100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2663

 

Introduced 2/13/2018, by Sen. Chuck Weaver

 

SYNOPSIS AS INTRODUCED:
 
520 ILCS 5/1.2v-1 new
520 ILCS 5/3.1  from Ch. 61, par. 3.1
520 ILCS 5/3.1-5
520 ILCS 5/3.1-9
520 ILCS 5/3.2  from Ch. 61, par. 3.2
520 ILCS 5/3.3  from Ch. 61, par. 3.3

    Amends the Wildlife Code. Combines youth hunting and trapping licensing. Provides that the fee for a Youth Hunting and Trapping License is $7. Provides before any youth 18 shall take or attempt to take any species protected by the Code for which an open season is established, the youth shall first procure and possess a valid Youth Hunting and Trapping License. Provides that a Youth Hunting and Trapping License shall entitle the licensee to hunt or trap while supervised by an adult (rather than a parent, grandparent, or guardian) who is 21 years of age or older and has a valid Illinois hunting or trapping license. Provides that youth licensed shall not hunt or trap or carry a hunting or trapping 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 (rather than a parent, grandparent, or guardian) who is 21 years of age or older and has a valid Illinois hunting or trapping license. Provides that if a youth has a valid certificate of competency for hunting or trapping approved by the Department of Natural Resources, he or she is exempt from supervision requirements. Eliminates provision providing that before a trapping license shall be issued to any person under the age of sixteen years, the person shall obtain the written consent of his father, mother, or legally constituted guardian to obtain the license. Defines "youth". Makes conforming changes.


LRB100 17791 SLF 32970 b

 

 

A BILL FOR

 

SB2663LRB100 17791 SLF 32970 b

1    AN ACT concerning wildlife.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Wildlife Code is amended by changing
5Sections 3.1, 3.1-5, 3.1-9, 3.2, and 3.3 and by adding Section
61.2v-1 as follows:
 
7    (520 ILCS 5/1.2v-1 new)
8    Sec. 1.2v-1. Youth. "Youth" means a person under 18 years
9of age.
 
10    (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
11    Sec. 3.1. License and stamps required.
12    (a) Before any person shall take or attempt to take any of
13the species protected by Section 2.2 for which an open season
14is established under this Act, he shall first have procured and
15possess a valid hunting license, except as provided in Section
163.1-5 of this Code.
17    Before any person 18 16 years of age or older shall take or
18attempt to take any bird of the species defined as migratory
19waterfowl by Section 2.2, including coots, he shall first have
20procured a State Migratory Waterfowl Stamp.
21    Before any person 18 16 years of age or older takes,
22attempts to take, or pursues any species of wildlife protected

 

 

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1by this Code, except migratory waterfowl, coots, and
2hand-reared birds on licensed game breeding and hunting
3preserve areas and state controlled pheasant hunting areas, he
4or she shall first obtain a State Habitat Stamp. Veterans with
5disabilities and former prisoners of war shall not be required
6to obtain State Habitat Stamps. Any person who obtained a
7lifetime license before January 1, 1993, shall not be required
8to obtain State Habitat Stamps. Income from the sale of State
9Furbearer Stamps and State Pheasant Stamps received after the
10effective date of this amendatory Act of 1992 shall be
11deposited into the State Furbearer Fund and State Pheasant
12Fund, respectively.
13    Before any person 18 16 years of age or older shall take,
14attempt to take, or sell the green hide of any mammal of the
15species defined as fur-bearing mammals by Section 2.2 for which
16an open season is established under this Act, he shall first
17have procured a State Habitat Stamp.
18    (b) Before any person who is a non-resident of the State of
19Illinois shall take or attempt to take any of the species
20protected by Section 2.2 for which an open season is
21established under this Act, he shall, unless specifically
22exempted by law, first procure a non-resident license as
23provided by this Act for the taking of any wild game.
24    Before a nonresident shall take or attempt to take
25white-tailed deer, he shall first have procured a Deer Hunting
26Permit as defined in Section 2.26 of this Code.

