Public Act 90-0225 of the 90th General Assembly

State of Illinois
Public Acts
90th General Assembly

[ Home ] [ Public Acts ] [ ILCS ] [ Search ] [ Bottom ]


Public Act 90-0225

SB580 Enrolled                                 LRB9003244DJpk

    AN ACT concerning animals, amending named Acts.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Fish and Aquatic Life Code is amended by
changing Sections 20-30, 20-45, 20-55, 20-115, and 20-120  as
follows:

    (515 ILCS 5/20-30) (from Ch. 56, par. 20-30)
    Sec.   20-30.   Application;  issuance  of  license.   No
license shall be issued to use sport  fishing  or  trot  line
devices,  or any other fishing devices, until application has
been made to the Department, to any  county,  city,  village,
township,  or  incorporated  town  clerk, or any other person
authorized or designated by the Department to issue licenses.
Each clerk designating agents to issue licenses   and  salmon
stamps shall furnish the Department, within 10 days following
the  appointment,  the  names  and  mailing  addresses of the
agents.  Applications shall be  executed  and  sworn  to  and
shall set forth the name and description of the applicant and
place  of  residence.  No  license  or  salmon stamp shall be
issued except upon definite proof of identity  and  place  of
legal residence.
    No  clerk  shall  sell any license or salmon stamp at any
place other than within the territorial area for which he  or
she  was  elected  or appointed.  No duly designated agent is
authorized to furnish licenses or salmon stamps for  issuance
by any other person or business establishment.
(Source: P.A. 89-66, eff. 1-1-96.)

