Public Act 098-0800

HB4329 Enrolled LRB098 15754 MGM 50785 b

AN ACT concerning wildlife.

Be it enacted by the People of the State of Illinois,

represented in the General Assembly:

Section 5. The Fish and Aquatic Life Code is amended by

changing Sections 20-45, 20-50, and 20-51 as follows:

(515 ILCS 5/20-45) (from Ch. 56, par. 20-45)

Sec. 20-45. License fees for residents. Fees for licenses

for residents of the State of Illinois shall be as follows:

(a) Except as otherwise provided in this Section, for

sport fishing devices as defined in Section 10-95 or

spearing devices as defined in Section 10-110, the fee is

$14.50 for individuals 16 to 64 years old, one-half of the

current fishing license fee for individuals age 65 or

older, and, commencing with the 2012 license year, one-half

of the current fishing license fee for resident veterans of

the United States Armed Forces after returning from service

abroad or mobilization by the President of the United

States. Veterans must provide, to the Department at one of

the Department's 5 regional offices, verification of their

service. The Department shall establish what constitutes

suitable verification of service for the purpose of issuing

fishing licenses to resident veterans at a reduced fee.

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

$1 for residents over 75 years of age.

(b) All residents before using any commercial fishing

device shall obtain a commercial fishing license, the fee

for which shall be $60 and a resident fishing license, the

fee for which is $14.50. Each and every commercial device

used shall be licensed by a resident commercial fisherman

as follows:

(1) For each 100 lineal yards, or fraction thereof,

of seine the fee is $18. For each minnow seine, minnow

trap, or net for commercial purposes the fee is $20.

(2) For each device to fish with a 100 hook trot

line device, basket trap, hoop net, or dip net the fee

is $3.

(3) When used in the waters of Lake Michigan, for

the first 2000 lineal feet, or fraction thereof, of

gill net the fee is $10; and for each 1000 additional

lineal feet, or fraction thereof, the fee is $10. These

fees shall apply to all gill nets in use in the water

or on drying reels on the shore.

(4) For each 100 lineal yards, or fraction thereof,

of gill net or trammel net the fee is $18.

(c) Residents of the State of Illinois may obtain a

sportsmen's combination license that shall entitle the

holder to the same non-commercial fishing privileges as

residents holding a license as described in subsection (a)

of this Section and to the same hunting privileges as

residents holding a license to hunt all species as

described in Section 3.1 of the Wildlife Code. No

sportsmen's combination license shall be issued to any

individual who would be ineligible for either the fishing

or hunting license separately. The sportsmen's combination

license fee shall be $25.50. For residents age 65 or older,

the fee is one-half of the fee charged for a sportsmen's

combination license. 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, commencing with the 2012 license year, is one-half of

the fee charged for a sportsmen's combination license.

Veterans must provide to the Department, at one of the

Department's 5 regional offices, verification of their

service. The Department shall establish what constitutes

suitable verification of service for the purpose of issuing

sportsmen's combination licenses to resident veterans at a

reduced fee.

(d) For 24 hours of fishing by sport fishing devices as

defined in Section 10-95 or by spearing devices as defined

in Section 10-110 the fee is $5. This license does not

exempt the licensee from the requirement for a salmon or

inland trout stamp. The licenses provided for by this

subsection are not required for residents of the State of

Illinois who have obtained the license provided for in

subsection (a) of this Section.

(e) All residents before using any commercial mussel

device shall obtain a commercial mussel license, the fee

for which shall be $50.

(f) Residents of this State, upon establishing

residency as required by the Department, may obtain a

lifetime hunting or fishing license or lifetime

sportsmen's combination license which shall entitle the

holder to the same non-commercial fishing privileges as

residents holding a license as described in paragraph (a)

of this Section and to the same hunting privileges as

residents holding a license to hunt all species as

described in Section 3.1 of the Wildlife Code. No lifetime

sportsmen's combination license shall be issued to or

retained by any individual who would be ineligible for

either the fishing or hunting license separately, either

upon issuance, or in any year a violation would subject an

individual to have either or both fishing or hunting

privileges rescinded. The lifetime hunting and fishing

license fees shall be as follows:

(1) Lifetime fishing: 30 x the current fishing

license fee.

