093_HB1094eng

 
HB1094 Engrossed                     LRB093 06802 BDD 06943 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 changing
 5    Sections 3.2, 3.27, 3.29, and 3.30 as follows:

 6        (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
 7        Sec.  3.2.  Hunting  license;  application;  instruction.
 8    Before the Department or any county, city, village, township,
 9    incorporated town clerk or his duly designated agent  or  any
10    other  person  authorized  or designated by the Department to
11    issue hunting licenses shall issue a hunting license  to  any
12    person,  the  person  shall  file  his  application  with the
13    Department or other party authorized to issue licenses  on  a
14    form  provided  by  the  Department and further give definite
15    proof of identity and place of legal residence.   Each  clerk
16    designating agents to issue licenses and stamps shall furnish
17    the Department, within 10 days following the appointment, the
18    names and mailing addresses of the agents.  Each clerk or his
19    duly  designated  agent  shall be authorized to sell licenses
20    and stamps only within the territorial area for which he  was
21    elected or appointed.  No duly designated agent is authorized
22    to  furnish  licenses  or  stamps  for  issuance by any other
23    business establishment.  Each application shall  be  executed
24    and  sworn to and shall set forth the name and description of
25    the applicant and place of residence.
26        No hunting license shall be issued to any person born  on
27    or  after  January  1,  1980  unless  he  presents the person
28    authorized to issue the license evidence that he has  held  a
29    hunting  license  issued  by the State of Illinois or another
30    state in a prior year, or  a  certificate  of  competency  as
31    provided  in this Section.  Persons under 16 years of age may
 
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 1    be issued  a  Lifetime  Hunting  or  Sportsmen's  Combination
 2    License  as  provided  under  Section  20-45  of the Fish and
 3    Aquatic Life Code but shall not be entitled  to  hunt  unless
 4    they  have  a  certificate  of competency as provided in this
 5    Section  and  they  shall  have  the  certificate  in   their
 6    possession while hunting.
 7        The  Department  of  Natural  Resources  shall  authorize
 8    personnel   of   the   Department   or   certified  volunteer
 9    instructors to conduct courses, of not less than 10 hours  in
10    length,  in  firearms  and  hunter  safety, which may include
11    training in bow and  arrow  safety,  at  regularly  specified
12    intervals   throughout   the   State.   Persons  successfully
13    completing  the  course  shall  receive  a   certificate   of
14    competency.   The Department of Natural Resources may further
15    cooperate with any reputable association or  organization  in
16    establishing  courses  if  the organization has as one of its
17    objectives  the  promotion  of  safety  in  the  handling  of
18    firearms or bow and arrow.
19        The Department of Natural Resources shall  designate  any
20    person  found  by  it to be competent  to give instruction in
21    the handling of firearms, hunter safety, and bow  and  arrow.
22    The persons so appointed shall give the course of instruction
23    and  upon the successful completion shall issue to the person
24    instructed a certificate of competency in the  safe  handling
25    of  firearms,  hunter  safety,  and bow and arrow.  No charge
26    shall be made  for  any  course  of  instruction  except  for
27    materials  or ammunition consumed.  The Department of Natural
28    Resources shall furnish information on  the  requirements  of
29    hunter  safety  education  programs to be distributed free of
30    charge to applicants for  hunting  licenses  by  the  persons
31    appointed  and  authorized  to issue licenses.  Funds for the
32    conducting of firearms and hunter  safety  courses  shall  be
33    taken   from   the   fee   charged  for  the  Firearm  Owners
34    Identification Card.
 
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 1        The fee for a hunting license to hunt all species  for  a
 2    resident  of  Illinois is $7.  For residents age 65 or older,
 3    the fee is one-half of the fee charged for a hunting  license
 4    to  hunt all species for a resident of Illinois. Nonresidents
 5    shall be charged $50 for a hunting license.
 6        Nonresidents may be issued a nonresident hunting  license
 7    for  a  period  not to exceed 10 consecutive days' hunting in
 8    the State and shall be charged a fee of $28.
 9        A  special  nonresident  hunting  license  authorizing  a
10    nonresident to take game birds by hunting on a game  breeding
11    and  hunting  preserve  area  only, established under Section
12    3.27, shall be issued upon proper application being made  and
13    payment  of  a  fee  equal  to  that  for  a resident hunting
14    license.  The expiration date of this license shall be on the
15    same date March 31  of  each  year  that  game  breeding  and
16    hunting preserve area licenses expire.
17        Each  applicant  for  a  State Migratory Waterfowl Stamp,
18    regardless of his residence or other condition, shall  pay  a
19    fee  of  $10  and  shall  receive a stamp. Except as provided
20    under Section 20-45 of the Fish and Aquatic  Life  Code,  the
21    stamp shall be signed by the person or affixed to his license
22    or  permit  in  a space designated by the Department for that
23    purpose.
24        Each applicant for a State Habitat Stamp,  regardless  of
25    his  residence  or other condition, shall pay a fee of $5 and
26    shall receive a stamp. Except as provided under Section 20-45
27    of the Fish and Aquatic Life Code, the stamp shall be  signed
28    by  the person or affixed to his license or permit in a space
29    designated by the Department for that purpose.
30        Nothing in this Section shall be construed as to  require
31    the  purchase  of  more  than  one State Habitat Stamp by any
32    person in any one license year.
33        The Department  shall  furnish  the  holders  of  hunting
34    licenses   and   stamps  with  an  insignia  as  evidence  of
 
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 1    possession  of  license,  or  license  and  stamp,   as   the
 2    Department  may  consider  advisable.   The insignia shall be
 3    exhibited and used as the Department may order.
 4        All other hunting licenses and  all  State  stamps  shall
 5    expire upon March 31 of each year.
 6        Every person holding any license, permit, or stamp issued
 7    under  the  provisions  of  this  Act  shall  have  it in his
 8    possession for immediate presentation for inspection  to  the
 9    officers  and  authorized  employees  of  the Department, any
10    sheriff, deputy sheriff, or any other peace officer making  a
11    demand  for it.  This provision shall not apply to Department
12    owned or managed sites where it is required that all  hunters
13    deposit   their   license,   permit,   or   Firearm   Owner's
14    Identification  Card  at  the check station upon entering the
15    hunting areas.
16    (Source: P.A.  89-75,  eff.  1-1-96;  89-338,  eff.   1-1-96;
17    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  90-225,  eff.
18    7-25-97.)