    (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
    Sec.  20-45.   License  fees  for  residents.   Fees  for
licenses  for  residents of the State of Illinois shall be as
follows:
         (a)  Except as otherwise provided in  this  Section,
    for  sport fishing devices as defined in Section 10-95 or
    spearing devices as defined in Section 10-110 the fee  is
    $12.50  for  individuals 16 to 64 years old, and one-half
    of the current fishing license fee for individuals age 65
    or older, commencing with the 1994 license year.
         (b)  All  residents  before  using  any   commercial
    fishing device shall obtain a commercial fishing license,
    the fee for which shall be $35. Each and every commercial
    device  used  shall  be licensed by a resident commercial
    fisherman as follows:
              (1)  For each 100  lineal  yards,  or  fraction
         thereof,  of  seine the fee is $18.  For each minnow
         seine, minnow trap, or net for  commercial  purposes
         the fee is $20.
              (2)  For each device license to fish with a 100
         hook trot line device, basket trap, hoop net, or dip
         net the fee is $3.
              (3)  When  used in the waters of Lake Michigan,
         for the first 2000 lineal feet, or fraction thereof,
         of gill net the  fee  is  $10;  and  for  each  1000
         additional lineal feet, or fraction thereof, the fee
         is  $10.  These fees shall apply to all gill nets in
         use in the water or on drying reels on the shore.
              (4)  For each 100  lineal  yards,  or  fraction
         thereof, of gill net or trammel net the fee is $18.
         (c)  Residents of the State of Illinois may obtain a
    sportsmen's  combination  license  that shall entitle the
    holder to the same non-commercial fishing  privileges  as
    residents  holding  a  license as described in subsection
    (a) of this Section and to the same hunting privileges as
    residents holding  a  license  to  hunt  all  species  as
    described  in  Section  3.1  of  the  Wildlife  Code.  No
    sportsmen's  combination  license  shall be issued to any
    individual who would be ineligible for either the fishing
    or   hunting   license   separately.   The    sportsmen's
    combination license fee shall be $18.50.
         (d)  For  one  day  for  fishing in Lake Michigan by
    sport fishing devices as defined in Section 10-95  or  by
    spearing  devices as defined in Section 10-110 the fee is
    $5.  This  license  exempts   the   licensee   from   the
    requirement for a salmon stamp. The licenses provided for
    by  this subsection are not required for residents of the
    State of Illinois who have obtained the license  provided
    for in subsection (a) of this Section.
         (e)  All   residents  before  using  any  commercial
    mussel device shall obtain a commercial  mussel  license,
    the fee for which shall be $50.
         (f)  Residents  of  this  State,  upon  establishing
    residency  as  required  by  the Department, may obtain a
    lifetime  hunting  or   fishing   license   or   lifetime
    sportsmen's  combination  license which shall entitle the
    holder to the same non-commercial fishing  privileges  as
    residents holding a license as described in paragraph (a)
    of  this  Section  and  to the same hunting privileges as
    residents holding  a  license  to  hunt  all  species  as
    described  in  Section  3.1  of  the  Wildlife  Code.  No
    lifetime sportsmen's combination license shall be  issued
    to  or retained by any individual who would be ineligible
    for either the fishing  or  hunting  license  separately,
    either  upon  issuance,  or in any year a violation would
    subject an individual to have either or both  fishing  or
    hunting  privileges  rescinded.  The lifetime hunting and
    fishing license fees shall be as follows:
              (1)  Lifetime  fishing:   30  x   the   current
         fishing license fee.
              (2)  Lifetime   hunting:    30  x  the  current
         hunting license fee.
              (3)  Lifetime sportsmen's combination  license:
         30  x  the  current  sportsmen's combination license
         fee.
         Lifetime licenses shall not be  refundable.   A  $10
    fee  shall be charged for reissuing any lifetime license.
    The Department may establish rules  and  regulations  for
    the issuance and use of lifetime licenses and may suspend
    or  revoke any lifetime license issued under this Section
    for violations of those rules  or  regulations  or  other
    provisions   under   this  Code  or  the  Wildlife  Code.
    Individuals under 16 years of age who possess a  lifetime
    hunting  or sportsmen's combination license shall have in
    their possession, while in the field,  a  certificate  of
    competency  as required under Section 3.2 of the Wildlife
    Code.  Any lifetime license  issued  under  this  Section
    shall  not  exempt  individuals from obtaining additional
    stamps or permits required under the provisions  of  this
    Code  or  the  Wildlife  Code.    Individuals required to
    purchase additional stamps shall sign the stamps and have
    them in their possession while fishing or hunting with  a
    lifetime license.  All fees received from the issuance of
    lifetime  licenses  shall  be  deposited  in the Fish and
    Wildlife Endowment Fund.
    Except for licenses issued under subsection (e)  of  this
Section,  all  licenses  provided  for  in this Section shall
expire on March 31 of each  year,  except  that  the  license
provided  for  in subsection (d) of this Section shall expire
at midnight on the day for which the license was issued.
    All individuals required to have and failing to have  the
license provided for in subsection (a) or (d) of this Section
shall  be  fined according to the provisions of Section 20-35
of this Code.
    All individuals required to have and failing to have  the
licenses  provided  for  in  subsections  (b) and (e) of this
Section shall be guilty of a Class B misdemeanor.
(Source: P.A. 88-91; 89-66, eff. 1-1-96.)

    (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
    Sec. 20-55.  License fees for  non-residents.   Fees  for
licenses  for  non-residents  of the State of Illinois are as
follows:
    (a)  For sport fishing  devices  as  defined  by  Section
10-95, or spearing devices as defined in Section 10-110, upon
submitting  suitable  evidence  of legal residence in another
state, non-residents age 16 or older shall be charged $24 for
a fishing license to  fish.  For  sport  fishing  devices  as
defined  by  Section 10-95, or spearing devices as defined in
Section 10-110, for a period not  to  exceed  10  consecutive
days fishing in the State of Illinois the fee is $12.50.
    For sport fishing devices as defined in Section 10-95, or
spearing  devices  as  defined in Section 10-110, for one day
for fishing in Lake Michigan the fee  is  $5.   This  license
exempts the licensee from the salmon stamp requirement.
    (b)  All   non-residents   before  using  any  commercial
fishing device shall obtain a non-resident commercial fishing
license, the fee for which shall be  $150.   Each  and  every
commercial   device  shall  be  licensed  by  a  non-resident
commercial fisherman as follows:
         (1)  For each 100 lineal yards, or fraction thereof,
    of seine (excluding minnow seines) the fee is $36.
         (2)  For each device license to fish with a 100 hook
    trot line device, basket trap, hoop net, or dip  net  the
    fee is $6.
         (3)  For each 100 lineal yards, or fraction thereof,
    of trammel net the fee is $36.
         (4)  For each 100 lineal yards, or fraction thereof,
    of gill net the fee is $36.

