97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1696

 

Introduced , by Rep. Sara Feigenholtz

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.28  from Ch. 61, par. 1.28
520 ILCS 5/3.1  from Ch. 61, par. 3.1
30 ILCS 105/5.305 rep.
520 ILCS 5/1.31 rep.

    Amends the Wildlife Code. Repeals the provision concerning the pheasant fund. Makes corresponding changes. Amends the State Finance Act and makes corresponding changes. Effective January 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing Section
51.28 as follows:
 
6    (520 ILCS 5/1.28)  (from Ch. 61, par. 1.28)
7    Sec. 1.28. Fees and fines; deposit in funds. All fees,
8fines, including bond forfeitures, income of whatsoever kind or
9nature derived from hunting and fishing activities on lands or
10waters or both under the jurisdiction or control of the
11Department, and all penalties collected under this Act shall be
12deposited in the State Treasury and shall be set apart in a
13special fund to be known as the "Wildlife and Fish Fund";
14except that fees derived solely from the sale of salmon stamps,
15income from art contests for the salmon stamp, including income
16from the sale of reprints, and gifts, donations, grants and
17bequests of money for the conservation and propagation of
18salmon shall be deposited in the State Treasury and set apart
19in the special fund to be known as the "Salmon Fund"; and
20except that fees derived solely from the sale of state
21migratory waterfowl stamps, and gifts, donations, grants and
22bequests of money for the conservation and propagation of
23waterfowl shall be deposited in the special fund to be known as

 

 

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1the "State Migratory Waterfowl Stamp Fund"; and except that, of
2fees derived solely from the sale of State Habitat Stamps, 79%
364% shall be deposited into the Illinois Habitat Fund, 30% into
4the State Pheasant Fund, and 21% 6% into the State Furbearer
5Fund. Income generated from the sale of artwork associated with
6the State Habitat Stamps shall be deposited into the Illinois
7Habitat Fund. All interest that accrues from monies deposited
8into the Wildlife and Fish Fund, the Salmon Fund, the State
9Migratory Waterfowl Stamp Fund, the State Furbearer Fund, the
10State Pheasant Fund, and the Illinois Habitat Fund shall be
11deposited into those funds, respectively. Appropriations from
12the "Wildlife and Fish Fund" shall be made only to the
13Department for the carrying out of the powers and functions
14vested by law in the Department for the administration and
15management of fish and wildlife resources of this State for
16such activities as the purchase of land for fish hatcheries,
17wildlife refuges, preserves and public shooting and fishing
18grounds; the purchase and distribution of wild birds, the eggs
19of wild birds, and wild mammals for rescuing, restoring and
20distributing fish; the maintenance of wildlife refuges, or
21preserves, public shooting grounds, public fishing grounds and
22fish hatcheries; and the feeding and care of wild birds, wild
23animals and fish.
24(Source: P.A. 95-853, eff. 8-18-08.)
 
25    Section 10. The Wildlife Code is amended by changing

 

 

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1Section 3.1 as follows:
 
2    (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
3    Sec. 3.1. License and stamps required.
4    (a) Before any person shall take or attempt to take any of
5the species protected by Section 2.2 for which an open season
6is established under this Act, he shall first have procured and
7possess a valid hunting license, except as provided in Section
83.1-5 of this Code.
9    Before any person 16 years of age or older shall take or
10attempt to take any bird of the species defined as migratory
11waterfowl by Section 2.2, including coots, he shall first have
12procured a State Migratory Waterfowl Stamp.
13    Before any person 16 years of age or older takes, attempts
14to take, or pursues any species of wildlife protected by this
15Code, except migratory waterfowl, coots, and hand-reared birds
16on licensed game breeding and hunting preserve areas and state
17controlled pheasant hunting areas, he or she shall first obtain
18a State Habitat Stamp. Disabled veterans and former prisoners
19of war shall not be required to obtain State Habitat Stamps.
20Any person who obtained a lifetime license before January 1,
211993, shall not be required to obtain State Habitat Stamps.
22Income from the sale of State Furbearer Stamps and State
23Pheasant Stamps received after the effective date of this
24amendatory Act of 1992 shall be deposited into the State
25Furbearer Fund and State Pheasant Fund, respectively.

