Illinois General Assembly - Full Text of HB5278
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Full Text of HB5278  100th General Assembly

HB5278 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5278

 

Introduced , by Rep. Monica Bristow

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the Fish and Aquatic Life Code. Provides that residents of this State may obtain a 5-year fishing license. Provides that the fee for a 5-year fishing license is $62.50. Provides that for residents age 65 or older, the fee is one-half of the fee charged for 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 5-year fishing license. Provides that residents of this State may obtain a 5-year sportsmen's combination license that shall entitle the holder to the same non-commercial fishing privileges as residents holding a license and to the same hunting privileges as residents holding a license to hunt all species under the Wildlife Code. Provides that the 5-year sportsmen's combination license fee shall be $112.50. Provides that no sportsmen's combination license shall be issued to any individual who would be ineligible for either the fishing or hunting license separately. Provides that for residents age 65 or older, the fee is one-half of the fee charged for a 5-year sportsmen's combination 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 5-year sportsmen's combination license. Amends the Wildlife Code. Provides that residents of this State may obtain 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 5-year hunting license.


LRB100 16706 SLF 31844 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5278LRB100 16706 SLF 31844 b

1    AN ACT concerning fishing and hunting.
 
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 2012 license year, one-half
15    of the current fishing license fee for resident veterans of
16    the United States Armed Forces after returning from service
17    abroad or mobilization by the President of the United
18    States. Veterans must provide, to the Department at one of
19    the Department's 5 regional offices, verification of their
20    service. The Department shall establish what constitutes
21    suitable verification of service for the purpose of issuing
22    fishing licenses to resident veterans at a reduced fee.
23        (a-3) Except as otherwise provided in this Section, for

 

 

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1    sport fishing devices as defined in Section 10-95 or
2    spearing devices as defined in Section 10-110, residents of
3    this State may obtain a 5-year fishing license. The fee for
4    a 5-year fishing license is $62.50. For residents age 65 or
5    older, the fee is one-half of the fee charged for a 5-year
6    fishing license. For resident veterans of the United States
7    Armed Forces after returning from service abroad or
8    mobilization by the President of the United States, the fee
9    is one-half of the fee charged for a 5-year fishing
10    license. Veterans must provide to the Department, at one of
11    the Department's 5 regional offices, verification of their
12    service. The Department shall establish what constitutes
13    suitable verification of service for the purpose of issuing
14    5-year fishing licenses to resident veterans at a reduced
15    fee.
16        (a-5) The fee for all sport fishing licenses shall be
17    $1 for an annual license and $4 for a 5-year license for
18    residents over 75 years of age.
19        (b) All residents before using any commercial fishing
20    device shall obtain a commercial fishing license, the fee
21    for which shall be $60 and a resident fishing license, the
22    fee for which is $14.50. Each and every commercial device
23    used shall be licensed by a resident commercial fisherman
24    as follows:
25            (1) For each 100 lineal yards, or fraction thereof,
26        of seine the fee is $18. For each minnow seine, minnow

 

 

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1        trap, or net for commercial purposes the fee is $20.
2            (2) For each device to fish with a 100 hook trot
3        line device, basket trap, hoop net, or dip net the fee
4        is $3.
5            (3) When used in the waters of Lake Michigan, for
6        the first 2000 lineal feet, or fraction thereof, of
7        gill net the fee is $10; and for each 1000 additional
8        lineal feet, or fraction thereof, the fee is $10. These
9        fees shall apply to all gill nets in use in the water
10        or on drying reels on the shore.
11            (4) For each 100 lineal yards, or fraction thereof,
12        of gill net or trammel net the fee is $18.
13        (c) Residents of this the State of Illinois may obtain
14    a sportsmen's combination license that shall entitle the
15    holder to the same non-commercial fishing privileges as
16    residents holding a license as described in subsection (a)
17    of this Section and to the same hunting privileges as
18    residents holding a license to hunt all species as
19    described in Section 3.1 of the Wildlife Code. No
20    sportsmen's combination license shall be issued to any
21    individual who would be ineligible for either the fishing
22    or hunting license separately. The sportsmen's combination
23    license fee shall be $25.50. For residents age 65 or older,
24    the fee is one-half of the fee charged for a sportsmen's
25    combination license. For resident veterans of the United
26    States Armed Forces after returning from service abroad or

