Public Act 100-0638
 
HB4783 EnrolledLRB100 17790 SLF 32969 b


  
    AN ACT concerning wildlife.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  
 
 
    Section 5. The Wildlife Code is amended  by changing 
Sections 3.1, 3.1-5, 3.1-9, 3.2, and 3.3 and  by adding Section 
1.2v-1 as follows:
 
    (520 ILCS 5/1.2v-1 new)
    Sec. 1.2v-1. Youth. "Youth" means a person under 18 years 
of age.
 
    (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
    Sec. 3.1. License and stamps required. 
    (a) Before any person shall take or attempt to take any of 
the species
protected by Section 2.2 for which an open season 
is established under this
Act, he shall first have procured and 
possess a valid hunting license, except as provided in Section 
3.1-5 of this Code.
    Before any person 18 16 years of age or older shall take or

attempt to take any bird of the species defined as migratory 
waterfowl by
Section 2.2, including coots, he shall first have 
procured a State
Migratory Waterfowl Stamp.
    Before any person 18 16 years of age or older takes, 
attempts to take, or
pursues any species of wildlife protected 
by this Code, except migratory
waterfowl, coots, and 
hand-reared birds on licensed game breeding and hunting

preserve areas and state controlled pheasant hunting areas, he 
or she shall
first obtain a State Habitat Stamp. Veterans with 
disabilities and former prisoners of
war shall not be required 
to obtain State Habitat Stamps. Any person who
obtained a 
lifetime license before January 1, 1993, shall not be required 
to
obtain State Habitat Stamps. Income from the sale of State 
Furbearer Stamps and
State Pheasant Stamps received after the 
effective date of this amendatory Act
of 1992 shall be 
deposited into the State Furbearer Fund and State Pheasant

Fund, respectively.
    Before any person 18 16 years of age or older shall take, 
attempt to
take, or sell the green hide of any mammal of the 
species defined as
fur-bearing mammals by Section 2.2 for which 
an open season is established
under this Act, he shall first 
have procured a State Habitat Stamp.
    (b) Before any person who is a non-resident of the State of 
Illinois
shall take or attempt to take any of the species 
protected by Section
2.2
for which an open season is 
established under this Act, he shall,
unless specifically 
exempted by law, first procure a non-resident
license as 
provided by this Act for the taking of any wild game.
    Before a nonresident shall take or attempt to take 
white-tailed deer,
he shall first have procured a Deer Hunting 
Permit as defined in Section
2.26 of this Code.
    Before a nonresident shall take or attempt to take wild 
turkeys, he
shall have procured a Wild Turkey Hunting Permit as 
defined in Section 2.11
of this Code.
    (c) The owners residing on, or bona fide tenants of, farm 
lands and their
children, parents, brothers, and sisters 
actually permanently residing on
their lands shall have the 
right to hunt any of the species protected by
Section 2.2 upon 
their lands and waters without procuring hunting licenses;
but 
the hunting shall be done only during periods of time and with 
devices
and by methods as are permitted by this Act.  Any person 
on active duty
with the Armed Forces of the United States who 
is now and who was at the
time of entering the Armed Forces a 
resident of Illinois and who entered
the Armed Forces from this 
State, and who is presently on ordinary or emergency leave
from 
the Armed Forces, and any resident of Illinois who has a 
disability may hunt
any of the species protected by Section 2.2 
without procuring a hunting
license, but the hunting shall be 
done only during such periods of time and
with devices and by 
methods as are permitted by this Act.  For the purpose of
this 
Section a person is a person with a disability when that person 
has a Type 1 or Type 4,
Class 2 disability as defined in 
Section 4A of the Illinois Identification Card
Act.  For 
purposes of this Section, an Illinois Person with a Disability 
Identification
Card issued pursuant to the Illinois 
Identification Card Act indicating that
the person named has a 
Type 1 or Type 4, Class 2 disability shall be adequate

documentation of the disability.
    (d) A courtesy non-resident license, permit, or stamp for 
taking game
may be issued at the
discretion of the Director, 
without fee, to any person officially employed
in the game and 
fish or conservation department of another state or of the

