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Full Text of HB1096  93rd General Assembly

HB1096sam001 93rd General Assembly



                                     LRB093 03880 JAM 15218 a

 1                    AMENDMENT TO HOUSE BILL 1096

 2        AMENDMENT NO.     .  Amend House Bill 1096 on page 1,  in
 3    line 5 by replacing "and 2.26" with ", 2.26, 3.2, 3.27, 3.29,
 4    and 3.30"; and

 5    on page 5, by inserting after line 32 the following:

 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
                            -2-      LRB093 03880 JAM 15218 a
 1    business  establishment.   Each application shall be executed
 2    and sworn to and shall set forth the name and description  of
 3    the applicant and place of residence.
 4        No  hunting license shall be issued to any person born on
 5    or after January  1,  1980  unless  he  presents  the  person
 6    authorized  to  issue the license evidence that he has held a
 7    hunting license issued by the State of  Illinois  or  another
 8    state  in  a  prior  year,  or a certificate of competency as
 9    provided in this Section.  Persons under 16 years of age  may
10    be  issued  a  Lifetime  Hunting  or  Sportsmen's Combination
11    License as provided under  Section  20-45  of  the  Fish  and
12    Aquatic  Life  Code  but shall not be entitled to hunt unless
13    they have a certificate of competency  as  provided  in  this
14    Section   and  they  shall  have  the  certificate  in  their
15    possession while hunting.
16        The  Department  of  Natural  Resources  shall  authorize
17    personnel  of   the   Department   or   certified   volunteer
18    instructors  to conduct courses, of not less than 10 hours in
19    length, in firearms and  hunter  safety,  which  may  include
20    training  in  bow  and  arrow  safety, at regularly specified
21    intervals  throughout  the   State.    Persons   successfully
22    completing   the   course  shall  receive  a  certificate  of
23    competency.  The Department of Natural Resources may  further
24    cooperate  with  any reputable association or organization in
25    establishing courses if the organization has as  one  of  its
26    objectives  the  promotion  of  safety  in  the  handling  of
27    firearms or bow and arrow.
28        The  Department  of Natural Resources shall designate any
29    person found by it to be competent  to  give  instruction  in
30    the  handling  of firearms, hunter safety, and bow and arrow.
31    The persons so appointed shall give the course of instruction
32    and upon the successful completion shall issue to the  person
33    instructed  a  certificate of competency in the safe handling
34    of firearms, hunter safety, and bow  and  arrow.   No  charge
                            -3-      LRB093 03880 JAM 15218 a
 1    shall  be  made  for  any  course  of  instruction except for
 2    materials or ammunition consumed.  The Department of  Natural
 3    Resources  shall  furnish  information on the requirements of
 4    hunter safety education programs to be  distributed  free  of
 5    charge  to  applicants  for  hunting  licenses by the persons
 6    appointed and authorized to issue licenses.   Funds  for  the
 7    conducting  of  firearms  and  hunter safety courses shall be
 8    taken  from  the  fee  charged   for   the   Firearm   Owners
 9    Identification Card.
10        The  fee  for a hunting license to hunt all species for a
11    resident of Illinois is $7.  For residents age 65  or  older,
12    the  fee is one-half of the fee charged for a hunting license
13    to hunt all species for a resident of Illinois.  Nonresidents
14    shall be charged $50 for a hunting license.
15        Nonresidents  may be issued a nonresident hunting license
16    for a period not to exceed 10 consecutive  days'  hunting  in
17    the State and shall be charged a fee of $28.
18        A  special  nonresident  hunting  license  authorizing  a
19    nonresident  to take game birds by hunting on a game breeding
20    and hunting preserve area  only,  established  under  Section
21    3.27,  shall be issued upon proper application being made and
22    payment of a  fee  equal  to  that  for  a  resident  hunting
23    license.  The expiration date of this license shall be on the
24    same  date  March  31  of  each  year  that game breeding and
25    hunting preserve area licenses expire.
26        Each applicant for a  State  Migratory  Waterfowl  Stamp,
27    regardless  of  his residence or other condition, shall pay a
28    fee of $10 and shall receive  a  stamp.  Except  as  provided
29    under  Section  20-45  of the Fish and Aquatic Life Code, the
30    stamp shall be signed by the person or affixed to his license
31    or permit in a space designated by the  Department  for  that
32    purpose.
33        Each  applicant  for a State Habitat Stamp, regardless of
34    his residence or other condition, shall pay a fee of  $5  and
                            -4-      LRB093 03880 JAM 15218 a
 1    shall receive a stamp. Except as provided under Section 20-45
 2    of  the Fish and Aquatic Life Code, the stamp shall be signed
 3    by the person or affixed to his license or permit in a  space
 4    designated by the Department for that purpose.
 5        Nothing  in this Section shall be construed as to require
 6    the purchase of more than one  State  Habitat  Stamp  by  any
 7    person in any one license year.
 8        The  Department  shall  furnish  the  holders  of hunting
 9    licenses  and  stamps  with  an  insignia  as   evidence   of
10    possession   of   license,  or  license  and  stamp,  as  the
11    Department may consider advisable.   The  insignia  shall  be
12    exhibited and used as the Department may order.
13        All  other  hunting  licenses  and all State stamps shall
14    expire upon March 31 of each year.
15        Every person holding any license, permit, or stamp issued
16    under the provisions  of  this  Act  shall  have  it  in  his
17    possession  for  immediate presentation for inspection to the
18    officers and authorized  employees  of  the  Department,  any
19    sheriff,  deputy sheriff, or any other peace officer making a
20    demand for it.  This provision shall not apply to  Department
21    owned  or managed sites where it is required that all hunters
22    deposit   their   license,   permit,   or   Firearm   Owner's
23    Identification Card at the check station  upon  entering  the
24    hunting areas.
25    (Source: P.A.   89-75,  eff.  1-1-96;  89-338,  eff.  1-1-96;
26    89-445,  eff.  2-7-96;  89-626,  eff.  8-9-96;  90-225,  eff.
27    7-25-97.)

