Full Text of SB3065 93rd General Assembly
SB3065sam001 93RD GENERAL ASSEMBLY
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Denny Jacobs
Filed: 2/19/2004
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| AMENDMENT TO SENATE BILL 3065
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| AMENDMENT NO. ______. Amend Senate Bill 3065 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Fish and Aquatic Life Code is amended by | 5 |
| changing Sections 20-45 and 20-55 and by adding Sections 1-51 | 6 |
| and 10-145 as follows: | 7 |
| (515 ILCS 5/1-51 new)
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| Sec. 1-51. Fishing guides. "Fishing guide" means any person | 9 |
| who guides, directs, or assists any other person in any fishing | 10 |
| activity for compensation or reward. | 11 |
| (515 ILCS 5/10-145 new) | 12 |
| Sec. 10-145. Fishing guides; license; application. It | 13 |
| shall be unlawful for any person to act as a fishing guide | 14 |
| without having first obtained a license to do so from the | 15 |
| Department. | 16 |
| No fishing guide license shall be issued until application | 17 |
| has been made to the Department. Applications shall be executed | 18 |
| and sworn to, shall set forth the name and description of the | 19 |
| applicant and the applicant's place of residence, and shall be | 20 |
| accompanied by the required fee. All applicants for a fishing | 21 |
| guide license must (i) be trained to the EMS first responder | 22 |
| level and obtain CPR recertification annually, and (ii) be in | 23 |
| good standing with both the Illinois Department of Public Aid |
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| and the Illinois Student Assistance Commission. All applicants | 2 |
| must agree to follow Department rules at all times and to | 3 |
| always be a good role model for conservation practices. Any | 4 |
| watercraft that an applicant chooses to employ in his or her | 5 |
| practice of fishing guide must meet all Coast Guard | 6 |
| requirements at all times and a cell phone or a marine radio | 7 |
| must be present on the watercraft at all times. The Department | 8 |
| shall determine the type and amount of proof that must | 9 |
| accompany an application in order to prove compliance with all | 10 |
| application requirements.
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| (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
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| Sec. 20-45. License fees for residents. Fees for licenses | 13 |
| for residents
of the State of Illinois shall be as follows:
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| (a) Except as otherwise provided in this Section, for | 15 |
| sport fishing
devices as defined in Section 10-95 or | 16 |
| spearing devices as defined in
Section 10-110 the fee is | 17 |
| $12.50 for individuals 16 to 64 years old, and
one-half of | 18 |
| the current fishing license fee for individuals age 65 or | 19 |
| older,
commencing with the 1994 license year.
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| (b) All residents before using any commercial fishing | 21 |
| device shall
obtain a commercial fishing license, the fee | 22 |
| for which shall be $35.
Each and every commercial device | 23 |
| used shall be licensed by a resident
commercial fisherman | 24 |
| as follows:
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| (1) For each 100 lineal yards, or fraction thereof, | 26 |
| of seine
the fee is $18. For each minnow seine, minnow | 27 |
| trap, or net for commercial
purposes the fee is $20.
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| (2) For each device to fish with a 100 hook trot | 29 |
| line
device,
basket trap, hoop net, or dip net the fee | 30 |
| is $3.
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| (3) When used in the waters of Lake Michigan, for | 32 |
| the first 2000
lineal feet, or fraction thereof, of | 33 |
| gill net the fee is $10; and
for each 1000 additional |
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| lineal feet, or fraction thereof, the fee is $10.
These | 2 |
| fees shall apply to all gill nets in use in the water | 3 |
| or on drying
reels on the shore.
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| (4) For each 100 lineal yards, or fraction thereof, | 5 |
| of gill net
or trammel net the fee is $18.
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| (c) Residents of the State of Illinois may obtain a | 7 |
| sportsmen's
combination license that shall entitle the | 8 |
| holder to the same
non-commercial fishing privileges as | 9 |
| residents holding a license as
described in subsection (a) | 10 |
| of this Section and to the same hunting
privileges as | 11 |
| residents holding a license to hunt all species as
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| described in Section 3.1 of the Wildlife Code. No | 13 |
| sportsmen's combination
license shall be issued to any | 14 |
| individual who would be ineligible for
either the fishing | 15 |
| or hunting license separately. The sportsmen's
combination | 16 |
| license fee shall be $18.50.
For residents age 65 or older, | 17 |
| the fee is one-half of the fee charged for a
sportsmen's | 18 |
| combination license.
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| (d) For 24 hours of fishing
by sport fishing devices
as | 20 |
| defined in Section 10-95 or by spearing devices as defined | 21 |
| in Section
10-110 the fee is $5. This license exempts the | 22 |
| licensee from the
requirement for a salmon or inland trout | 23 |
| stamp. The licenses provided for
by this subsection
are not | 24 |
| required for residents of the State of Illinois who have | 25 |
| obtained the
license provided for in subsection (a) of this | 26 |
| Section.
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| (e) All residents before using any commercial mussel | 28 |
| device shall
obtain a commercial mussel license, the fee | 29 |
| for which shall be $50.