United States who is within the State to assist or consult or 
cooperate
with the Director; or to the officials of other 
states, the United States,
foreign countries, or officers or 
representatives of conservation
organizations or publications 
while in the State as guests of the Governor
or Director.  The 
Director may provide to nonresident participants and
official 
gunners at field trials an exemption from licensure while

participating in a field trial.
    (e) State Migratory Waterfowl Stamps shall be required for 
those persons
qualifying under subsections (c) and (d) who 
intend to hunt migratory
waterfowl, including coots, to the 
extent that hunting licenses of the
various types are 
authorized and required by this Section for those persons.
    (f) Registration in the U.S. Fish and Wildlife Migratory 
Bird Harvest
Information Program shall be required for those 
persons who are required to
have a hunting license before 
taking
or attempting to take any bird of the species defined as 
migratory game birds
by Section 2.2, except that this 
subsection shall not apply to crows in this
State
or 
hand-reared birds on licensed game breeding and hunting 
preserve areas, for
which an open season is established by this 
Act.  Persons registering with the
Program must carry proof of 
registration with them while migratory bird
hunting.
    The Department shall publish suitable prescribed 
regulations pertaining to
registration by the migratory bird 
hunter in the U.S. Fish and Wildlife Service
Migratory Bird 
Harvest Information Program.
(Source: P.A. 99-143, eff. 7-27-15.)
 
    (520 ILCS 5/3.1-5)
    Sec. 3.1-5. Apprentice Hunter License Program.
    (a) The Beginning 120 days after the effective date of this 
amendatory Act of the 94th General Assembly, the Department 
shall establish an Apprentice Hunter  License Program. The 
purpose of this Program shall be to extend limited hunting 
privileges, in lieu of obtaining a valid hunting license, to 
persons interested in learning about hunting sports.
    (b)  Any resident or nonresident  may  apply to the Department 
for an Apprentice Hunter License. The Apprentice Hunter License 
shall be a one-time, non-renewable license that shall expire on 
the March 31 following the date of issuance.
    (c) The For persons aged 17 and under, the Apprentice 
Hunter License shall entitle the licensee to hunt while 
supervised by a validly licensed resident or nonresident 
parent, guardian, or grandparent. For persons 18 or older, the 
Apprentice Hunter License shall entitle the licensee to hunt 
while supervised by a validly licensed resident or nonresident 
hunter who is 21 years of age or older. Possession of an 
Apprentice Hunter License shall  serve in lieu of a valid 
hunting license, but does not exempt the licensee from 
compliance with the requirements of this Code and any rules and 
regulations adopted pursuant to this Code.

    (d) In order to be approved for the Apprentice Hunter 
License, the applicant must request an Apprentice Hunter 
License on a form designated and made available by the 
Department and submit a $7 fee, which shall be separate from 
and additional to any other stamp, permit, tag, or license fee 
that may be required for hunting  under this Code.   The 
Department shall adopt suitable administrative rules that are 
reasonable and necessary for the administration of the program, 
but shall not require any certificate of competency or other 
hunting education as a condition of the Apprentice Hunter 
License.

(Source: P.A. 95-739, eff. 7-17-08; 96-1213, eff. 7-22-10.)
 
