98TH GENERAL ASSEMBLY State of Illinois 2013 and 2014 HB4329

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

`515 ILCS 5/20-45`	`from Ch. 56, par. 20-45`
`515 ILCS 5/20-50`	`from Ch. 56, par. 20-50`
`515 ILCS 5/20-51`
`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, salmon stamps, and inland trout stamps shall be waived for residents over 75 years old. Amends the Wildlife Code. Provides that the fee for a hunting license to hunt all species, State Migratory Waterfowl Stamps, State Habitat Stamps, State Pheasant Stamps, and State Furbearer Stamps shall be waived for residents over 75 years old. 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,

3 represented in the General Assembly:

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

5 changing Sections 20-45, 20-50, and 20-51 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

8 for 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, 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 residents over 75 years old.

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 thereof,

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

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

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

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

13 is $3.

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

15 the first 2000 lineal feet, or fraction thereof, of

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

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

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

19 or on drying reels on the shore.

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

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

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

23 sportsmen's combination license that shall entitle the

24 holder to the same non-commercial fishing privileges as

25 residents holding a license as described in subsection (a)

26 of this Section and to the same hunting privileges as

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1 residents holding a license to hunt all species as

2 described in Section 3.1 of the Wildlife Code. No

3 sportsmen's combination license shall be issued to any

4 individual who would be ineligible for either the fishing

5 or hunting license separately. The sportsmen's combination

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

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

8 combination license. For resident veterans of the United

9 States Armed Forces after returning from service abroad or

10 mobilization by the President of the United States, the

11 fee, commencing with the 2012 license year, is one-half of

12 the fee charged for a sportsmen's combination license.

13 Veterans must provide to the Department, at one of the

14 Department's 5 regional offices, verification of their

15 service. The Department shall establish what constitutes

16 suitable verification of service for the purpose of issuing

17 sportsmen's combination licenses to resident veterans at a

18 reduced fee.

19 (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 does not

22 exempt the licensee from the requirement for a salmon or

23 inland trout stamp. The licenses provided for by this

24 subsection are not required for residents of the State of

25 Illinois who have obtained the license provided for in

26 subsection (a) of this Section.

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1 (e) All residents before using any commercial mussel

2 device shall obtain a commercial mussel license, the fee

3 for which shall be $50.

4 (f) Residents of this State, upon establishing

5 residency as required by the Department, may obtain a

6 lifetime hunting or fishing license or lifetime

7 sportsmen's combination license which shall entitle the

8 holder to the same non-commercial fishing privileges as

9 residents holding a license as described in paragraph (a)

10 of this Section and to the same hunting privileges as

11 residents holding a license to hunt all species as

12 described in Section 3.1 of the Wildlife Code. No lifetime

13 sportsmen's combination license shall be issued to or

14 retained by any individual who would be ineligible for

15 either the fishing or hunting license separately, either

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

17 individual to have either or both fishing or hunting

18 privileges rescinded. The lifetime hunting and fishing

19 license fees shall be as follows:

20 (1) Lifetime fishing: 30 x the current fishing

21 license fee.

22 (2) Lifetime hunting: 30 x the current hunting

23 license fee.

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

25 the current sportsmen's combination license fee.

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

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1 be charged for reissuing any lifetime license. The Department

2 may establish rules and regulations for the issuance and use of

3 lifetime licenses and may suspend or revoke any lifetime

4 license issued under this Section for violations of those rules

5 or regulations or other provisions under this Code or the

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

7 lifetime hunting or sportsmen's combination license shall have

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

9 competency as required under Section 3.2 of the Wildlife Code.

10 Any lifetime license issued under this Section shall not exempt

11 individuals from obtaining additional stamps or permits

12 required under the provisions of this Code or the Wildlife

13 Code. Individuals required to purchase additional stamps shall

14 sign the stamps and have them in their possession while fishing

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

16 issuance of lifetime licenses shall be deposited in the Fish

17 and Wildlife Endowment Fund.

18 Except for licenses issued under subsection (e) of this

19 Section, all licenses provided for in this Section shall expire

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

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

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

23 All individuals required to have and failing to have the

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

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

26 this Code.

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1 All individuals required to have and failing to have the

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

3 Section shall be guilty of a Class B misdemeanor.

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

5 97-1136, eff. 1-1-13.)

6 (515 ILCS 5/20-50) (from Ch. 56, par. 20-50)

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

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

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

10 years old.Every person shall sign the salmon stamp or affix

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

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

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

14 20-10 of this Code shall be guilty of a petty offense.

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

16 (515 ILCS 5/20-51)

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

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

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

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

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

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

23 this Code, shall be guilty of a petty offense.

