Sen. Gary Forby

Filed: 4/2/2008

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 2906

2     AMENDMENT NO. ______. Amend Senate Bill 2906, AS AMENDED,
3 by replacing everything after the enacting clause with the
4 following:
 
5     "Section 5. The Fish and Aquatic Life Code is amended by
6 changing Section 20-45 as follows:
 
7     (515 ILCS 5/20-45)  (from Ch. 56, par. 20-45)
8     Sec. 20-45. License fees for residents. Fees for licenses
9 for residents of the State of Illinois shall be as follows:
10         (a) Except as otherwise provided in this Section, for
11     sport fishing devices as defined in Section 10-95 or
12     spearing devices as defined in Section 10-110 the fee is
13     $12.50 for individuals 16 to 64 years old, and one-half of
14     the current fishing license fee for individuals age 65 or
15     older, commencing with the 1994 license year.
16         (b) All residents before using any commercial fishing

 

 

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1     device shall obtain a commercial fishing license, the fee
2     for which shall be $35. Each and every commercial device
3     used shall be licensed by a resident commercial fisherman
4     as follows:
5             (1) For each 100 lineal yards, or fraction thereof,
6         of seine the fee is $18. For each minnow seine, minnow
7         trap, or net for commercial purposes the fee is $20.
8             (2) For each device to fish with a 100 hook trot
9         line device, basket trap, hoop net, or dip net the fee
10         is $3.
11             (3) When used in the waters of Lake Michigan, for
12         the first 2000 lineal feet, or fraction thereof, of
13         gill net the fee is $10; and for each 1000 additional
14         lineal feet, or fraction thereof, the fee is $10. These
15         fees shall apply to all gill nets in use in the water
16         or on drying reels on the shore.
17             (4) For each 100 lineal yards, or fraction thereof,
18         of gill net or trammel net the fee is $18.
19         (c) Residents of the State of Illinois may obtain a
20     sportsmen's combination license that shall entitle the
21     holder to the same non-commercial fishing privileges as
22     residents holding a license as described in subsection (a)
23     of this Section and to the same hunting privileges as
24     residents holding a license to hunt all species as
25     described in Section 3.1 of the Wildlife Code. No
26     sportsmen's combination license shall be issued to any

 

 

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1     individual who would be ineligible for either the fishing
2     or hunting license separately. The sportsmen's combination
3     license fee shall be $18.50. For residents age 65 or older,
4     the fee is one-half of the fee charged for a sportsmen's
5     combination license.
6         (d) For 24 hours of fishing by sport fishing devices as
7     defined in Section 10-95 or by spearing devices as defined
8     in Section 10-110 the fee is $5. This license exempts the
9     licensee from the requirement for a salmon or inland trout
10     stamp. The licenses provided for by this subsection are not
11     required for residents of the State of Illinois who have
12     obtained the license provided for in subsection (a) of this
13     Section.
14         (e) All residents before using any commercial mussel
15     device shall obtain a commercial mussel license, the fee
16     for which shall be $50.
17         (f) Residents of this State, upon establishing
18     residency as required by the Department, may obtain a
19     lifetime hunting or fishing license or lifetime
20     sportsmen's combination license which shall entitle the
21     holder to the same non-commercial fishing privileges as
22     residents holding a license as described in paragraph (a)
23     of this Section and to the same hunting privileges as
24     residents holding a license to hunt all species as
25     described in Section 3.1 of the Wildlife Code. No lifetime
26     sportsmen's combination license shall be issued to or

 

 

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1     retained by any individual who would be ineligible for
2     either the fishing or hunting license separately, either
3     upon issuance, or in any year a violation would subject an
4     individual to have either or both fishing or hunting
5     privileges rescinded. The lifetime hunting and fishing
6     license fees shall be as follows:
7             (1) Lifetime fishing: 30 x the current fishing
8         license fee.
9             (2) Lifetime hunting: 30 x the current hunting
10         license fee.
11             (3) Lifetime sportsmen's combination license: 30 x
12         the current sportsmen's combination license fee.
13     Lifetime licenses shall not be refundable. A $10 fee shall
14 be charged for reissuing any lifetime license. The Department
15 may establish rules and regulations for the issuance and use of
16 lifetime licenses and may suspend or revoke any lifetime
17 license issued under this Section for violations of those rules
18 or regulations or other provisions under this Code or the
19 Wildlife Code. Individuals under 16 years of age who possess a
20 lifetime hunting or sportsmen's combination license shall have
21 in their possession, while in the field, a certificate of
22 competency as required under Section 3.2 of the Wildlife Code.
23 Any lifetime license issued under this Section shall not exempt
24 individuals from obtaining additional stamps or permits
25 required under the provisions of this Code or the Wildlife
26 Code. Individuals required to purchase additional stamps shall

 

 

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1 sign the stamps and have them in their possession while fishing
2 or hunting with a lifetime license. All fees received from the
3 issuance of lifetime licenses shall be deposited in the Fish
4 and Wildlife Endowment Fund.
5     Except for licenses issued under subsection (e) of this
6 Section, all licenses provided for in this Section shall expire
7 on March 31 of each year, except that the license provided for
8 in subsection (d) of this Section shall expire 24 hours after
9 the effective date and time listed on the face of the license.
10     Any person on active duty with the Armed Forces of the
11 United States who (i) is now and was at the time of entering
12 the Armed Forces a resident of Illinois, (ii) entered the Armed
13 Forces from this State, and (iii) is presently on leave from
14 the Armed Forces may fish as permitted by this Code without
15 procuring a license, but only during such period of time and
16 only with sport fishing devices as are permitted by this Code.
17     All individuals required to have and failing to have the
18 license provided for in subsection (a) or (d) of this Section
19 shall be fined according to the provisions of Section 20-35 of
20 this Code.
21     All individuals required to have and failing to have the
22 licenses provided for in subsections (b) and (e) of this
23 Section shall be guilty of a Class B misdemeanor.
24 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743,
25 eff. 1-1-99.)
 

