than 5 individuals, regardless of the

14 total number of 240 acres of Illinois land owned by the current

15 owners, may be issued guest permits under this subsection.

16  (g) Landowner deer permits shall be issued without charge

17 to an Illinois resident that owns at least 20 acres of Illinois

18 land located in a county where the Department has positively

19 identified chronic wasting disease cases in the deer herd, and

20 the Illinois resident wishes to hunt only on the land that he

21 or she owns. Deer permits issued under this subsection shall

22 consist of (i) one either-sex deer permit and one

23 antlerless-only deer permit for the deer firearm season and

24 (ii) one either-sex deer permit and one antlerless-only deer

25 permit for the archery deer season. Land ownership shall only

26 be accepted by the Department for:
    HB5439 Enrolled  - 21 - LRB104 20687 TRT 34186 b

1   (1) bona fide landowners;

2   (2) bona fide current income beneficiaries of a trust

3   where the trust owns Illinois land; and

4   (3) bona fide equity shareholders of a corporation,

5   bona fide equity members of a limited liability company,

6   or bona fide equity partners of a general or limited

7   partnership which owns land in the State.

8   (h) Tenant deer permits shall be issued without charge to

9 Illinois resident tenants of at least 20 acres of Illinois

10 land located in a county where the Department has positively

11 identified chronic wasting disease cases in the deer herd and

12 the tenant wishes to hunt only on the land of which he or she

13 is a resident tenant. Deer permits issued under this

14 subsection shall consist of (i) one either-sex deer permit and

15 one antlerless-only deer permit for the deer firearm season

16 and (ii) one either-sex deer permit and one antlerless-only

17 deer permit for the archery deer season.

18  (i) Landowner deer permits shall be issued to nonresidents

19 of this State who own at least 20 acres of land located in a

20 county where the Department has positively identified chronic

21 wasting disease cases in the deer herd, and the nonresident

22 wishes to hunt on their land only, shall be charged a fee set

23 by administrative rule. The method for obtaining these permits

24 shall be prescribed by administrative rule.

25  (j) (g) The Department may adopt rules to administer and

26 enforce this Section, including, but not limited to,
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1 application requirements, proof of ownership requirements,

2 proof of residency requirements, eligibility requirements,

3 restrictions, and suspension and revocation of permits.

4   (k) (h) No person shall be issued more than (i) one

5 either-sex deer permit and one antlerless-only deer permit for

6 the deer firearm season and (ii) one either-sex deer permit

7 and one antlerless-only deer permit for the deer archery

8 season under this Section.

9 (Source: P.A. 104-59, eff. 1-1-26; 104-361, eff. 1-1-27;

10 revised 9-15-25.)

11  (520 ILCS 5/3.24) (from Ch. 61, par. 3.24)

12  Sec. 3.24. Before any person, except permittees under

13 Section 3.23 of this Act, shall engage in buying, selling or

14 processing of captive-reared game birds, captive-reared

15 migratory game birds, captive-reared game mammals, or legally

16 taken furbearers wild game for the purpose of buying, selling

17 or shipping the same, including the carcasses of fur-bearing

18 mammals, for public consumption, he shall first procure a

19 license to do so from the Department. Dealers in deer, or any

20 parts thereof, legally taken and possessed in and transported

21 from, other states, shall also be licensed under the

22 provisions of this Section. All such deer, or parts thereof,

23 shall be marked with permanent irremovable tags, or similar

24 devices, to establish and retain their origin and identity.

25  The terms "buying or selling" include buying or selling by
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1 hotel keepers, restaurant keepers and others engaged in buying

2 or selling prepared foods for consumption.

3   A permit shall be procured for each separate market or

4 place of business operated by any person who sells

5 captive-reared game birds, captive-reared migratory game

6 birds, captive-reared game mammals, or legally taken

7 furbearers wild game for public consumption and for each

8 vehicle from which captive-reared game birds, captive-reared

9 migratory game birds, captive-reared game mammals, or legally

10 taken furbearers game or fur-bearing mammals are sold. Such

11 permits shall be conspicuously displayed at all times.

12  This permit shall be known as a processed wild game

13 dealer's permit. It shall be issued by the Department for a fee

14 of $25.00 annually and shall expire on March 31st of each year.

15 The Department may prescribe the necessary forms as may be

16 desirable for the maintenance of records by the licensee, to

17 record all transactions in wild game that may be marketed

18 under the provisions of the laws of this State and game

19 imported legally from other states.

20  Nothing in this Section shall be construed to give the

21 holder of a processed wild game dealer's permit authority to

22 take or sell game birds, migratory game birds, game mammals,

23 or fur-bearing mammals in their wild state contrary to other

24 provisions of this Act. The person in possession of such game

25 birds, migratory game birds, game mammals, or fur-bearing and

26 mammals has the burden of proving the legality of their his
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1 possession.

2  No person shall sell the carcasses, or parts thereof, of

3 game birds, migratory game birds, or game mammals in their

4 wild state for public consumption.

5 (Source: P.A. 84-150.)

6  Section 95. No acceleration or delay. Where this Act makes

7 changes in a statute that is represented in this Act by text

8 that is not yet or no longer in effect (for example, a Section

9 represented by multiple versions), the use of that text does

10 not accelerate or delay the taking effect of (i) the changes

11 made by this Act or (ii) provisions derived from any other

12 Public Act.
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