Illinois General Assembly - Full Text of HB0635
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Full Text of HB0635  100th General Assembly

HB0635 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0635

 

Introduced , by Rep. John M. Cabello

 

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. Provides that the fee for all sport fishing licenses shall be waived for resident veterans of the United States Armed Forces that have been honorably discharged. Amends the Wildlife Code. Provides that the fee for a hunting license to hunt all species shall be waived for resident veterans of the United States Armed Forces that have been honorably discharged. 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,
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 and , one-half of
13    the 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 resident veterans of the United States Armed
2    Forces that have been honorably discharged. Veterans must
3    provide, to the Department at one of the Department's 5
4    regional offices, verification of their service and
5    honorable discharge. The Department shall establish what
6    constitutes suitable verification of service and honorable
7    discharge for the purpose of issuing fishing licenses to
8    resident veterans without a fee.
9        (a-7) (a-5) The fee for all sport fishing licenses
10    shall be $1 for residents over 75 years of age.
11        (b) All residents before using any commercial fishing
12    device shall obtain a commercial fishing license, the fee
13    for which shall be $60 and a resident fishing license, the
14    fee for which is $14.50. Each and every commercial device
15    used shall be licensed by a resident commercial fisherman
16    as follows:
17            (1) For each 100 lineal yards, or fraction thereof,
18        of seine the fee is $18. For each minnow seine, minnow
19        trap, or net for commercial purposes the fee is $20.
20            (2) For each device to fish with a 100 hook trot
21        line device, basket trap, hoop net, or dip net the fee
22        is $3.
23            (3) When used in the waters of Lake Michigan, for
24        the first 2000 lineal feet, or fraction thereof, of
25        gill net the fee is $10; and for each 1000 additional
26        lineal feet, or fraction thereof, the fee is $10. These

 

 

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1        fees shall apply to all gill nets in use in the water
2        or on drying reels on the shore.
3            (4) For each 100 lineal yards, or fraction thereof,
4        of gill net or trammel net the fee is $18.
5        (c) Residents of the State of Illinois may obtain a
6    sportsmen's combination license that shall entitle the
7    holder to the same non-commercial fishing privileges as
8    residents holding a license as described in subsection (a)
9    of this Section and to the same hunting privileges as
10    residents holding a license to hunt all species as
11    described in Section 3.1 of the Wildlife Code. No
12    sportsmen's combination license shall be issued to any
13    individual who would be ineligible for either the fishing
14    or hunting license separately. The sportsmen's combination
15    license fee shall be $25.50. For residents age 65 or older,
16    the fee is one-half of the fee charged for a sportsmen's
17    combination license. For resident veterans of the United
18    States Armed Forces after returning from service abroad or
19    mobilization by the President of the United States, the
20    fee, commencing with the 2012 license year, is one-half of
21    the fee charged for a sportsmen's combination license.
22    Veterans must provide to the Department, at one of the
23    Department's 5 regional offices, verification of their
24    service. The Department shall establish what constitutes
25    suitable verification of service for the purpose of issuing
26    sportsmen's combination licenses to resident veterans at a

 

 

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

 

 

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

 

 

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1    Except for licenses issued under subsection (e) of this
2Section, all licenses provided for in this Section shall expire
3on March 31 of each year, except that the license provided for
4in subsection (d) of this Section shall expire 24 hours after
5the effective date and time listed on the face of the license.
6    All individuals required to have and failing to have the
7license provided for in subsection (a) or (d) of this Section
8shall be fined according to the provisions of Section 20-35 of
9this Code.
10    All individuals required to have and failing to have the
11licenses provided for in subsections (b) and (e) of this
12Section shall be guilty of a Class B misdemeanor.
13(Source: P.A. 97-498, eff. 4-1-12; 97-1136, eff. 1-1-13;
1498-800, eff. 8-1-14.)
 
15    Section 10. The Wildlife Code is amended by changing
16Section 3.2 as follows:
 
17    (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
18    Sec. 3.2. Hunting license; application; instruction.
19Before the Department or any county, city, village, township,
20incorporated town clerk or his duly designated agent or any
21other person authorized or designated by the Department to
22issue hunting licenses shall issue a hunting license to any
23person, the person shall file his application with the
24Department or other party authorized to issue licenses on a

 

 

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1form provided by the Department and further give definite proof
2of identity and place of legal residence. Each clerk
3designating agents to issue licenses and stamps shall furnish
4the Department, within 10 days following the appointment, the
5names and mailing addresses of the agents. Each clerk or his
6duly designated agent shall be authorized to sell licenses and
7stamps only within the territorial area for which he was
8elected or appointed. No duly designated agent is authorized to
9furnish licenses or stamps for issuance by any other business
10establishment. Each application shall be executed and sworn to
11and shall set forth the name and description of the applicant
12and place of residence.
13    No hunting license shall be issued to any person born on or
14after January 1, 1980 unless he presents the person authorized
15to issue the license evidence that he has held a hunting
16license issued by the State of Illinois or another state in a
17prior year, or a certificate of competency as provided in this
18Section. Persons under 16 years of age may be issued a Lifetime
19Hunting or Sportsmen's Combination License as provided under
20Section 20-45 of the Fish and Aquatic Life Code but shall not
21be entitled to hunt unless they have a certificate of
22competency as provided in this Section and they shall have the
23certificate in their possession while hunting.
24    The Department of Natural Resources shall authorize
25personnel of the Department or certified volunteer instructors
26to conduct courses, of not less than 10 hours in length, in