28        (520 ILCS 5/3.27) (from Ch. 61, par. 3.27)
29        Sec. 3.27.  Any person owning, holding or controlling, by
30    lease, which possession must be for  a  term  of  5  or  more
31    years,  any  contiguous  tract  of land having an area of not
32    less than 200 acres, and not more than 1280  acres,  with  at
33    least  100 acres of suitable wildlife habitat, who desires to
                            -5-      LRB093 03880 JAM 15218 a
 1    establish a game  breeding  and  hunting  preserve  area,  to
 2    propagate,   preserve   and   hunt   game  birds  shall  make
 3    application  to  the  Department  for  a  license  as  herein
 4    provided. Such application shall be made under  oath  of  the
 5    applicant  or  under oath of one of its principal officers if
 6    the applicant is an association, club or corporation. In  the
 7    case  of  releasing  and harvesting hand reared mallards, the
 8    tract of land, with the approval of the  Department,  may  be
 9    smaller  than  that required in this Section but in all other
10    respects the applicant shall conform  to  the  provisions  of
11    this  Act.  The application shall be accompanied by a license
12    fee of not to exceed $100 for a Class A license or a  license
13    fee not to exceed $200 for a Class B license.
14        Every  licensee under this Section shall release not less
15    than 250 Bobwhite quail or pheasants each season.
16        Upon receipt of such application,  the  Department  shall
17    inspect   the   proposed  licensed  area  described  in  such
18    application and the premises and facilities where game  birds
19    are  to  be  propagated  and the cover for game birds and the
20    ability of the  applicant  to  operate  a  property  of  this
21    character.  If  the  Department finds that the area meets the
22    requirements of all applicable laws and administrative  rules
23    and  that  the  game birds are reasonably healthy and disease
24    free; and that the issuing of the license will  otherwise  be
25    in  the  public  interest;  the  Department shall approve the
26    application and issue the license for the  operation  of  the
27    property  described  in  the  application with the rights and
28    subject to the limitations in this Act prescribed.
29        All game breeding  and  hunting  preserve  area  licenses
30    expire on April 30 of each year.
31        Upon receipt of such license, the licensee shall promptly
32    post  such  licensed  areas at intervals of not more than 500
33    feet with signs to  be  prescribed  by  the  Department.  The
34    boundaries   of  such  licensed  game  breeding  and  hunting
                            -6-      LRB093 03880 JAM 15218 a
 1    preserve areas shall also be clearly defined  by  natural  or
 2    artificial boundaries and by signs.
 3    (Source: P.A. 85-152.)

 4        (520 ILCS 5/3.29) (from Ch. 61, par. 3.29)
 5        Sec. 3.29.  For the purpose of this Act, game birds shall
 6    be  released upon licensed game breeding and hunting preserve
 7    areas  in  a  manner  satisfactory  to  the  Department.  The
 8    licensee shall keep a register on  forms  prescribed  by  the
 9    Department  which  shall  clearly show the number and kind of
10    game birds released and propagated each year, the month  date
11    of release, and also the number and kind of game birds taken,
12    the  month  date  when taken and the disposition made of such
13    game birds, and shall submit such reports under  oath  as  to
14    game  birds released, propagated and taken, to the Department
15    not later than 10 days following the end of each month during
16    the season. The Department shall keep an adequate  record  of
17    the  number of birds released and propagated on each licensed
18    game breeding and hunting preserve area in each year  and  of
19    the birds taken.
20        The  Department  shall  prepare special tags suitable for
21    use upon legs of game birds, including  hand  reared  mallard
22    ducks,  which  tags  shall be of a type not removable without
23    breaking and mutilating the tag, such  tags  to  be  used  to
24    designate  birds  taken  upon  a  licensed  game breeding and
25    hunting preserve area, and such tag shall remain upon the leg
26    of such game bird until such bird  is  finally  prepared  for
27    consumption.  Those licensed areas which dress game birds may
28    affix the tag to the bag in which the dressed game birds  are
29    bird  is  contained. Upon application and payment of a fee of
30    10 cents for each such  tag,  the  Department  shall  furnish
31    licensees  with such tags; provided that the Department shall
32    not in any year furnish any licensee  a  number  of  tags  in
33    excess  of  the  number  of  game birds which may lawfully be
                            -7-      LRB093 03880 JAM 15218 a
 1    taken from such licensed area as hereinbefore  provided.  All
 2    game  birds  harvested  on  licensed areas are to be properly
 3    banded on the same day they are taken.
 4    (Source: P.A. 84-150.)

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