Bill Text: IL HB4721 | 2009-2010 | 96th General Assembly | Enrolled

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Bill Title: Amends the Fish and Aquatic Life Code. Provides that any person on active duty with the Armed Forces of the United States who (i) is now and was at the time of entering the Armed Forces a resident of Illinois, (ii) entered the Armed Forces from this State, and (iii) is presently on leave from the Armed Forces may fish as permitted by the Code without procuring a license, but only during such period of time and only with sport fishing devices as are permitted by the Code. Amends the Wildlife Code. Provides that any person on active duty with the Armed Forces of the United States who (i) is now and who was at the time of entering the Armed Forces a resident of Illinois, (ii) entered the Armed Forces from this State, and (iii) is presently on leave (rather than on "ordinary leave") from the Armed Forces may hunt certain protected species without procuring a hunting license, but the hunting shall be done only during such periods of time and with devices and by methods as are permitted by the Act.

Sponsorship: Slight Partisan Bill (Democrat 6-2)

Status: (Passed) 2010-07-23 - Public Act . . . . . . . . . 96-1226 [HB4721 Detail]

Download: Illinois-2009-HB4721-Enrolled.html

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AN ACT concerning wildlife.
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 Section 20-15 as follows:
(515 ILCS 5/20-15) (from Ch. 56, par. 20-15)
Sec. 20-15. Owners fishing own land; exemption. The owners
or bona fide tenants of lands, actually residing on the lands
and their children, parents, brothers, and sisters actually
permanently residing with them have the right to take with a
sport fishing device fish of the kind permitted to be taken or
caught under this Code from waters lying upon or flowing over
the lands without procuring licenses to do so. This exemption
does not apply to club lakes, organizational lakes, or lake
developments. Any individual on active duty with the armed
forces of the United States who is now and was at the time of
entering the Armed Forces a resident of Illinois, who entered
the Armed Forces from this State, and who is presently on
ordinary or emergency leave from the Armed Forces has the right
to catch or take with a sport fishing device fish permitted to
be taken or caught by this Code without procuring a license.
Any individual exempt from licensure under this Section has
only the authority and privileges in taking fish as are

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provided by this Code. Fishing by an exempt individual may be
done only during seasons when it is lawful.
(Source: P.A. 89-66, eff. 1-1-96.)
Section 10. The Wildlife Code is amended by changing
Section 3.1 as follows:
(520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
Sec. 3.1. License and stamps required.
(a) Before any person shall take or attempt to take any of
the species protected by Section 2.2 for which an open season
is established under this Act, he shall first have procured and
possess a valid hunting license, except as provided in Section
3.1-5 of this Code.
Before any person 16 years of age or older shall take or
attempt to take any bird of the species defined as migratory
waterfowl by Section 2.2, including coots, he shall first have
procured a State Migratory Waterfowl Stamp.
Before any person 16 years of age or older takes, attempts
to take, or pursues any species of wildlife protected by this
Code, except migratory waterfowl, coots, and hand-reared birds
on licensed game breeding and hunting preserve areas and state
controlled pheasant hunting areas, he or she shall first obtain
a State Habitat Stamp. Disabled veterans and former prisoners
of war shall not be required to obtain State Habitat Stamps.
Any person who obtained a lifetime license before January 1,

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1993, shall not be required to obtain State Habitat Stamps.
Income from the sale of State Furbearer Stamps and State
Pheasant Stamps received after the effective date of this
amendatory Act of 1992 shall be deposited into the State
Furbearer Fund and State Pheasant Fund, respectively.
Before any person 16 years of age or older shall take,
attempt to take, or sell the green hide of any mammal of the
species defined as fur-bearing mammals by Section 2.2 for which
an open season is established under this Act, he shall first
have procured a State Habitat Stamp.
(b) Before any person who is a non-resident of the State of
Illinois shall take or attempt to take any of the species
protected by Section 2.2 for which an open season is
established under this Act, he shall, unless specifically
exempted by law, first procure a non-resident license as
provided by this Act for the taking of any wild game.
Before a nonresident shall take or attempt to take
white-tailed deer, he shall first have procured a Deer Hunting
Permit as defined in Section 2.26 of this Code.
Before a nonresident shall take or attempt to take wild
turkeys, he shall have procured a Wild Turkey Hunting Permit as
defined in Section 2.11 of this Code.
(c) The owners residing on, or bona fide tenants of, farm
lands and their children, parents, brothers, and sisters
actually permanently residing on their lands shall have the
right to hunt any of the species protected by Section 2.2 upon

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their lands and waters without procuring hunting licenses; but
the hunting shall be done only during periods of time and with
devices and by methods as are permitted by this Act. Any person
on active duty with the Armed Forces of the United States who
is now and who was at the time of entering the Armed Forces a
resident of Illinois and who entered the Armed Forces from this
State, and who is presently on ordinary or emergency leave from
the Armed Forces, and any resident of Illinois who is disabled
may hunt any of the species protected by Section 2.2 without
procuring a hunting license, but the hunting shall be done only
during such periods of time and with devices and by methods as
are permitted by this Act. For the purpose of this Section a
person is disabled when that person has a Type 1 or Type 4,
Class 2 disability as defined in Section 4A of the Illinois
Identification Card Act. For purposes of this Section, an
Illinois Disabled Person Identification Card issued pursuant
to the Illinois Identification Card Act indicating that the
person named has a Type 1 or Type 4, Class 2 disability shall
be adequate documentation of the disability.
(d) A courtesy non-resident license, permit, or stamp for
taking game may be issued at the discretion of the Director,
without fee, to any person officially employed in the game and
fish or conservation department of another state or of the
United States who is within the State to assist or consult or
cooperate with the Director; or to the officials of other
states, the United States, foreign countries, or officers or

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representatives of conservation organizations or publications
while in the State as guests of the Governor or Director. The
Director may provide to nonresident participants and official
gunners at field trials an exemption from licensure while
participating in a field trial.
(e) State Migratory Waterfowl Stamps shall be required for
those persons qualifying under subsections (c) and (d) who
intend to hunt migratory waterfowl, including coots, to the
extent that hunting licenses of the various types are
authorized and required by this Section for those persons.
(f) Registration in the U.S. Fish and Wildlife Migratory
Bird Harvest Information Program shall be required for those
persons who are required to have a hunting license before
taking or attempting to take any bird of the species defined as
migratory game birds by Section 2.2, except that this
subsection shall not apply to crows in this State or
hand-reared birds on licensed game breeding and hunting
preserve areas, for which an open season is established by this
Act. Persons registering with the Program must carry proof of
registration with them while migratory bird hunting.
The Department shall publish suitable prescribed
regulations pertaining to registration by the migratory bird
hunter in the U.S. Fish and Wildlife Service Migratory Bird
Harvest Information Program.
(Source: P.A. 94-1024, eff. 7-14-06.)