Bill Title: Amends the Fish and Aquatic Life Code. Provides that the Department of Natural Resources shall by administrative rule provide for the automatic renewal of a fishing license upon the request of the applicant. Provides that, except as otherwise provided in the Code, for sport fishing devices or spearing devices, residents of the State may obtain a 3-year (rather than a 5-year) fishing license. Provides that the fee for a 3-year fishing license is 3 times the annual fee (rather than $62.50). Provides that for residents age 65 or older, the fee is one half of the fee charged for a 3-year (rather than a 5-year) fishing license. Provides that for resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year fishing license. Provides that veterans must provide to the Department, per administrative rule, verification of their service (rather than provide verification of service at one of the Department's 5 regional offices). Provides that the Department shall establish what constitutes suitable verification of service for the purpose of issuing 3-year (rather than a 5-year) fishing licenses to resident veterans at a reduced fee. Provides that any person whose license, stamps, permits, or any other privilege issued by the Department of Natural Resources has been suspended or revoked shall immediately return proof of such privileges to the Department. Provides that the Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Provides that any person failing to comply with this provision by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor. Amends the Wildlife Code. Provides that residents of the State may obtain a 3-year hunting license to hunt all species for 3 times the annual fee (rather than a 5-year hunting license to hunt all species for $52). Provides that for residents age 65 or older and resident veterans of the United States Armed Forces after returning from service abroad or mobilization by the President of the United States, the fee is one-half of the fee charged for a 3-year (rather than a 5-year) hunting license to hunt all species for a resident of this State. Provides that veterans must provide to the Department, per administrative rule, verification of their service. Provides that the Department shall establish what constitutes suitable verification of service for the purpose of issuing resident veterans 3-year hunting licenses at a reduced fee. Provides that any person whose license, stamps, permits, or any other privilege issued by the Department has been suspended or revoked shall immediately return proof of such privileges to the Department. Provides that the Department, or any law enforcement entity, is authorized to take possession of any proof of privileges. Provides that any person failing to comply with this provision by possessing a suspended or revoked license, stamp, or permit issued by the Department after having received written notice from the Department or any other State agency or department of such suspension or revocation is guilty of a Class A misdemeanor.
Spectrum: Slight Partisan Bill (Democrat 30-17)
Status: (Passed) 2023-08-04 - Public Act . . . . . . . . . 103-0456
[HB3677 Detail]Download: Illinois-2023-HB3677-Chaptered.html
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Public Act 103-0456
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HB3677 Enrolled | LRB103 28194 RLC 54573 b |
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AN ACT concerning fishing and hunting.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Fish and Aquatic Life Code is amended by |
changing Sections 20-45 and 20-105 as follows:
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(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
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Sec. 20-45. License fees for residents. Fees for licenses |
for residents
of the State of Illinois shall be as follows:
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(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 |
$14.50 for individuals 16 to 64 years old,
one-half of the |
current fishing license fee for individuals age 65 or |
older,
and, commencing with the 2012 license year, |
one-half of the current fishing license fee for resident |
veterans of the United States Armed Forces after returning |
from service abroad or mobilization by the President of |
the United States as an active duty member of the United |
States Armed Forces, the Illinois National Guard, or the |
Reserves of the United States Armed Forces. Veterans must |
provide to the Department acceptable verification of their |
service. The Department shall establish by administrative |
rule the procedure by which such verification of service |
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shall be made to the Department for the purpose of issuing |
fishing licenses to resident veterans at a reduced fee.
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(a-3) 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, residents |
of this State may obtain a 3-year fishing license. The fee |
for a 3-year fishing license is 3 times the annual fee. For |
residents age 65 or older, the fee is one half of the fee |
charged for a 3-year fishing license. For resident |
veterans of the United States Armed Forces after returning |
from service abroad or mobilization by the President of |
the United States, the fee is one-half of the fee charged |
for a 3-year fishing license. Veterans must provide to the |
Department, per administrative rule, verification of their |
service. The Department shall establish what constitutes |
suitable verification of service for the purpose of |
issuing 3-year fishing licenses to resident veterans at a |
reduced fee. |
(a-5) The fee for all sport fishing licenses shall be |
$1 for an annual license and 3 times the annual fee for a |
3-year license for residents over 75 years of age. |
(b) All residents before using any commercial fishing |
device shall
obtain a commercial fishing license, the fee |
for which shall be $60 and a resident fishing license, the |
fee for which is $14.50.
Each and every commercial device |
used shall be licensed by a resident
commercial fisherman |
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as follows:
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(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.
