State of Illinois
90th General Assembly
Legislation

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90_SB1195ham002

                                           LRB9007301PTmbam01
 1                    AMENDMENT TO SENATE BILL 1195
 2        AMENDMENT NO.     .  Amend Senate Bill 1195 on page 1, by
 3    replacing lines 1 and 2 with the following:
 4        "AN ACT concerning wildlife."; and
 5    on page 1, by inserting below line 4 the following:
 6        "Section 3.  The Fish and Aquatic Life Code is amended by
 7    changing Sections 1-230, 20-5, 20-45, and 20-55 as follows:
 8        (515 ILCS 5/1-230) (from Ch. 56, par. 1-230)
 9        Sec. 1-230.  Wildlife and Fish Fund; disposition of money
10    received.  All fees, fines, income of whatever kind or nature
11    derived from hunting and fishing activities on lands, waters,
12    or both under the jurisdiction or control of the  Department,
13    and   all  penalties  collected  under  this  Code  shall  be
14    deposited into the State Treasury and shall be set apart in a
15    special fund to be known  as  the  Wildlife  and  Fish  Fund;
16    except that fees derived solely from the sale of one day Lake
17    Michigan  sport  fishing licenses, salmon stamps, income from
18    art contests for the salmon stamp, including income from  the
19    sale  of reprints, and gifts, donations, grants, and bequests
20    of money for the conservation and propagation of salmon shall
21    be deposited into the State Treasury and  set  apart  in  the
                            -2-            LRB9007301PTmbam01
 1    special  fund to be known as the Salmon Fund; and except that
 2    fees  derived  solely  from  the  sale  of  state   migratory
 3    waterfowl  stamps,  and gifts, donations, grants and bequests
 4    of money for the conservation and propagation  of  waterfowl,
 5    shall  be  deposited into the State Treasury and set apart in
 6    the special fund to be known as the State Migratory Waterfowl
 7    Stamp Fund. All interest that  accrues  from  moneys  in  the
 8    Wildlife  and  Fish  Fund,  the  Salmon  Fund,  and the State
 9    Migratory Waterfowl Stamp Fund shall  be  retained  in  those
10    funds respectively. Appropriations from the Wildlife and Fish
11    Fund  shall  be  made only to the Department for the carrying
12    out of  the  powers  and  functions  vested  by  law  in  the
13    Department,  including  (i)  the  purchase  of  land for fish
14    hatcheries, wildlife refuges, preserves, and public  shooting
15    and  fishing  grounds;  (ii) the purchase and distribution of
16    wild birds, the eggs of wild birds, and wild  mammals;  (iii)
17    the  rescuing,  restoring  and distributing of fish; (iv) the
18    maintenance of wildlife refuges or preserves, public shooting
19    grounds, public fishing grounds, and fish hatcheries; and (v)
20    the feeding and care of wild birds, wild mammals,  and  fish.
21    Appropriations from the Salmon Fund shall be made only to the
22    Department  to  be  used  solely  for  the  conservation  and
23    propagation of salmon, including construction, operation, and
24    maintenance  of a cold water hatchery, and for payment of the
25    costs of printing salmon stamps,  the  expenses  incurred  in
26    acquiring salmon stamp designs, and the expenses of producing
27    reprints.
28        Appropriations  from  the State Migratory Waterfowl Stamp
29    Fund shall be made only to the Department to be  used  solely
30    for the following purposes:
31             (a)  50%  of  funds  derived  from the sale of State
32        migratory  waterfowl  stamps  and  100%  of  all   gifts,
33        donations,   grants,   and  bequests  of  money  for  the
34        conservation and propagation of  waterfowl  for  projects
                            -3-            LRB9007301PTmbam01
 1        approved  by the Department shall be used for the purpose
 2        of attracting waterfowl and  improving  public  migratory
 3        waterfowl  areas  within  the  State.  These projects may
 4        include the repair, maintenance, and operation  of  these
 5        areas only in emergencies as determined by the State Duck
 6        Stamp  Committee; but none of the moneys spent within the
 7        State shall be used for administrative expenses.
 8             (b)  50% of funds derived from  the  sale  of  State
 9        migratory  waterfowl  stamps  shall be turned over by the
10        Department to appropriate  non-profit  organizations  for
11        the development of waterfowl propagation areas within the
12        Dominion of Canada or the United States that specifically
13        provide  waterfowl  for  the  Mississippi Flyway.  Before
14        turning  over  any  moneys  from  the   State   Migratory
15        Waterfowl   Stamp   Fund,  the  Department  shall  obtain
16        evidence  that  the  project   is   acceptable   to   the
17        appropriate governmental agency of the Dominion of Canada
18        or the United States or of one of its Provinces or States
19        having jurisdiction over the lands and waters affected by
20        the  project  and  shall  consult  those agencies and the
21        State Duck Stamp Committee for approval before allocating
22        funds.
23    (Source: P.A. 87-833; 88-91.)
24        (515 ILCS 5/20-5) (from Ch. 56, par. 20-5)
25        Sec. 20-5.  Necessity of license; exemptions.
26        (a)  Any person taking or attempting to  take  any  fish,
27    including  minnows for commercial purposes, turtles, mussels,
28    crayfish, or frogs by any means whatever  in  any  waters  or
29    lands wholly or in part within the jurisdiction of the State,
30    including  that  part of Lake Michigan under the jurisdiction
31    of this State, shall first obtain a license  to  do  so,  and
32    shall  do  so  only during the respective periods of the year
33    when it shall be lawful as provided in this Code. Individuals
                            -4-            LRB9007301PTmbam01
 1    under 16, blind or disabled residents, or individuals fishing
 2    at fee fishing areas licensed by the Department, however, may
 3    fish with sport fishing devices  without  being  required  to
 4    have   a  license.   For  the  purpose  of  this  Section  an
 5    individual is blind or disabled  if  that  individual  has  a
 6    Class  2  disability as defined in Section 4A of the Illinois
 7    Identification Card Act. For  purposes  of  this  Section  an
 8    Illinois Disabled Person Identification Card issued under the
 9    Illinois   Identification   Card   Act  indicating  that  the
10    individual named on the card has a Class 2  disability  shall
11    be adequate documentation of a disability.
12        (b)  A  courtesy  non-resident  sport  fishing license or
13    stamp may be  issued  at  the  discretion  of  the  Director,
14    without fee, to (i) any individual officially employed in the
15    wildlife and fish or conservation department of another state
16    or  of the United States who is within the State to assist or
17    consult or cooperate with the Director or (ii) the  officials
18    of  other  states,  the  United States, foreign countries, or
19    officers or representatives of conservation organizations  or
20    publications  while in the State as guests of the Governor or
21    Director.
22        (c)  The  Director  may  issue  special  fishing  permits
23    without cost to groups of hospital  patients  or  handicapped
24    individuals  for  use  on  specified dates in connection with
25    supervised fishing for therapy.
26        (d)  Veterans who, according to the determination of  the
27    Veterans'  Administration  as  certified by the Department of
28    Veterans'  Affairs,  are   at   least   10%   disabled   with
29    service-related   disabilities   or   in   receipt  of  total
30    disability pensions  may  fish  with  sport  fishing  devices
31    during  those  periods  of  the  year  it  is lawful to do so
32    without being required to have a license,  on  the  condition
33    that  their  respective disabilities do not prevent them from
34    fishing in a manner which is safe to themselves and others.
                            -5-            LRB9007301PTmbam01
 1        (e)  Each year the Director may designate a  period,  not
 2    to  exceed  4 days in duration, when sport fishermen may fish
 3    waters wholly or in  part  within  the  jurisdiction  of  the
 4    State,  including  that  part  of  Lake  Michigan  under  the
 5    jurisdiction  of the State, and not be required to obtain the
 6    license or stamp required by subsection (a) of this  Section,
 7    Section 20-10 or subsection (a) of Section 20-55. The term of
 8    any  such period shall be established by administrative rule.
