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90_SB0580enr
515 ILCS 5/20-30 from Ch. 56, par. 20-30
515 ILCS 5/20-45 from Ch. 56, par. 20-45
515 ILCS 5/20-55 from Ch. 56, par. 20-55
515 ILCS 5/20-115 from Ch. 56, par. 20-115
515 ILCS 5/20-120 from Ch. 56, par. 20-120
520 ILCS 5/2.6 from Ch. 61, par. 2.6
520 ILCS 5/2.26 from Ch. 61, par. 2.26
520 ILCS 5/3.2 from Ch. 61, par. 3.2
520 ILCS 5/3.36 from Ch. 61, par. 3.36
520 ILCS 5/3.37 from Ch. 61, par. 3.37
Amends the Fish and Aquatic Life Code and the Wildlife
Code. Deletes provision that no duly authorized agent is
authorized to furnish licenses or stamps for issuance by any
other person. Makes a change concerning use of certain
commercial fishing devices. With respect to license fees for
non-residents, deletes requirement of submission of suitable
evidence of legal residence in another state. Provides that
at the time of issuance a license may be initialed by the
designated purchaser and then signed immediately on receipt
by the licensee. Provides that all fees, less issuing fees
(now, all fees), collected from the sale of licenses and
permits and not remitted to the Department of Natural
Resources shall be deemed to have been embezzled. Makes it
unlawful to remove plumage of pheasants while being
transported from the field to one's home or to a commercial
preservation facility; deletes provision making it unlawful
to remove the heads of pheasants when dressed for storage.
Provides that no person may have in his possession any
firearm not authorized by administrative rule for a specific
hunting season. (Now, no person may have any other firearm
or sidearm when taking deer by shotgun, bow and arrow, or
muzzle loading rifle.) Effective immediately.
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1 AN ACT concerning animals, amending named Acts.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Fish and Aquatic Life Code is amended by
5 changing Sections 20-30, 20-45, 20-55, 20-115, and 20-120 as
6 follows:
7 (515 ILCS 5/20-30) (from Ch. 56, par. 20-30)
8 Sec. 20-30. Application; issuance of license. No
9 license shall be issued to use sport fishing or trot line
10 devices, or any other fishing devices, until application has
11 been made to the Department, to any county, city, village,
12 township, or incorporated town clerk, or any other person
13 authorized or designated by the Department to issue licenses.
14 Each clerk designating agents to issue licenses and salmon
15 stamps shall furnish the Department, within 10 days following
16 the appointment, the names and mailing addresses of the
17 agents. Applications shall be executed and sworn to and
18 shall set forth the name and description of the applicant and
19 place of residence. No license or salmon stamp shall be
20 issued except upon definite proof of identity and place of
21 legal residence.
22 No clerk shall sell any license or salmon stamp at any
23 place other than within the territorial area for which he or
24 she was elected or appointed. No duly designated agent is
25 authorized to furnish licenses or salmon stamps for issuance
26 by any other person or business establishment.
27 (Source: P.A. 89-66, eff. 1-1-96.)
28 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
29 Sec. 20-45. License fees for residents. Fees for
30 licenses for residents of the State of Illinois shall be as
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1 follows:
2 (a) Except as otherwise provided in this Section,
3 for sport fishing devices as defined in Section 10-95 or
4 spearing devices as defined in Section 10-110 the fee is
5 $12.50 for individuals 16 to 64 years old, and one-half
6 of the current fishing license fee for individuals age 65
7 or older, commencing with the 1994 license year.
8 (b) All residents before using any commercial
9 fishing device shall obtain a commercial fishing license,
10 the fee for which shall be $35. Each and every commercial
11 device used shall be licensed by a resident commercial
12 fisherman as follows:
13 (1) For each 100 lineal yards, or fraction
14 thereof, of seine the fee is $18. For each minnow
15 seine, minnow trap, or net for commercial purposes
16 the fee is $20.
17 (2) For each device license to fish with a 100
18 hook trot line device, basket trap, hoop net, or dip
19 net the fee is $3.
20 (3) When used in the waters of Lake Michigan,
21 for the first 2000 lineal feet, or fraction thereof,
22 of gill net the fee is $10; and for each 1000
23 additional lineal feet, or fraction thereof, the fee
24 is $10. These fees shall apply to all gill nets in
25 use in the water or on drying reels on the shore.