    All  persons  required  to  have  and failing to have the
license provided for in subsection (a) of this Section  shall
be  fined  under  Section  20-35  of  this Code.  Each person
required to have and failing to have  the  licenses  required
under  subsection  (b)  of  this Section shall be guilty of a
Class B misdemeanor.
    All licenses provided for in this Section shall expire on
March 31 of each year; except that licenses for sport fishing
devices or spearing devices for a period  not  to  exceed  10
consecutive days fishing in the State of Illinois as provided
in subsection (a) of this Section shall expire at midnight on
the tenth day after issued, not counting the day issued.
(Source: P.A. 88-91; 89-66, eff. 1-1-96.)

    (515 ILCS 5/20-115) (from Ch. 56, par. 20-115)
    Sec.  20-115.   Form  of  licenses,  stamps, and permits.
Licenses, salmon stamps, inland  trout  stamps,  and  permits
authorized  to be issued under this Code shall be prepared by
the Department and shall be in the  form  prescribed  by  the
Department.  In  addition,  at  the  time  of  issuance,  the
information  required   on each license shall be completed on
it by the issuing agent or his  or  her  sub-agent  and  each
license  shall be signed by the licensee, or initialed by the
designated purchaser and then signed immediately upon receipt
by the licensee, and counter-signed by the issuing  agent  or
his  or  her sub-agent. All licenses shall be supplied by the
Department, subject to  any  rules  and  regulations  as  the
Department may prescribe.  Any license not properly prepared,
obtained, and signed as required by this Code shall be void.
(Source: P.A. 87-833; 88-91.)

    (515 ILCS 5/20-120) (from Ch. 56, par. 20-120)
    Sec. 20-120. Designation of agents; liability; bond.  The
Department   of   Natural  Resources  has  the  authority  to
designate agents to sell licenses,  stamps,  and  permits  on
behalf of the Department.  Any person receiving licenses from
the Department for sale as provided in this Section (i) shall
execute and deliver receipts for the licenses; (ii) shall, on
dates  specified  by the Department, report in writing to the
Department the number and kinds of licenses sold;  and  (iii)
shall,  with  the  report,  make remittance to the Department
covering the amounts due it from the sales.  Failure  on  the
part  of  any  clerk  or  agent  to  fully  comply  with  the
provisions  of  this  Code,  including  administrative rules,
shall be  justification  for  the  Department  to  cancel  or
withdraw  the  issuance  of  licenses  through  that clerk or
agent.  A salmon stamp shall be  deemed  a  license  for  the
purposes of this Section.
    (a)  Any person appointed or designated by the Department
including   any   county,   city,   village,   township,   or
incorporated town clerk issuing licenses provided for in this
Code  may  add  the fees provided in paragraph (b) as the fee
for issuing the licenses.  These clerks, however, shall remit
to the treasurer of the political subdivision of which he  or
she  is an officer or employee, the added fees or any portion
of the added fees he or she collects  provided  in  paragraph
(b). Issuing fees may be divided between the clerks and their
appointed  subagents  other  than  employees  of  the clerk's
office, but in no case may any clerk or  subagent  charge  an
issuing  fee  or  fees totaling more than the issuing fee set
out in this Section.
    (b)  Any  person  authorized  to  issue  licenses   under
subsection  (a)  may  add to the license fee a fee of $.75 in
the case of Sportsmen's Combination Licenses  or  nonresident
hunting licenses, and $.50 in the case of all other licenses,
permits, and stamps.
    (c)  No  person or subagent of any county, city, village,
township, or incorporated town clerk may charge a service fee
for issuing licenses provided  for  in  this  Code,  and  the
charging  of  fees for issuing licenses in excess of the fees
authorized is a petty offense.
    (d)  All fees, less issuing fees, collected from the sale
of licenses and permits and not remitted to the Department as
provided in  this  Section  shall  be  deemed  to  have  been
embezzled  and  the  person  or  officer  responsible for the
remittance is subject to prosecution.  No person handling  or
selling  licenses is required to remit for any license now or
hereafter stolen, by means of forcible entry, or destroyed by
a fire in the premises where the licenses are kept, if he  or
she  submits  an  affidavit  to the Department describing the
circumstances of the theft or cause of  the  destruction  and
listing in the affidavit the type and numbers of the licenses
so stolen or destroyed.
    (e)  Within  30  days after the expiration of the time in
which any class of license is usable,  payment  for  licenses
sold  shall  be  made  in  full to the Department and persons
possessing unused license forms  shall  return  them  to  the
Department prepaid.
    (f)  No  person  is  permitted  to  make  deductions from
remittances sent to the Department for  postage  or  for  the
cost of, or fees for, drafts or money orders.
    (g)  Any county, city, village, township, or incorporated
town  clerk  handling or selling licenses as provided in this
Section is liable to the State personally.  All other persons
designated or appointed by the Department to handle  or  sell
licenses  as provided in this Section shall, before receiving
any licenses for sale, file with the Department a bond in  an
amount  specified  by the Department on a form to be approved
by  and  with  a  surety  or  sureties  satisfactory  to  the
Department conditioned upon the person or persons  paying  to
the  State  of  Illinois all monies becoming due by reason of
the sale of the licenses.
    (h)  No person shall falsify, alter,  or  change  in  any
manner,  or loan or transfer to another, any license, permit,
or tag issued under  this  Section  or  falsify  any  records
required by this Code or counterfeit or duplicate any form of
license, permit, or tag provided for by this Code. Any person
who  violates this subsection shall be subject to the penalty
provisions of Section 20-35 of this Code.
(Source: P.A. 89-445, eff. 2-7-96.)

