Rep. Lance Yednock

Filed: 4/16/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 123

2    AMENDMENT NO. ______. Amend House Bill 123 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Fish and Aquatic Life Code is amended by
5changing Sections 20-45 and 20-105 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,
15    one-half of the current fishing license fee for resident
16    veterans of the United States Armed Forces after returning

 

 

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1    from service abroad or mobilization by the President of
2    the United States. Veterans must provide, to the
3    Department per administrative rule at one of the
4    Department's 5 regional offices, verification of their
5    service. The Department shall establish what constitutes
6    suitable verification of service for the purpose of
7    issuing fishing licenses to resident veterans at a reduced
8    fee.
9        (a-3) Except as otherwise provided in this Section,
10    for sport fishing devices as defined in Section 10-95 or
11    spearing devices as defined in Section 10-110, residents
12    of this State may obtain a 3-year fishing license. The fee
13    for a 3-year fishing license is 3 times the annual fee. For
14    residents age 65 or older, the fee is one half of the fee
15    charged for a 3-year fishing license. For resident
16    veterans of the United States Armed Forces after returning
17    from service abroad or mobilization by the President of
18    the United States, the fee is one-half of the fee charged
19    for a 3-year fishing license. Veterans must provide to the
20    Department, per administrative rule, verification of their
21    service. The Department shall establish what constitutes
22    suitable verification of service for the purpose of
23    issuing 3-year fishing licenses to resident veterans at a
24    reduced fee.
25        (a-5) The fee for all sport fishing licenses shall be
26    $1 for an annual license and 3 times the annual fee for a

 

 

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1    3-year license for residents over 75 years of age.
2        (b) All residents before using any commercial fishing
3    device shall obtain a commercial fishing license, the fee
4    for which shall be $60 and a resident fishing license, the
5    fee for which is $14.50. Each and every commercial device
6    used shall be licensed by a resident commercial fisherman
7    as follows:
8            (1) For each 100 lineal yards, or fraction
9        thereof, of seine the fee is $18. For each minnow
10        seine, minnow trap, or net for commercial purposes the
11        fee is $20.
12            (2) For each device to fish with a 100 hook trot
13        line device, basket trap, hoop net, or dip net the fee
14        is $3.
15            (3) When used in the waters of Lake Michigan, for
16        the first 2000 lineal feet, or fraction thereof, of
17        gill net the fee is $10; and for each 1000 additional
18        lineal feet, or fraction thereof, the fee is $10.
19        These fees shall apply to all gill nets in use in the
20        water or on drying reels on the shore.
21            (4) For each 100 lineal yards, or fraction
22        thereof, of gill net or trammel net the fee is $18.
23        (c) Residents of this the State of Illinois may obtain
24    a sportsmen's combination license that shall entitle the
25    holder to the same non-commercial fishing privileges as
26    residents holding a license as described in subsection (a)

 

 

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1    of this Section and to the same hunting privileges as
2    residents holding a license to hunt all species as
3    described in Section 3.1 of the Wildlife Code. No
4    sportsmen's combination license shall be issued to any
5    individual who would be ineligible for either the fishing
6    or hunting license separately. The sportsmen's combination
7    license fee shall be $25.50. For residents age 65 or
8    older, the fee is one-half of the fee charged for a
9    sportsmen's combination license. For resident veterans of
10    the United States Armed Forces after returning from
11    service abroad or mobilization by the President of the
12    United States, the fee, commencing with the 2012 license
13    year, is one-half of the fee charged for a sportsmen's
14    combination license. Veterans must provide to the
15    Department per administrative rule, at one of the
16    Department's 5 regional offices, verification of their
17    service. The Department shall establish what constitutes
18    suitable verification of service for the purpose of
19    issuing sportsmen's combination licenses to resident
20    veterans at a reduced fee.
21        (c-5) Residents of this State may obtain a 3-year
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
25    (a-3) and to the same hunting privileges as residents
26    holding a license to hunt all species as described in

 

 