 

 

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1    Before a nonresident shall take or attempt to take wild
2turkeys, he shall have procured a Wild Turkey Hunting Permit as
3defined in Section 2.11 of this Code.
4    (c) The owners residing on, or bona fide tenants of, farm
5lands and their children, parents, brothers, and sisters
6actually permanently residing on their lands shall have the
7right to hunt any of the species protected by Section 2.2 upon
8their lands and waters without procuring hunting licenses; but
9the hunting shall be done only during periods of time and with
10devices and by methods as are permitted by this Act. Any person
11on active duty with the Armed Forces of the United States who
12is now and who was at the time of entering the Armed Forces a
13resident of Illinois and who entered the Armed Forces from this
14State, and who is presently on ordinary or emergency leave from
15the Armed Forces, and any resident of Illinois who has a
16disability may hunt any of the species protected by Section 2.2
17without procuring a hunting license, but the hunting shall be
18done only during such periods of time and with devices and by
19methods as are permitted by this Act. For the purpose of this
20Section a person is a person with a disability when that person
21has a Type 1 or Type 4, Class 2 disability as defined in
22Section 4A of the Illinois Identification Card Act. For
23purposes of this Section, an Illinois Person with a Disability
24Identification Card issued pursuant to the Illinois
25Identification Card Act indicating that the person named has a
26Type 1 or Type 4, Class 2 disability shall be adequate

 

 

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1documentation of the disability.
2    (d) A courtesy non-resident license, permit, or stamp for
3taking game may be issued at the discretion of the Director,
4without fee, to any person officially employed in the game and
5fish or conservation department of another state or of the
6United States who is within the State to assist or consult or
7cooperate with the Director; or to the officials of other
8states, the United States, foreign countries, or officers or
9representatives of conservation organizations or publications
10while in the State as guests of the Governor or Director. The
11Director may provide to nonresident participants and official
12gunners at field trials an exemption from licensure while
13participating in a field trial.
14    (e) State Migratory Waterfowl Stamps shall be required for
15those persons qualifying under subsections (c) and (d) who
16intend to hunt migratory waterfowl, including coots, to the
17extent that hunting licenses of the various types are
18authorized and required by this Section for those persons.
19    (f) Registration in the U.S. Fish and Wildlife Migratory
20Bird Harvest Information Program shall be required for those
21persons who are required to have a hunting license before
22taking or attempting to take any bird of the species defined as
23migratory game birds by Section 2.2, except that this
24subsection shall not apply to crows in this State or
25hand-reared birds on licensed game breeding and hunting
26preserve areas, for which an open season is established by this

 

 

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1Act. Persons registering with the Program must carry proof of
2registration with them while migratory bird hunting.
3    The Department shall publish suitable prescribed
4regulations pertaining to registration by the migratory bird
5hunter in the U.S. Fish and Wildlife Service Migratory Bird
6Harvest Information Program.
7(Source: P.A. 99-143, eff. 7-27-15.)
 
8    (520 ILCS 5/3.1-5)
9    Sec. 3.1-5. Apprentice Hunter License Program.
10    (a) The Beginning 120 days after the effective date of this
11amendatory Act of the 94th General Assembly, the Department
12shall establish an Apprentice Hunter License Program. The
13purpose of this Program shall be to extend limited hunting
14privileges, in lieu of obtaining a valid hunting license, to
15persons interested in learning about hunting sports.
16    (b) Any resident or nonresident may apply to the Department
17for an Apprentice Hunter License. The Apprentice Hunter License
18shall be a one-time, non-renewable license that shall expire on
19the March 31 following the date of issuance.
20    (c) The For persons aged 17 and under, the Apprentice
21Hunter License shall entitle the licensee to hunt while
22supervised by a validly licensed resident or nonresident
23parent, guardian, or grandparent. For persons 18 or older, the
24Apprentice Hunter License shall entitle the licensee to hunt
25while supervised by a validly licensed resident or nonresident

 

 

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1hunter who is 21 years of age or older. Possession of an
2Apprentice Hunter License shall serve in lieu of a valid
3hunting license, but does not exempt the licensee from
4compliance with the requirements of this Code and any rules and
5regulations adopted pursuant to this Code.
6    (d) In order to be approved for the Apprentice Hunter
7License, the applicant must request an Apprentice Hunter
8License on a form designated and made available by the
9Department and submit a $7 fee, which shall be separate from
10and additional to any other stamp, permit, tag, or license fee
11that may be required for hunting under this Code. The
12Department shall adopt suitable administrative rules that are
13reasonable and necessary for the administration of the program,
14but shall not require any certificate of competency or other
15hunting education as a condition of the Apprentice Hunter
16License.
17(Source: P.A. 95-739, eff. 7-17-08; 96-1213, eff. 7-22-10.)
 