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(2) For each device to fish with a 100 hook trot |
line
device,
basket trap, hoop net, or dip net the fee |
is $3.
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(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.
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These fees shall apply to all gill nets in use in the |
water or on drying
reels on the shore.
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(4) For each 100 lineal yards, or fraction |
thereof, of gill net
or trammel net the fee is $18.
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(c) Residents of this 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
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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 |
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license fee shall be $25.50.
For residents age 65 or |
older, the fee is one-half of the fee charged for a
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sportsmen's combination license. For resident veterans of |
the United States Armed Forces after returning from |
service abroad or mobilization by the President of the |
United States as an active duty member of the United |
States Armed Forces, the Illinois National Guard, or the |
Reserves of the United States Armed Forces, the fee, |
commencing with the 2012 license year, is one-half of the |
fee charged for a
sportsmen's combination license. |
Veterans must provide to the Department acceptable |
verification of their service. The Department shall |
establish by administrative rule the procedure by which |
such verification of service shall be made to the |
Department for the purpose of issuing sportsmen's
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combination licenses to resident veterans at a reduced |
fee.
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(c-5) Residents of this State may obtain a 3-year |
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-3) 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. A 3-year sportsmen's |
combination license shall not be issued to any individual |
who would be ineligible for either the fishing or hunting |
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license separately. The 3-year sportsmen's combination |
license fee shall be 3 times the annual fee. For residents |
age 65 or older, the fee is one-half of the fee charged for |
a 3-year sportsmen's combination license. For resident |
veterans of the United States Armed Forces after returning |
from service abroad or mobilization by the President of |
the United States, the fee is one-half of the fee charged |
for a 3-year sportsmen's combination license. Veterans |
must provide to the Department, per administrative rule, |
verification of their service. The Department shall |
establish what constitutes suitable verification of |
service for the purpose of issuing 3-year sportsmen's |
combination licenses to resident veterans at a reduced |
fee. |
(d) For 24 hours of fishing
by sport fishing devices
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as defined in Section 10-95 or by spearing devices as |
defined in Section
10-110 the fee is $5. This license does |
not exempt the licensee from the
requirement for a salmon |
or inland trout 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) or (a-3) of this Section.
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(e) All residents before using any commercial mussel |
device shall
obtain a commercial mussel license, the fee |
for which shall be $50.
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(f) Residents of this State, upon establishing |
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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:
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(1) Lifetime fishing: 30 x the current fishing |
license fee.
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(2) Lifetime hunting: 30 x the current hunting |
license fee.
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(3) Lifetime sportsmen's combination license: 30 x |
the current
sportsmen's combination license fee.
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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 |
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rules or regulations or other provisions under this Code or , |
the
Wildlife Code, or a violation of the United States Code |
that involves the taking, possessing, killing, harvesting, |
transportation, selling, exporting, or importing any fish or |
aquatic life protected by this Code or the taking, possessing, |
killing, harvesting, transportation, selling, exporting, or |
importing any fauna protected by the Wildlife Code when any |
part of the United States Code violation occurred in Illinois. |
Individuals under 16 years of age who possess a lifetime
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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
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and have them in their possession while fishing or hunting |
with a lifetime
license. All fees received from the issuance
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of lifetime licenses shall be deposited in the Fish and |
Wildlife Endowment
Fund.
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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 24 |
hours after the effective date and time listed
on the face of |
the license. Licenses issued under subsection (a-3) or (c-5) |
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shall expire on March 31 of the 2nd year after the year in |
which the license is issued.
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The Department shall by administrative rule provide for |
the automatic renewal of a fishing license upon the request of |
the applicant. |
All individuals required to have and failing to have the |
license provided
for in subsection (a) , (a-3), or (d) of this |
Section shall be fined according to the
provisions of Section |
20-35 of this Code.
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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.
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(g) For the purposes of this Section, "acceptable |
verification" means official documentation from the Department |
of Defense
or the appropriate Major Command showing |
mobilization dates or service abroad
dates, including: (i) a |
DD-214, (ii) a letter from the Illinois Department of
Military |
Affairs for members of the Illinois National Guard, (iii) a |
letter
from the Regional Reserve Command for members of the |
Armed Forces Reserve,
(iv) a letter from the Major Command |
covering Illinois for active duty
members, (v) personnel |
records for mobilized State employees, and (vi) any
other |
documentation that the Department, by administrative rule, |
deems
acceptable to establish dates of mobilization or service |
abroad. |
For the purposes of this Section, the term "service |
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abroad" means active
duty service outside of the 50 United |
States and the District of Columbia, and
includes all active |
duty service in territories and possessions of the United
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States. |
(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22; |
revised 7-26-22.)