 

 

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1firearms and hunter safety, which may include training in bow
2and arrow safety, at regularly specified intervals throughout
3the State. Persons successfully completing the course shall
4receive a certificate of competency. The Department of Natural
5Resources may further cooperate with any reputable association
6or organization in establishing courses if the organization has
7as one of its objectives the promotion of safety in the
8handling of firearms or bow and arrow.
9    The Department of Natural Resources shall designate any
10person found by it to be competent to give instruction in the
11handling of firearms, hunter safety, and bow and arrow. The
12persons so appointed shall give the course of instruction and
13upon the successful completion shall issue to the person
14instructed a certificate of competency in the safe handling of
15firearms, hunter safety, and bow and arrow. No charge shall be
16made for any course of instruction except for materials or
17ammunition consumed. The Department of Natural Resources shall
18furnish information on the requirements of hunter safety
19education programs to be distributed free of charge to
20applicants for hunting licenses by the persons appointed and
21authorized to issue licenses. Funds for the conducting of
22firearms and hunter safety courses shall be taken from the fee
23charged for the Firearm Owners Identification Card.
24    The fee for a hunting license to hunt all species for a
25resident of Illinois is $12. For residents age 65 or older,
26and, commencing with the 2012 license year, resident veterans

 

 

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1of the United States Armed Forces after returning from service
2abroad or mobilization by the President of the United States,
3the fee is one-half of the fee charged for a hunting license to
4hunt all species for a resident of Illinois. The fee for a
5hunting license to hunt all species shall be waived for
6resident veterans of the United States Armed Forces that have
7been honorably discharged. Veterans must provide to the
8Department, at one of the Department's 5 regional offices,
9verification of their service and honorable discharge. The
10Department shall establish what constitutes suitable
11verification of service and honorable discharge for the purpose
12of issuing resident veterans hunting licenses without a fee at
13a reduced fee. The fee for a hunting license to hunt all
14species shall be $1 for residents over 75 years of age.
15Nonresidents shall be charged $57 for a hunting license.
16    Nonresidents may be issued a nonresident hunting license
17for a period not to exceed 10 consecutive days' hunting in the
18State and shall be charged a fee of $35.
19    A special nonresident hunting license authorizing a
20nonresident to take game birds by hunting on a game breeding
21and hunting preserve area only, established under Section 3.27,
22shall be issued upon proper application being made and payment
23of a fee equal to that for a resident hunting license. The
24expiration date of this license shall be on the same date each
25year that game breeding and hunting preserve area licenses
26expire.

 

 

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1    Each applicant for a State Migratory Waterfowl Stamp,
2regardless of his residence or other condition, shall pay a fee
3of $15 and shall receive a stamp. The fee for a State Migratory
4Waterfowl Stamp shall be waived for residents over 75 years of
5age. Except as provided under Section 20-45 of the Fish and
6Aquatic Life Code, the stamp shall be signed by the person or
7affixed to his license or permit in a space designated by the
8Department for that purpose.
9    Each applicant for a State Habitat Stamp, regardless of his
10residence or other condition, shall pay a fee of $5 and shall
11receive a stamp. The fee for a State Habitat Stamp shall be
12waived for residents over 75 years of age. Except as provided
13under Section 20-45 of the Fish and Aquatic Life Code, the
14stamp shall be signed by the person or affixed to his license
15or permit in a space designated by the Department for that
16purpose.
17    Nothing in this Section shall be construed as to require
18the purchase of more than one State Habitat Stamp by any person
19in any one license year.
20    The fees for State Pheasant Stamps and State Furbearer
21Stamps shall be waived for residents over 75 years of age.
22    The Department shall furnish the holders of hunting
23licenses and stamps with an insignia as evidence of possession
24of license, or license and stamp, as the Department may
25consider advisable. The insignia shall be exhibited and used as
26the Department may order.

 

 

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1    All other hunting licenses and all State stamps shall
2expire upon March 31 of each year.
3    Every person holding any license, permit, or stamp issued
4under the provisions of this Act shall have it in his
5possession for immediate presentation for inspection to the
6officers and authorized employees of the Department, any
7sheriff, deputy sheriff, or any other peace officer making a
8demand for it. This provision shall not apply to Department
9owned or managed sites where it is required that all hunters
10deposit their license, permit, or Firearm Owner's
11Identification Card at the check station upon entering the
12hunting areas.
13(Source: P.A. 97-498, eff. 4-1-12; 98-800, eff. 8-1-14.)
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.