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| (f) Residents of this State, upon establishing | 31 |
| residency as required
by the Department, may obtain a | 32 |
| lifetime hunting or fishing license or
lifetime | 33 |
| sportsmen's combination license which shall entitle the | 34 |
| holder to
the same non-commercial fishing privileges as |
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| residents holding a license
as described in paragraph (a) | 2 |
| of this Section and to the same hunting
privileges as | 3 |
| residents holding a license to hunt all species as | 4 |
| described
in Section 3.1 of the Wildlife Code. No lifetime | 5 |
| sportsmen's combination
license shall be issued to or | 6 |
| retained by any individual
who would be ineligible for | 7 |
| either the fishing or hunting license
separately, either | 8 |
| upon issuance, or in any year a violation would
subject an | 9 |
| individual to have either or both fishing or hunting | 10 |
| privileges
rescinded. The lifetime hunting and fishing | 11 |
| license fees shall be as follows:
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| (1) Lifetime fishing: 30 x the current fishing | 13 |
| license fee.
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| (2) Lifetime hunting: 30 x the current hunting | 15 |
| license fee.
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| (3) Lifetime sportsmen's combination license: 30 x | 17 |
| the current
sportsmen's combination license fee.
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| Lifetime licenses shall not be refundable. A $10 fee shall | 19 |
| be charged
for reissuing any lifetime license. The Department | 20 |
| may establish rules and
regulations for the issuance and use of | 21 |
| lifetime licenses and may suspend
or revoke any lifetime | 22 |
| license issued under this Section for violations of
those rules | 23 |
| or regulations or other provisions under this Code or the
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| Wildlife Code. Individuals under 16 years of age who possess a | 25 |
| lifetime
hunting or sportsmen's combination license shall have | 26 |
| in their possession,
while in the field, a certificate of | 27 |
| competency as required under Section
3.2 of the Wildlife Code. | 28 |
| Any lifetime license issued under this Section
shall not exempt | 29 |
| individuals from obtaining additional stamps or permits
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| required under the provisions of this Code or the Wildlife | 31 |
| Code.
Individuals required to purchase additional stamps shall | 32 |
| sign the stamps
and have them in their possession while fishing | 33 |
| or hunting with a lifetime
license. All fees received from the | 34 |
| issuance
of lifetime licenses shall be deposited in the Fish |
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| and Wildlife Endowment
Fund.
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| (g) All residents before acting as fishing guides shall | 3 |
| obtain a fishing guide license, the fee for which shall be $50.
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| Except for licenses issued under subsection (e) of this | 5 |
| Section, all
licenses provided for in this Section shall expire | 6 |
| on March 31 of
each year, except that the license provided for | 7 |
| in subsection (d) of
this Section shall expire 24 hours after | 8 |
| the effective date and time listed
on the face of the license.
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| All individuals required to have and failing to have the | 10 |
| license provided
for in subsection (a) ,
or (d) , or (g) of this | 11 |
| Section shall be fined according to the
provisions of Section | 12 |
| 20-35 of this Code.
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| All individuals required to have and failing to have the | 14 |
| licenses
provided for in subsections (b) and (e) of this | 15 |
| Section shall be guilty of a
Class B misdemeanor.
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| (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, | 17 |
| eff.
1-1-99.)
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| (515 ILCS 5/20-55) (from Ch. 56, par. 20-55)
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| Sec. 20-55. License fees for non-residents. Fees for | 20 |
| licenses for
non-residents of the State of Illinois are as | 21 |
| follows:
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| (a) For sport fishing devices as defined by Section
10-95, | 23 |
| or spearing
devices as defined in Section 10-110, non-residents | 24 |
| age 16 or older shall be
charged $24 for a fishing license to | 25 |
| fish. For sport fishing devices as defined
by Section 10-95, or | 26 |
| spearing devices as defined in Section 10-110, for a
period not | 27 |
| to exceed 10 consecutive days fishing in the State of Illinois | 28 |
| the
fee is $12.50.
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| For sport fishing devices as defined in Section 10-95,
or | 30 |
| spearing
devices as defined in Section 10-110, for 24 hours of | 31 |
| fishing the fee is $5. This license exempts the licensee from
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| the salmon or inland trout stamp requirement.
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| (b) All non-residents before using any commercial fishing |
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| device
shall obtain a non-resident commercial fishing license, | 2 |
| the fee for
which shall be $150. Each and every commercial | 3 |
| device shall be
licensed by a non-resident commercial fisherman | 4 |
| as follows:
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| (1) For each 100 lineal yards, or fraction thereof, of | 6 |
| seine
(excluding minnow seines) the fee is $36.
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| (2) For each device to fish with a 100 hook trot line
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| device,
basket trap, hoop net, or dip net the fee is $6.
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| (3) For each 100 lineal yards, or fraction thereof, of | 10 |
| trammel net
the fee is $36.
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| (4) For each 100 lineal yards, or fraction thereof, of | 12 |
| gill net
the fee is $36.
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| (c) All non-residents before acting as fishing guides shall | 14 |
| obtain a fishing guide license, the fee for which shall be | 15 |
| $100.
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| All persons required to have and failing to have the | 17 |
| license provided
for in subsection (a) or (c) of this Section | 18 |
| shall be fined under Section 20-35
of this Code. Each person | 19 |
| required to have and failing to have the
licenses required | 20 |
| under subsection (b) of this Section shall be guilty of a
Class | 21 |
| B misdemeanor.
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| All licenses provided for in this Section shall expire on | 23 |
| March 31 of
each year; except that the 24-hour license for | 24 |
| sport fishing devices or
spearing devices shall
expire 24 hours | 25 |
| after the effective date and time listed on the face of the
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| license and licenses for sport fishing devices
or spearing
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| devices for a period not to exceed 10 consecutive days fishing | 28 |
| in the
State of Illinois as provided in subsection (a) of this | 29 |
| Section shall
expire at midnight on the tenth day after issued, | 30 |
| not counting the day
issued.
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| (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, | 32 |
| eff. 1-1-99.)".
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