 9    This subsection shall not apply to commercial fishing.
10        (f)  The  Director  may  issue  special  fishing  permits
11    without cost for a group event, restricted to specific  dates
12    and  locations if it is determined by the Department that the
13    event is beneficial in promoting sport fishing in Illinois.
14    (Source: P.A. 88-91; 89-66, eff. 1-1-96.)
15        (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
16        Sec.  20-45.   License  fees  for  residents.   Fees  for
17    licenses for residents of the State of Illinois shall  be  as
18    follows:
19             (a)  Except  as  otherwise provided in this Section,
20        for sport fishing devices as defined in Section 10-95  or
21        spearing  devices as defined in Section 10-110 the fee is
22        $12.50 for individuals 16 to 64 years old,  and  one-half
23        of the current fishing license fee for individuals age 65
24        or older, commencing with the 1994 license year.
25             (b)  All   residents  before  using  any  commercial
26        fishing device shall obtain a commercial fishing license,
27        the fee for which shall be $35. Each and every commercial
28        device used shall be licensed by  a  resident  commercial
29        fisherman as follows:
30                  (1)  For  each  100  lineal  yards, or fraction
31             thereof, of seine the fee is $18.  For  each  minnow
32             seine,  minnow  trap, or net for commercial purposes
33             the fee is $20.
                            -6-            LRB9007301PTmbam01
 1                  (2)  For each device to fish with  a  100  hook
 2             trot  line device, basket trap, hoop net, or dip net
 3             the fee is $3.
 4                  (3)  When used in the waters of Lake  Michigan,
 5             for the first 2000 lineal feet, or fraction thereof,
 6             of  gill  net  the  fee  is  $10;  and for each 1000
 7             additional lineal feet, or fraction thereof, the fee
 8             is $10. These fees shall apply to all gill  nets  in
 9             use in the water or on drying reels on the shore.
10                  (4)  For  each  100  lineal  yards, or fraction
11             thereof, of gill net or trammel net the fee is $18.
12             (c)  Residents of the State of Illinois may obtain a
13        sportsmen's combination license that  shall  entitle  the
14        holder  to  the same non-commercial fishing privileges as
15        residents holding a license as  described  in  subsection
16        (a) of this Section and to the same hunting privileges as
17        residents  holding  a  license  to  hunt  all  species as
18        described  in  Section  3.1  of  the  Wildlife  Code.  No
19        sportsmen's combination license shall be  issued  to  any
20        individual who would be ineligible for either the fishing
21        or    hunting   license   separately.   The   sportsmen's
22        combination license fee shall be  $18.50.  For  residents
23        age  65  or older, the fee is one-half of the fee charged
24        for a sportsmen's combination license.
25             (d)  For 24 hours of fishing one day for fishing  in
26        Lake  Michigan  by  sport  fishing  devices as defined in
27        Section 10-95  or  by  spearing  devices  as  defined  in
28        Section  10-110  the  fee is $5. This license exempts the
29        licensee from the requirement  for  a  salmon  or  inland
30        trout stamp. The licenses provided for by this subsection
31        are  not  required for residents of the State of Illinois
32        who have obtained the license provided for in  subsection
33        (a) of this Section.
34             (e)  All   residents  before  using  any  commercial
                            -7-            LRB9007301PTmbam01
 1        mussel device shall obtain a commercial  mussel  license,
 2        the fee for which shall be $50.
 3             (f)  Residents  of  this  State,  upon  establishing
 4        residency  as  required  by  the Department, may obtain a
 5        lifetime  hunting  or   fishing   license   or   lifetime
 6        sportsmen's  combination  license which shall entitle the
 7        holder to the same non-commercial fishing  privileges  as
 8        residents holding a license as described in paragraph (a)
 9        of  this  Section  and  to the same hunting privileges as
10        residents holding  a  license  to  hunt  all  species  as
11        described  in  Section  3.1  of  the  Wildlife  Code.  No
12        lifetime sportsmen's combination license shall be  issued
13        to  or retained by any individual who would be ineligible
14        for either the fishing  or  hunting  license  separately,
15        either  upon  issuance,  or in any year a violation would
16        subject an individual to have either or both  fishing  or
17        hunting  privileges  rescinded.  The lifetime hunting and
18        fishing license fees shall be as follows:
19                  (1)  Lifetime  fishing:   30  x   the   current
20             fishing license fee.