    Section 10.  The Wildlife Code  is  amended  by  changing
Sections 2.6, 2.26, 3.2, 3.36, and 3.37 as follows:

    (520 ILCS 5/2.6) (from Ch. 61, par. 2.6)
    Sec. 2.6.  Pheasant season; limits.
    It  shall  be  unlawful  for  any  person  to  take  cock
pheasants  except  with  shotgun  or bow and arrow during the
open season which  will  be  set  annually  by  the  Director
between   the   dates   of  October  15--January  31st,  both
inclusive. Dogs may be used in hunting with either shotgun or
bow and arrow.
    It shall be unlawful to take or  possess  more  than  the
daily  limit  and  possession  limit  of cock pheasants.  The
daily and possession limits for cock pheasants shall  be  set
annually  by  the  Director  of  the Department and shall not
exceed a daily limit of 3 and a possession limit of 6, except
as provided by Sections 1.13, 3.27 and 3.28 of this Act.
    It is unlawful to remove  plumage  of  pheasants  in  the
field or while being transported from the field to one's home
or  to a commercial preservation facility to remove the heads
at any time when dressed for storage.
    It shall be unlawful to take or possess hen pheasants  at
any time, except as provided in Section 2.4, 3.23 or 3.27.
    The   provisions   of   this   Section   are  subject  to
modification by administrative rule.
(Source: P.A. 86-158; 87-135; 87-798.)