    (520 ILCS 5/3.1-9)
    Sec. 3.1-9. Youth Hunting and Trapping License Licenses.  
    (a) Before any Any resident youth age under 18 years of age 
shall take or attempt to take any species protected by Section 
2.2 of this Code for which an open season is established, he or 
she shall first procure and possess a valid Youth Hunting and 
Trapping License and under may apply to the Department for a 
Youth Hunting License, which extends limited hunting 
privileges. The Youth Hunting and Trapping License shall be a 
renewable license that shall expire on the March 31 following 
the date of issuance. The fee for a Youth Hunting and Trapping 
License is $7. 
    A For youth age 18 and under, the Youth Hunting and 
Trapping License shall entitle the licensee to hunt while 
supervised  by an adult a parent, grandparent, or guardian who 
is 21 years of age or older and has a valid Illinois hunting 
license.  Possession of a Youth Hunting License  shall serve in 
lieu of a valid hunting license, but does not exempt the 
licensee from compliance with the requirements of this Code and 
any rules adopted under this Code.
    A youth licensed under this subsection (a) shall not hunt 
or carry a hunting device, including, but not limited to, a 
firearm, bow and arrow, or crossbow unless the youth is 
accompanied by and under the close personal supervision of an 
adult a parent, grandparent, or guardian who is 21 years of age 
or older and has a valid Illinois hunting license.
    At age 19 years or when the youth chooses to hunt by 
himself or herself, he or she is required to successfully 
complete a hunter safety course approved by the Department 
prior to being able to obtain a full hunting license and 
subsequently hunt by himself or herself.
    In order to be approved for the Youth Hunting License, the 
applicant must request a Youth Hunting License from the 
Department and submit a $7 fee, which shall be separate from 
and additional to any other stamp, permit, tag, or license fee 
that may be required for hunting under this Code. The 
Department shall adopt rules for the administration of the 
program, but shall not require any certificate of competency or 
other hunting or trapping education as a condition of the Youth 
Hunting and Trapping License. If a youth has a valid 
certificate of competency for hunting from a hunter safety 
course approved by the Department, he or she is exempt from the 
supervision requirements for youth hunters in this Section. 

    (b) Any resident youth age 18 and under may apply to the 
Department for a Youth Trapping License, which extends limited 
trapping privileges. The Youth Trapping License shall be a 
renewable license that shall expire on the March 31 following 
the date of issuance.
    A For youth age 18 and under, the Youth Hunting and 
Trapping License shall entitle the licensee to trap while 
supervised  by an adult a parent, grandparent, or guardian who 
is 21 years of age or older and has a valid Illinois trapping 
license.  Possession of a Youth Trapping License shall serve in 
lieu of a valid trapping license, but does not exempt the 
licensee from compliance with the requirements of this Code and 
any rules adopted under this Code.
    A youth licensed under this Section subsection (b) shall 
not trap or carry a hunting device, including, but not limited 
to, a firearm, bow and arrow, or crossbow unless the youth is 
accompanied by and under the close personal supervision of an 
adult a parent, grandparent, or guardian who is 21 years of age 
or older and has a valid Illinois trapping license.
    At age 19 years or when the youth chooses to trap by 
himself or herself, he or she is required to successfully 
complete a trapper safety course approved by the Department 
prior to being able to obtain a full trapping license and 
subsequently trap by himself or herself.
    In order to be approved for the Youth Trapping License, the 
applicant must request a Youth Trapping License from the 
Department and submit a $7 fee, which shall be separate from 
and additional to any other stamp, permit, tag, or license fee 
that may be required for trapping under this Code. The 
Department shall adopt rules for the administration of the 
program, but shall not require any certificate of competency or 
other trapping education as a condition of the Youth Hunting 
and Trapping License. If a youth has a valid certificate of 
competency for trapping from a trapper safety course approved 
by the Department, then he or she is exempt from the 
supervision requirements for youth trappers in this Section. 
(Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307, 
eff. 1-1-16; 99-868, eff. 1-1-17.)
 


    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)




    Sec. 3.2. Hunting license; application; instruction. 
Before the
Department or any county, city, village, township, 
incorporated town clerk
or his duly designated agent or any 
other person authorized or designated
by the Department to 
issue hunting licenses shall issue a hunting license
to any 
person, the person shall file his application with the 
Department or
other party authorized to issue licenses on a 
form provided by the
Department and further give definite proof 
of identity and place of legal
residence.  Each clerk 
designating agents to issue licenses and stamps
shall furnish 
the Department, within 10 days following the appointment, the

names and mailing addresses of the agents.  Each clerk or his 
duly
designated agent shall be authorized to sell licenses and 
stamps only
within the territorial area for which he was 
elected or appointed.  No duly
designated agent is authorized to 
furnish licenses or stamps for
issuance by any other business 
establishment.  Each
application shall be executed and sworn to 
and shall set forth the name
and description of the applicant 
and place of residence.