21                  (2)  Lifetime   hunting:    30  x  the  current
22             hunting license fee.
23                  (3)  Lifetime sportsmen's combination  license:
24             30  x  the  current  sportsmen's combination license
25             fee.
26        Lifetime licenses shall not be  refundable.   A  $10  fee
27    shall  be  charged  for  reissuing any lifetime license.  The
28    Department  may  establish  rules  and  regulations  for  the
29    issuance and use of lifetime  licenses  and  may  suspend  or
30    revoke  any  lifetime  license  issued under this Section for
31    violations of those rules or regulations or other  provisions
32    under  this  Code or the Wildlife Code.  Individuals under 16
33    years of age who possess a lifetime  hunting  or  sportsmen's
34    combination  license shall have in their possession, while in
                            -8-            LRB9007301PTmbam01
 1    the field, a certificate  of  competency  as  required  under
 2    Section  3.2  of  the  Wildlife  Code.   Any lifetime license
 3    issued under this Section shall not exempt  individuals  from
 4    obtaining  additional  stamps  or  permits required under the
 5    provisions of this Code or the Wildlife  Code.    Individuals
 6    required  to purchase additional stamps shall sign the stamps
 7    and have them in their possession while  fishing  or  hunting
 8    with a lifetime license.  All fees received from the issuance
 9    of  lifetime  licenses  shall  be  deposited  in the Fish and
10    Wildlife Endowment Fund.
11        Except for licenses issued under subsection (e)  of  this
12    Section,  all  licenses  provided  for  in this Section shall
13    expire on March 31 of each  year,  except  that  the  license
14    provided  for  in subsection (d) of this Section shall expire
15    24 hours after the effective date and time listed on the face
16    of the license at midnight on the day for which  the  license
17    was issued.
18        All  individuals required to have and failing to have the
19    license provided for in subsection (a) or (d) of this Section
20    shall be fined according to the provisions of  Section  20-35
21    of this Code.
22        All  individuals required to have and failing to have the
23    licenses provided for in subsections  (b)  and  (e)  of  this
24    Section shall be guilty of a Class B misdemeanor.
25    (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
26        (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
27        Sec.  20-55.   License  fees for non-residents.  Fees for
28    licenses for non-residents of the State of  Illinois  are  as
29    follows:
30        (a)  For  sport  fishing  devices  as  defined by Section
31    10-95, or spearing devices  as  defined  in  Section  10-110,
32    non-residents  age  16  or  older  shall be charged $24 for a
33    fishing license to fish. For sport fishing devices as defined
                            -9-            LRB9007301PTmbam01
 1    by Section 10-95, or spearing devices as defined  in  Section
 2    10-110,  for  a  period  not  to  exceed  10 consecutive days
 3    fishing in the State of Illinois the fee is $12.50.
 4        For sport fishing devices as defined in Section 10-95, or
 5    spearing devices as defined in Section 10-110, for  24  hours
 6    of  fishing  one  day for fishing in Lake Michigan the fee is
 7    $5.  This license exempts the licensee  from  the  salmon  or
 8    inland trout stamp requirement.
 9        (b)  All   non-residents   before  using  any  commercial
10    fishing device shall obtain a non-resident commercial fishing
11    license, the fee for which shall be  $150.   Each  and  every
12    commercial   device  shall  be  licensed  by  a  non-resident
13    commercial fisherman as follows:
14             (1)  For each 100 lineal yards, or fraction thereof,
15        of seine (excluding minnow seines) the fee is $36.
16             (2)  For each device to fish with a  100  hook  trot
17        line device, basket trap, hoop net, or dip net the fee is
18        $6.
