Full Text of HB4721 96th General Assembly
HB4721ham001 96TH GENERAL ASSEMBLY
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Agriculture & Conservation Committee
Filed: 2/9/2010
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LRB096 15792 JDS 35612 a |
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| AMENDMENT TO HOUSE BILL 4721
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| AMENDMENT NO. ______. Amend House Bill 4721 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Fish and Aquatic Life Code is amended by | 5 |
| changing Section 20-15 as follows: | 6 |
| (515 ILCS 5/20-15) (from Ch. 56, par. 20-15) | 7 |
| Sec. 20-15. Owners fishing own land; exemption. The owners | 8 |
| or bona fide
tenants of lands, actually residing on the lands | 9 |
| and their children,
parents, brothers, and sisters actually | 10 |
| permanently residing with them have
the right to take with a | 11 |
| sport fishing device fish of the
kind permitted to be
taken or | 12 |
| caught under this Code from waters lying upon or flowing over | 13 |
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lands without procuring licenses to do so. This exemption | 14 |
| does not apply to
club lakes, organizational lakes, or lake | 15 |
| developments. Any individual on
active duty with the armed | 16 |
| forces of the United States who is now and was
at the time of |
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| entering the Armed Forces a resident of Illinois, who
entered | 2 |
| the Armed Forces from this State, and who is presently on | 3 |
| ordinary
or emergency leave from the Armed Forces has the right | 4 |
| to catch or take with a sport
fishing device fish permitted to | 5 |
| be taken or caught by this Code without procuring a
license. | 6 |
| Any individual exempt from licensure under this Section has | 7 |
| only
the authority and privileges in taking fish as are | 8 |
| provided by this Code.
Fishing by an exempt individual may be | 9 |
| done only during seasons when
it is lawful. | 10 |
| (Source: P.A. 89-66, eff. 1-1-96.) | 11 |
| Section 10. The Wildlife Code is amended by changing | 12 |
| Section 3.1 as follows: | 13 |
| (520 ILCS 5/3.1) (from Ch. 61, par. 3.1) | 14 |
| Sec. 3.1. License and stamps required. | 15 |
| (a) Before any person shall take or attempt to take any of | 16 |
| the species
protected by Section 2.2 for which an open season | 17 |
| is established under this
Act, he shall first have procured and | 18 |
| possess a valid hunting license, except as provided in Section | 19 |
| 3.1-5 of this Code. | 20 |
| Before any person 16 years of age or older shall take or
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| attempt to take any bird of the species defined as migratory | 22 |
| waterfowl by
Section 2.2, including coots, he shall first have | 23 |
| procured a State
Migratory Waterfowl Stamp. | 24 |
| Before any person 16 years of age or older takes, attempts |
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LRB096 15792 JDS 35612 a |
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| to take, or
pursues any species of wildlife protected by this | 2 |
| Code, except migratory
waterfowl, coots, and hand-reared birds | 3 |
| on licensed game breeding and hunting
preserve areas and state | 4 |
| controlled pheasant hunting areas, he or she shall
first obtain | 5 |
| a State Habitat Stamp. Disabled veterans and former prisoners | 6 |
| of
war shall not be required to obtain State Habitat Stamps. | 7 |
| Any person who
obtained a lifetime license before January 1, | 8 |
| 1993, shall not be required to
obtain State Habitat Stamps. | 9 |
| Income from the sale of State Furbearer Stamps and
State | 10 |
| Pheasant Stamps received after the effective date of this | 11 |
| amendatory Act
of 1992 shall be deposited into the State | 12 |
| Furbearer Fund and State Pheasant
Fund, respectively. | 13 |
| Before any person 16 years of age or older shall take, | 14 |
| attempt to
take, or sell the green hide of any mammal of the | 15 |
| species defined as
fur-bearing mammals by Section 2.2 for which | 16 |
| an open season is established
under this Act, he shall first | 17 |
| have procured a State Habitat Stamp. | 18 |
| (b) Before any person who is a non-resident of the State of | 19 |
| Illinois
shall take or attempt to take any of the species | 20 |
| protected by Section
2.2
for which an open season is | 21 |
| established under this Act, he shall,
unless specifically | 22 |