 

 

HB5278- 4 -LRB100 16706 SLF 31844 b

1    mobilization by the President of the United States, the
2    fee, commencing with the 2012 license year, is one-half of
3    the fee charged for a sportsmen's combination license.
4    Veterans must provide to the Department, at one of the
5    Department's 5 regional offices, verification of their
6    service. The Department shall establish what constitutes
7    suitable verification of service for the purpose of issuing
8    sportsmen's combination licenses to resident veterans at a
9    reduced fee.
10        (c-5) Residents of this State may obtain a 5-year
11    sportsmen's combination license that shall entitle the
12    holder to the same non-commercial fishing privileges as
13    residents holding a license as described in subsection
14    (a-3) of this Section and to the same hunting privileges as
15    residents holding a license to hunt all species as
16    described in Section 3.1 of the Wildlife Code. No 5-year
17    sportsmen's combination license shall be issued to any
18    individual who would be ineligible for either the fishing
19    or hunting license separately. The 5-year sportsmen's
20    combination license fee shall be $112.50. For residents age
21    65 or older, the fee is one-half of the fee charged for a
22    5-year sportsmen's combination license. For resident
23    veterans of the United States Armed Forces after returning
24    from service abroad or mobilization by the President of the
25    United States, the fee is one-half of the fee charged for a
26    5-year sportsmen's combination license. Veterans must

 

 

HB5278- 5 -LRB100 16706 SLF 31844 b

1    provide to the Department, at one of the Department's 5
2    regional offices, verification of their service. The
3    Department shall establish what constitutes suitable
4    verification of service for the purpose of issuing 5-year
5    sportsmen's combination licenses to resident veterans at a
6    reduced fee.
7        (d) For 24 hours of fishing by sport fishing devices as
8    defined in Section 10-95 or by spearing devices as defined
9    in Section 10-110 the fee is $5. This license does not
10    exempt the licensee from the requirement for a salmon or
11    inland trout stamp. The licenses provided for by this
12    subsection are not required for residents of the State of
13    Illinois who have obtained the license provided for in
14    subsection (a) or (a-3) of this Section.
15        (e) All residents before using any commercial mussel
16    device shall obtain a commercial mussel license, the fee
17    for which shall be $50.
18        (f) Residents of this State, upon establishing
19    residency as required by the Department, may obtain a
20    lifetime hunting or fishing license or lifetime
21    sportsmen's combination license which shall entitle the
22    holder to the same non-commercial fishing privileges as
23    residents holding a license as described in paragraph (a)
24    of this Section and to the same hunting privileges as
25    residents holding a license to hunt all species as
26    described in Section 3.1 of the Wildlife Code. No lifetime

 

 

HB5278- 6 -LRB100 16706 SLF 31844 b

1    sportsmen's combination license shall be issued to or
2    retained by any individual who would be ineligible for
3    either the fishing or hunting license separately, either
4    upon issuance, or in any year a violation would subject an
5    individual to have either or both fishing or hunting
6    privileges rescinded. The lifetime hunting and fishing
7    license fees shall be as follows:
8            (1) Lifetime fishing: 30 x the current fishing
9        license fee.
10            (2) Lifetime hunting: 30 x the current hunting
11        license fee.
12            (3) Lifetime sportsmen's combination license: 30 x
13        the current sportsmen's combination license fee.
14    Lifetime licenses shall not be refundable. A $10 fee shall
15be charged for reissuing any lifetime license. The Department
16may establish rules and regulations for the issuance and use of
17lifetime licenses and may suspend or revoke any lifetime
18license issued under this Section for violations of those rules
19or regulations or other provisions under this Code or the
20Wildlife Code. Individuals under 16 years of age who possess a
21lifetime hunting or sportsmen's combination license shall have
22in their possession, while in the field, a certificate of
23competency as required under Section 3.2 of the Wildlife Code.
24Any lifetime license issued under this Section shall not exempt
25individuals from obtaining additional stamps or permits
26required under the provisions of this Code or the Wildlife