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1    Section 3.1 of the Wildlife Code. A 3-year sportsmen's
2    combination license shall not be issued to any individual
3    who would be ineligible for either the fishing or hunting
4    license separately. The 3-year sportsmen's combination
5    license fee shall be 3 times the annual fee. For residents
6    age 65 or older, the fee is one-half of the fee charged for
7    a 3-year sportsmen's combination license. For resident
8    veterans of the United States Armed Forces after returning
9    from service abroad or mobilization by the President of
10    the United States, the fee is one-half of the fee charged
11    for a 3-year sportsmen's combination license. Veterans
12    must provide to the Department, per administrative rule,
13    verification of their service. The Department shall
14    establish what constitutes suitable verification of
15    service for the purpose of issuing 3-year sportsmen's
16    combination licenses to resident veterans at a reduced
17    fee.
18        (d) For 24 hours of fishing by sport fishing devices
19    as defined in Section 10-95 or by spearing devices as
20    defined in Section 10-110 the fee is $5. This license does
21    not exempt the licensee from the requirement for a salmon
22    or 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) or (a-3) of this Section.
26        (e) All residents before using any commercial mussel

 

 

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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

 

 

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

 

 

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1Section shall be fined according to the provisions of Section
220-35 of this Code.
3    All individuals required to have and failing to have the
4licenses provided for in subsections (b) and (e) of this
5Section shall be guilty of a Class B misdemeanor.
6(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
798-800, eff. 8-1-14.)
 
8    (515 ILCS 5/20-105)  (from Ch. 56, par. 20-105)
9    Sec. 20-105. Revocation and suspension; refusal to issue.
10    (a) Whenever a license or permit is issued to any person
11under this Code and its holder is found guilty of any
12misrepresentation in obtaining the license or permit or of a
13violation of Section 48-3 of the Criminal Code of 2012 or a
14violation of any of the provisions of this Code, including
15administrative rules, the license or permit may be revoked by
16the Department and the Department may refuse to issue any
17permit or license to that person and may suspend the person
18from engaging in the activity requiring the permit or license
19for a period of time not to exceed 5 years following the
20revocation. Department revocation procedure shall be
21established by administrative rule.
22    (b) Whenever any person who has not been issued a license
23or a permit under the provisions of this Code is found guilty
24of a violation of Section 48-3 of the Criminal Code of 2012 or
25a violation of the provisions of this Code, including

 

 

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1administrative rules, the Department may refuse to issue any
2permit or license to that person, and suspend that person from
3engaging in the activity requiring the permit or license for a
4period of time not to exceed 5 years.
5    (c) Any person who knowingly or intentionally violates any
6of the provisions of this Code, including administrative
7rules, during the 5 years following the revocation of his or
8her license or permit under subsection (a) or during the time
9he is suspended under subsection (b), shall be guilty of a
10Class A misdemeanor as provided in Section 20-35. The
11penalties for a violation of Section 48-3 of the Criminal Code
12of 2012 shall be as provided in that Section.
13    (d) A person whose license or permit to engage in any
14activity regulated by this Code has been suspended or revoked
15may not, during the period of the suspension or revocation or
16until obtaining such a license or permit, (i) be in the company
17of any person engaging in the activity covered by the
18suspension or revocation or (ii) serve as a guide, outfitter,
19or facilitator for a person who is engaged or prepared to
20engage in the activity covered by the suspension or
21revocation.
22    (e) No person may be issued or obtain a license or permit
23or engage in any activity regulated by this Code during the
24time that the person's privilege to engage in the same or
25similar activities is suspended or revoked by another state,
26by a federal agency, or by a province of Canada.

 

 

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1    (f) Any person whose license, stamps, permits, or any
2other privilege issued by the Department has been suspended or
3revoked shall immediately return proof of such privileges to
4the Department. The Department, or any law enforcement entity,
5is authorized to take possession of any proof of privileges.
6Any person failing to comply with this subsection by
7possessing a suspended or revoked license, stamp, or permit
8issued by the Department after having received written notice
9from the Department or any other State agency or department of
10such suspension or revocation is guilty of a Class A
11misdemeanor.
12(Source: P.A. 98-402, eff. 8-16-13.)
 