 

 

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1    Before any person 16 years of age or older shall take,
2attempt to take, or sell the green hide of any mammal of the
3species defined as fur-bearing mammals by Section 2.2 for which
4an open season is established under this Act, he shall first
5have procured a State Habitat Stamp.
6    (b) Before any person who is a non-resident of the State of
7Illinois shall take or attempt to take any of the species
8protected by Section 2.2 for which an open season is
9established under this Act, he shall, unless specifically
10exempted by law, first procure a non-resident license as
11provided by this Act for the taking of any wild game.
12    Before a nonresident shall take or attempt to take
13white-tailed deer, he shall first have procured a Deer Hunting
14Permit as defined in Section 2.26 of this Code.
15    Before a nonresident shall take or attempt to take wild
16turkeys, he shall have procured a Wild Turkey Hunting Permit as
17defined in Section 2.11 of this Code.
18    (c) The owners residing on, or bona fide tenants of, farm
19lands and their children, parents, brothers, and sisters
20actually permanently residing on their lands shall have the
21right to hunt any of the species protected by Section 2.2 upon
22their lands and waters without procuring hunting licenses; but
23the hunting shall be done only during periods of time and with
24devices and by methods as are permitted by this Act. Any person
25on active duty with the Armed Forces of the United States who
26is now and who was at the time of entering the Armed Forces a

 

 

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1resident of Illinois and who entered the Armed Forces from this
2State, and who is presently on ordinary or emergency leave from
3the Armed Forces, and any resident of Illinois who is disabled
4may hunt any of the species protected by Section 2.2 without
5procuring a hunting license, but the hunting shall be done only
6during such periods of time and with devices and by methods as
7are permitted by this Act. For the purpose of this Section a
8person is disabled when that person has a Type 1 or Type 4,
9Class 2 disability as defined in Section 4A of the Illinois
10Identification Card Act. For purposes of this Section, an
11Illinois Disabled Person Identification Card issued pursuant
12to the Illinois Identification Card Act indicating that the
13person named has a Type 1 or Type 4, Class 2 disability shall
14be adequate documentation of the disability.
15    (d) A courtesy non-resident license, permit, or stamp for
16taking game may be issued at the discretion of the Director,
17without fee, to any person officially employed in the game and
18fish or conservation department of another state or of the
19United States who is within the State to assist or consult or
20cooperate with the Director; or to the officials of other
21states, the United States, foreign countries, or officers or
22representatives of conservation organizations or publications
23while in the State as guests of the Governor or Director. The
24Director may provide to nonresident participants and official
25gunners at field trials an exemption from licensure while
26participating in a field trial.

 

 

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1    (e) State Migratory Waterfowl Stamps shall be required for
2those persons qualifying under subsections (c) and (d) who
3intend to hunt migratory waterfowl, including coots, to the
4extent that hunting licenses of the various types are
5authorized and required by this Section for those persons.
6    (f) Registration in the U.S. Fish and Wildlife Migratory
7Bird Harvest Information Program shall be required for those
8persons who are required to have a hunting license before
9taking or attempting to take any bird of the species defined as
10migratory game birds by Section 2.2, except that this
11subsection shall not apply to crows in this State or
12hand-reared birds on licensed game breeding and hunting
13preserve areas, for which an open season is established by this
14Act. Persons registering with the Program must carry proof of
15registration with them while migratory bird hunting.
16    The Department shall publish suitable prescribed
17regulations pertaining to registration by the migratory bird
18hunter in the U.S. Fish and Wildlife Service Migratory Bird
19Harvest Information Program.
20(Source: P.A. 96-1226, eff. 1-1-11.)
 
21    (30 ILCS 105/5.305 rep.)
22    Section 15. The State Finance Act is amended by repealing
23Section 5.305.
 
24    (520 ILCS 5/1.31 rep.)

 

 

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1    Section 20. The Wildlife Code is amended by repealing
2Section 1.31.
 
3    Section 99. Effective date. This Act takes effect January
41, 2012.