093_SB0573sam001
LRB093 08086 BDD 14399 a
1 AMENDMENT TO SENATE BILL 573
2 AMENDMENT NO. . Amend Senate Bill 573 by replacing
3 the title with the following:
4 "AN ACT concerning military service."; and
5 by replacing everything after the enacting clause with the
6 following:
7 "Section 1. Short title. This Act may be cited as the
8 Military Personnel License Renewal Act.
9 Section 5. Definitions. In this Act:
10 "License" means (i) a license, certification, or
11 registration issued by the Department of Professional
12 Regulation, (ii) a driver's license issued by the Secretary
13 of State, or (iii) any license issued by a State agency other
14 than the Department of Professional Regulation or the
15 Secretary of State.
16 "Person on active military duty" means (i) a member of
17 the armed forces of the United States, (ii) a member of a
18 reserve component of the armed forces of the United States
19 who has been called to active duty, or (iii) a member of the
20 Illinois National Guard who has been called to federal active
21 duty under Title 10 of the United States Code.
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1 "State agency" means (i) any department of the executive
2 branch of State government listed in Section 5-15 of the
3 Departments of State Government Law of the Civil
4 Administrative Code of Illinois or (ii) the Secretary of
5 State.
6 Section 10. Automatic license renewal.
7 (a) If a person on active military duty holds a valid
8 license issued by a State agency, and if that license expires
9 during the period of the person's active military duty, the
10 State agency issuing the license shall automatically renew
11 the license for a period of 2 years. The agency shall not
12 charge any fee for renewal of the license.
13 (b) A State agency shall not renew a license under
14 subsection (a) unless the license holder notifies the agency
15 that he or she is a person on active military duty as
16 required under Section 15.
17 Section 15. Notice to State agency.
18 (a) A person holding a valid license issued by a State
19 agency must notify that agency upon becoming a person on
20 active military duty.
21 (b) Within 6 months after termination of a person's
22 status as a person on active military duty, the person must
23 give notice of that change in status to each State agency
24 that has renewed a license held by that person under this
25 Act.
26 Section 90. The Fish and Aquatic Life Code is amended by
27 changing Section 20-45 as follows:
28 (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
29 Sec. 20-45. License fees for residents. Fees for
30 licenses for residents of the State of Illinois shall be as
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1 follows:
2 (a) Except as otherwise provided in this Section,
3 for sport fishing devices as defined in Section 10-95 or
4 spearing devices as defined in Section 10-110 the fee is
5 $12.50 for individuals 16 to 64 years old, and one-half
6 of the current fishing license fee for individuals age 65
7 or older, commencing with the 1994 license year.
8 Notwithstanding any other provision of this paragraph
9 (a), a person on active military duty, as defined in
10 Section 5 of the Military Personnel License Renewal Act,
11 shall, upon request, be issued a license under this
12 paragraph (a) at no charge for each of the 5 years after
13 termination of the person's term of active duty.
14 (b) All residents before using any commercial
15 fishing device shall obtain a commercial fishing license,
16 the fee for which shall be $35. Each and every commercial
17 device used shall be licensed by a resident commercial
18 fisherman as follows:
19 (1) For each 100 lineal yards, or fraction
20 thereof, of seine the fee is $18. For each minnow
21 seine, minnow trap, or net for commercial purposes
22 the fee is $20.
23 (2) For each device to fish with a 100 hook
24 trot line device, basket trap, hoop net, or dip net
25 the fee is $3.
26 (3) When used in the waters of Lake Michigan,
27 for the first 2000 lineal feet, or fraction thereof,
28 of gill net the fee is $10; and for each 1000
29 additional lineal feet, or fraction thereof, the fee
30 is $10. These fees shall apply to all gill nets in
31 use in the water or on drying reels on the shore.
32 (4) For each 100 lineal yards, or fraction
33 thereof, of gill net or trammel net the fee is $18.
34 (c) Residents of the State of Illinois may obtain a
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1 sportsmen's combination license that shall entitle the
2 holder to the same non-commercial fishing privileges as
3 residents holding a license as described in subsection
4 (a) of this Section and to the same hunting privileges as
5 residents holding a license to hunt all species as
6 described in Section 3.1 of the Wildlife Code. No
7 sportsmen's combination license shall be issued to any
8 individual who would be ineligible for either the fishing
9 or hunting license separately. The sportsmen's
10 combination license fee shall be $18.50. For residents
11 age 65 or older, the fee is one-half of the fee charged
12 for a sportsmen's combination license.