(2) Lifetime hunting: 30 x the current hunting

license fee.

(3) Lifetime sportsmen's combination license: 30 x

the current sportsmen's combination license fee.

Lifetime licenses shall not be refundable. A $10 fee shall

be charged for reissuing any lifetime license. The Department

may establish rules and regulations for the issuance and use of

lifetime licenses and may suspend or revoke any lifetime

license issued under this Section for violations of those rules

or regulations or other provisions under this Code or the

Wildlife Code. Individuals under 16 years of age who possess a

lifetime hunting or sportsmen's combination license shall have

in their possession, while in the field, a certificate of

competency as required under Section 3.2 of the Wildlife Code.

Any lifetime license issued under this Section shall not exempt

individuals from obtaining additional stamps or permits

required under the provisions of this Code or the Wildlife

Code. Individuals required to purchase additional stamps shall

sign the stamps and have them in their possession while fishing

or hunting with a lifetime license. All fees received from the

issuance of lifetime licenses shall be deposited in the Fish

and Wildlife Endowment Fund.

Except for licenses issued under subsection (e) of this

Section, all licenses provided for in this Section shall expire

on March 31 of each year, except that the license provided for

in subsection (d) of this Section shall expire 24 hours after

the effective date and time listed on the face of the license.

All individuals required to have and failing to have the

license provided for in subsection (a) or (d) of this Section

shall be fined according to the provisions of Section 20-35 of

this Code.

All individuals required to have and failing to have the

licenses provided for in subsections (b) and (e) of this

Section shall be guilty of a Class B misdemeanor.

(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12;

97-1136, eff. 1-1-13.)

(515 ILCS 5/20-50) (from Ch. 56, par. 20-50)

Sec. 20-50. Salmon stamp fee. The fee for a salmon stamp

shall be $6 for both resident and non-resident licensees. The

fee for a salmon stamp shall be waived for residents over 75

years of age. Every person shall sign the salmon stamp or affix

the salmon stamp to his or her license. These stamps shall

expire on March 31 of each year. All individuals required to

have and failing to have a salmon stamp as provided in Section

20-10 of this Code shall be guilty of a petty offense.

(Source: P.A. 87-833; 88-91.)

(515 ILCS 5/20-51)

Sec. 20-51. Inland trout stamp. The fee for an inland trout

stamp shall be $6 for both resident and nonresident licensees.

The fee for an inland trout stamp shall be waived for residents

over 75 years of age. These stamps shall expire on March 31 of

each year. All individuals required to have and who fail to

have an inland trout stamp, as provided in Section 20-11 of

this Code, shall be guilty of a petty offense.

(Source: P.A. 88-91.)

Section 10. The Wildlife Code is amended by changing

Section 3.2 as follows:

(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

Sec. 3.2. Hunting license; application; instruction.

Before the Department or any county, city, village, township,

incorporated town clerk or his duly designated agent or any

other person authorized or designated by the Department to

issue hunting licenses shall issue a hunting license to any

person, the person shall file his application with the

Department or other party authorized to issue licenses on a

form provided by the Department and further give definite proof

of identity and place of legal residence. Each clerk

designating agents to issue licenses and stamps shall furnish

the Department, within 10 days following the appointment, the

names and mailing addresses of the agents. Each clerk or his

duly designated agent shall be authorized to sell licenses and

stamps only within the territorial area for which he was

elected or appointed. No duly designated agent is authorized to

furnish licenses or stamps for issuance by any other business

establishment. Each application shall be executed and sworn to

and shall set forth the name and description of the applicant

and place of residence.

No hunting license shall be issued to any person born on or

after January 1, 1980 unless he presents the person authorized

to issue the license evidence that he has held a hunting

license issued by the State of Illinois or another state in a

prior year, or a certificate of competency as provided in this

Section. Persons under 16 years of age may be issued a Lifetime

Hunting or Sportsmen's Combination License as provided under

Section 20-45 of the Fish and Aquatic Life Code but shall not

be entitled to hunt unless they have a certificate of

competency as provided in this Section and they shall have the

certificate in their possession while hunting.