19             (3)  For each 100 lineal yards, or fraction thereof,
20        of trammel net the fee is $36.
21             (4)  For each 100 lineal yards, or fraction thereof,
22        of gill net the fee is $36.
23        All  persons  required  to  have  and failing to have the
24    license provided for in subsection (a) of this Section  shall
25    be  fined  under  Section  20-35  of  this Code.  Each person
26    required to have and failing to have  the  licenses  required
27    under  subsection  (b)  of  this Section shall be guilty of a
28    Class B misdemeanor.
29        All licenses provided for in this Section shall expire on
30    March 31 of each year; except that the  24-hour  license  for
31    sport  fishing  devices  or  spearing devices shall expire 24
32    hours after the effective date and time listed on the face of
33    the  license  and  licenses  for  sport  fishing  devices  or
34    spearing devices for a period not to  exceed  10  consecutive
                            -10-           LRB9007301PTmbam01
 1    days  fishing  in  the  State  of  Illinois  as  provided  in
 2    subsection  (a)  of  this Section shall expire at midnight on
 3    the tenth day after issued, not counting the day issued.
 4    (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97.)
 5        (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
 6        Sec. 20-120. Designation of agents; liability; bond.  The
 7    Department  of  Natural  Resources  has  the   authority   to
 8    designate  agents  to  sell  licenses, stamps, and permits on
 9    behalf of the Department.  Any person receiving licenses from
10    the Department for sale as provided in this Section (i) shall
11    execute and deliver receipts for the licenses; (ii) shall, on
12    dates specified by the Department, report in writing  to  the
13    Department  the  number and kinds of licenses sold; and (iii)
14    shall, with the report, make  remittance  to  the  Department
15    covering  the  amounts due it from the sales.  Failure on the
16    part  of  any  clerk  or  agent  to  fully  comply  with  the
17    provisions of  this  Code,  including  administrative  rules,
18    shall  be  justification  for  the  Department  to  cancel or
19    withdraw the issuance  of  licenses  through  that  clerk  or
20    agent.   A  salmon  stamp  shall  be deemed a license for the
21    purposes of this Section.
22        (a)  Any person appointed or designated by the Department
23    including   any   county,   city,   village,   township,   or
24    incorporated town clerk issuing licenses provided for in this
25    Code may add the fees provided in paragraph (b)  as  the  fee
26    for issuing the licenses.  These clerks, however, shall remit
27    to  the treasurer of the political subdivision of which he or
28    she is an officer or employee, the added fees or any  portion
29    of  the  added  fees he or she collects provided in paragraph
30    (b). Issuing fees may be divided between the clerks and their
31    appointed subagents  other  than  employees  of  the  clerk's
32    office,  but  in  no case may any clerk or subagent charge an
33    issuing fee or fees totaling more than the  issuing  fee  set
                            -11-           LRB9007301PTmbam01
 1    out in this Section.
 2        (b)  Any   person  authorized  to  issue  licenses  under
 3    subsection (a) may add to the license fee a fee  of  $.75  in
 4    the  case  of Sportsmen's Combination Licenses or nonresident
 5    hunting licenses, and $.50 in the case of all other licenses,
 6    permits, and stamps.
 7        (c)  No person or subagent of any county, city,  village,
 8    township, or incorporated town clerk may charge a service fee
 9    for  issuing  licenses  provided  for  in  this Code, and the
10    charging of fees for issuing licenses in excess of  the  fees
11    authorized is a petty offense. Any person authorized to issue
12    licenses   by   telephone   and  electronic  transmission  or
13    incurring  costs  for  customer  convenience  may  charge  in
14    addition to the "issuing fee" authorized by  this  Section  a
15    fee  not  to  exceed  an  amount  set  by  the Department, by
16    administrative rule, to cover the transaction cost.
