97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3274

 

Introduced 2/24/2011, by Rep. Wayne Rosenthal - Jason Barickman - John D. Cavaletto - Kay Hatcher

 

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. Commencing with the 2012 license year, sets (i) the fishing license fee for resident veterans after returning from service abroad or mobilization by the President at one-half of the fishing license fee for residents and (ii) the sportsmen's combination license fee at one-half of the sportsmen's combination license fee for residents. Requires veterans to provide verification of their service. Authorizes the Department to establish what constitutes suitable verification of service for the purpose of issuing these licenses to resident veterans at a reduced fee. Amends the Wildlife Code. Commencing with the 2012 license year, sets the hunting license fee for resident veterans after returning from service abroad or mobilization by the President at one-half of the hunting license fee for residents. Requires veterans to provide verification of their service. Authorizes the Department to establish what constitutes suitable verification of service for the purpose of issuing hunting licenses to resident veterans at a reduced fee. Effective April 1, 2012.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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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, and one-half of
13    the 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 commencing with the 1994 license year. Veterans must
19    provide, to the Department at the Department's office in
20    Springfield, verification of their service. The Department
21    shall establish what constitutes suitable verification of
22    service for the purpose of issuing fishing licenses to
23    resident veterans at a reduced fee.

 

 

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1        (b) All residents before using any commercial fishing
2    device shall obtain a commercial fishing license, the fee
3    for which shall be $35. Each and every commercial device
4    used shall be licensed by a resident commercial fisherman
5    as follows:
6            (1) For each 100 lineal yards, or fraction thereof,
7        of seine the fee is $18. For each minnow seine, minnow
8        trap, or net for commercial purposes the fee is $20.
9            (2) For each device to fish with a 100 hook trot
10        line device, basket trap, hoop net, or dip net the fee
11        is $3.
12            (3) When used in the waters of Lake Michigan, for
13        the first 2000 lineal feet, or fraction thereof, of
14        gill net the fee is $10; and for each 1000 additional
15        lineal feet, or fraction thereof, the fee is $10. These
16        fees shall apply to all gill nets in use in the water
17        or on drying reels on the shore.
18            (4) For each 100 lineal yards, or fraction thereof,
19        of gill net or trammel net the fee is $18.
20        (c) Residents of the State of Illinois may obtain a
21    sportsmen's combination license that shall entitle the
22    holder to the same non-commercial fishing privileges as
23    residents holding a license as described in subsection (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

 

 

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1    sportsmen's combination license shall be issued to any
2    individual who would be ineligible for either the fishing
3    or hunting license separately. The sportsmen's combination
4    license fee shall be $25.50. For residents age 65 or older,
5    the fee is one-half of the fee charged for a sportsmen's
6    combination license. For resident veterans of the United
7    States Armed Forces after returning from service abroad or
8    mobilization by the President of the United States, the
9    fee, commencing with the 2012 license year, is one-half of
10    the fee charged for a sportsmen's combination license.
11    Veterans must provide, to the Department at the
12    Department's office in Springfield, verification of their
13    service. The Department shall establish what constitutes
14    suitable verification of service for the purpose of issuing
15    sportsmen's combination licenses to resident veterans at a
16    reduced fee.
17        (d) For 24 hours of fishing by sport fishing devices as
18    defined in Section 10-95 or by spearing devices as defined
19    in Section 10-110 the fee is $5. This license exempts the
20    licensee from the requirement for a salmon or inland trout
21    stamp. The licenses provided for by this subsection are not
22    required for residents of the State of Illinois who have
23    obtained the license provided for in subsection (a) of this
24    Section.
25        (e) All residents before using any commercial mussel
26    device shall obtain a commercial mussel license, the fee

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1upon the successful completion shall issue to the person
2instructed a certificate of competency in the safe handling of
3firearms, hunter safety, and bow and arrow. No charge shall be
4made for any course of instruction except for materials or
5ammunition consumed. The Department of Natural Resources shall
6furnish information on the requirements of hunter safety
7education programs to be distributed free of charge to
8applicants for hunting licenses by the persons appointed and
9authorized to issue licenses. Funds for the conducting of
10firearms and hunter safety courses shall be taken from the fee
11charged for the Firearm Owners Identification Card.
12    The fee for a hunting license to hunt all species for a
13resident of Illinois is $12. For residents age 65 or older,
14and, commencing with the 2012 license year, resident veterans
15of the United States Armed Forces after returning from service
16abroad or mobilization by the President of the United States,
17the fee is one-half of the fee charged for a hunting license to
18hunt all species for a resident of Illinois. Veterans must
19provide, to the Department at the Department's office in
20Springfield, verification of their service. The Department
21shall establish what constitutes suitable verification of
22service for the purpose of issuing resident veterans hunting
23licenses at a reduced fee. Nonresidents shall be charged $57
24for a hunting license.
25    Nonresidents may be issued a nonresident hunting license
26for a period not to exceed 10 consecutive days' hunting in the

 

 

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1State and shall be charged a fee of $35.
2    A special nonresident hunting license authorizing a
3nonresident to take game birds by hunting on a game breeding
4and hunting preserve area only, established under Section 3.27,
5shall be issued upon proper application being made and payment
6of a fee equal to that for a resident hunting license. The
7expiration date of this license shall be on the same date each
8year that game breeding and hunting preserve area licenses
9expire.
10    Each applicant for a State Migratory Waterfowl Stamp,
11regardless of his residence or other condition, shall pay a fee
12of $15 and shall receive a stamp. Except as provided under
13Section 20-45 of the Fish and Aquatic Life Code, the stamp
14shall be signed by the person or affixed to his license or
15permit in a space designated by the Department for that
16purpose.
17    Each applicant for a State Habitat Stamp, regardless of his
18residence or other condition, shall pay a fee of $5 and shall
19receive a stamp. Except as provided under Section 20-45 of the
20Fish and Aquatic Life Code, the stamp shall be signed by the
21person or affixed to his license or permit in a space
22designated by the Department for that purpose.
23    Nothing in this Section shall be construed as to require
24the purchase of more than one State Habitat Stamp by any person
25in any one license year.
26    The Department shall furnish the holders of hunting

 

 

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1licenses and stamps with an insignia as evidence of possession
2of license, or license and stamp, as the Department may
3consider advisable. The insignia shall be exhibited and used as
4the Department may order.
5    All other hunting licenses and all State stamps shall
6expire upon March 31 of each year.
7    Every person holding any license, permit, or stamp issued
8under the provisions of this Act shall have it in his
9possession for immediate presentation for inspection to the
10officers and authorized employees of the Department, any
11sheriff, deputy sheriff, or any other peace officer making a
12demand for it. This provision shall not apply to Department
13owned or managed sites where it is required that all hunters
14deposit their license, permit, or Firearm Owner's
15Identification Card at the check station upon entering the
16hunting areas.
17(Source: P.A. 96-831, eff. 1-1-10.)
 
18    Section 99. Effective date. This Act takes effect April 1,
192012.