The Department of Natural Resources shall authorize

personnel of the Department or certified volunteer instructors

to conduct courses, of not less than 10 hours in length, in

firearms and hunter safety, which may include training in bow

and arrow safety, at regularly specified intervals throughout

the State. Persons successfully completing the course shall

receive a certificate of competency. The Department of Natural

Resources may further cooperate with any reputable association

or organization in establishing courses if the organization has

as one of its objectives the promotion of safety in the

handling of firearms or bow and arrow.

The Department of Natural Resources shall designate any

person found by it to be competent to give instruction in the

handling of firearms, hunter safety, and bow and arrow. The

persons so appointed shall give the course of instruction and

upon the successful completion shall issue to the person

instructed a certificate of competency in the safe handling of

firearms, hunter safety, and bow and arrow. No charge shall be

made for any course of instruction except for materials or

ammunition consumed. The Department of Natural Resources shall

furnish information on the requirements of hunter safety

education programs to be distributed free of charge to

applicants for hunting licenses by the persons appointed and

authorized to issue licenses. Funds for the conducting of

firearms and hunter safety courses shall be taken from the fee

charged for the Firearm Owners Identification Card.

The fee for a hunting license to hunt all species for a

resident of Illinois is $12. For residents age 65 or older,

and, commencing with the 2012 license year, 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 hunting license to

hunt all species for a resident of Illinois. Veterans must

provide to the Department, at one of the Department's 5

regional offices, verification of their service. The

Department shall establish what constitutes suitable

verification of service for the purpose of issuing resident

veterans hunting licenses at a reduced fee. The fee for a

hunting license to hunt all species shall be $1 for residents

over 75 years of age. Nonresidents shall be charged $57 for a

hunting license.

Nonresidents may be issued a nonresident hunting license

for a period not to exceed 10 consecutive days' hunting in the

State and shall be charged a fee of $35.

A special nonresident hunting license authorizing a

nonresident to take game birds by hunting on a game breeding

and hunting preserve area only, established under Section 3.27,

shall be issued upon proper application being made and payment

of a fee equal to that for a resident hunting license. The

expiration date of this license shall be on the same date each

year that game breeding and hunting preserve area licenses

expire.

Each applicant for a State Migratory Waterfowl Stamp,

regardless of his residence or other condition, shall pay a fee

of $15 and shall receive a stamp. The fee for a State Migratory

Waterfowl Stamp shall be waived for residents over 75 years of

age. Except as provided under Section 20-45 of the Fish and

Aquatic Life Code, the stamp shall be signed by the person or

affixed to his license or permit in a space designated by the

Department for that purpose.

Each applicant for a State Habitat Stamp, regardless of his

residence or other condition, shall pay a fee of $5 and shall

receive a stamp. The fee for a State Habitat Stamp shall be

waived for residents over 75 years of age. Except as provided

under Section 20-45 of the Fish and Aquatic Life Code, the

stamp shall be signed by the person or affixed to his license

or permit in a space designated by the Department for that

purpose.

Nothing in this Section shall be construed as to require

the purchase of more than one State Habitat Stamp by any person

in any one license year.

The fees for State Pheasant Stamps and State Furbearer

Stamps shall be waived for residents over 75 years of age.

The Department shall furnish the holders of hunting

licenses and stamps with an insignia as evidence of possession

of license, or license and stamp, as the Department may

consider advisable. The insignia shall be exhibited and used as

the Department may order.

All other hunting licenses and all State stamps shall

expire upon March 31 of each year.

Every person holding any license, permit, or stamp issued

under the provisions of this Act shall have it in his

possession for immediate presentation for inspection to the

officers and authorized employees of the Department, any

sheriff, deputy sheriff, or any other peace officer making a

demand for it. This provision shall not apply to Department

owned or managed sites where it is required that all hunters

deposit their license, permit, or Firearm Owner's

Identification Card at the check station upon entering the

hunting areas.

(Source: P.A. 96-831, eff. 1-1-10; 97-498, eff. 4-1-12.)

Section 99. Effective date. This Act takes effect upon

becoming law.