26 (4) For each 100 lineal yards, or fraction
27 thereof, of gill net or trammel net the fee is $18.
28 (c) Residents of the State of Illinois may obtain a
29 sportsmen's combination license that shall entitle the
30 holder to the same non-commercial fishing privileges as
31 residents holding a license as described in subsection
32 (a) of this Section and to the same hunting privileges as
33 residents holding a license to hunt all species as
34 described in Section 3.1 of the Wildlife Code. No
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1 sportsmen's combination license shall be issued to any
2 individual who would be ineligible for either the fishing
3 or hunting license separately. The sportsmen's
4 combination license fee shall be $18.50.
5 (d) For one day for fishing in Lake Michigan by
6 sport fishing devices as defined in Section 10-95 or by
7 spearing devices as defined in Section 10-110 the fee is
8 $5. This license exempts the licensee from the
9 requirement for a salmon stamp. The licenses provided for
10 by this subsection are not required for residents of the
11 State of Illinois who have obtained the license provided
12 for in subsection (a) of this Section.
13 (e) All residents before using any commercial
14 mussel device shall obtain a commercial mussel license,
15 the fee for which shall be $50.
16 (f) Residents of this State, upon establishing
17 residency as required by the Department, may obtain a
18 lifetime hunting or fishing license or lifetime
19 sportsmen's combination license which shall entitle the
20 holder to the same non-commercial fishing privileges as
21 residents holding a license as described in paragraph (a)
22 of this Section and to the same hunting privileges as
23 residents holding a license to hunt all species as
24 described in Section 3.1 of the Wildlife Code. No
25 lifetime sportsmen's combination license shall be issued
26 to or retained by any individual who would be ineligible
27 for either the fishing or hunting license separately,
28 either upon issuance, or in any year a violation would
29 subject an individual to have either or both fishing or
30 hunting privileges rescinded. The lifetime hunting and
31 fishing license fees shall be as follows:
32 (1) Lifetime fishing: 30 x the current
33 fishing license fee.
34 (2) Lifetime hunting: 30 x the current
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1 hunting license fee.
2 (3) Lifetime sportsmen's combination license:
3 30 x the current sportsmen's combination license
4 fee.
5 Lifetime licenses shall not be refundable. A $10
6 fee shall be charged for reissuing any lifetime license.
7 The Department may establish rules and regulations for
8 the issuance and use of lifetime licenses and may suspend
9 or revoke any lifetime license issued under this Section
10 for violations of those rules or regulations or other
11 provisions under this Code or the Wildlife Code.
12 Individuals under 16 years of age who possess a lifetime
13 hunting or sportsmen's combination license shall have in
14 their possession, while in the field, a certificate of
15 competency as required under Section 3.2 of the Wildlife
16 Code. Any lifetime license issued under this Section
17 shall not exempt individuals from obtaining additional
18 stamps or permits required under the provisions of this
19 Code or the Wildlife Code. Individuals required to
20 purchase additional stamps shall sign the stamps and have
21 them in their possession while fishing or hunting with a
22 lifetime license. All fees received from the issuance of
23 lifetime licenses shall be deposited in the Fish and
24 Wildlife Endowment Fund.
25 Except for licenses issued under subsection (e) of this
26 Section, all licenses provided for in this Section shall
27 expire on March 31 of each year, except that the license
28 provided for in subsection (d) of this Section shall expire
29 at midnight on the day for which the license was issued.
30 All individuals required to have and failing to have the
31 license provided for in subsection (a) or (d) of this Section
32 shall be fined according to the provisions of Section 20-35
33 of this Code.
34 All individuals required to have and failing to have the
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1 licenses provided for in subsections (b) and (e) of this
2 Section shall be guilty of a Class B misdemeanor.
3 (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
4 (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
5 Sec. 20-55. License fees for non-residents. Fees for
6 licenses for non-residents of the State of Illinois are as
7 follows:
8 (a) For sport fishing devices as defined by Section
9 10-95, or spearing devices as defined in Section 10-110, upon
10 submitting suitable evidence of legal residence in another
11 state, non-residents age 16 or older shall be charged $24 for
12 a fishing license to fish. For sport fishing devices as
13 defined by Section 10-95, or spearing devices as defined in
14 Section 10-110, for a period not to exceed 10 consecutive
15 days fishing in the State of Illinois the fee is $12.50.