| exempted by law, first procure a non-resident
license as | 23 |
| provided by this Act for the taking of any wild game. | 24 |
| Before a nonresident shall take or attempt to take | 25 |
| white-tailed deer,
he shall first have procured a Deer Hunting | 26 |
| Permit as defined in Section
2.26 of this Code. |
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| Before a nonresident shall take or attempt to take wild | 2 |
| turkeys, he
shall have procured a Wild Turkey Hunting Permit as | 3 |
| defined in Section 2.11
of this Code. | 4 |
| (c) The owners residing on, or bona fide tenants of, farm | 5 |
| lands and their
children, parents, brothers, and sisters | 6 |
| actually permanently residing on
their lands shall have the | 7 |
| right to hunt any of the species protected by
Section 2.2 upon | 8 |
| their lands and waters without procuring hunting licenses;
but | 9 |
| the hunting shall be done only during periods of time and with | 10 |
| devices
and by methods as are permitted by this Act. Any person | 11 |
| on active duty
with the Armed Forces of the United States who | 12 |
| is now and who was at the
time of entering the Armed Forces a | 13 |
| resident of Illinois and who entered
the Armed Forces from this | 14 |
| State, and who is presently on ordinary or emergency leave
from | 15 |
| the Armed Forces, and any resident of Illinois who is disabled | 16 |
| may hunt
any of the species protected by Section 2.2 without | 17 |
| procuring a hunting
license, but the hunting shall be done only | 18 |
| during such periods of time and
with devices and by methods as | 19 |
| are permitted by this Act. For the purpose of
this Section a | 20 |
| person is disabled when that person has a Type 1 or Type 4,
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| Class 2 disability as defined in Section 4A of the Illinois | 22 |
| Identification Card
Act. For purposes of this Section, an | 23 |
| Illinois Disabled Person Identification
Card issued pursuant | 24 |
| to the Illinois Identification Card Act indicating that
the | 25 |
| person named has a Type 1 or Type 4, Class 2 disability shall | 26 |
| be adequate
documentation of the disability. |
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| (d) A courtesy non-resident license, permit, or stamp for | 2 |
| taking game
may be issued at the
discretion of the Director, | 3 |
| without fee, to any person officially employed
in the game and | 4 |
| fish or conservation department of another state or of the
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| United States who is within the State to assist or consult or | 6 |
| cooperate
with the Director; or to the officials of other | 7 |
| states, the United States,
foreign countries, or officers or | 8 |
| representatives of conservation
organizations or publications | 9 |
| while in the State as guests of the Governor
or Director. The | 10 |
| Director may provide to nonresident participants and
official | 11 |
| gunners at field trials an exemption from licensure while
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| participating in a field trial. | 13 |
| (e) State Migratory Waterfowl Stamps shall be required for | 14 |
| those persons
qualifying under subsections (c) and (d) who | 15 |
| intend to hunt migratory
waterfowl, including coots, to the | 16 |
| extent that hunting licenses of the
various types are | 17 |
| authorized and required by this Section for those persons. | 18 |
| (f) Registration in the U.S. Fish and Wildlife Migratory | 19 |
| Bird Harvest
Information Program shall be required for those | 20 |
| persons who are required to
have a hunting license before | 21 |
| taking
or attempting to take any bird of the species defined as | 22 |
| migratory game birds
by Section 2.2, except that this | 23 |
| subsection shall not apply to crows in this
State
or | 24 |
| hand-reared birds on licensed game breeding and hunting | 25 |
| preserve areas, for
which an open season is established by this | 26 |
| Act. Persons registering with the
Program must carry proof of |
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| registration with them while migratory bird
hunting. | 2 |
| The Department shall publish suitable prescribed | 3 |
| regulations pertaining to
registration by the migratory bird | 4 |
| hunter in the U.S. Fish and Wildlife Service
Migratory Bird | 5 |
| Harvest Information Program. | 6 |
| (Source: P.A. 94-1024, eff. 7-14-06.)".
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