18    (520 ILCS 5/3.1-9)
19    Sec. 3.1-9. Youth Hunting and Trapping License Licenses.
20    (a) Before any Any resident youth age under 18 years of age
21shall take or attempt to take any species protected by Section
222.2 of this Code for which an open season is established, he or
23she shall first procure and possess a valid Youth Hunting and
24Trapping License and under may apply to the Department for a
25Youth Hunting License, which extends limited hunting

 

 

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1privileges. The Youth Hunting and Trapping License shall be a
2renewable license that shall expire on the March 31 following
3the date of issuance. The fee for a Youth Hunting and Trapping
4License is $7.
5    A For youth age 18 and under, the Youth Hunting and
6Trapping License shall entitle the licensee to hunt while
7supervised by an adult a parent, grandparent, or guardian who
8is 21 years of age or older and has a valid Illinois hunting
9license. Possession of a Youth Hunting License shall serve in
10lieu of a valid hunting license, but does not exempt the
11licensee from compliance with the requirements of this Code and
12any rules adopted under this Code.
13    A youth licensed under this subsection (a) shall not hunt
14or carry a hunting device, including, but not limited to, a
15firearm, bow and arrow, or crossbow unless the youth is
16accompanied by and under the close personal supervision of an
17adult a parent, grandparent, or guardian who is 21 years of age
18or older and has a valid Illinois hunting license.
19    At age 19 years or when the youth chooses to hunt by
20himself or herself, he or she is required to successfully
21complete a hunter safety course approved by the Department
22prior to being able to obtain a full hunting license and
23subsequently hunt by himself or herself.
24    In order to be approved for the Youth Hunting License, the
25applicant must request a Youth Hunting License from the
26Department and submit a $7 fee, which shall be separate from

 

 

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1and additional to any other stamp, permit, tag, or license fee
2that may be required for hunting under this Code. The
3Department shall adopt rules for the administration of the
4program, but shall not require any certificate of competency or
5other hunting or trapping education as a condition of the Youth
6Hunting and Trapping License. If a youth has a valid
7certificate of competency for hunting from a hunter safety
8course approved by the Department, he or she is exempt from the
9supervision requirements for youth hunters in this Section.
10    (b) Any resident youth age 18 and under may apply to the
11Department for a Youth Trapping License, which extends limited
12trapping privileges. The Youth Trapping License shall be a
13renewable license that shall expire on the March 31 following
14the date of issuance.
15    A For youth age 18 and under, the Youth Hunting and
16Trapping License shall entitle the licensee to trap while
17supervised by an adult a parent, grandparent, or guardian who
18is 21 years of age or older and has a valid Illinois trapping
19license. Possession of a Youth Trapping License shall serve in
20lieu of a valid trapping license, but does not exempt the
21licensee from compliance with the requirements of this Code and
22any rules adopted under this Code.
23    A youth licensed under this Section subsection (b) shall
24not trap or carry a hunting device, including, but not limited
25to, a firearm, bow and arrow, or crossbow unless the youth is
26accompanied by and under the close personal supervision of an

 

 

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1adult a parent, grandparent, or guardian who is 21 years of age
2or older and has a valid Illinois trapping license.
3    At age 19 years or when the youth chooses to trap by
4himself or herself, he or she is required to successfully
5complete a trapper safety course approved by the Department
6prior to being able to obtain a full trapping license and
7subsequently trap by himself or herself.
8    In order to be approved for the Youth Trapping License, the
9applicant must request a Youth Trapping License from the
10Department and submit a $7 fee, which shall be separate from
11and additional to any other stamp, permit, tag, or license fee
12that may be required for trapping under this Code. The
13Department shall adopt rules for the administration of the
14program, but shall not require any certificate of competency or
15other trapping education as a condition of the Youth Hunting
16and Trapping License. If a youth has a valid certificate of
17competency for trapping from a trapper safety course approved
18by the Department, then he or she is exempt from the
19supervision requirements for youth trappers in this Section.
20(Source: P.A. 98-620, eff. 1-7-14; 99-78, eff. 7-20-15; 99-307,
21eff. 1-1-16; 99-868, eff. 1-1-17.)
 