16 For sport fishing devices as defined in Section 10-95, or
17 spearing devices as defined in Section 10-110, for one day
18 for fishing in Lake Michigan the fee is $5. This license
19 exempts the licensee from the salmon stamp requirement.
20 (b) All non-residents before using any commercial
21 fishing device shall obtain a non-resident commercial fishing
22 license, the fee for which shall be $150. Each and every
23 commercial device shall be licensed by a non-resident
24 commercial fisherman as follows:
25 (1) For each 100 lineal yards, or fraction thereof,
26 of seine (excluding minnow seines) the fee is $36.
27 (2) For each device license to fish with a 100 hook
28 trot line device, basket trap, hoop net, or dip net the
29 fee is $6.
30 (3) For each 100 lineal yards, or fraction thereof,
31 of trammel net the fee is $36.
32 (4) For each 100 lineal yards, or fraction thereof,
33 of gill net the fee is $36.
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1 All persons required to have and failing to have the
2 license provided for in subsection (a) of this Section shall
3 be fined under Section 20-35 of this Code. Each person
4 required to have and failing to have the licenses required
5 under subsection (b) of this Section shall be guilty of a
6 Class B misdemeanor.
7 All licenses provided for in this Section shall expire on
8 March 31 of each year; except that licenses for sport fishing
9 devices or spearing devices for a period not to exceed 10
10 consecutive days fishing in the State of Illinois as provided
11 in subsection (a) of this Section shall expire at midnight on
12 the tenth day after issued, not counting the day issued.
13 (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
14 (515 ILCS 5/20-115) (from Ch. 56, par. 20-115)
15 Sec. 20-115. Form of licenses, stamps, and permits.
16 Licenses, salmon stamps, inland trout stamps, and permits
17 authorized to be issued under this Code shall be prepared by
18 the Department and shall be in the form prescribed by the
19 Department. In addition, at the time of issuance, the
20 information required on each license shall be completed on
21 it by the issuing agent or his or her sub-agent and each
22 license shall be signed by the licensee, or initialed by the
23 designated purchaser and then signed immediately upon receipt
24 by the licensee, and counter-signed by the issuing agent or
25 his or her sub-agent. All licenses shall be supplied by the
26 Department, subject to any rules and regulations as the
27 Department may prescribe. Any license not properly prepared,
28 obtained, and signed as required by this Code shall be void.
29 (Source: P.A. 87-833; 88-91.)
30 (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
31 Sec. 20-120. Designation of agents; liability; bond. The
32 Department of Natural Resources has the authority to
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1 designate agents to sell licenses, stamps, and permits on
2 behalf of the Department. Any person receiving licenses from
3 the Department for sale as provided in this Section (i) shall
4 execute and deliver receipts for the licenses; (ii) shall, on
5 dates specified by the Department, report in writing to the
6 Department the number and kinds of licenses sold; and (iii)
7 shall, with the report, make remittance to the Department
8 covering the amounts due it from the sales. Failure on the
9 part of any clerk or agent to fully comply with the
10 provisions of this Code, including administrative rules,
11 shall be justification for the Department to cancel or
12 withdraw the issuance of licenses through that clerk or
13 agent. A salmon stamp shall be deemed a license for the
14 purposes of this Section.
15 (a) Any person appointed or designated by the Department
16 including any county, city, village, township, or
17 incorporated town clerk issuing licenses provided for in this
18 Code may add the fees provided in paragraph (b) as the fee
19 for issuing the licenses. These clerks, however, shall remit
20 to the treasurer of the political subdivision of which he or
21 she is an officer or employee, the added fees or any portion
22 of the added fees he or she collects provided in paragraph
23 (b). Issuing fees may be divided between the clerks and their
24 appointed subagents other than employees of the clerk's
25 office, but in no case may any clerk or subagent charge an
26 issuing fee or fees totaling more than the issuing fee set
27 out in this Section.
28 (b) Any person authorized to issue licenses under
29 subsection (a) may add to the license fee a fee of $.75 in
30 the case of Sportsmen's Combination Licenses or nonresident
31 hunting licenses, and $.50 in the case of all other licenses,
32 permits, and stamps.