 

 

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1Code. Individuals required to purchase additional stamps shall
2sign the stamps and have them in their possession while fishing
3or hunting with a lifetime license. All fees received from the
4issuance of lifetime licenses shall be deposited in the Fish
5and Wildlife Endowment Fund.
6    Except for licenses issued under subsection (a-3), (c-5),
7or (e) of this Section, all licenses provided for in this
8Section shall expire on March 31 of each year, except that the
9license provided for in subsection (d) of this Section shall
10expire 24 hours after the effective date and time listed on the
11face of the license. Licenses issued under subsection (a-3) or
12(c-5) of this Section shall expire on March 31 of the 4th year
13after the year in which the license is issued.
14    All individuals required to have and failing to have the
15license provided for in subsection (a), (a-3), or (d) of this
16Section shall be fined according to the provisions of Section
1720-35 of this Code.
18    All individuals required to have and failing to have the
19licenses provided for in subsections (b) and (e) of this
20Section shall be guilty of a Class B misdemeanor.
21(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
2298-800, eff. 8-1-14.)
 
23    Section 10. The Wildlife Code is amended by changing
24Section 3.2 as follows:
 

 

 

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1    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
2    Sec. 3.2. Hunting license; application; instruction.
3Before the Department or any county, city, village, township,
4incorporated town clerk or his duly designated agent or any
5other person authorized or designated by the Department to
6issue hunting licenses shall issue a hunting license to any
7person, the person shall file his application with the
8Department or other party authorized to issue licenses on a
9form provided by the Department and further give definite proof
10of identity and place of legal residence. Each clerk
11designating agents to issue licenses and stamps shall furnish
12the Department, within 10 days following the appointment, the
13names and mailing addresses of the agents. Each clerk or his
14duly designated agent shall be authorized to sell licenses and
15stamps only within the territorial area for which he was
16elected or appointed. No duly designated agent is authorized to
17furnish licenses or stamps for issuance by any other business
18establishment. Each application shall be executed and sworn to
19and shall set forth the name and description of the applicant
20and place of residence.
21    No hunting license shall be issued to any person born on or
22after January 1, 1980 unless he presents the person authorized
23to issue the license evidence that he has held a hunting
24license issued by the State of Illinois or another state in a
25prior year, or a certificate of competency as provided in this
26Section. Persons under 16 years of age may be issued a Lifetime

 

 

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1Hunting or Sportsmen's Combination License as provided under
2Section 20-45 of the Fish and Aquatic Life Code but shall not
3be entitled to hunt unless they have a certificate of
4competency as provided in this Section and they shall have the
5certificate in their possession while hunting.
6    The Department of Natural Resources shall authorize
7personnel of the Department or certified volunteer instructors
8to conduct courses, of not less than 10 hours in length, in
9firearms and hunter safety, which may include training in bow
10and arrow safety, at regularly specified intervals throughout
11the State. Persons successfully completing the course shall
12receive a certificate of competency. The Department of Natural
13Resources may further cooperate with any reputable association
14or organization in establishing courses if the organization has
15as one of its objectives the promotion of safety in the
16handling of firearms or bow and arrow.
17    The Department of Natural Resources shall designate any
18person found by it to be competent to give instruction in the
19handling of firearms, hunter safety, and bow and arrow. The
20persons so appointed shall give the course of instruction and
21upon the successful completion shall issue to the person
22instructed a certificate of competency in the safe handling of
23firearms, hunter safety, and bow and arrow. No charge shall be
24made for any course of instruction except for materials or
25ammunition consumed. The Department of Natural Resources shall
26furnish information on the requirements of hunter safety

 

 

