98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB4452

 

Introduced , by Rep. John M. Cabello

 

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 the fee for all sport fishing licenses shall be waived for resident veterans of the United States Armed Forces that have been honorably discharged. Amends the Wildlife Code. Provides that the fee for a hunting license to hunt all species shall be waived for resident veterans of the United States Armed Forces that have been honorably discharged. Effective immediately.


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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. 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-5) The fee for all sport fishing licenses shall be

 

 

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1    waived for resident veterans of the United States Armed
2    Forces that have been honorably discharged. Veterans must
3    provide, to the Department at one of the Department's 5
4    regional offices, verification of their service and
5    honorable discharge. The Department shall establish what
6    constitutes suitable verification of service and honorable
7    discharge for the purpose of issuing fishing licenses to
8    resident veterans without a fee.
9        (b) All residents before using any commercial fishing
10    device shall obtain a commercial fishing license, the fee
11    for which shall be $60 and a resident fishing license, the
12    fee for which is $14.50. Each and every commercial device
13    used shall be licensed by a resident commercial fisherman
14    as follows:
15            (1) For each 100 lineal yards, or fraction thereof,
16        of seine the fee is $18. For each minnow seine, minnow
17        trap, or net for commercial purposes the fee is $20.
18            (2) For each device to fish with a 100 hook trot
19        line device, basket trap, hoop net, or dip net the fee
20        is $3.
21            (3) When used in the waters of Lake Michigan, for
22        the first 2000 lineal feet, or fraction thereof, of
23        gill net the fee is $10; and for each 1000 additional
24        lineal feet, or fraction thereof, the fee is $10. These
25        fees shall apply to all gill nets in use in the water
26        or on drying reels on the shore.

 

 

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1            (4) For each 100 lineal yards, or fraction thereof,
2        of gill net or trammel net the fee is $18.
3        (c) Residents of the State of Illinois may obtain a
4    sportsmen's combination license that shall entitle the
5    holder to the same non-commercial fishing privileges as
6    residents holding a license as described in subsection (a)
7    of this Section and to the same hunting privileges as
8    residents holding a license to hunt all species as
9    described in Section 3.1 of the Wildlife Code. No
10    sportsmen's combination license shall be issued to any
11    individual who would be ineligible for either the fishing
12    or hunting license separately. The sportsmen's combination
13    license fee shall be $25.50. For residents age 65 or older,
14    the fee is one-half of the fee charged for a sportsmen's
15    combination license. For resident veterans of the United
16    States Armed Forces after returning from service abroad or
17    mobilization by the President of the United States, the
18    fee, commencing with the 2012 license year, is one-half of
19    the fee charged for a sportsmen's combination license.
20    Veterans must provide to the Department, at one of the
21    Department's 5 regional offices, verification of their
22    service. The Department shall establish what constitutes
23    suitable verification of service for the purpose of issuing
24    sportsmen's combination licenses to resident veterans at a
25    reduced fee.
26        (d) For 24 hours of fishing by sport fishing devices as

 

 

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1    defined in Section 10-95 or by spearing devices as defined
2    in Section 10-110 the fee is $5. This license does not
3    exempt the licensee from the requirement for a salmon or
4    inland trout stamp. The licenses provided for by this
5    subsection are not required for residents of the State of
6    Illinois who have obtained the license provided for in
7    subsection (a) of this Section.
8        (e) All residents before using any commercial mussel
9    device shall obtain a commercial mussel license, the fee
10    for which shall be $50.
11        (f) Residents of this State, upon establishing
12    residency as required by the Department, may obtain a
13    lifetime hunting or fishing license or lifetime
14    sportsmen's combination license which shall entitle the
15    holder to the same non-commercial fishing privileges as
16    residents holding a license as described in paragraph (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 lifetime
20    sportsmen's combination license shall be issued to or
21    retained by any individual who would be ineligible for
22    either the fishing or hunting license separately, either
23    upon issuance, or in any year a violation would subject an
24    individual to have either or both fishing or hunting
25    privileges rescinded. The lifetime hunting and fishing
26    license fees shall be as follows:

 

 