    (520 ILCS 5/2.26) (from Ch. 61, par. 2.26)
    Sec. 2.26.  Any person  attempting  to  take  deer  shall
first  obtain  a  "Deer  Hunting  Permit"  in accordance with
prescribed regulations set forth in an  Administrative  Rule.
Deer  Hunting Permits shall be issued by the Department.  The
fee for a Deer Hunting Permit to take deer  with  either  bow
and arrow or gun shall not exceed $15.00 for residents of the
State.  The Department may by administrative rule provide for
non-resident  deer hunting permits for which the fee will not
exceed  $100  except  as  provided  below  for   non-resident
landowners.  Permits shall be issued without charge to:
         (a)  Illinois  landowners  residing  in Illinois who
    own at least 40 acres of Illinois land and wish  to  hunt
    their land only,
         (b)  resident  tenants  of  at  least  40  acres  of
    commercial agricultural land where they will hunt, and
         (c)  shareholders  of  a  corporation  which owns at
    least 40 acres of land in a county in Illinois  who  wish
    to hunt on the corporation's land only.  One permit shall
    be  issued  without charge to one shareholder for each 40
    acres of land owned  by  the  corporation  in  a  county;
    however,  the  number of permits issued without charge to
    shareholders of any corporation in any county  shall  not
    exceed 15.
    Bona  fide  landowners or tenants who do not wish to hunt
only on the land they own, rent or lease or shareholders  who
do not wish to hunt only on the land owned by the corporation
shall  be  charged the same fee as the applicant who is not a
landowner, tenant or shareholder.  Nonresidents  of  Illinois
who  own  at least 40 acres of land and wish to hunt on their
land only shall be charged a fee set by administrative  rule.
The method for obtaining these permits shall be prescribed by
administrative rule.
    The deer hunting permit issued without fee shall be valid
on all farm lands which the person to whom it is issued owns,
leases  or  rents, except that in the case of a permit issued
to a shareholder, the permit shall  be  valid  on  all  lands
owned by the corporation in the county.
    The  standards and specifications for use of guns and bow
and  arrow  for  deer  hunting  shall   be   established   by
administrative rule.
    No  person  may  have in his possession any other firearm
not authorized by administrative rule for a specific  hunting
season  or  sidearm  when  taking deer by the use of either a
shotgun, bow and arrow or muzzle loading rifle.
    Persons having a firearm deer  hunting  permit  shall  be
permitted  to  take deer only during the period from 1/2 hour
before sunrise to sunset, and  only  during  those  days  for
which an open season is established for the taking of deer by
use of shotgun or muzzle loading rifle.
    Persons  having  an  archery deer hunting permit shall be
permitted to take deer only during the period from  1/2  hour
before  sunrise  to  1/2  hour  after sunset, and only during
those days for which an open season is  established  for  the
taking of deer by use of bow and arrow.
    It  shall  be unlawful for any person to take deer by use
of dogs, horses, automobiles, aircraft or other vehicles,  or
by  the  use  of  salt  or  bait  of  any  kind.   An area is
considered as baited  during  the  presence  of  and  for  10
consecutive days following the removal of bait.
    It  shall  be  unlawful  to possess or transport any wild
deer which has been injured or killed in any  manner  upon  a
public  highway  or  public right-of-way of this State unless
exempted by administrative rule.
    Persons hunting deer must have gun unloaded  or  bow  and
arrow  cased,  unstrung  or  otherwise  made  inoperable by a
locking device during hours when deer hunting is unlawful.
    It shall be unlawful for any  person,  having  taken  the
legal  limit  of deer by gun, to further participate with gun
in any deer hunting party.
    It shall be unlawful for any  person,  having  taken  the
legal  limit of deer by bow and arrow, to further participate
with bow and arrow in any deer hunting party.
    The Department may prohibit upland  game  hunting  during
the gun deer season by administrative rule.
    It  shall be legal for handicapped persons, as defined in
Section 2.33, to utilize a crossbow  device,  as  defined  in
Department rules, to take deer.
    Any  person  who  violates  any of the provisions of this
Section, including administrative rules, shall be guilty of a
Class B misdemeanor.
(Source: P.A.  87-1015;  87-1243;  87-1268;  88-45;   88-416;
88-670, eff. 12-2-94.)

    (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
person  or 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 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 unless
they have a certificate of competency  as  provided  in  this
Section   and  they  shall  have  the  certificate  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 $7.  For residents age 65  or  older,
the  fee is one-half of the fee charged for a hunting license
to hunt all species for a resident of Illinois.  Nonresidents
shall be charged $50 for a hunting license.
    Upon  submitting  suitable evidence of legal residence in
any other state, 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 $28.
    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  March
31 of each year.
    Each  applicant  for  a  State Migratory Waterfowl Stamp,
regardless of his residence or other condition, shall  pay  a
fee  of  $10  and  shall  receive a stamp. 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. 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 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. 88-45; 88-91; 89-75, eff. 1-1-96; 89-338,  eff.
1-1-96; 89-445, eff. 2-7-96; 89-626, eff. 8-9-96.)

