98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3115

 

Introduced , by Rep. Daniel V. Beiser

 

SYNOPSIS AS INTRODUCED:
 
515 ILCS 5/20-45  from Ch. 56, par. 20-45
520 ILCS 5/3.2  from Ch. 61, par. 3.2

    Amends the Fish and Aquatic Life Code. Provides that commencing with the 2013 license year, the requirement that residents veterans are required to have served abroad or been mobilized by the President of the United States to receive a discounted fishing license is removed. Amends the Wildlife Code. Provides that commencing with the 2013 license year, the requirement that residents veterans are required to have served abroad or been mobilized by the President of the United States to receive a sportsmen's combination license or a hunting license for resident veterans 65 or older is removed. Effective April 1, 2013.


LRB098 07019 CEL 37078 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3115LRB098 07019 CEL 37078 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 Fish and Aquatic Life Code is amended by
5changing Section 20-45 as follows:
 
6    (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
7    Sec. 20-45. License fees for residents. Fees for licenses
8for residents of the State of Illinois shall be as follows:
9        (a) Except as otherwise provided in this Section, for
10    sport fishing devices as defined in Section 10-95 or
11    spearing devices as defined in Section 10-110, the fee is
12    $14.50 for individuals 16 to 64 years old, one-half of the
13    current fishing license fee for individuals age 65 or
14    older, and, commencing with the 2013 2012 license year,
15    one-half of the current fishing license fee for resident
16    veterans of the United States Armed Forces after returning
17    from service abroad or mobilization by the President of the
18    United States. Veterans must provide, to the Department at
19    one of the Department's 5 regional offices, verification of
20    their service. The Department shall establish what
21    constitutes suitable verification of service for the
22    purpose of issuing fishing licenses to resident veterans at
23    a reduced fee.

 

 

HB3115- 2 -LRB098 07019 CEL 37078 b

1        (b) All residents before using any commercial fishing
2    device shall obtain a commercial fishing license, the fee
3    for which shall be $60 and a resident fishing license, the
4    fee for which is $14.50. Each and every commercial device
5    used shall be licensed by a resident commercial fisherman
6    as follows:
7            (1) For each 100 lineal yards, or fraction thereof,
8        of seine the fee is $18. For each minnow seine, minnow
9        trap, or net for commercial purposes the fee is $20.
10            (2) For each device to fish with a 100 hook trot
11        line device, basket trap, hoop net, or dip net the fee
12        is $3.
13            (3) When used in the waters of Lake Michigan, for
14        the first 2000 lineal feet, or fraction thereof, of
15        gill net the fee is $10; and for each 1000 additional
16        lineal feet, or fraction thereof, the fee is $10. These
17        fees shall apply to all gill nets in use in the water
18        or on drying reels on the shore.
19            (4) For each 100 lineal yards, or fraction thereof,
20        of gill net or trammel net the fee is $18.
21        (c) Residents of the State of Illinois may obtain a
22    sportsmen's combination license that shall entitle the
23    holder to the same non-commercial fishing privileges as
24    residents holding a license as described in subsection (a)
25    of this Section and to the same hunting privileges as
26    residents holding a license to hunt all species as

 

 

HB3115- 3 -LRB098 07019 CEL 37078 b

1    described in Section 3.1 of the Wildlife Code. No
2    sportsmen's combination license shall be issued to any
3    individual who would be ineligible for either the fishing
4    or hunting license separately. The sportsmen's combination
5    license fee shall be $25.50. For residents age 65 or older,
6    the fee is one-half of the fee charged for a sportsmen's
7    combination license. For resident veterans of the United
8    States Armed Forces after returning from service abroad or
9    mobilization by the President of the United States, the
10    fee, commencing with the 2013 2012 license year, is
11    one-half of the fee charged for a sportsmen's combination
12    license. Veterans must provide to the Department, at one of
13    the Department's 5 regional offices, verification of their
14    service. The Department shall establish what constitutes
15    suitable verification of service for the purpose of issuing
16    sportsmen's combination licenses to resident veterans at a
17    reduced fee.
18        (d) For 24 hours of fishing by sport fishing devices as
19    defined in Section 10-95 or by spearing devices as defined
20    in Section 10-110 the fee is $5. This license does not
21    exempt the licensee from the requirement for a salmon or
22    inland trout stamp. The licenses provided for by this
23    subsection are not required for residents of the State of
24    Illinois who have obtained the license provided for in
25    subsection (a) of this Section.
26        (e) All residents before using any commercial mussel

