103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3340

 

Introduced 2/7/2024, by Sen. Neil Anderson

 

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 and the Wildlife Code. Provides that there is no fee for an annual or 3-year fishing license, sportsmen's combination license, or hunting license for resident Gold Star Family members. Directs the Department of Natural Resources to adopt rules establishing who qualifies for Gold Star Family member status and what constitutes suitable verification of that status. Effective immediately.


LRB103 38106 JAG 68238 b

 

 

A BILL FOR

 

SB3340LRB103 38106 JAG 68238 b

1    AN ACT concerning fishing and hunting.
 
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, one-half of the
13    current fishing license fee for individuals age 65 or
14    older, and, commencing with the 2012 license year,
15    one-half of the current fishing license fee for resident
16    veterans of the United States Armed Forces after returning
17    from service abroad or mobilization by the President of
18    the United States as an active duty member of the United
19    States Armed Forces, the Illinois National Guard, or the
20    Reserves of the United States Armed Forces. Veterans must
21    provide to the Department acceptable verification of their
22    service. The Department shall establish by administrative
23    rule the procedure by which such verification of service

 

 

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1    shall be made to the Department for the purpose of issuing
2    fishing licenses to resident veterans at a reduced fee.
3        (a-3) Except as otherwise provided in this Section,
4    for sport fishing devices as defined in Section 10-95 or
5    spearing devices as defined in Section 10-110, residents
6    of this State may obtain a 3-year fishing license. The fee
7    for a 3-year fishing license is 3 times the annual fee. For
8    residents age 65 or older, the fee is one half of the fee
9    charged for a 3-year fishing license. For resident
10    veterans of the United States Armed Forces after returning
11    from service abroad or mobilization by the President of
12    the United States, the fee is one-half of the fee charged
13    for a 3-year fishing license. Veterans must provide to the
14    Department, per administrative rule, verification of their
15    service. The Department shall establish what constitutes
16    suitable verification of service for the purpose of
17    issuing 3-year fishing licenses to resident veterans at a
18    reduced fee.
19        (a-5) The fee for all sport fishing licenses shall be
20    $1 for an annual license and 3 times the annual fee for a
21    3-year license for residents over 75 years of age.
22        (a-6) There is no fee for an annual or 3-year fishing
23    license for resident Gold Star Family members. A Gold Star
24    Family member includes an immediate relative of a United
25    States Armed Forces member who died in battle or in
26    support of certain military activities, including a

 

 

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1    parent, child, brother, sister, or other loved one. Gold
2    Star Family members must provide verification to the
3    Department at one of the Department's 5 regional offices.
4    The Department shall, by rule, establish who qualifies for
5    Gold Star Family member status and what constitutes
6    suitable verification.
7        (b) All residents before using any commercial fishing
8    device shall obtain a commercial fishing license, the fee
9    for which shall be $60 and a resident fishing license, the
10    fee for which is $14.50. Each and every commercial device
11    used shall be licensed by a resident commercial fisherman
12    as follows:
13            (1) For each 100 lineal yards, or fraction
14        thereof, of seine the fee is $18. For each minnow
15        seine, minnow trap, or net for commercial purposes the
16        fee is $20.
17            (2) For each device to fish with a 100 hook trot
18        line device, basket trap, hoop net, or dip net the fee
19        is $3.
20            (3) When used in the waters of Lake Michigan, for
21        the first 2000 lineal feet, or fraction thereof, of
22        gill net the fee is $10; and for each 1000 additional
23        lineal feet, or fraction thereof, the fee is $10.
24        These fees shall apply to all gill nets in use in the
25        water or on drying reels on the shore.
26            (4) For each 100 lineal yards, or fraction

 

 

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

 

 