13 (d) For 24 hours of fishing by sport fishing
14 devices as defined in Section 10-95 or by spearing
15 devices as defined in Section 10-110 the fee is $5. This
16 license exempts the licensee from the requirement for a
17 salmon or inland trout stamp. The licenses provided for
18 by this subsection are not required for residents of the
19 State of Illinois who have obtained the license provided
20 for in subsection (a) of this Section.
21 (e) All residents before using any commercial
22 mussel device shall obtain a commercial mussel license,
23 the fee for which shall be $50.
24 (f) Residents of this State, upon establishing
25 residency as required by the Department, may obtain a
26 lifetime hunting or fishing license or lifetime
27 sportsmen's combination license which shall entitle the
28 holder to the same non-commercial fishing privileges as
29 residents holding a license as described in paragraph (a)
30 of this Section and to the same hunting privileges as
31 residents holding a license to hunt all species as
32 described in Section 3.1 of the Wildlife Code. No
33 lifetime sportsmen's combination license shall be issued
34 to or retained by any individual who would be ineligible
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1 for either the fishing or hunting license separately,
2 either upon issuance, or in any year a violation would
3 subject an individual to have either or both fishing or
4 hunting privileges rescinded. The lifetime hunting and
5 fishing license fees shall be as follows:
6 (1) Lifetime fishing: 30 x the current
7 fishing license fee.
8 (2) Lifetime hunting: 30 x the current
9 hunting license fee.
10 (3) Lifetime sportsmen's combination license:
11 30 x the current sportsmen's combination license
12 fee.
13 Lifetime licenses shall not be refundable. A $10 fee
14 shall be charged for reissuing any lifetime license. The
15 Department may establish rules and regulations for the
16 issuance and use of lifetime licenses and may suspend or
17 revoke any lifetime license issued under this Section for
18 violations of those rules or regulations or other provisions
19 under this Code or the Wildlife Code. Individuals under 16
20 years of age who possess a lifetime hunting or sportsmen's
21 combination license shall have in their possession, while in
22 the field, a certificate of competency as required under
23 Section 3.2 of the Wildlife Code. Any lifetime license
24 issued under this Section shall not exempt individuals from
25 obtaining additional stamps or permits required under the
26 provisions of this Code or the Wildlife Code. Individuals
27 required to purchase additional stamps shall sign the stamps
28 and have them in their possession while fishing or hunting
29 with a lifetime license. All fees received from the issuance
30 of lifetime licenses shall be deposited in the Fish and
31 Wildlife Endowment Fund.
32 Except for licenses issued under subsection (e) of this
33 Section, all licenses provided for in this Section shall
34 expire on March 31 of each year, except that the license
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1 provided for in subsection (d) of this Section shall expire
2 24 hours after the effective date and time listed on the face
3 of the license.
4 All individuals required to have and failing to have the
5 license provided for in subsection (a) or (d) of this Section
6 shall be fined according to the provisions of Section 20-35
7 of this Code.
8 All individuals required to have and failing to have the
9 licenses provided for in subsections (b) and (e) of this
10 Section shall be guilty of a Class B misdemeanor.
11 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97;
12 90-743, eff. 1-1-99.)
13 Section 95. The Wildlife Code is amended by changing
14 Section 3.2 as follows:
15 (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
16 Sec. 3.2. Hunting license; application; instruction.
17 Before the Department or any county, city, village, township,
18 incorporated town clerk or his duly designated agent or any
19 other person authorized or designated by the Department to
20 issue hunting licenses shall issue a hunting license to any
21 person, the person shall file his application with the
22 Department or other party authorized to issue licenses on a
23 form provided by the Department and further give definite
24 proof of identity and place of legal residence. Each clerk
25 designating agents to issue licenses and stamps shall furnish
26 the Department, within 10 days following the appointment, the
27 names and mailing addresses of the agents. Each clerk or his
28 duly designated agent shall be authorized to sell licenses
29 and stamps only within the territorial area for which he was
30 elected or appointed. No duly designated agent is authorized
31 to furnish licenses or stamps for issuance by any other
32 business establishment. Each application shall be executed
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1 and sworn to and shall set forth the name and description of
2 the applicant and place of residence.