    No hunting license shall be issued to any person born on or 
after January
1,
1980
unless he presents the person authorized 
to issue the license
evidence that he has held a hunting 
license issued by the State of Illinois
or another state in a 
prior year, or a certificate of competency as
provided in this 
Section.  Persons under 18 16 years of age may be issued a

Lifetime Hunting or Sportsmen's Combination License as 
provided under Section
20-45 of the Fish and Aquatic Life Code 
but shall not be entitled to hunt alone, without the 
supervision of an adult age 21 or order,
unless they have a 
certificate of competency as provided in this Section and
they 
shall have the certificate is in their possession while 
hunting.

    The Department of Natural Resources shall authorize

personnel of the
Department or certified volunteer instructors 
to conduct courses, of not
less than 10 hours in length, in 
firearms and hunter safety, which may include
training in bow 
and arrow safety, at regularly specified intervals throughout

the State.  Persons successfully completing the course shall 
receive a
certificate of competency.  The Department of Natural 
Resources may further
cooperate with any reputable association 
or organization in establishing
courses if the organization has 
as one of its objectives the promotion of
safety in the 
handling of firearms or bow and arrow.

    The Department of Natural Resources shall designate any

person found by it
to be competent  to give instruction in the 
handling of firearms, hunter
safety, and bow and arrow.  The 
persons so appointed shall give the
course of instruction and 
upon the successful completion shall
issue to the person 
instructed a certificate of competency in the safe
handling of 
firearms, hunter safety, and bow and arrow.  No charge shall
be 
made for any course of instruction except for materials or 
ammunition
consumed.  The Department of Natural Resources shall

furnish information on
the requirements of hunter safety 
education programs to be distributed
free of charge to 
applicants for hunting licenses by the persons
appointed and 
authorized to issue licenses.  Funds for the conducting of

firearms and hunter safety courses shall be taken from the fee 
charged
for the Firearm Owners Identification Card.

    The fee for a hunting license to hunt all species for a 
resident of
Illinois is $12.  For residents age 65 or older, 
and, commencing with the 2012 license year,  resident veterans 
of the United States Armed Forces after returning from service 
abroad or mobilization by the President of the United States, 
the fee is one-half of the
fee charged for a hunting license to 
hunt all species for a resident of
Illinois. Veterans must 
provide to the Department, at one of the Department's 5 
regional offices, verification of their service. The 
Department shall establish what constitutes suitable 
verification of service for the purpose of issuing resident 
veterans hunting
 licenses at a reduced fee. The fee for a 
hunting license to hunt all species shall be $1 for residents 
over 75 years of age. Nonresidents shall be charged $57 for a 
hunting license.

    Nonresidents may be issued a nonresident hunting license 
for a
period not to exceed 10 consecutive days' hunting in the 
State and shall
be charged a fee of $35.

    A special nonresident hunting license authorizing a 
nonresident to
take game birds by hunting on a game breeding 
and hunting preserve
area only, established under Section 3.27, 
shall be issued upon proper
application being made and payment 
of a fee equal to that for a resident
hunting license.  The 
expiration date of this license shall be on the same
date each 
year that game breeding and hunting preserve
area licenses 
expire.

    Each applicant for a State Migratory Waterfowl Stamp, 
regardless of
his residence or other condition, shall pay a fee 
of $15 and
shall receive a stamp. The fee for a State Migratory 
Waterfowl Stamp shall be waived for residents over 75 years of 
age. Except as provided under
Section 20-45 of the Fish and 
Aquatic Life Code,
the stamp shall be signed by the person or 
affixed to his license
or permit in a space designated by the 
Department for that purpose.