33 (c) No person or subagent of any county, city, village,
34 township, or incorporated town clerk may charge a service fee
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1 for issuing licenses provided for in this Code, and the
2 charging of fees for issuing licenses in excess of the fees
3 authorized is a petty offense.
4 (d) All fees, less issuing fees, collected from the sale
5 of licenses and permits and not remitted to the Department as
6 provided in this Section shall be deemed to have been
7 embezzled and the person or officer responsible for the
8 remittance is subject to prosecution. No person handling or
9 selling licenses is required to remit for any license now or
10 hereafter stolen, by means of forcible entry, or destroyed by
11 a fire in the premises where the licenses are kept, if he or
12 she submits an affidavit to the Department describing the
13 circumstances of the theft or cause of the destruction and
14 listing in the affidavit the type and numbers of the licenses
15 so stolen or destroyed.
16 (e) Within 30 days after the expiration of the time in
17 which any class of license is usable, payment for licenses
18 sold shall be made in full to the Department and persons
19 possessing unused license forms shall return them to the
20 Department prepaid.
21 (f) No person is permitted to make deductions from
22 remittances sent to the Department for postage or for the
23 cost of, or fees for, drafts or money orders.
24 (g) Any county, city, village, township, or incorporated
25 town clerk handling or selling licenses as provided in this
26 Section is liable to the State personally. All other persons
27 designated or appointed by the Department to handle or sell
28 licenses as provided in this Section shall, before receiving
29 any licenses for sale, file with the Department a bond in an
30 amount specified by the Department on a form to be approved
31 by and with a surety or sureties satisfactory to the
32 Department conditioned upon the person or persons paying to
33 the State of Illinois all monies becoming due by reason of
34 the sale of the licenses.
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1 (h) No person shall falsify, alter, or change in any
2 manner, or loan or transfer to another, any license, permit,
3 or tag issued under this Section or falsify any records
4 required by this Code or counterfeit or duplicate any form of
5 license, permit, or tag provided for by this Code. Any person
6 who violates this subsection shall be subject to the penalty
7 provisions of Section 20-35 of this Code.
8 (Source: P.A. 89-445, eff. 2-7-96.)
9 Section 10. The Wildlife Code is amended by changing
10 Sections 2.6, 2.26, 3.2, 3.36, and 3.37 as follows:
11 (520 ILCS 5/2.6) (from Ch. 61, par. 2.6)
12 Sec. 2.6. Pheasant season; limits.
13 It shall be unlawful for any person to take cock
14 pheasants except with shotgun or bow and arrow during the
15 open season which will be set annually by the Director
16 between the dates of October 15--January 31st, both
17 inclusive. Dogs may be used in hunting with either shotgun or
18 bow and arrow.
19 It shall be unlawful to take or possess more than the
20 daily limit and possession limit of cock pheasants. The
21 daily and possession limits for cock pheasants shall be set
22 annually by the Director of the Department and shall not
23 exceed a daily limit of 3 and a possession limit of 6, except
24 as provided by Sections 1.13, 3.27 and 3.28 of this Act.
25 It is unlawful to remove plumage of pheasants in the
26 field or while being transported from the field to one's home
27 or to a commercial preservation facility to remove the heads
28 at any time when dressed for storage.
29 It shall be unlawful to take or possess hen pheasants at
30 any time, except as provided in Section 2.4, 3.23 or 3.27.
31 The provisions of this Section are subject to
32 modification by administrative rule.
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1 (Source: P.A. 86-158; 87-135; 87-798.)
2 (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
3 Sec. 2.26. Any person attempting to take deer shall
4 first obtain a "Deer Hunting Permit" in accordance with
5 prescribed regulations set forth in an Administrative Rule.