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1    reduced fee.
2        (c-1) There is no fee for an annual or 3-year
3    sportsmen's combination license for resident Gold Star
4    Family members. A Gold Star Family member includes an
5    immediate relative of a United States Armed Forces member
6    who died in battle or in support of certain military
7    activities, including a parent, child, brother, sister, or
8    other loved one. Gold Star Family members must provide
9    verification to the Department at one of the Department's
10    5 regional offices. The Department shall, by rule,
11    establish who qualifies for Gold Star Family member status
12    and what constitutes suitable verification.
13        (c-5) Residents of this State may obtain a 3-year
14    sportsmen's combination license that shall entitle the
15    holder to the same non-commercial fishing privileges as
16    residents holding a license as described in subsection
17    (a-3) and to the same hunting privileges as residents
18    holding a license to hunt all species as described in
19    Section 3.1 of the Wildlife Code. A 3-year sportsmen's
20    combination license shall not be issued to any individual
21    who would be ineligible for either the fishing or hunting
22    license separately. The 3-year sportsmen's combination
23    license fee shall be 3 times the annual fee. For residents
24    age 65 or older, the fee is one-half of the fee charged for
25    a 3-year sportsmen's combination license. For resident
26    veterans of the United States Armed Forces after returning

 

 

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1    from service abroad or mobilization by the President of
2    the United States, the fee is one-half of the fee charged
3    for a 3-year sportsmen's combination license. Veterans
4    must provide to the Department, per administrative rule,
5    verification of their service. The Department shall
6    establish what constitutes suitable verification of
7    service for the purpose of issuing 3-year sportsmen's
8    combination licenses to resident veterans at a reduced
9    fee.
10        (d) For 24 hours of fishing by sport fishing devices
11    as defined in Section 10-95 or by spearing devices as
12    defined in Section 10-110 the fee is $5. This license does
13    not exempt the licensee from the requirement for a salmon
14    or inland trout stamp. The licenses provided for by this
15    subsection are not required for residents of the State of
16    Illinois who have obtained the license provided for in
17    subsection (a) or (a-3) of this Section.
18        (e) All residents before using any commercial mussel
19    device shall obtain a commercial mussel license, the fee
20    for which shall be $50.
21        (f) Residents of this State, upon establishing
22    residency as required by the Department, may obtain a
23    lifetime hunting or fishing license or lifetime
24    sportsmen's combination license which shall entitle the
25    holder to the same non-commercial fishing privileges as
26    residents holding a license as described in paragraph (a)

 

 

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1    of this Section and to the same hunting privileges as
2    residents holding a license to hunt all species as
3    described in Section 3.1 of the Wildlife Code. No lifetime
4    sportsmen's combination license shall be issued to or
5    retained by any individual who would be ineligible for
6    either the fishing or hunting license separately, either
7    upon issuance, or in any year a violation would subject an
8    individual to have either or both fishing or hunting
9    privileges rescinded. The lifetime hunting and fishing
10    license fees shall be as follows:
11            (1) Lifetime fishing: 30 x the current fishing
12        license fee.
13            (2) Lifetime hunting: 30 x the current hunting
14        license fee.
15            (3) Lifetime sportsmen's combination license: 30 x
16        the current sportsmen's combination license fee.
17    Lifetime licenses shall not be refundable. A $10 fee shall
18be charged for reissuing any lifetime license. The Department
19may establish rules and regulations for the issuance and use
20of lifetime licenses and may suspend or revoke any lifetime
21license issued under this Section for violations of those
22rules or regulations or other provisions under this Code or
23the Wildlife Code, or a violation of the United States Code
24that involves the taking, possessing, killing, harvesting,
25transportation, selling, exporting, or importing any fish or
26aquatic life protected by this Code or the taking, possessing,

 

 

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1killing, harvesting, transportation, selling, exporting, or
2importing any fauna protected by the Wildlife Code when any
3part of the United States Code violation occurred in Illinois.
4Individuals under 16 years of age who possess a lifetime
5hunting or sportsmen's combination license shall have in their
6possession, while in the field, a certificate of competency as
7required under Section 3.2 of the Wildlife Code. Any lifetime
8license issued under this Section shall not exempt individuals
9from obtaining additional stamps or permits required under the
10provisions of this Code or the Wildlife Code. Individuals
11required to purchase additional stamps shall sign the stamps
12and have them in their possession while fishing or hunting
13with a lifetime license. All fees received from the issuance
14of lifetime licenses shall be deposited in the Fish and
15Wildlife Endowment Fund.
16    Except for licenses issued under subsection (e) of this
17Section, all licenses provided for in this Section shall
18expire on March 31 of each year, except that the license
19provided for in subsection (d) of this Section shall expire 24
20hours after the effective date and time listed on the face of
21the license. Licenses issued under subsection (a-3) or (c-5)
22shall expire on March 31 of the 2nd year after the year in
23which the license is issued.
24    The Department shall by administrative rule provide for
25the automatic renewal of a fishing license upon the request of
26the applicant.