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(515 ILCS 5/20-105) (from Ch. 56, par. 20-105)
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Sec. 20-105. Revocation and suspension; refusal to issue.
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(a) Whenever a license or permit is issued to any person |
under this Code
and its holder is found guilty of any |
misrepresentation in obtaining the
license or permit or of a |
violation of Section 48-3 of the Criminal Code of 2012 or a |
violation of any of the provisions of this Code,
including |
administrative rules, or a violation of the United States Code |
that involves the taking, possessing, killing, harvesting, |
transportation, selling, exporting, or importing any aquatic |
life protected by this Code when any part of the United States |
Code violation occurred in Illinois, the license or permit may |
be revoked by the
Department and the Department may refuse to |
issue any permit or license to
that 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 |
the revocation. Department revocation procedure shall be
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established by administrative rule.
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(b) Whenever any person who has not been issued a license |
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or a permit
under the provisions of this Code is found guilty |
of a violation of Section 48-3 of the Criminal Code of 2012 or |
a violation of the
provisions of this Code, including |
administrative rules, or a violation of the United States Code |
that involves the taking, possessing, killing, harvesting, |
transportation, selling, exporting, or importing any aquatic |
life protected by this Code when any part of the United States |
Code violation occurred in Illinois, the Department may
refuse |
to issue any permit or license to that person, and suspend that
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person from engaging in the activity requiring the permit or |
license for a
period of time not to exceed 5 years.
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(c) Any person who knowingly or intentionally violates any
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of the provisions of this Code, including administrative |
rules, during the
5 years following the revocation of his or |
her license or permit under
subsection (a) or during the time |
he is suspended under subsection
(b), shall be guilty of a |
Class A misdemeanor as provided in Section 20-35. The |
penalties for a violation of Section 48-3 of the Criminal Code |
of 2012 shall be as provided in that Section.
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(d) A person whose license or permit to engage in any |
activity regulated
by this
Code has been suspended or revoked |
may not, during the period of the suspension
or
revocation or |
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the |
suspension or revocation or (ii) serve
as a guide,
outfitter, |
or facilitator for a person who is engaged or prepared to |
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engage in
the activity
covered by the suspension or |
revocation.
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(e) No person may be issued or obtain a license or permit |
or engage in any
activity regulated by this Code during the |
time that the person's privilege to
engage in the
same or |
similar activities is suspended or revoked by another state, |
by a
federal agency,
or by a province of Canada.
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(f) Any person whose license, stamps, permits, or any |
other privilege issued by the Department has been suspended or |
revoked shall immediately return proof of such privileges to |
the Department. The Department, or any law enforcement entity, |
is authorized to take possession of any proof of privileges. |
Any person failing to comply with this subsection by |
possessing a suspended or revoked license, stamp, or permit |
issued by the Department after having received written notice |
from the Department or any other State agency or department of |
such suspension or revocation is guilty of a Class A |
misdemeanor. |
(Source: P.A. 102-837, eff. 5-13-22.)
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Section 10. The Wildlife Code is amended by changing |
Sections 3.2, 3.4, and 3.36 as follows:
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(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
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Sec. 3.2. Hunting license; application; instruction. |
Before the
Department or any county, city, village, township, |
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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
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names and mailing addresses of the agents. Each clerk or his |
duly
designated agent shall be authorized to sell licenses and |
stamps only
within the territorial area for which he was |
elected or appointed. No duly
designated agent is authorized |
to furnish licenses or stamps for
issuance by any other |
business establishment. Each
application shall be executed and |
sworn to and shall set forth the name
and description of the |
applicant and place of residence.
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No hunting license shall be issued to any person born on or |
after January
1,
1980
unless he presents the person authorized |
to issue the license
evidence that he has held a hunting |
license issued by the State of Illinois
or another state in a |
prior year, or a certificate of competency as
provided in this |
Section. Persons under 18 years of age may be issued a
Lifetime |
Hunting or Sportsmen's Combination License as provided under |
Section
20-45 of the Fish and Aquatic Life Code but shall not |
be entitled to hunt alone, without the supervision of an adult |
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age 21 or older,
unless they have a certificate of competency |
as provided in this Section and
the certificate is in their |
possession while hunting.
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The Department of Natural Resources shall authorize
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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
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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.