3 No hunting license shall be issued to any person born on
4 or after January 1, 1980 unless he presents the person
5 authorized to issue the license evidence that he has held a
6 hunting license issued by the State of Illinois or another
7 state in a prior year, or a certificate of competency as
8 provided in this Section. Persons under 16 years of age may
9 be issued a Lifetime Hunting or Sportsmen's Combination
10 License as provided under Section 20-45 of the Fish and
11 Aquatic Life Code but shall not be entitled to hunt unless
12 they have a certificate of competency as provided in this
13 Section and they shall have the certificate in their
14 possession while hunting.
15 The Department of Natural Resources shall authorize
16 personnel of the Department or certified volunteer
17 instructors to conduct courses, of not less than 10 hours in
18 length, in firearms and hunter safety, which may include
19 training in bow and arrow safety, at regularly specified
20 intervals throughout the State. Persons successfully
21 completing the course shall receive a certificate of
22 competency. The Department of Natural Resources may further
23 cooperate with any reputable association or organization in
24 establishing courses if the organization has as one of its
25 objectives the promotion of safety in the handling of
26 firearms or bow and arrow.
27 The Department of Natural Resources shall designate any
28 person found by it to be competent to give instruction in
29 the handling of firearms, hunter safety, and bow and arrow.
30 The persons so appointed shall give the course of instruction
31 and upon the successful completion shall issue to the person
32 instructed a certificate of competency in the safe handling
33 of firearms, hunter safety, and bow and arrow. No charge
34 shall be made for any course of instruction except for
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1 materials or ammunition consumed. The Department of Natural
2 Resources shall furnish information on the requirements of
3 hunter safety education programs to be distributed free of
4 charge to applicants for hunting licenses by the persons
5 appointed and authorized to issue licenses. Funds for the
6 conducting of firearms and hunter safety courses shall be
7 taken from the fee charged for the Firearm Owners
8 Identification Card.
9 The fee for a hunting license to hunt all species for a
10 resident of Illinois is $7. For residents age 65 or older,
11 the fee is one-half of the fee charged for a hunting license
12 to hunt all species for a resident of Illinois. Nonresidents
13 shall be charged $50 for a hunting license.
14 Nonresidents may be issued a nonresident hunting license
15 for a period not to exceed 10 consecutive days' hunting in
16 the State and shall be charged a fee of $28.
17 A special nonresident hunting license authorizing a
18 nonresident to take game birds by hunting on a game breeding
19 and hunting preserve area only, established under Section
20 3.27, shall be issued upon proper application being made and
21 payment of a fee equal to that for a resident hunting
22 license. The expiration date of this license shall be March
23 31 of each year.
24 Each applicant for a State Migratory Waterfowl Stamp,
25 regardless of his residence or other condition, shall pay a
26 fee of $10 and shall receive a stamp. Except as provided
27 under Section 20-45 of the Fish and Aquatic Life Code, the
28 stamp shall be signed by the person or affixed to his license
29 or permit in a space designated by the Department for that
30 purpose.
31 Each applicant for a State Habitat Stamp, regardless of
32 his residence or other condition, shall pay a fee of $5 and
33 shall receive a stamp. Except as provided under Section 20-45
34 of the Fish and Aquatic Life Code, the stamp shall be signed
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1 by the person or affixed to his license or permit in a space
2 designated by the Department for that purpose.
3 Nothing in this Section shall be construed as to require
4 the purchase of more than one State Habitat Stamp by any
5 person in any one license year.
6 Notwithstanding any other provision of this Section, a
7 person on active military duty, as defined in Section 5 of
8 the Military Personnel License Renewal Act, shall, upon
9 request, be issued a license under this Section at no charge
10 for each of the 5 years after termination of the person's
11 term of active duty.
12 The Department shall furnish the holders of hunting
13 licenses and stamps with an insignia as evidence of
14 possession of license, or license and stamp, as the
15 Department may consider advisable. The insignia shall be
16 exhibited and used as the Department may order.
17 All other hunting licenses and all State stamps shall
18 expire upon March 31 of each year.
19 Every person holding any license, permit, or stamp issued
20 under the provisions of this Act shall have it in his
21 possession for immediate presentation for inspection to the
22 officers and authorized employees of the Department, any
23 sheriff, deputy sheriff, or any other peace officer making a
24 demand for it. This provision shall not apply to Department
25 owned or managed sites where it is required that all hunters
26 deposit their license, permit, or Firearm Owner's
27 Identification Card at the check station upon entering the
28 hunting areas.
29 (Source: P.A. 89-75, eff. 1-1-96; 89-338, eff. 1-1-96;
30 89-445, eff. 2-7-96; 89-626, eff. 8-9-96; 90-225, eff.
31 7-25-97.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.".