17        (d)  All fees, less issuing fees, collected from the sale
18    of licenses and permits and not remitted to the Department as
19    provided in  this  Section  shall  be  deemed  to  have  been
20    embezzled  and  the  person  or  officer  responsible for the
21    remittance is subject to prosecution.  No person handling  or
22    selling  licenses is required to remit for any license now or
23    hereafter stolen, by means of forcible entry, or destroyed by
24    a fire in the premises where the licenses are kept, if he  or
25    she  submits  an  affidavit  to the Department describing the
26    circumstances of the theft or cause of  the  destruction  and
27    listing in the affidavit the type and numbers of the licenses
28    so stolen or destroyed.
29        (e)  Within  30  days after the expiration of the time in
30    which any class of license is usable,  payment  for  licenses
31    sold  shall  be  made  in  full to the Department and persons
32    possessing unused license forms  shall  return  them  to  the
33    Department prepaid.
34        (f)  No  person  is  permitted  to  make  deductions from
                            -12-           LRB9007301PTmbam01
 1    remittances sent to the Department for  postage  or  for  the
 2    cost of, or fees for, drafts or money orders.
 3        (g)  Any county, city, village, township, or incorporated
 4    town  clerk  handling or selling licenses as provided in this
 5    Section is liable to the State personally.  All other persons
 6    designated or appointed by the Department to handle  or  sell
 7    licenses  as provided in this Section shall, before receiving
 8    any licenses for sale, file with the Department a bond in  an
 9    amount  specified  by the Department on a form to be approved
10    by  and  with  a  surety  or  sureties  satisfactory  to  the
11    Department conditioned upon the person or persons  paying  to
12    the  State  of  Illinois all monies becoming due by reason of
13    the sale of the licenses.
14        (h)  No person shall falsify, alter,  or  change  in  any
15    manner,  or loan or transfer to another, any license, permit,
16    or tag issued under  this  Section  or  falsify  any  records
17    required by this Code or counterfeit or duplicate any form of
18    license, permit, or tag provided for by this Code. Any person
19    who  violates this subsection shall be subject to the penalty
20    provisions of Section 20-35 of this Code.
21    (Source: P.A. 89-445, eff. 2-7-96; 90-225,  eff.  7-25-97.)";
22    and
23    on page 1, line 6, by replacing "Section 2.33" with "Sections
24    2.33, 3.1, 3.37, and 3.39"; and
25    on page 7, below line 26, by inserting the following:
26        "(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
27        Sec. 3.1. License and stamps required.
28        (a)  Before  any person shall take or attempt to take any
29    of the species protected by Section 2.2  for  which  an  open
30    season  is  established  under  this Act, he shall first have
31    procured and possess a valid hunting license.
32        Before any person 16 years of age or older shall take  or
                            -13-           LRB9007301PTmbam01
 1    attempt  to take any bird of the species defined as migratory
 2    waterfowl by Section 2.2, including  coots,  he  shall  first
 3    have procured a State Migratory Waterfowl Stamp.
 4        Before  any  person  16  years  of  age  or  older takes,
 5    attempts  to  take,  or  pursues  any  species  of   wildlife
 6    protected  by  this  Code, except migratory waterfowl, coots,
 7    and hand-reared birds on licensed game breeding  and  hunting
 8    preserve  areas  and state controlled pheasant hunting areas,
 9    he or she shall first obtain a State Habitat Stamp.  Disabled
10    veterans and former prisoners of war shall not be required to
11    obtain  State  Habitat  Stamps.  Any  person  who  obtained a
12    lifetime  license  before  January  1,  1993,  shall  not  be
13    required to obtain State Habitat Stamps. Income from the sale
14    of State Furbearer Stamps and State Pheasant Stamps  received
15    after the effective date of this amendatory Act of 1992 shall
16    be deposited into the State Furbearer Fund and State Pheasant
17    Fund, respectively.
18        Before  any  person  16 years of age or older shall take,
19    attempt to take, or sell the green hide of any mammal of  the
20    species  defined  as  fur-bearing  mammals by Section 2.2 for
21    which an open season is established under this Act, he  shall
22    first have procured a State Habitat Stamp.