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The Department of Natural Resources shall designate any
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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
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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 |
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authorized to issue licenses. Funds for the conducting of
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firearms and hunter safety courses shall be taken from the fee |
charged
for the Firearm Owners Identification Card.
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The fee for a hunting license to hunt all species for a |
resident of
Illinois is $12. For residents age 65 or older, |
and, commencing with the 2012 license year, resident veterans |
of the United States Armed Forces after returning from service |
abroad or mobilization by the President of the United States |
as an active duty member of the United States Armed Forces, the |
Illinois National Guard, or the Reserves of the United States |
Armed Forces, the fee is one-half of the
fee charged for a |
hunting license to hunt all species for a resident of
|
Illinois. Veterans must provide to the Department acceptable |
verification of their service. The Department shall establish |
by administrative rule the procedure by which such |
verification of service shall be made to the Department for |
the purpose of issuing resident veterans hunting
licenses at a |
reduced fee. The fee for a hunting license to hunt all species |
shall be $1 for residents over 75 years of age. Nonresidents |
shall be charged $57 for a hunting license.
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Residents of this State may obtain a 3-year hunting |
license to hunt all species as described in Section 3.1 for 3 |
times the annual fee. For residents age 65 or older and |
resident veterans of the United States Armed Forces after |
returning from service abroad or mobilization by the President |
of the United States, the fee is one-half of the fee charged |
|
for a 3-year hunting license to hunt all species as described |
in Section 3.1 for a resident of this State. Veterans must |
provide to the Department, per administrative rule, |
verification of their service. The Department shall establish |
what constitutes suitable verification of service for the |
purpose of issuing resident veterans 3-year hunting licenses |
at a reduced fee. |
Nonresidents may be issued a nonresident hunting license |
for a
period not to exceed 10 consecutive days' hunting in the |
State and shall
be charged a fee of $35.
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A special nonresident hunting license authorizing a |
nonresident to
take game birds by hunting on a game breeding |
and hunting preserve
area only, established under Section |
3.27, shall be issued upon proper
application being made and |
payment of a fee equal to that for a resident
hunting license. |
The expiration date of this license shall be on the same
date |
each year that game breeding and hunting preserve
area |
licenses expire.
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Each applicant for a State Migratory Waterfowl Stamp, |
regardless of
his residence or other condition, shall pay a |
fee of $15 and
shall receive a stamp. The fee for a State |
Migratory Waterfowl Stamp shall be waived for residents over |
75 years of age. Except as provided under
Section 20-45 of the |
Fish and Aquatic Life Code,
the stamp shall be signed by the |
person or affixed to his license
or permit in a space |
designated by the Department for that purpose.
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Each applicant for a State Habitat Stamp, regardless of |
his residence
or other condition, shall pay a fee of $5 and |
shall receive a
stamp. The fee for a State Habitat Stamp shall |
be waived for residents over 75 years of age. Except as |
provided under Section 20-45 of the Fish and Aquatic Life
|
Code, the stamp shall be signed by the person or affixed to his |
license or
permit in a space designated by the Department for |
that purpose.
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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.
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The fees for State Pheasant Stamps and State Furbearer |
Stamps shall be waived for residents over 75 years of age. |
The Department shall furnish the holders of hunting |
licenses and stamps
with an insignia as evidence of possession |
of license, or license and
stamp, as the Department may |
consider advisable. The insignia shall be
exhibited and used |
as the Department may order.
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All other hunting licenses and all State stamps shall |
expire upon
March 31 of each year. Three-year hunting licenses |
shall expire on March 31 of the 2nd year after the year in |
which the license is issued.
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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.
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For the purposes of this Section, "acceptable |
verification" means official documentation from the Department |
of Defense or the appropriate Major Command showing |
mobilization dates or service abroad dates, including: (i) a |
DD-214, (ii) a letter from the Illinois Department of Military |
Affairs for members of the Illinois National Guard, (iii) a |
letter from the Regional Reserve Command for members of the |
Armed Forces Reserve, (iv) a letter from the Major Command |
covering Illinois for active duty members, (v) personnel |
records for mobilized State employees, and (vi) any other |
documentation that the Department, by administrative rule, |
deems acceptable to establish dates of mobilization or service |
abroad. |
For the purposes of this Section, the term "service |
abroad" means active duty service outside of the 50 United |
States and the District of Columbia, and includes all active |
duty service in territories and possessions of the United |
States. |
(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)
|
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(520 ILCS 5/3.4) (from Ch. 61, par. 3.4)
|
Sec. 3.4. Trapping licenses. Before a trapping license |
shall be issued
to any person, such person shall make |
application to the Department or any
county, city, village, |
township or incorporated town clerk or his or her duly
|
designated agent upon an application form provided by the |
Department.