22    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
23    Sec. 3.2. Hunting license; application; instruction.
24Before the Department or any county, city, village, township,
25incorporated town clerk or his duly designated agent or any

 

 

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1other person authorized or designated by the Department to
2issue hunting licenses shall issue a hunting license to any
3person, the person shall file his application with the
4Department or other party authorized to issue licenses on a
5form provided by the Department and further give definite proof
6of identity and place of legal residence. Each clerk
7designating agents to issue licenses and stamps shall furnish
8the Department, within 10 days following the appointment, the
9names and mailing addresses of the agents. Each clerk or his
10duly designated agent shall be authorized to sell licenses and
11stamps only within the territorial area for which he was
12elected or appointed. No duly designated agent is authorized to
13furnish licenses or stamps for issuance by any other business
14establishment. Each application shall be executed and sworn to
15and shall set forth the name and description of the applicant
16and place of residence.
17    No hunting license shall be issued to any person born on or
18after January 1, 1980 unless he presents the person authorized
19to issue the license evidence that he has held a hunting
20license issued by the State of Illinois or another state in a
21prior year, or a certificate of competency as provided in this
22Section. Persons under 18 16 years of age may be issued a
23Lifetime Hunting or Sportsmen's Combination License as
24provided under Section 20-45 of the Fish and Aquatic Life Code
25but shall not be entitled to hunt alone, without the
26supervision of an adult age 21 or order, unless they have a

 

 

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1certificate of competency as provided in this Section and they
2shall have the certificate is in their possession while
3hunting.
4    The Department of Natural Resources shall authorize
5personnel of the Department or certified volunteer instructors
6to conduct courses, of not less than 10 hours in length, in
7firearms and hunter safety, which may include training in bow
8and arrow safety, at regularly specified intervals throughout
9the State. Persons successfully completing the course shall
10receive a certificate of competency. The Department of Natural
11Resources may further cooperate with any reputable association
12or organization in establishing courses if the organization has
13as one of its objectives the promotion of safety in the
14handling of firearms or bow and arrow.
15    The Department of Natural Resources shall designate any
16person found by it to be competent to give instruction in the
17handling of firearms, hunter safety, and bow and arrow. The
18persons so appointed shall give the course of instruction and
19upon the successful completion shall issue to the person
20instructed a certificate of competency in the safe handling of
21firearms, hunter safety, and bow and arrow. No charge shall be
22made for any course of instruction except for materials or
23ammunition consumed. The Department of Natural Resources shall
24furnish information on the requirements of hunter safety
25education programs to be distributed free of charge to
26applicants for hunting licenses by the persons appointed and

 

 

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1authorized to issue licenses. Funds for the conducting of
2firearms and hunter safety courses shall be taken from the fee
3charged for the Firearm Owners Identification Card.
4    The fee for a hunting license to hunt all species for a
5resident of Illinois is $12. For residents age 65 or older,
6and, commencing with the 2012 license year, resident veterans
7of the United States Armed Forces after returning from service
8abroad or mobilization by the President of the United States,
9the fee is one-half of the fee charged for a hunting license to
10hunt all species for a resident of Illinois. Veterans must
11provide to the Department, at one of the Department's 5
12regional offices, verification of their service. The
13Department shall establish what constitutes suitable
14verification of service for the purpose of issuing resident
15veterans hunting licenses at a reduced fee. The fee for a
16hunting license to hunt all species shall be $1 for residents
17over 75 years of age. Nonresidents shall be charged $57 for a
18hunting license.
19    Nonresidents may be issued a nonresident hunting license
20for a period not to exceed 10 consecutive days' hunting in the
21State and shall be charged a fee of $35.
22    A special nonresident hunting license authorizing a
23nonresident to take game birds by hunting on a game breeding
24and hunting preserve area only, established under Section 3.27,
25shall be issued upon proper application being made and payment
26of a fee equal to that for a resident hunting license. The

 

 