23        (b)  Before any person who is a non-resident of the State
24    of  Illinois shall take or attempt to take any of the species
25    protected by Section 2.2, except white-tailed  deer  or  wild
26    turkey,  for  which  an open season is established under this
27    Act, he shall, unless specifically  exempted  by  law,  first
28    procure  a  non-resident  license as provided by this Act for
29    the taking of any wild game.
30        Before a  nonresident  shall  take  or  attempt  to  take
31    white-tailed  deer,  he  shall  first  have  procured  a Deer
32    Hunting Permit as defined in Section 2.26 of this Code.
33        Before a nonresident shall take or attempt to  take  wild
34    turkeys,  he shall have procured a Wild Turkey Hunting Permit
                            -14-           LRB9007301PTmbam01
 1    as defined in Section 2.11 of this Code.
 2        (c)  The owners residing on, or  bona  fide  tenants  of,
 3    farm lands and their children, parents, brothers, and sisters
 4    actually  permanently  residing on their lands shall have the
 5    right to hunt any of the species  protected  by  Section  2.2
 6    upon   their  lands  and  waters  without  procuring  hunting
 7    licenses; but the hunting shall be done only  during  periods
 8    of  time  and with devices and by methods as are permitted by
 9    this Act.  Any person on active duty with the Armed Forces of
10    the United States who is now and  who  was  at  the  time  of
11    entering  the  Armed  Forces  a  resident of Illinois and who
12    entered  the  Armed  Forces  from  this  State,  and  who  is
13    presently on ordinary leave from the Armed  Forces,  and  any
14    resident  of  Illinois  who  is  disabled may hunt any of the
15    species protected by Section 2.2 without procuring a  hunting
16    license,  but  the  hunting  shall  be  done only during such
17    periods of time and  with  devices  and  by  methods  as  are
18    permitted  by  this  Act.   For the purpose of this Section a
19    person is disabled when that person has a Type 1 or  Type  4,
20    Class  2  disability as defined in Section 4A of the Illinois
21    Identification Card Act.  For purposes of  this  Section,  an
22    Illinois  Disabled Person Identification Card issued pursuant
23    to the Illinois Identification Card Act indicating  that  the
24    person named has a Type 1 or Type 4, Class 2 disability shall
25    be adequate documentation of the disability.
26        (d)  A  courtesy  non-resident  license, permit, or stamp
27    for taking game may  be  issued  at  the  discretion  of  the
28    Director,  without  fee, to any person officially employed in
29    the game and fish or conservation department of another state
30    or of the United States who is within the State to assist  or
31    consult  or  cooperate with the Director; or to the officials
32    of other states, the United  States,  foreign  countries,  or
33    officers  or representatives of conservation organizations or
34    publications while in the State as guests of the Governor  or
                            -15-           LRB9007301PTmbam01
 1    Director.    The   Director   may   provide   to  nonresident
 2    participants  and  official  gunners  at  field   trials   an
 3    exemption  from  licensure  while  participating  in  a field
 4    trial.
 5        (e)  State Migratory Waterfowl Stamps shall  be  required
 6    for  those  persons  qualifying under subsections (c) and (d)
 7    who intend to hunt migratory waterfowl, including  coots,  to
 8    the  extent  that  hunting  licenses of the various types are
 9    authorized and required by this Section for those persons.
10        (f)  Registration in the U.S. Fish and Wildlife Migratory
11    Bird Harvest Information Program shall be required for  those
12    persons  who  are  required  to have a hunting license before
13    taking or attempting to take any bird of the species  defined
14    as  migratory  game  birds  by  Section 2.2, except that this
15    subsection  shall  not  apply  to  crows  in  this  State  or
16    hand-reared birds  on  licensed  game  breeding  and  hunting
17    preserve  areas,  for  which an open season is established by
18    this Act.  Persons registering with the  Program  must  carry
19    proof of registration with them while migratory bird hunting.