6 Deer Hunting Permits shall be issued by the Department. The
7 fee for a Deer Hunting Permit to take deer with either bow
8 and arrow or gun shall not exceed $15.00 for residents of the
9 State. The Department may by administrative rule provide for
10 non-resident deer hunting permits for which the fee will not
11 exceed $100 except as provided below for non-resident
12 landowners. Permits shall be issued without charge to:
13 (a) Illinois landowners residing in Illinois who
14 own at least 40 acres of Illinois land and wish to hunt
15 their land only,
16 (b) resident tenants of at least 40 acres of
17 commercial agricultural land where they will hunt, and
18 (c) shareholders of a corporation which owns at
19 least 40 acres of land in a county in Illinois who wish
20 to hunt on the corporation's land only. One permit shall
21 be issued without charge to one shareholder for each 40
22 acres of land owned by the corporation in a county;
23 however, the number of permits issued without charge to
24 shareholders of any corporation in any county shall not
25 exceed 15.
26 Bona fide landowners or tenants who do not wish to hunt
27 only on the land they own, rent or lease or shareholders who
28 do not wish to hunt only on the land owned by the corporation
29 shall be charged the same fee as the applicant who is not a
30 landowner, tenant or shareholder. Nonresidents of Illinois
31 who own at least 40 acres of land and wish to hunt on their
32 land only shall be charged a fee set by administrative rule.
33 The method for obtaining these permits shall be prescribed by
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1 administrative rule.
2 The deer hunting permit issued without fee shall be valid
3 on all farm lands which the person to whom it is issued owns,
4 leases or rents, except that in the case of a permit issued
5 to a shareholder, the permit shall be valid on all lands
6 owned by the corporation in the county.
7 The standards and specifications for use of guns and bow
8 and arrow for deer hunting shall be established by
9 administrative rule.
10 No person may have in his possession any other firearm
11 not authorized by administrative rule for a specific hunting
12 season or sidearm when taking deer by the use of either a
13 shotgun, bow and arrow or muzzle loading rifle.
14 Persons having a firearm deer hunting permit shall be
15 permitted to take deer only during the period from 1/2 hour
16 before sunrise to sunset, and only during those days for
17 which an open season is established for the taking of deer by
18 use of shotgun or muzzle loading rifle.
19 Persons having an archery deer hunting permit shall be
20 permitted to take deer only during the period from 1/2 hour
21 before sunrise to 1/2 hour after sunset, and only during
22 those days for which an open season is established for the
23 taking of deer by use of bow and arrow.
24 It shall be unlawful for any person to take deer by use
25 of dogs, horses, automobiles, aircraft or other vehicles, or
26 by the use of salt or bait of any kind. An area is
27 considered as baited during the presence of and for 10
28 consecutive days following the removal of bait.
29 It shall be unlawful to possess or transport any wild
30 deer which has been injured or killed in any manner upon a
31 public highway or public right-of-way of this State unless
32 exempted by administrative rule.
33 Persons hunting deer must have gun unloaded or bow and
34 arrow cased, unstrung or otherwise made inoperable by a
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1 locking device during hours when deer hunting is unlawful.
2 It shall be unlawful for any person, having taken the
3 legal limit of deer by gun, to further participate with gun
4 in any deer hunting party.
5 It shall be unlawful for any person, having taken the
6 legal limit of deer by bow and arrow, to further participate
7 with bow and arrow in any deer hunting party.
8 The Department may prohibit upland game hunting during
9 the gun deer season by administrative rule.
10 It shall be legal for handicapped persons, as defined in
11 Section 2.33, to utilize a crossbow device, as defined in
12 Department rules, to take deer.
13 Any person who violates any of the provisions of this
14 Section, including administrative rules, shall be guilty of a
15 Class B misdemeanor.
16 (Source: P.A. 87-1015; 87-1243; 87-1268; 88-45; 88-416;
17 88-670, eff. 12-2-94.)
18 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
19 Sec. 3.2. Hunting license; application; instruction.
20 Before the Department or any county, city, village, township,
21 incorporated town clerk or his duly designated agent or any
22 other person authorized or designated by the Department to
23 issue hunting licenses shall issue a hunting license to any
24 person, the person shall file his application with the
25 Department or other party authorized to issue licenses on a
26 form provided by the Department and further give definite
27 proof of identity and place of legal residence. Each clerk
28 designating agents to issue licenses and stamps shall furnish
29 the Department, within 10 days following the appointment, the
30 names and mailing addresses of the agents. Each clerk or his
31 duly designated agent shall be authorized to sell licenses
32 and stamps only within the territorial area for which he was
33 elected or appointed. No duly designated agent is authorized
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1 to furnish licenses or stamps for issuance by any other
2 person or business establishment. Each application shall be
3 executed and sworn to and shall set forth the name and
4 description of the applicant and place of residence.