    Each applicant for a State Habitat Stamp, regardless of his 
residence
or other condition, shall pay a fee of $5 and shall 
receive a
stamp. The fee for a State Habitat Stamp shall be 
waived for residents over 75 years of age. Except as provided 
under Section 20-45 of the Fish and Aquatic Life
Code, the 
stamp shall be signed by the person or affixed to his license 
or
permit in a space designated by the Department for that 
purpose.

    Nothing in this Section shall be construed as to require 
the purchase
of more than one State Habitat Stamp by any person 
in any one license year.

    The fees for State Pheasant Stamps and State Furbearer 
Stamps shall be waived for residents over 75 years of age. 
    The Department shall furnish the holders of hunting 
licenses and stamps
with an insignia as evidence of possession 
of license, or license and
stamp, as the Department may 
consider advisable.  The insignia shall be
exhibited and used as 
the Department may order.

    All other hunting licenses and all State stamps shall 
expire upon
March 31 of each year.

    Every person holding any license, permit, or stamp issued 
under the
provisions of this Act shall have it in his 
possession for immediate
presentation for inspection to the 
officers and authorized employees of
the Department, any 
sheriff, deputy sheriff, or any other peace officer making
a 
demand for it.  This provision shall not apply to Department 
owned or
managed sites where it is required that all hunters 
deposit their license,
permit, or Firearm Owner's 
Identification Card at the check station upon
entering the 
hunting areas.

(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)

 


    (520 ILCS 5/3.3)  (from Ch. 61, par. 3.3)



    Sec. 3.3. Trapping license required. Before any person 
shall trap any
of the mammals protected
by this Act, for which 
an open trapping season has been established, he shall
first 
procure a trapping license from the Department to do so.  No 
traps
shall be placed in the field, set or unset, prior to the 
opening day of
the trapping season.

    Traps used in the taking of such mammals shall be marked or

tagged with metal tags or inscribed in lettering giving the 
name and
address of the owner, and absence of such mark or tag 
shall be prima
facie evidence that such trap or traps are 
illegally used and the trap
or traps shall be confiscated and 
disposed of as directed by the
Department.

    Before any person 18 16 years of age or older shall trap, 
attempt to
trap, or sell the green hides of any mammal of the 
species defined as
fur-bearing mammals by Section 2.2 for which 
an open season is established
under this Act, he shall first 
have procured a State Habitat Stamp.

    Before a trapping license shall be issued to any person 
under the age of
sixteen years, such person shall obtain the 
written consent of his father,
mother or legally constituted 
guardian to obtain such license.

    Beginning January 1, 2016, no trapping license shall be 
issued to any
person born on or after January 1, 1998 unless he 
or she presents to the authorized issuer of the license 
evidence that he or she has a
certificate of competency 
provided for in this Section.

    The Department of Natural Resources shall authorize

personnel of the Department,
or volunteer instructors, found by 
the Department to be competent,
to provide instruction in 
courses on trapping techniques and ethical trapping
behavior as 
needed throughout the State, which courses shall be at least
8 
hours in length.  Persons so authorized shall provide 
instruction in such
courses to individuals at no charge, and 
shall issue to individuals
successfully completing such 
courses certificates of competency in basic
trapping 
techniques.  The Department shall cooperate in establishing 
such
courses with any reputable association or organization 
which has as one of
its objectives the promotion of the ethical 
use of legal fur harvesting
devices and techniques.  The 
Department shall furnish information on the
requirements of the 
trapper education program to be distributed free of
charge to 
applicants for trapping licenses by the persons appointed and

authorized to issue licenses.

    The owners residing on, or bona fide tenants of farm lands, 
and their
children actually residing on such lands, shall have 
the right to trap
mammals protected by this Act, for which an 
open trapping season has been
established, upon such lands, 
without procuring licenses, provided that
such mammals are 
taken during the periods of time and with such devices as
are 
permitted by this Act.

(Source: P.A. 98-913, eff. 1-1-15; 99-868, eff. 1-1-17.)