State of Illinois
90th General Assembly
Legislation

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[ Introduced ][ Enrolled ][ Senate Amendment 001 ]

90_SB0580eng

      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.
                                                     LRB9003244DJpk
SB580 Engrossed                                LRB9003244DJpk
 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
SB580 Engrossed             -2-                LRB9003244DJpk
 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
SB580 Engrossed             -4-                LRB9003244DJpk
 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
SB580 Engrossed             -5-                LRB9003244DJpk
 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.
SB580 Engrossed             -6-                LRB9003244DJpk
 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
SB580 Engrossed             -7-                LRB9003244DJpk
 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
SB580 Engrossed             -8-                LRB9003244DJpk
 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.
SB580 Engrossed             -10-               LRB9003244DJpk
 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
SB580 Engrossed             -11-               LRB9003244DJpk
 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
SB580 Engrossed             -12-               LRB9003244DJpk
 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.

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