HB5278- 10 -LRB100 16706 SLF 31844 b

1education programs to be distributed free of charge to
2applicants for hunting licenses by the persons appointed and
3authorized to issue licenses. Funds for the conducting of
4firearms and hunter safety courses shall be taken from the fee
5charged for the Firearm Owners Identification Card.
6    The fee for a hunting license to hunt all species for a
7resident of Illinois is $12. For residents age 65 or older,
8and, commencing with the 2012 license year, resident veterans
9of the United States Armed Forces after returning from service
10abroad or mobilization by the President of the United States,
11the fee is one-half of the fee charged for a hunting license to
12hunt all species for a resident of Illinois. Veterans must
13provide to the Department, at one of the Department's 5
14regional offices, verification of their service. The
15Department shall establish what constitutes suitable
16verification of service for the purpose of issuing resident
17veterans hunting licenses at a reduced fee. The fee for a
18hunting license to hunt all species shall be $1 for residents
19over 75 years of age. Nonresidents shall be charged $57 for a
20hunting license.
21    Residents of this State may obtain a 5-year hunting license
22to hunt all species for $52. For residents age 65 or older and
23resident veterans of the United States Armed Forces after
24returning from service abroad or mobilization by the President
25of the United States, the fee is one-half of the fee charged
26for a 5-year hunting license to hunt all species for a resident

 

 

HB5278- 11 -LRB100 16706 SLF 31844 b

1of this State. Veterans must provide to the Department, at one
2of the Department's 5 regional offices, verification of their
3service. The Department shall establish what constitutes
4suitable verification of service for the purpose of issuing
5resident veterans 5-year hunting licenses at a reduced fee.
6    Nonresidents may be issued a nonresident hunting license
7for a period not to exceed 10 consecutive days' hunting in the
8State and shall be charged a fee of $35.
9    A special nonresident hunting license authorizing a
10nonresident to take game birds by hunting on a game breeding
11and hunting preserve area only, established under Section 3.27,
12shall be issued upon proper application being made and payment
13of a fee equal to that for a resident hunting license. The
14expiration date of this license shall be on the same date each
15year that game breeding and hunting preserve area licenses
16expire.
17    Each applicant for a State Migratory Waterfowl Stamp,
18regardless of his residence or other condition, shall pay a fee
19of $15 and shall receive a stamp. The fee for a State Migratory
20Waterfowl Stamp shall be waived for residents over 75 years of
21age. Except as provided under Section 20-45 of the Fish and
22Aquatic Life Code, the stamp shall be signed by the person or
23affixed to his license or permit in a space designated by the
24Department for that purpose.
25    Each applicant for a State Habitat Stamp, regardless of his
26residence or other condition, shall pay a fee of $5 and shall

 

 

HB5278- 12 -LRB100 16706 SLF 31844 b

1receive a stamp. The fee for a State Habitat Stamp shall be
2waived for residents over 75 years of age. Except as provided
3under Section 20-45 of the Fish and Aquatic Life Code, the
4stamp shall be signed by the person or affixed to his license
5or permit in a space designated by the Department for that
6purpose.
7    Nothing in this Section shall be construed as to require
8the purchase of more than one State Habitat Stamp by any person
9in any one license year.
10    The fees for State Pheasant Stamps and State Furbearer
11Stamps shall be waived for residents over 75 years of age.
12    The Department shall furnish the holders of hunting
13licenses and stamps with an insignia as evidence of possession
14of license, or license and stamp, as the Department may
15consider advisable. The insignia shall be exhibited and used as
16the Department may order.
17    All other hunting licenses and all State stamps shall
18expire upon March 31 of each year. Five-year hunting licenses
19shall expire on March 31 of the 4th year after the year in
20which the license is issued.
21    Every person holding any license, permit, or stamp issued
22under the provisions of this Act shall have it in his
23possession for immediate presentation for inspection to the
24officers and authorized employees of the Department, any
25sheriff, deputy sheriff, or any other peace officer making a
26demand for it. This provision shall not apply to Department

 

 

HB5278- 13 -LRB100 16706 SLF 31844 b

1owned or managed sites where it is required that all hunters
2deposit their license, permit, or Firearm Owner's
3Identification Card at the check station upon entering the
4hunting areas.
5(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)

 

 

HB5278- 14 -LRB100 16706 SLF 31844 b

1 INDEX
2 Statutes amended in order of appearance
3    515 ILCS 5/20-45from Ch. 56, par. 20-45
4    520 ILCS 5/3.2from Ch. 61, par. 3.2