 

 

HB3115- 4 -LRB098 07019 CEL 37078 b

1    device shall obtain a commercial mussel license, the fee
2    for which shall be $50.
3        (f) Residents of this State, upon establishing
4    residency as required by the Department, may obtain a
5    lifetime hunting or fishing license or lifetime
6    sportsmen's combination license which shall entitle the
7    holder to the same non-commercial fishing privileges as
8    residents holding a license as described in paragraph (a)
9    of this Section and to the same hunting privileges as
10    residents holding a license to hunt all species as
11    described in Section 3.1 of the Wildlife Code. No lifetime
12    sportsmen's combination license shall be issued to or
13    retained by any individual who would be ineligible for
14    either the fishing or hunting license separately, either
15    upon issuance, or in any year a violation would subject an
16    individual to have either or both fishing or hunting
17    privileges rescinded. The lifetime hunting and fishing
18    license fees shall be as follows:
19            (1) Lifetime fishing: 30 x the current fishing
20        license fee.
21            (2) Lifetime hunting: 30 x the current hunting
22        license fee.
23            (3) Lifetime sportsmen's combination license: 30 x
24        the current sportsmen's combination license fee.
25    Lifetime licenses shall not be refundable. A $10 fee shall
26be charged for reissuing any lifetime license. The Department

 

 

HB3115- 5 -LRB098 07019 CEL 37078 b

1may establish rules and regulations for the issuance and use of
2lifetime licenses and may suspend or revoke any lifetime
3license issued under this Section for violations of those rules
4or regulations or other provisions under this Code or the
5Wildlife Code. Individuals under 16 years of age who possess a
6lifetime hunting or sportsmen's combination license shall have
7in their possession, while in the field, a certificate of
8competency as required under Section 3.2 of the Wildlife Code.
9Any lifetime license issued under this Section shall not exempt
10individuals from obtaining additional stamps or permits
11required under the provisions of this Code or the Wildlife
12Code. Individuals required to purchase additional stamps shall
13sign the stamps and have them in their possession while fishing
14or hunting with a lifetime license. All fees received from the
15issuance of lifetime licenses shall be deposited in the Fish
16and Wildlife Endowment Fund.
17    Except for licenses issued under subsection (e) of this
18Section, all licenses provided for in this Section shall expire
19on March 31 of each year, except that the license provided for
20in subsection (d) of this Section shall expire 24 hours after
21the effective date and time listed on the face of the license.
22    All individuals required to have and failing to have the
23license provided for in subsection (a) or (d) of this Section
24shall be fined according to the provisions of Section 20-35 of
25this Code.
26    All individuals required to have and failing to have the

 

 

HB3115- 6 -LRB098 07019 CEL 37078 b

1licenses provided for in subsections (b) and (e) of this
2Section shall be guilty of a Class B misdemeanor.
3(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
497-1136, eff. 1-1-13.)
 
5    Section 10. The Wildlife Code is amended by changing
6Section 3.2 as follows:
 
7    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
8    Sec. 3.2. Hunting license; application; instruction.
9Before the Department or any county, city, village, township,
10incorporated town clerk or his duly designated agent or any
11other person authorized or designated by the Department to
12issue hunting licenses shall issue a hunting license to any
13person, the person shall file his application with the
14Department or other party authorized to issue licenses on a
15form provided by the Department and further give definite proof
16of identity and place of legal residence. Each clerk
17designating agents to issue licenses and stamps shall furnish
18the Department, within 10 days following the appointment, the
19names and mailing addresses of the agents. Each clerk or his
20duly designated agent shall be authorized to sell licenses and
21stamps only within the territorial area for which he was
22elected or appointed. No duly designated agent is authorized to
23furnish licenses or stamps for issuance by any other business
24establishment. Each application shall be executed and sworn to

 

 