This application shall be executed and sworn to |
and shall set forth the
name and description of the applicant |
and his or her place of residence.
|
Residents of this State may obtain a one-year trapping |
license. |
The fee for a one-year trapping license for a resident of
|
this State shall be $10.00.
|
Residents of this State may obtain a 3-year trapping |
license. The fee for a 3-year trapping license for a resident |
of this State shall be 3 times the annual fee for a one-year |
trapping license. |
The Department may provide for a one-year non-resident |
trapping license provided
that any non-resident shall be |
charged a fee of $175,
and if the state in which the applicant
|
resides does not provide for trapping mammals by Illinois
|
residents, then the fee shall be $250.
|
Every person trapping mammals shall make a report properly
|
sworn to, to the Department, upon blanks supplied by the |
Department for
such purpose, of all hides of mammals taken, |
sold, shipped
or dealt in, during the open seasons for mammals |
|
together with
the names and addresses of the parties to whom
|
the same were sold or shipped. Such report shall be made to the
|
Department within 15 days after the close of the trapping
|
season. Failure to report or filing false reports shall |
subject the person
to the penalties provided in Section 3.5. |
Further, the Department may
refuse to issue a trapping license |
for the following year to any person who
has failed to file |
such a report.
|
One-year All trapping licenses shall expire on March 31 of |
each year. Three-year trapping licenses shall expire on March |
31 of the second year after the year in which the trapping |
license is issued.
|
(Source: P.A. 100-123, eff. 1-1-18 .)
|
(520 ILCS 5/3.36) (from Ch. 61, par. 3.36)
|
Sec. 3.36. Revocation and suspension.
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(a) Whenever a license or permit is issued to any person
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under this Act, and the holder thereof is found guilty of any
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misrepresentation in obtaining such license or permit or of a |
violation of Section 48-3 of the Criminal Code of 2012 or a |
violation of
any of the provisions of this Act, including |
administrative rules, or a violation of the United States Code |
that involves the taking, possessing, killing, harvesting, |
transportation, selling, exporting, or importing any wildlife |
protected by this Code when any part of the United States Code |
violation occurred in Illinois, his
license or permit may be |
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revoked by the Department, and the Department may
refuse to |
issue any permit or license to such person and may suspend the
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person from engaging in the activity requiring the permit or |
license for a
period of time not to exceed 5 years following |
such revocation.
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Department revocation procedures shall be established by |
Administrative
rule.
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(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 Section 48-3 of the Criminal Code of 2012 or |
a violation of the
provisions of this Code, including |
administrative rules, or a violation of the United States Code |
that involves the taking, possessing, killing, harvesting, |
transportation, selling, exporting, or importing any wildlife |
protected by this Code when any part of the United States Code |
violation occurred in Illinois, the Department may
refuse to |
issue any permit or license to that person, and suspend that
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person from engaging in the activity requiring the permit or |
license for a
period of time not to exceed 5 years.
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(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. The penalties for a violation of Section 48-3 of |
the Criminal Code of 2012 shall be as provided in that Section.
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(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
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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
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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.
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(e) A person whose license or permit to engage in any |
activity regulated
by
this
Code has been suspended or revoked |
may not, during the period of the suspension
or
revocation or |
until obtaining such a license or permit, (i) be in the company
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of any person
engaging in the activity covered by the |
suspension or revocation or (ii) serve
as a guide,
outfitter, |
or facilitator for a person who is engaged or prepared to |
engage in
the activity
covered by the suspension or |
revocation.
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(f) No person may be issued or obtain a license or permit |
or engage in any
activity
regulated by this Code during the |
time that the person's privilege to engage in
the same
or |
similar activities is suspended or revoked by another state, |
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by a federal
agency, or by a
province of Canada.
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(g) Any person whose license, stamps, permits, or any |
other privilege issued by the Department has been suspended or |
revoked shall immediately return proof of such privileges to |
the Department. The Department, or any law enforcement entity, |
is authorized to take possession of any proof of privileges. |
Any person failing to comply with this subsection by |
possessing a suspended or revoked license, stamp, or permit |
issued by the Department after having received written notice |
from the Department or any other State agency or department of |
such suspension or revocation is guilty of a Class A |
misdemeanor. |
(Source: P.A. 102-837, eff. 5-13-22.)
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