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1expiration date of this license shall be on the same date each
2year that game breeding and hunting preserve area licenses
3expire.
4    Each applicant for a State Migratory Waterfowl Stamp,
5regardless of his residence or other condition, shall pay a fee
6of $15 and shall receive a stamp. The fee for a State Migratory
7Waterfowl Stamp shall be waived for residents over 75 years of
8age. Except as provided under Section 20-45 of the Fish and
9Aquatic Life Code, the stamp shall be signed by the person or
10affixed to his license or permit in a space designated by the
11Department for that purpose.
12    Each applicant for a State Habitat Stamp, regardless of his
13residence or other condition, shall pay a fee of $5 and shall
14receive a stamp. The fee for a State Habitat Stamp shall be
15waived for residents over 75 years of age. Except as provided
16under Section 20-45 of the Fish and Aquatic Life Code, the
17stamp shall be signed by the person or affixed to his license
18or permit in a space designated by the Department for that
19purpose.
20    Nothing in this Section shall be construed as to require
21the purchase of more than one State Habitat Stamp by any person
22in any one license year.
23    The fees for State Pheasant Stamps and State Furbearer
24Stamps shall be waived for residents over 75 years of age.
25    The Department shall furnish the holders of hunting
26licenses and stamps with an insignia as evidence of possession

 

 

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1of license, or license and stamp, as the Department may
2consider advisable. The insignia shall be exhibited and used as
3the Department may order.
4    All other hunting licenses and all State stamps shall
5expire upon March 31 of each year.
6    Every person holding any license, permit, or stamp issued
7under the provisions of this Act shall have it in his
8possession for immediate presentation for inspection to the
9officers and authorized employees of the Department, any
10sheriff, deputy sheriff, or any other peace officer making a
11demand for it. This provision shall not apply to Department
12owned or managed sites where it is required that all hunters
13deposit their license, permit, or Firearm Owner's
14Identification Card at the check station upon entering the
15hunting areas.
16(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 
17    (520 ILCS 5/3.3)  (from Ch. 61, par. 3.3)
18    Sec. 3.3. Trapping license required. Before any person
19shall trap any of the mammals protected by this Act, for which
20an open trapping season has been established, he shall first
21procure a trapping license from the Department to do so. No
22traps shall be placed in the field, set or unset, prior to the
23opening day of the trapping season.
24    Traps used in the taking of such mammals shall be marked or
25tagged with metal tags or inscribed in lettering giving the

 

 

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1name and address of the owner, and absence of such mark or tag
2shall be prima facie evidence that such trap or traps are
3illegally used and the trap or traps shall be confiscated and
4disposed of as directed by the Department.
5    Before any person 18 16 years of age or older shall trap,
6attempt to trap, or sell the green hides of any mammal of the
7species defined as fur-bearing mammals by Section 2.2 for which
8an open season is established under this Act, he shall first
9have procured a State Habitat Stamp.
10    Before a trapping license shall be issued to any person
11under the age of sixteen years, such person shall obtain the
12written consent of his father, mother or legally constituted
13guardian to obtain such license.
14    Beginning January 1, 2016, no trapping license shall be
15issued to any person born on or after January 1, 1998 unless he
16or she presents to the authorized issuer of the license
17evidence that he or she has a certificate of competency
18provided for in this Section.
19    The Department of Natural Resources shall authorize
20personnel of the Department, or volunteer instructors, found by
21the Department to be competent, to provide instruction in
22courses on trapping techniques and ethical trapping behavior as
23needed throughout the State, which courses shall be at least 8
24hours in length. Persons so authorized shall provide
25instruction in such courses to individuals at no charge, and
26shall issue to individuals successfully completing such

 

 

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1courses certificates of competency in basic trapping
2techniques. The Department shall cooperate in establishing
3such courses with any reputable association or organization
4which has as one of its objectives the promotion of the ethical
5use of legal fur harvesting devices and techniques. The
6Department shall furnish information on the requirements of the
7trapper education program to be distributed free of charge to
8applicants for trapping licenses by the persons appointed and
9authorized to issue licenses.
10    The owners residing on, or bona fide tenants of farm lands,
11and their children actually residing on such lands, shall have
12the right to trap mammals protected by this Act, for which an
13open trapping season has been established, upon such lands,
14without procuring licenses, provided that such mammals are
15taken during the periods of time and with such devices as are
16permitted by this Act.
17(Source: P.A. 98-913, eff. 1-1-15; 99-868, eff. 1-1-17.)