HB3115- 7 -LRB098 07019 CEL 37078 b

1and shall set forth the name and description of the applicant
2and place of residence.
3    No hunting license shall be issued to any person born on or
4after January 1, 1980 unless he presents the person authorized
5to issue the license evidence that he has held a hunting
6license issued by the State of Illinois or another state in a
7prior year, or a certificate of competency as provided in this
8Section. Persons under 16 years of age may be issued a Lifetime
9Hunting or Sportsmen's Combination License as provided under
10Section 20-45 of the Fish and Aquatic Life Code but shall not
11be entitled to hunt unless they have a certificate of
12competency as provided in this Section and they shall have the
13certificate in their possession while hunting.
14    The Department of Natural Resources shall authorize
15personnel of the Department or certified volunteer instructors
16to conduct courses, of not less than 10 hours in length, in
17firearms and hunter safety, which may include training in bow
18and arrow safety, at regularly specified intervals throughout
19the State. Persons successfully completing the course shall
20receive a certificate of competency. The Department of Natural
21Resources may further cooperate with any reputable association
22or organization in establishing courses if the organization has
23as one of its objectives the promotion of safety in the
24handling of firearms or bow and arrow.
25    The Department of Natural Resources shall designate any
26person found by it to be competent to give instruction in the

 

 

HB3115- 8 -LRB098 07019 CEL 37078 b

1handling of firearms, hunter safety, and bow and arrow. The
2persons so appointed shall give the course of instruction and
3upon the successful completion shall issue to the person
4instructed a certificate of competency in the safe handling of
5firearms, hunter safety, and bow and arrow. No charge shall be
6made for any course of instruction except for materials or
7ammunition consumed. The Department of Natural Resources shall
8furnish information on the requirements of hunter safety
9education programs to be distributed free of charge to
10applicants for hunting licenses by the persons appointed and
11authorized to issue licenses. Funds for the conducting of
12firearms and hunter safety courses shall be taken from the fee
13charged for the Firearm Owners Identification Card.
14    The fee for a hunting license to hunt all species for a
15resident of Illinois is $12. For residents age 65 or older,
16and, commencing with the 2013 2012 license year, resident
17veterans of the United States Armed Forces after returning from
18service abroad or mobilization by the President of the United
19States, the fee is one-half of the fee charged for a hunting
20license to hunt all species for a resident of Illinois.
21Veterans must provide to the Department, at one of the
22Department's 5 regional offices, verification of their
23service. The Department shall establish what constitutes
24suitable verification of service for the purpose of issuing
25resident veterans hunting licenses at a reduced fee.
26Nonresidents shall be charged $57 for a hunting license.

 

 

HB3115- 9 -LRB098 07019 CEL 37078 b

1    Nonresidents may be issued a nonresident hunting license
2for a period not to exceed 10 consecutive days' hunting in the
3State and shall be charged a fee of $35.
4    A special nonresident hunting license authorizing a
5nonresident to take game birds by hunting on a game breeding
6and hunting preserve area only, established under Section 3.27,
7shall be issued upon proper application being made and payment
8of a fee equal to that for a resident hunting license. The
9expiration date of this license shall be on the same date each
10year that game breeding and hunting preserve area licenses
11expire.
12    Each applicant for a State Migratory Waterfowl Stamp,
13regardless of his residence or other condition, shall pay a fee
14of $15 and shall receive a stamp. Except as provided under
15Section 20-45 of the Fish and Aquatic Life Code, the stamp
16shall be signed by the person or affixed to his license or
17permit in a space designated by the Department for that
18purpose.
19    Each applicant for a State Habitat Stamp, regardless of his
20residence or other condition, shall pay a fee of $5 and shall
21receive a stamp. Except as provided under Section 20-45 of the
22Fish and Aquatic Life Code, the stamp shall be signed by the
23person or affixed to his license or permit in a space
24designated by the Department for that purpose.
25    Nothing in this Section shall be construed as to require
26the purchase of more than one State Habitat Stamp by any person

 

 

HB3115- 10 -LRB098 07019 CEL 37078 b

1in any one license year.
2    The Department shall furnish the holders of hunting
3licenses and stamps with an insignia as evidence of possession
4of license, or license and stamp, as the Department may
5consider advisable. The insignia shall be exhibited and used as
6the Department may order.
7    All other hunting licenses and all State stamps shall
8expire upon March 31 of each year.
9    Every person holding any license, permit, or stamp issued
10under the provisions of this Act shall have it in his
11possession for immediate presentation for inspection to the
12officers and authorized employees of the Department, any
13sheriff, deputy sheriff, or any other peace officer making a
14demand for it. This provision shall not apply to Department
15owned or managed sites where it is required that all hunters
16deposit their license, permit, or Firearm Owner's
17Identification Card at the check station upon entering the
18hunting areas.
19(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
20    Section 99. Effective date. This Act takes effect April 1,
212013.