 

 

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1    All individuals required to have and failing to have the
2license provided for in subsection (a), (a-3), or (d) of this
3Section shall be fined according to the provisions of Section
420-35 of this Code.
5    All individuals required to have and failing to have the
6licenses provided for in subsections (b) and (e) of this
7Section shall be guilty of a Class B misdemeanor.
8    (g) For the purposes of this Section, "acceptable
9verification" means official documentation from the Department
10of Defense or the appropriate Major Command showing
11mobilization dates or service abroad dates, including: (i) a
12DD-214, (ii) a letter from the Illinois Department of Military
13Affairs for members of the Illinois National Guard, (iii) a
14letter from the Regional Reserve Command for members of the
15Armed Forces Reserve, (iv) a letter from the Major Command
16covering Illinois for active duty members, (v) personnel
17records for mobilized State employees, and (vi) any other
18documentation that the Department, by administrative rule,
19deems acceptable to establish dates of mobilization or service
20abroad.
21    For the purposes of this Section, the term "service
22abroad" means active duty service outside of the 50 United
23States and the District of Columbia, and includes all active
24duty service in territories and possessions of the United
25States.
26(Source: P.A. 102-780, eff. 5-13-22; 102-837, eff. 5-13-22;

 

 

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1103-154, eff. 6-30-23; 103-456, eff. 1-1-24.)
 
2    Section 10. The Wildlife Code is amended by changing
3Section 3.2 as follows:
 
4    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
5    Sec. 3.2. Hunting license; application; instruction.
6Before the Department or any county, city, village, township,
7incorporated town clerk or his duly designated agent or any
8other person authorized or designated by the Department to
9issue hunting licenses shall issue a hunting license to any
10person, the person shall file his application with the
11Department or other party authorized to issue licenses on a
12form provided by the Department and further give definite
13proof of identity and place of legal residence. Each clerk
14designating agents to issue licenses and stamps shall furnish
15the Department, within 10 days following the appointment, the
16names and mailing addresses of the agents. Each clerk or his
17duly designated agent shall be authorized to sell licenses and
18stamps only within the territorial area for which he was
19elected or appointed. No duly designated agent is authorized
20to furnish licenses or stamps for issuance by any other
21business establishment. Each application shall be executed and
22sworn to and shall set forth the name and description of the
23applicant and place of residence.
24    No hunting license shall be issued to any person born on or

 

 

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1after January 1, 1980 unless he presents the person authorized
2to issue the license evidence that he has held a hunting
3license issued by the State of Illinois or another state in a
4prior year, or a certificate of competency as provided in this
5Section. Persons under 18 years of age may be issued a Lifetime
6Hunting or Sportsmen's Combination License as provided under
7Section 20-45 of the Fish and Aquatic Life Code but shall not
8be entitled to hunt alone, without the supervision of an adult
9age 21 or older, unless they have a certificate of competency
10as provided in this Section and the certificate is in their
11possession 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
21has as 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
17as an active duty member of the United States Armed Forces, the
18Illinois National Guard, or the Reserves of the United States
19Armed Forces, the fee is one-half of the fee charged for a
20hunting license to hunt all species for a resident of
21Illinois. Veterans must provide to the Department acceptable
22verification of their service. The Department shall establish
23by administrative rule the procedure by which such
24verification of service shall be made to the Department for
25the purpose of issuing resident veterans hunting licenses at a
26reduced fee. There is no fee for an annual or 3-year hunting

 

 