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

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1 Section 10. The Wildlife Code is amended by changing

2 Section 3.2 as follows:

3 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

4 Sec. 3.2. Hunting license; application; instruction.

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

6 incorporated town clerk or his duly designated agent or any

7 other person authorized or designated by the Department to

8 issue hunting licenses shall issue a hunting license to any

9 person, the person shall file his application with the

10 Department or other party authorized to issue licenses on a

11 form provided by the Department and further give definite proof

12 of identity and place of legal residence. Each clerk

13 designating agents to issue licenses and stamps shall furnish

14 the Department, within 10 days following the appointment, the

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

16 duly designated agent shall be authorized to sell licenses and

17 stamps only within the territorial area for which he was

18 elected or appointed. No duly designated agent is authorized to

19 furnish licenses or stamps for issuance by any other business

20 establishment. Each application shall be executed and sworn to

21 and shall set forth the name and description of the applicant

22 and place of residence.

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

24 after January 1, 1980 unless he presents the person authorized

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1 to issue the license evidence that he has held a hunting

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

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

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

5 Hunting or Sportsmen's Combination License as provided under

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

7 be entitled to hunt unless they have a certificate of

8 competency as provided in this Section and they shall have the

9 certificate in their possession while hunting.

10 The Department of Natural Resources shall authorize

11 personnel of the Department or certified volunteer instructors

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

13 firearms and hunter safety, which may include training in bow

14 and arrow safety, at regularly specified intervals throughout

15 the State. Persons successfully completing the course shall

16 receive a certificate of competency. The Department of Natural

17 Resources may further cooperate with any reputable association

18 or organization in establishing courses if the organization has

19 as one of its objectives the promotion of safety in the

20 handling of firearms or bow and arrow.

21 The Department of Natural Resources shall designate any

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

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

24 persons so appointed shall give the course of instruction and

25 upon the successful completion shall issue to the person

26 instructed a certificate of competency in the safe handling of

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

2 made for any course of instruction except for materials or

3 ammunition consumed. The Department of Natural Resources shall

4 furnish information on the requirements of hunter safety

5 education programs to be distributed free of charge to

6 applicants for hunting licenses by the persons appointed and

7 authorized to issue licenses. Funds for the conducting of

8 firearms and hunter safety courses shall be taken from the fee

9 charged for the Firearm Owners Identification Card.

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

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

12 and, commencing with the 2012 license year, resident veterans

13 of the United States Armed Forces after returning from service

14 abroad or mobilization by the President of the United States,

15 the fee is one-half of the fee charged for a hunting license to

16 hunt all species for a resident of Illinois. Veterans must

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

18 regional offices, verification of their service. The

19 Department shall establish what constitutes suitable

20 verification of service for the purpose of issuing resident

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

22 hunting license to hunt all species shall be waived for

23 residents over 75 years old. Nonresidents shall be charged $57

24 for a hunting license.

25 Nonresidents may be issued a nonresident hunting license

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

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1 State and shall be charged a fee of $35.

2 A special nonresident hunting license authorizing a

3 nonresident to take game birds by hunting on a game breeding

4 and hunting preserve area only, established under Section 3.27,

5 shall be issued upon proper application being made and payment

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

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

8 year that game breeding and hunting preserve area licenses

9 expire.

10 Each applicant for a State Migratory Waterfowl Stamp,

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

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

13 Waterfowl Stamp shall be waived for residents over 75 years

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

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

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

17 Department for that purpose.

18 Each applicant for a State Habitat Stamp, regardless of his

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

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

21 waived for residents over 75 years old. Except as provided

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

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

24 or permit in a space designated by the Department for that

25 purpose.

26 Nothing in this Section shall be construed as to require

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

2 in any one license year.

3 The fees for State Pheasant Stamps and State Furbearer

4 Stamps shall be waived for residents over 75 years old.

5 The Department shall furnish the holders of hunting

6 licenses and stamps with an insignia as evidence of possession

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

8 consider advisable. The insignia shall be exhibited and used as

9 the Department may order.

10 All other hunting licenses and all State stamps shall

11 expire upon March 31 of each year.

12 Every person holding any license, permit, or stamp issued

13 under the provisions of this Act shall have it in his

14 possession for immediate presentation for inspection to the

15 officers and authorized employees of the Department, any

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

17 demand for it. This provision shall not apply to Department

18 owned or managed sites where it is required that all hunters

19 deposit their license, permit, or Firearm Owner's

20 Identification Card at the check station upon entering the

21 hunting areas.

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

23 Section 99. Effective date. This Act takes effect upon

24 becoming law.