 

 

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1     Section 10. The Wildlife Code is amended by changing
2 Section 3.1 as follows:
 
3     (520 ILCS 5/3.1)  (from Ch. 61, par. 3.1)
4     Sec. 3.1. License and stamps required.
5     (a) Before any person shall take or attempt to take any of
6 the species protected by Section 2.2 for which an open season
7 is established under this Act, he shall first have procured and
8 possess a valid hunting license, except as provided in Section
9 3.1-5 of this Code.
10     Before any person 16 years of age or older shall take or
11 attempt to take any bird of the species defined as migratory
12 waterfowl by Section 2.2, including coots, he shall first have
13 procured a State Migratory Waterfowl Stamp.
14     Before any person 16 years of age or older takes, attempts
15 to take, or pursues any species of wildlife protected by this
16 Code, except migratory waterfowl, coots, and hand-reared birds
17 on licensed game breeding and hunting preserve areas and state
18 controlled pheasant hunting areas, he or she shall first obtain
19 a State Habitat Stamp. Disabled veterans and former prisoners
20 of war shall not be required to obtain State Habitat Stamps.
21 Any person who obtained a lifetime license before January 1,
22 1993, shall not be required to obtain State Habitat Stamps.
23 Income from the sale of State Furbearer Stamps and State
24 Pheasant Stamps received after the effective date of this
25 amendatory Act of 1992 shall be deposited into the State

 

 

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1 Furbearer Fund and State Pheasant Fund, respectively.
2     Before any person 16 years of age or older shall take,
3 attempt to take, or sell the green hide of any mammal of the
4 species defined as fur-bearing mammals by Section 2.2 for which
5 an open season is established under this Act, he shall first
6 have procured a State Habitat Stamp.
7     (b) Before any person who is a non-resident of the State of
8 Illinois shall take or attempt to take any of the species
9 protected by Section 2.2 for which an open season is
10 established under this Act, he shall, unless specifically
11 exempted by law, first procure a non-resident license as
12 provided by this Act for the taking of any wild game.
13     Before a nonresident shall take or attempt to take
14 white-tailed deer, he shall first have procured a Deer Hunting
15 Permit as defined in Section 2.26 of this Code.
16     Before a nonresident shall take or attempt to take wild
17 turkeys, he shall have procured a Wild Turkey Hunting Permit as
18 defined in Section 2.11 of this Code.
19     (c) The owners residing on, or bona fide tenants of, farm
20 lands and their children, parents, brothers, and sisters
21 actually permanently residing on their lands shall have the
22 right to hunt any of the species protected by Section 2.2 upon
23 their lands and waters without procuring hunting licenses; but
24 the hunting shall be done only during periods of time and with
25 devices and by methods as are permitted by this Act. Any person
26 on active duty with the Armed Forces of the United States who

 

 

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1 is now and who was at the time of entering the Armed Forces a
2 resident of Illinois and who entered the Armed Forces from this
3 State, and who is presently on ordinary leave from the Armed
4 Forces, and any resident of Illinois who is disabled may hunt
5 any of the species protected by Section 2.2 without procuring a
6 hunting license, but the hunting shall be done only during such
7 periods of time and with devices and by methods as are
8 permitted by this Act. For the purpose of this Section a person
9 is disabled when that person has a Type 1 or Type 4, Class 2
10 disability as defined in Section 4A of the Illinois
11 Identification Card Act. For purposes of this Section, an
12 Illinois Disabled Person Identification Card issued pursuant
13 to the Illinois Identification Card Act indicating that the
14 person named has a Type 1 or Type 4, Class 2 disability shall
15 be adequate documentation of the disability.
16     (d) A courtesy non-resident license, permit, or stamp for
17 taking game may be issued at the discretion of the Director,
18 without fee, to any person officially employed in the game and
19 fish or conservation department of another state or of the
20 United States who is within the State to assist or consult or
21 cooperate with the Director; or to the officials of other
22 states, the United States, foreign countries, or officers or
23 representatives of conservation organizations or publications
24 while in the State as guests of the Governor or Director. The
25 Director may provide to nonresident participants and official
26 gunners at field trials an exemption from licensure while

 

 

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1 participating in a field trial.
2     (e) State Migratory Waterfowl Stamps shall be required for
3 those persons qualifying under subsections (c) and (d) who
4 intend to hunt migratory waterfowl, including coots, to the
5 extent that hunting licenses of the various types are
6 authorized and required by this Section for those persons.
7     (f) Registration in the U.S. Fish and Wildlife Migratory
8 Bird Harvest Information Program shall be required for those
9 persons who are required to have a hunting license before
10 taking or attempting to take any bird of the species defined as
11 migratory game birds by Section 2.2, except that this
12 subsection shall not apply to crows in this State or
13 hand-reared birds on licensed game breeding and hunting
14 preserve areas, for which an open season is established by this
15 Act. Persons registering with the Program must carry proof of
16 registration with them while migratory bird hunting.
17     The Department shall publish suitable prescribed
18 regulations pertaining to registration by the migratory bird
19 hunter in the U.S. Fish and Wildlife Service Migratory Bird
20 Harvest Information Program.
21 (Source: P.A. 94-1024, eff. 7-14-06.)".