19        (520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
20        Sec. 3.27.  Any person owning, holding or controlling, by
21    lease,  which  possession  must  be  for  a term of 5 or more
22    years, any contiguous tract of land having  an  area  of  not
23    less  than  200  acres, and not more than 1280 acres, with at
24    least 100 acres of suitable wildlife habitat, who desires  to
25    establish  a  game  breeding  and  hunting  preserve area, to
26    propagate,  preserve  and  hunt   game   birds   shall   make
27    application  to  the  Department  for  a  license  as  herein
28    provided.  Such  application  shall be made under oath of the
29    applicant or under oath of one of its principal  officers  if
30    the  applicant is an association, club or corporation. In the
31    case of releasing and harvesting hand  reared  mallards,  the
32    tract  of  land,  with the approval of the Department, may be
33    smaller than that required in this Section but in  all  other
 
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 1    respects  the  applicant  shall  conform to the provisions of
 2    this Act. The application shall be accompanied by  a  license
 3    fee  of not to exceed $100 for a Class A license or a license
 4    fee not to exceed $200 for a Class B license.
 5        Every licensee under this Section shall release not  less
 6    than 250 Bobwhite quail or pheasants each season.
 7        Upon  receipt  of  such application, the Department shall
 8    inspect  the  proposed  licensed  area  described   in   such
 9    application  and the premises and facilities where game birds
10    are to be propagated and the cover for  game  birds  and  the
11    ability  of  the  applicant  to  operate  a  property of this
12    character. If the Department finds that the  area  meets  the
13    requirements  of all applicable laws and administrative rules
14    and that the game birds are reasonably  healthy  and  disease
15    free;  and  that the issuing of the license will otherwise be
16    in the public interest;  the  Department  shall  approve  the
17    application  and  issue  the license for the operation of the
18    property described in the application  with  the  rights  and
19    subject to the limitations in this Act prescribed.
20        All  game  breeding  and  hunting  preserve area licenses
21    expire on April 30 of each year.
22        Upon receipt of such license, the licensee shall promptly
23    post such licensed areas at intervals of not  more  than  500
24    feet  with  signs  to  be  prescribed  by the Department. The
25    boundaries  of  such  licensed  game  breeding  and   hunting
26    preserve  areas  shall  also be clearly defined by natural or
27    artificial boundaries and by signs.
28    (Source: P.A. 85-152.)

29        (520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
30        Sec. 3.29.  For the purpose of this Act, game birds shall
31    be released upon licensed game breeding and hunting  preserve
32    areas  in  a  manner  satisfactory  to  the  Department.  The
33    licensee  shall  keep  a  register on forms prescribed by the
 
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 1    Department which shall clearly show the number  and  kind  of
 2    game  birds released and propagated each year, the month date
 3    of release, and also the number and kind of game birds taken,
 4    the month date when taken and the disposition  made  of  such
 5    game  birds,  and  shall submit such reports under oath as to
 6    game birds released, propagated and taken, to the  Department
 7    not later than 10 days following the end of each month during
 8    the  season.  The Department shall keep an adequate record of
 9    the number of birds released and propagated on each  licensed
10    game  breeding  and hunting preserve area in each year and of
11    the birds taken.
12        The Department shall prepare special  tags  suitable  for
13    use  upon  legs  of game birds, including hand reared mallard
14    ducks, which tags shall be of a type  not  removable  without
15    breaking  and  mutilating  the  tag,  such tags to be used to
16    designate birds taken  upon  a  licensed  game  breeding  and
17    hunting preserve area, and such tag shall remain upon the leg
18    of  such  game  bird  until such bird is finally prepared for
19    consumption. Those licensed areas which dress game birds  may
20    affix  the tag to the bag in which the dressed game birds are
21    bird is contained. Upon application and payment of a  fee  of
22    10  cents  for  each  such  tag, the Department shall furnish
23    licensees with such tags; provided that the Department  shall
24    not  in  any  year  furnish  any licensee a number of tags in
25    excess of the number of game  birds  which  may  lawfully  be
26    taken  from  such licensed area as hereinbefore provided. All
27    game birds harvested on licensed areas  are  to  be  properly
28    banded on the same day they are taken.
29    (Source: P.A. 84-150.)

30        (520 ILCS 5/3.30) (from Ch. 61, par. 3.30)
31        Sec.  3.30.   Game birds may be taken upon a Class A game
32    breeding and hunting preserve area  only  during  the  period
33    from  September 1st to April 15th, or as otherwise determined
 
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 1    by the Director through the  issuance  of  an  Administrative
 2    Rule,  of  each year, both dates inclusive. Game birds may be
 3    taken upon a Class B game breeding and hunting preserve  area
 4    all year.
 5        Before  any  person  shall  take  or attempt to take game
 6    birds upon such licensed game breeding and  hunting  preserve
 7    areas,  he shall first secure a hunting license in accordance
 8    with this Act.
 9    (Source: P.A. 85-152.)