    (520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
    Sec.  3.36.   (a)  Whenever a license or permit is issued
to any person under this Act, and the holder thereof is found
guilty of any misrepresentation in obtaining such license  or
permit  or  of  a  violation of any of the provisions of this
Act, including administrative rules, his  license  or  permit
may  be  revoked  by  the  Department, and the Department may
refuse to issue any permit or license to such person and  may
suspend  the  person  from engaging in the activity requiring
the permit or license for a period of time not  to  exceed  5
years following such revocation.
    Department  revocation procedures shall be established by
Administrative rule.
    (b)  Whenever any  person  who  has  not  been  issued  a
license  or  a  permit  under  the provisions of this Code is
found guilty of a violation of the provisions of  this  Code,
including  administrative rules, the Department may refuse to
issue any permit or license to that person, and suspend  that
person  from engaging in the activity requiring the permit or
license for a period of time not to exceed 5 years.
    (c)  Any person who knowingly or  intentionally  violates
any  of  the provisions of this Act, including administrative
rules, during such period  when  his  license  or  permit  is
revoked  or  denied  by  virtue of this Section or during the
time he is suspended under subsection (b), shall be guilty of
a Class A misdemeanor.
    (d)  Licenses and permits authorized to be  issued  under
the   provisions  of  this  Act  shall  be  prepared  by  the
Department  and  be  in  such  form  as  prescribed  by   the
Department. The information required on each license shall be
completed  thereon  by  the issuing agent or his sub-agent at
the time of issuance and each license shall be signed by  the
licensee,  or  initialed by the designated purchaser and then
signed  immediately  upon  receipt  by  the   licensee,   and
countersigned  by  the  issuing agent or his sub-agent at the
time of issuance. All such licenses shall be supplied by  the
Department,  subject  to  such  rules  and regulations as the
Department may prescribe. Any license not properly  prepared,
obtained and signed as required by this Act shall be void.
(Source: P.A. 87-798.)
    (520 ILCS 5/3.37) (from Ch. 61, par. 3.37)
    Sec.  3.37.   The Department of Natural Resources has the
authority to designate agents to sell  licenses,  stamps  and
permits  on  behalf  of the Department.  Any person receiving
licenses from the Department for sale as provided for in this
Section, shall execute and  deliver  receipts  therefor;  and
shall  on dates specified by the Department report in writing
to the Department the number and kind of licenses  sold,  and
shall,  with such reports, make remittances to the Department
covering the amounts received from such sales. Failure on the
part of any clerk or agent to fully  comply  with  this  Act,
including  administrative  rules,  shall be justification for
the Department to cancel or withdraw the issuance of licenses
through such clerks or  agents.   A  Federal  Migratory  Bird
Hunting  and Conservation Stamp shall be deemed a license for
the purpose of this Section.  Any person  authorized  by  the
Department  including any county, city, village, township, or
incorporated town clerk issuing licenses, permits  or  stamps
provided  for  in this Act, may add the following as the fees
for  issuing  such  licenses:  75  cents  in  the   case   of
Sportsmen's   Combination  Licenses  or  nonresident  hunting
licenses, and 50 cents in the case  of  all  other  licenses,
permits  and stamps.  However, such clerks shall remit to the
treasurer of the political subdivision  of  which  he  is  an
officer or employee, the added fees or any portion thereof he
or  she  collects provided in this Section.  Issuing fees may
be divided between such clerks and their appointed  subagents
other  than  employees  of the clerk's office, but in no case
may any clerk or subagent  charge  an  issuing  fee  or  fees
totaling  more  than the issuing fee set out in this Section.
No person, or subagent of any county, city, village, township
or incorporated town clerk  may  charge  a  service  fee  for
issuing  licenses  provided for in this Act, and the charging
of fees for issuing such  licenses  in  excess  of  the  fees
authorized  is a petty offense.  All fees, less issuing fees,
collected from the sale  of  licenses  and  permits  and  not
remitted to the Department as provided in this Section, shall
be  deemed  to  have been embezzled and the person or officer
responsible for such remittance is subject to prosecution.
(Source: P.A. 89-445, eff. 2-7-96.)

    Section 99.  Effective date.  This Act takes effect  upon
becoming law.

[ Top ]