5 No hunting license shall be issued to any person born on
6 or after January 1, 1980 unless he presents the person
7 authorized to issue the license evidence that he has held a
8 hunting license issued by the State of Illinois or another
9 state in a prior year, or a certificate of competency as
10 provided in this Section. Persons under 16 years of age may
11 be issued a Lifetime Hunting or Sportsmen's Combination
12 License as provided under Section 20-45 of the Fish and
13 Aquatic Life Code but shall not be entitled to hunt unless
14 they have a certificate of competency as provided in this
15 Section and they shall have the certificate in their
16 possession while hunting.
17 The Department of Natural Resources shall authorize
18 personnel of the Department or certified volunteer
19 instructors to conduct courses, of not less than 10 hours in
20 length, in firearms and hunter safety, which may include
21 training in bow and arrow safety, at regularly specified
22 intervals throughout the State. Persons successfully
23 completing the course shall receive a certificate of
24 competency. The Department of Natural Resources may further
25 cooperate with any reputable association or organization in
26 establishing courses if the organization has as one of its
27 objectives the promotion of safety in the handling of
28 firearms or bow and arrow.
29 The Department of Natural Resources shall designate any
30 person found by it to be competent to give instruction in
31 the handling of firearms, hunter safety, and bow and arrow.
32 The persons so appointed shall give the course of instruction
33 and upon the successful completion shall issue to the person
34 instructed a certificate of competency in the safe handling
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1 of firearms, hunter safety, and bow and arrow. No charge
2 shall be made for any course of instruction except for
3 materials or ammunition consumed. The Department of Natural
4 Resources shall furnish information on the requirements of
5 hunter safety education programs to be distributed free of
6 charge to applicants for hunting licenses by the persons
7 appointed and authorized to issue licenses. Funds for the
8 conducting of firearms and hunter safety courses shall be
9 taken from the fee charged for the Firearm Owners
10 Identification Card.
11 The fee for a hunting license to hunt all species for a
12 resident of Illinois is $7. For residents age 65 or older,
13 the fee is one-half of the fee charged for a hunting license
14 to hunt all species for a resident of Illinois. Nonresidents
15 shall be charged $50 for a hunting license.
16 Upon submitting suitable evidence of legal residence in
17 any other state, Nonresidents may be issued a nonresident
18 hunting license for a period not to exceed 10 consecutive
19 days' hunting in the State and shall be charged a fee of $28.
20 A special nonresident hunting license authorizing a
21 nonresident to take game birds by hunting on a game breeding
22 and hunting preserve area only, established under Section
23 3.27, shall be issued upon proper application being made and
24 payment of a fee equal to that for a resident hunting
25 license. The expiration date of this license shall be March
26 31 of each year.
27 Each applicant for a State Migratory Waterfowl Stamp,
28 regardless of his residence or other condition, shall pay a
29 fee of $10 and shall receive a stamp. Except as provided
30 under Section 20-45 of the Fish and Aquatic Life Code, the
31 stamp shall be signed by the person or affixed to his license
32 or permit in a space designated by the Department for that
33 purpose.
34 Each applicant for a State Habitat Stamp, regardless of
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1 his residence or other condition, shall pay a fee of $5 and
2 shall receive a stamp. Except as provided under Section 20-45
3 of the Fish and Aquatic Life Code, the stamp shall be signed
4 by the person or affixed to his license or permit in a space
5 designated by the Department for that purpose.
6 Nothing in this Section shall be construed as to require
7 the purchase of more than one State Habitat Stamp by any
8 person in any one license year.
9 The Department shall furnish the holders of hunting
10 licenses and stamps with an insignia as evidence of
11 possession of license, or license and stamp, as the
12 Department may consider advisable. The insignia shall be
13 exhibited and used as the Department may order.
14 All other hunting licenses and all State stamps shall
15 expire upon March 31 of each year.
16 Every person holding any license, permit, or stamp issued
17 under the provisions of this Act shall have it in his
18 possession for immediate presentation for inspection to the
19 officers and authorized employees of the Department, any
20 sheriff, deputy sheriff, or any other peace officer making a
21 demand for it. This provision shall not apply to Department
22 owned or managed sites where it is required that all hunters
23 deposit their license, permit, or Firearm Owner's
24 Identification Card at the check station upon entering the
25 hunting areas.