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1license for resident Gold Star Family members. A Gold Star
2Family member includes an immediate relative of a United
3States Armed Forces member who died in battle or in support of
4certain military activities, including a parent, child,
5brother, sister, or other loved one. Gold Star Family members
6must provide verification to the Department at one of the
7Department's 5 regional offices. The Department shall, by
8rule, establish who qualifies for Gold Star Family member
9status and what constitutes suitable verification. The fee for
10a hunting license to hunt all species shall be $1 for residents
11over 75 years of age. Nonresidents shall be charged $57 for a
12hunting license.
13    Residents of this State may obtain a 3-year hunting
14license to hunt all species as described in Section 3.1 for 3
15times the annual fee. For residents age 65 or older and
16resident veterans of the United States Armed Forces after
17returning from service abroad or mobilization by the President
18of the United States, the fee is one-half of the fee charged
19for a 3-year hunting license to hunt all species as described
20in Section 3.1 for a resident of this State. Veterans must
21provide to the Department, per administrative rule,
22verification of their service. The Department shall establish
23what constitutes suitable verification of service for the
24purpose of issuing resident veterans 3-year hunting licenses
25at a reduced fee.
26    Nonresidents may be issued a nonresident hunting license

 

 

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1for a period not to exceed 10 consecutive days' hunting in the
2State and shall be charged a fee of $35.
3    A special nonresident hunting license authorizing a
4nonresident to take game birds by hunting on a game breeding
5and hunting preserve area only, established under Section
63.27, shall be issued upon proper application being made and
7payment of a fee equal to that for a resident hunting license.
8The expiration date of this license shall be on the same date
9each year that game breeding and hunting preserve area
10licenses expire.
11    Each applicant for a State Migratory Waterfowl Stamp,
12regardless of his residence or other condition, shall pay a
13fee of $15 and shall receive a stamp. The fee for a State
14Migratory Waterfowl Stamp shall be waived for residents over
1575 years of age. Except as provided under Section 20-45 of the
16Fish and Aquatic Life Code, the stamp shall be signed by the
17person or affixed to his license or permit in a space
18designated by the Department for that purpose.
19    Each applicant for a State Habitat Stamp, regardless of
20his residence or other condition, shall pay a fee of $5 and
21shall receive a stamp. The fee for a State Habitat Stamp shall
22be waived for residents over 75 years of age. Except as
23provided under Section 20-45 of the Fish and Aquatic Life
24Code, the stamp shall be signed by the person or affixed to his
25license or permit in a space designated by the Department for
26that purpose.

 

 

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1    Nothing in this Section shall be construed as to require
2the purchase of more than one State Habitat Stamp by any person
3in any one license year.
4    The fees for State Pheasant Stamps and State Furbearer
5Stamps shall be waived for residents over 75 years of age.
6    The Department shall furnish the holders of hunting
7licenses and stamps with an insignia as evidence of possession
8of license, or license and stamp, as the Department may
9consider advisable. The insignia shall be exhibited and used
10as the Department may order.
11    All other hunting licenses and all State stamps shall
12expire upon March 31 of each year. Three-year hunting licenses
13shall expire on March 31 of the 2nd year after the year in
14which the license is issued.
15    Every person holding any license, permit, or stamp issued
16under the provisions of this Act shall have it in his
17possession for immediate presentation for inspection to the
18officers and authorized employees of the Department, any
19sheriff, deputy sheriff, or any other peace officer making a
20demand for it. This provision shall not apply to Department
21owned or managed sites where it is required that all hunters
22deposit their license, permit, or Firearm Owner's
23Identification Card at the check station upon entering the
24hunting areas.
25    For the purposes of this Section, "acceptable
26verification" means official documentation from the Department

 

 

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1of Defense or the appropriate Major Command showing
2mobilization dates or service abroad dates, including: (i) a
3DD-214, (ii) a letter from the Illinois Department of Military
4Affairs for members of the Illinois National Guard, (iii) a
5letter from the Regional Reserve Command for members of the
6Armed Forces Reserve, (iv) a letter from the Major Command
7covering Illinois for active duty members, (v) personnel
8records for mobilized State employees, and (vi) any other
9documentation that the Department, by administrative rule,
10deems acceptable to establish dates of mobilization or service
11abroad.
12    For the purposes of this Section, the term "service
13abroad" means active duty service outside of the 50 United
14States and the District of Columbia, and includes all active
15duty service in territories and possessions of the United
16States.
17(Source: P.A. 102-780, eff. 5-13-22; 103-456, eff. 1-1-24.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.