13    Section 10. The Wildlife Code is amended by changing
14Sections 3.2 and 3.36 as follows:
 
15    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
16    Sec. 3.2. Hunting license; application; instruction.
17Before the Department or any county, city, village, township,
18incorporated town clerk or his duly designated agent or any
19other person authorized or designated by the Department to
20issue hunting licenses shall issue a hunting license to any
21person, the person shall file his application with the
22Department or other party authorized to issue licenses on a
23form provided by the Department and further give definite
24proof of identity and place of legal residence. Each clerk

 

 

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

 

 

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1and arrow safety, at regularly specified intervals throughout
2the State. Persons successfully completing the course shall
3receive a certificate of competency. The Department of Natural
4Resources may further cooperate with any reputable association
5or organization in establishing courses if the organization
6has as one of its objectives the promotion of safety in the
7handling of firearms or bow and arrow.
8    The Department of Natural Resources shall designate any
9person found by it to be competent to give instruction in the
10handling of firearms, hunter safety, and bow and arrow. The
11persons so appointed shall give the course of instruction and
12upon the successful completion shall issue to the person
13instructed a certificate of competency in the safe handling of
14firearms, hunter safety, and bow and arrow. No charge shall be
15made for any course of instruction except for materials or
16ammunition consumed. The Department of Natural Resources shall
17furnish information on the requirements of hunter safety
18education programs to be distributed free of charge to
19applicants for hunting licenses by the persons appointed and
20authorized to issue licenses. Funds for the conducting of
21firearms and hunter safety courses shall be taken from the fee
22charged for the Firearm Owners Identification Card.
23    The fee for a hunting license to hunt all species for a
24resident of Illinois is $12. For residents age 65 or older,
25and, commencing with the 2012 license year, resident veterans
26of the United States Armed Forces after returning from service

 

 

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1abroad or mobilization by the President of the United States,
2the fee is one-half of the fee charged for a hunting license to
3hunt all species for a resident of Illinois. Veterans must
4provide to the Department, per administrative rule at one of
5the Department's 5 regional offices, verification of their
6service. The Department shall establish what constitutes
7suitable verification of service for the purpose of issuing
8resident veterans hunting licenses at a reduced fee. The fee
9for a hunting license to hunt all species shall be $1 for
10residents over 75 years of age. Nonresidents shall be charged
11$57 for a hunting license.
12    Residents of this State may obtain a 3-year hunting
13license to hunt all species for 3 times the annual fee. For
14residents age 65 or older and resident veterans of the United
15States Armed Forces after returning from service abroad or
16mobilization by the President of the United States, the fee is
17one-half of the fee charged for a 3-year hunting license to
18hunt all species for a resident of this State. Veterans must
19provide to the Department, per administrative rule,
20verification of their service. The Department shall establish
21what constitutes suitable verification of service for the
22purpose of issuing resident veterans 3-year hunting licenses
23at a reduced fee.
24    Nonresidents may be issued a nonresident hunting license
25for a period not to exceed 10 consecutive days' hunting in the
26State and shall be charged a fee of $35.

 

 

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1    A special nonresident hunting license authorizing a
2nonresident to take game birds by hunting on a game breeding
3and hunting preserve area only, established under Section
43.27, shall be issued upon proper application being made and
5payment of a fee equal to that for a resident hunting license.
6The expiration date of this license shall be on the same date
7each year that game breeding and hunting preserve area
8licenses expire.
9    Each applicant for a State Migratory Waterfowl Stamp,
10regardless of his residence or other condition, shall pay a
11fee of $15 and shall receive a stamp. The fee for a State
12Migratory Waterfowl Stamp shall be waived for residents over
1375 years of age. Except as provided under Section 20-45 of the
14Fish and Aquatic Life Code, the stamp shall be signed by the
15person or affixed to his license or permit in a space
16designated by the Department for that purpose.
17    Each applicant for a State Habitat Stamp, regardless of
18his residence or other condition, shall pay a fee of $5 and
19shall receive a stamp. The fee for a State Habitat Stamp shall
20be waived for residents over 75 years of age. Except as
21provided under Section 20-45 of the Fish and Aquatic Life
22Code, the stamp shall be signed by the person or affixed to his
23license or permit in a space designated by the Department for
24that purpose.
25    Nothing in this Section shall be construed as to require
26the purchase of more than one State Habitat Stamp by any person

 

 