20        The   Department   shall   publish   suitable  prescribed
21    regulations pertaining to registration by the migratory  bird
22    hunter  in  the U.S. Fish and Wildlife Service Migratory Bird
23    Harvest Information Program.
24    (Source: P.A. 88-45; 88-91; 89-341, eff. 8-17-95.)
25        (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
26        Sec. 3.37.  The Department of Natural Resources  has  the
27    authority  to  designate  agents to sell licenses, stamps and
28    permits on behalf of the Department.   Any  person  receiving
29    licenses from the Department for sale as provided for in this
30    Section,  shall  execute  and  deliver receipts therefor; and
31    shall on dates specified by the Department report in  writing
32    to  the  Department the number and kind of licenses sold, and
33    shall, with such reports, make remittances to the  Department
                            -16-           LRB9007301PTmbam01
 1    covering the amounts received from such sales. Failure on the
 2    part  of  any  clerk  or agent to fully comply with this Act,
 3    including administrative rules, shall  be  justification  for
 4    the Department to cancel or withdraw the issuance of licenses
 5    through  such  clerks  or  agents.   A Federal Migratory Bird
 6    Hunting and Conservation Stamp shall be deemed a license  for
 7    the  purpose  of  this Section.  Any person authorized by the
 8    Department including any county, city, village, township,  or
 9    incorporated  town  clerk issuing licenses, permits or stamps
10    provided for in this Act, may add the following as  the  fees
11    for   issuing   such  licenses:  75  cents  in  the  case  of
12    Sportsmen's  Combination  Licenses  or  nonresident   hunting
13    licenses,  and  50  cents  in the case of all other licenses,
14    permits and stamps.  However, such clerks shall remit to  the
15    treasurer  of  the  political  subdivision  of which he is an
16    officer or employee, the added fees or any portion thereof he
17    or she collects provided in this Section.  Issuing  fees  may
18    be  divided between such clerks and their appointed subagents
19    other than employees of the clerk's office, but  in  no  case
20    may  any  clerk  or  subagent  charge  an issuing fee or fees
21    totaling more than the issuing fee set out in  this  Section.
22    No person, or subagent of any county, city, village, township
23    or  incorporated  town  clerk  may  charge  a service fee for
24    issuing licenses provided for in this Act, and  the  charging
25    of  fees  for  issuing  such  licenses  in excess of the fees
26    authorized is a petty offense.  All fees, less issuing  fees,
27    collected  from  the  sale  of  licenses  and permits and not
28    remitted to the Department as provided in this Section, shall
29    be deemed to have been embezzled and the  person  or  officer
30    responsible  for  such  remittance is subject to prosecution.
31    Any person authorized to  issue  licenses  by  telephone  and
32    electronic  transmission  or  incurring  costs  for  customer
33    convenience  may  charge  in  addition  to  the "issuing fee"
34    authorized by this Section a fee not to exceed an amount  set
                            -17-           LRB9007301PTmbam01
 1    by  the  Department,  by  administrative  rule,  to cover the
 2    transaction cost.
 3    (Source: P.A. 89-445, eff. 2-7-96; 90-225, eff. 7-25-97.)
 4        (520 ILCS 5/3.39) (from Ch. 61, par. 3.39)
 5        Sec. 3.39.  Residents of the State of Illinois may obtain
 6    a Sportsmen's Combination License  which  shall  entitle  the
 7    holder  to  the  same  non-commercial  fishing  privileges as
 8    residents holding a fishing license described in subparagraph
 9    (a) of Section 20-45 of the Fish and Aquatic Life  Code,  and
10    to the same hunting privileges as residents holding a license
11    to hunt all species, as described in Section 3.1 of this Act.
12    However,  no  Sportsmen's Combination License shall be issued
13    to any person who would be ineligible for either the  fishing
14    or  hunting  license separately.  The Sportsmen's Combination
15    License fee shall be $18.50. For residents age 65  or  older,
16    the  fee  is  one-half  of  the fee charged for a Sportsmen's
17    Combination License.
18    (Source: P.A. 87-895; 88-91.)".

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