26 (Source: P.A. 88-45; 88-91; 89-75, eff. 1-1-96; 89-338, eff.
27 1-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96.)
28 (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
29 Sec. 3.36. (a) Whenever a license or permit is issued
30 to any person under this Act, and the holder thereof is found
31 guilty of any misrepresentation in obtaining such license or
32 permit or of a violation of any of the provisions of this
33 Act, including administrative rules, his license or permit
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1 may be revoked by the Department, and the Department may
2 refuse to issue any permit or license to such person and may
3 suspend the person from engaging in the activity requiring
4 the permit or license for a period of time not to exceed 5
5 years following such revocation.
6 Department revocation procedures shall be established by
7 Administrative rule.
8 (b) Whenever any person who has not been issued a
9 license or a permit under the provisions of this Code is
10 found guilty of a violation of the provisions of this Code,
11 including administrative rules, the Department may refuse to
12 issue any permit or license to that person, and suspend that
13 person from engaging in the activity requiring the permit or
14 license for a period of time not to exceed 5 years.
15 (c) Any person who knowingly or intentionally violates
16 any of the provisions of this Act, including administrative
17 rules, during such period when his license or permit is
18 revoked or denied by virtue of this Section or during the
19 time he is suspended under subsection (b), shall be guilty of
20 a Class A misdemeanor.
21 (d) Licenses and permits authorized to be issued under
22 the provisions of this Act shall be prepared by the
23 Department and be in such form as prescribed by the
24 Department. The information required on each license shall be
25 completed thereon by the issuing agent or his sub-agent at
26 the time of issuance and each license shall be signed by the
27 licensee, or initialed by the designated purchaser and then
28 signed immediately upon receipt by the licensee, and
29 countersigned by the issuing agent or his sub-agent at the
30 time of issuance. All such licenses shall be supplied by the
31 Department, subject to such rules and regulations as the
32 Department may prescribe. Any license not properly prepared,
33 obtained and signed as required by this Act shall be void.
34 (Source: P.A. 87-798.)
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1 (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
2 Sec. 3.37. The Department of Natural Resources has the
3 authority to designate agents to sell licenses, stamps and
4 permits on behalf of the Department. Any person receiving
5 licenses from the Department for sale as provided for in this
6 Section, shall execute and deliver receipts therefor; and
7 shall on dates specified by the Department report in writing
8 to the Department the number and kind of licenses sold, and
9 shall, with such reports, make remittances to the Department
10 covering the amounts received from such sales. Failure on the
11 part of any clerk or agent to fully comply with this Act,
12 including administrative rules, shall be justification for
13 the Department to cancel or withdraw the issuance of licenses
14 through such clerks or agents. A Federal Migratory Bird
15 Hunting and Conservation Stamp shall be deemed a license for
16 the purpose of this Section. Any person authorized by the
17 Department including any county, city, village, township, or
18 incorporated town clerk issuing licenses, permits or stamps
19 provided for in this Act, may add the following as the fees
20 for issuing such licenses: 75 cents in the case of
21 Sportsmen's Combination Licenses or nonresident hunting
22 licenses, and 50 cents in the case of all other licenses,
23 permits and stamps. However, such clerks shall remit to the
24 treasurer of the political subdivision of which he is an
25 officer or employee, the added fees or any portion thereof he
26 or she collects provided in this Section. Issuing fees may
27 be divided between such clerks and their appointed subagents
28 other than employees of the clerk's office, but in no case
29 may any clerk or subagent charge an issuing fee or fees
30 totaling more than the issuing fee set out in this Section.
31 No person, or subagent of any county, city, village, township
32 or incorporated town clerk may charge a service fee for
33 issuing licenses provided for in this Act, and the charging
34 of fees for issuing such licenses in excess of the fees
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1 authorized is a petty offense. All fees, less issuing fees,
2 collected from the sale of licenses and permits and not
3 remitted to the Department as provided in this Section, shall
4 be deemed to have been embezzled and the person or officer
5 responsible for such remittance is subject to prosecution.
6 (Source: P.A. 89-445, eff. 2-7-96.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.