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1in any one license year.
2    The fees for State Pheasant Stamps and State Furbearer
3Stamps shall be waived for residents over 75 years of age.
4    The Department shall furnish the holders of hunting
5licenses and stamps with an insignia as evidence of possession
6of license, or license and stamp, as the Department may
7consider advisable. The insignia shall be exhibited and used
8as the Department may order.
9    All other hunting licenses and all State stamps shall
10expire upon March 31 of each year. Three-year hunting licenses
11shall expire on March 31 of the 2nd year after the year in
12which the license is issued.
13    Every person holding any license, permit, or stamp issued
14under the provisions of this Act shall have it in his
15possession for immediate presentation for inspection to the
16officers and authorized employees of the Department, any
17sheriff, deputy sheriff, or any other peace officer making a
18demand for it. This provision shall not apply to Department
19owned or managed sites where it is required that all hunters
20deposit their license, permit, or Firearm Owner's
21Identification Card at the check station upon entering the
22hunting areas.
23(Source: P.A. 100-638, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
24    (520 ILCS 5/3.36)  (from Ch. 61, par. 3.36)
25    Sec. 3.36. Revocation and suspension.

 

 

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1    (a) Whenever a license or permit is issued to any person
2under this Act, and the holder thereof is found guilty of any
3misrepresentation in obtaining such license or permit or of a
4violation of Section 48-3 of the Criminal Code of 2012 or a
5violation of any of the provisions of this Act, including
6administrative rules, his license or permit may be revoked by
7the Department, and the Department may refuse to issue any
8permit or license to such person and may suspend the person
9from engaging in the activity requiring the permit or license
10for a period of time not to exceed 5 years following such
11revocation.
12    Department revocation procedures shall be established by
13Administrative rule.
14    (b) Whenever any person who has not been issued a license
15or a permit under the provisions of this Code is found guilty
16of a violation of Section 48-3 of the Criminal Code of 2012 or
17a violation of the provisions of this Code, including
18administrative rules, the Department may refuse to issue any
19permit or license to that person, and suspend that person from
20engaging in the activity requiring the permit or license for a
21period of time not to exceed 5 years.
22    (c) Any person who knowingly or intentionally violates any
23of the provisions of this Act, including administrative rules,
24during such period when his license or permit is revoked or
25denied by virtue of this Section or during the time he is
26suspended under subsection (b), shall be guilty of a Class A

 

 

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1misdemeanor. The penalties for a violation of Section 48-3 of
2the Criminal Code of 2012 shall be as provided in that Section.
3    (d) Licenses and permits authorized to be issued under the
4provisions of this Act shall be prepared by the Department and
5be in such form as prescribed by the Department. The
6information required on each license shall be completed
7thereon by the issuing agent or his sub-agent at the time of
8issuance and each license shall be signed by the licensee, or
9initialed by the designated purchaser and then signed
10immediately upon receipt by the licensee, and countersigned by
11the issuing agent or his sub-agent at the time of issuance. All
12such licenses shall be supplied by the Department, subject to
13such rules and regulations as the Department may prescribe.
14Any license not properly prepared, obtained and signed as
15required by this Act shall be void.
16    (e) A person whose license or permit to engage in any
17activity regulated by this Code has been suspended or revoked
18may not, during the period of the suspension or revocation or
19until obtaining such a license or permit, (i) be in the company
20of any person engaging in the activity covered by the
21suspension or revocation or (ii) serve as a guide, outfitter,
22or facilitator for a person who is engaged or prepared to
23engage in the activity covered by the suspension or
24revocation.
25    (f) No person may be issued or obtain a license or permit
26or engage in any activity regulated by this Code during the

 

 

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1time that the person's privilege to engage in the same or
2similar activities is suspended or revoked by another state,
3by a federal agency, or by a province of Canada.
4    (g) Any person whose license, stamps, permits, or any
5other privilege issued by the Department has been suspended or
6revoked shall immediately return proof of such privileges to
7the Department. The Department, or any law enforcement entity,
8is authorized to take possession of any proof of privileges.
9Any person failing to comply with this subsection by
10possessing a suspended or revoked license, stamp, or permit
11issued by the Department after having received written notice
12from the Department or any other State agency or department of
13such suspension or revocation is guilty of a Class A
14misdemeanor.
15(Source: P.A. 98-402, eff. 8-16-13.)".