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1            (1) Lifetime fishing: 30 x the current fishing
2        license fee.
3            (2) Lifetime hunting: 30 x the current hunting
4        license fee.
5            (3) Lifetime sportsmen's combination license: 30 x
6        the current sportsmen's combination license fee.
7    Lifetime licenses shall not be refundable. A $10 fee shall
8be charged for reissuing any lifetime license. The Department
9may establish rules and regulations for the issuance and use of
10lifetime licenses and may suspend or revoke any lifetime
11license issued under this Section for violations of those rules
12or regulations or other provisions under this Code or the
13Wildlife Code. Individuals under 16 years of age who possess a
14lifetime hunting or sportsmen's combination license shall have
15in their possession, while in the field, a certificate of
16competency as required under Section 3.2 of the Wildlife Code.
17Any lifetime license issued under this Section shall not exempt
18individuals from obtaining additional stamps or permits
19required under the provisions of this Code or the Wildlife
20Code. Individuals required to purchase additional stamps shall
21sign the stamps and have them in their possession while fishing
22or hunting with a lifetime license. All fees received from the
23issuance of lifetime licenses shall be deposited in the Fish
24and Wildlife Endowment Fund.
25    Except for licenses issued under subsection (e) of this
26Section, all licenses provided for in this Section shall expire

 

 

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1on March 31 of each year, except that the license provided for
2in subsection (d) of this Section shall expire 24 hours after
3the effective date and time listed on the face of the license.
4    All individuals required to have and failing to have the
5license provided for in subsection (a) or (d) of this Section
6shall be fined according to the provisions of Section 20-35 of
7this Code.
8    All individuals required to have and failing to have the
9licenses provided for in subsections (b) and (e) of this
10Section shall be guilty of a Class B misdemeanor.
11(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;
1297-1136, eff. 1-1-13.)
 
13    Section 10. The Wildlife Code is amended by changing
14Section 3.2 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 proof
24of 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 to
7furnish licenses or stamps for issuance by any other business
8establishment. Each application shall be executed and sworn to
9and shall set forth the name and description of the applicant
10and 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 16 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 unless they have a certificate of
20competency as provided in this Section and they shall have the
21certificate in their possession while hunting.
22    The Department of Natural Resources shall authorize
23personnel of the Department or certified volunteer instructors
24to conduct courses, of not less than 10 hours in length, in
25firearms and hunter safety, which may include training in bow
26and arrow safety, at regularly specified intervals throughout

 

 

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

 

 

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1the fee is one-half of the fee charged for a hunting license to
2hunt all species for a resident of Illinois. The fee for a
3hunting license to hunt all species shall be waived for
4resident veterans of the United States Armed Forces that have
5been honorably discharged. Veterans must provide to the
6Department, at one of the Department's 5 regional offices,
7verification of their service and honorable discharge. The
8Department shall establish what constitutes suitable
9verification of service and honorable discharge for the purpose
10of issuing resident veterans hunting licenses without a fee at
11a reduced fee. Nonresidents shall be charged $57 for a hunting
12license.
13    Nonresidents may be issued a nonresident hunting license
14for a period not to exceed 10 consecutive days' hunting in the
15State and shall be charged a fee of $35.
16    A special nonresident hunting license authorizing a
17nonresident to take game birds by hunting on a game breeding
18and hunting preserve area only, established under Section 3.27,
19shall be issued upon proper application being made and payment
20of a fee equal to that for a resident hunting license. The
21expiration date of this license shall be on the same date each
22year that game breeding and hunting preserve area licenses
23expire.
24    Each applicant for a State Migratory Waterfowl Stamp,
25regardless of his residence or other condition, shall pay a fee
26of $15 and shall receive a stamp. Except as provided under

 

 

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1Section 20-45 of the Fish and Aquatic Life Code, the stamp
2shall be signed by the person or affixed to his license or
3permit in a space designated by the Department for that
4purpose.
5    Each applicant for a State Habitat Stamp, regardless of his
6residence or other condition, shall pay a fee of $5 and shall
7receive a stamp. Except as provided under Section 20-45 of the
8Fish and Aquatic Life Code, the stamp shall be signed by the
9person or affixed to his license or permit in a space
10designated by the Department for that purpose.
11    Nothing in this Section shall be construed as to require
12the purchase of more than one State Habitat Stamp by any person
13in any one license year.
14    The Department shall furnish the holders of hunting
15licenses and stamps with an insignia as evidence of possession
16of license, or license and stamp, as the Department may
17consider advisable. The insignia shall be exhibited and used as
18the Department may order.
19    All other hunting licenses and all State stamps shall
20expire upon March 31 of each year.
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

 

 

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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. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.