Full Text of HB0998 96th General Assembly
HB0998ham001 96TH GENERAL ASSEMBLY
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Rep. Raymond Poe
Filed: 3/26/2009
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LRB096 03070 JDS 24158 a |
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| AMENDMENT TO HOUSE BILL 998
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| AMENDMENT NO. ______. Amend House Bill 998 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Department of Natural Resources | 5 |
| (Conservation) Law of the
Civil Administrative Code of Illinois | 6 |
| is amended by changing Section 805-305 as follows:
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| (20 ILCS 805/805-305) (was 20 ILCS 805/63a23)
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| Sec. 805-305. Campsites and housing facilities. The
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| Department has the power to provide facilities for
overnight | 10 |
| tent and trailer camp sites and to provide suitable housing
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| facilities for student and juvenile overnight camping groups. | 12 |
| The Department
of Natural Resources may regulate, by | 13 |
| administrative
order, the fees to be charged for tent and | 14 |
| trailer camping units at individual
park areas based upon the | 15 |
| facilities available. However, for campsites with
access to | 16 |
| showers or electricity, any Illinois resident who is age 62 or |
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| older
or has a Class 2 disability as defined in Section 4A of | 2 |
| the Illinois
Identification Card Act shall be charged only | 3 |
| one-half of the camping fee
charged to the general public | 4 |
| during the period Monday through Thursday of any
week and shall | 5 |
| be charged the same camping fee as the general public on all
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| other days. For campsites without access to showers or | 7 |
| electricity, no camping
fee authorized by this Section shall be | 8 |
| charged to any resident of Illinois who
has a Class 2 | 9 |
| disability as defined in Section 4A of the Illinois
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| Identification Card Act. For campsites without access to | 11 |
| showers or
electricity, no camping fee authorized by this | 12 |
| Section shall be charged to any
resident of Illinois who is age | 13 |
| 62 or older for
the use of a camp site unit during the period | 14 |
| Monday through Thursday of any
week. No camping fee authorized | 15 |
| by this Section shall be charged to any
resident of Illinois | 16 |
| who is a disabled veteran or a former prisoner of
war, as | 17 |
| defined in Section 5 of the Department of Veterans Affairs Act.
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| No camping fee authorized by this Section shall be charged to | 19 |
| any
resident of Illinois after returning from service abroad or | 20 |
| mobilization by the President of the United States as an active | 21 |
| duty member of the United States Armed Forces, the Illinois | 22 |
| National Guard, or the Reserves of the United States Armed | 23 |
| Forces for the amount of time that the active duty member spent | 24 |
| in service abroad or mobilized if the person applies for a pass | 25 |
| at the Department office in Springfield within 2 years of | 26 |
| returning and provides verification of service or mobilization |
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| to the Department; any portion of a year that the active duty | 2 |
| member spent in service abroad or mobilized shall count as a | 3 |
| full year. Nonresidents shall be charged the same fees as are | 4 |
| authorized for the general
public regardless of age. The | 5 |
| Department shall provide by regulation for
suitable proof of | 6 |
| age, or either a valid driver's license or a "Golden Age
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| Passport" issued by the federal government shall be acceptable | 8 |
| as proof of
age. The Department shall further provide by | 9 |
| regulation that notice of
these
reduced admission fees be | 10 |
| posted in a conspicuous place and manner.
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| Reduced fees authorized in this Section shall not apply to | 12 |
| any charge for
utility service.
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| (Source: P.A. 94-313, eff. 7-25-05.)
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| Section 10. The Fish and Aquatic Life Code is amended by | 15 |
| changing Section 20-45 as follows:
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| (515 ILCS 5/20-45) (from Ch. 56, par. 20-45)
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| Sec. 20-45. License fees for residents. Fees for licenses | 18 |
| for residents
of the State of Illinois shall be as follows:
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| (a) Except as otherwise provided in this Section, for | 20 |
| sport fishing
devices as defined in Section 10-95 or | 21 |
| spearing devices as defined in
Section 10-110 the fee is | 22 |
| $12.50 for individuals 16 to 64 years old, and
one-half of | 23 |
| the current fishing license fee for veterans and | 24 |
| individuals age 65 or older . ,
commencing with the 1994 |
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| license year. Veterans must provide, to the Department at | 2 |
| the Department's office in Springfield, verification of | 3 |
| their service. The Department shall establish what | 4 |
| constitutes suitable verification of service for the | 5 |
| purpose of issuing resident veterans fishing licenses at a | 6 |
| reduced fee.
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| (b) All residents before using any commercial fishing | 8 |
| device shall
obtain a commercial fishing license, the fee | 9 |
| for which shall be $35.
Each and every commercial device | 10 |
| used shall be licensed by a resident
commercial fisherman | 11 |
| as follows:
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| (1) For each 100 lineal yards, or fraction thereof, | 13 |
| of seine
the fee is $18. For each minnow seine, minnow | 14 |
| trap, or net for commercial
purposes the fee is $20.
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| (2) For each device to fish with a 100 hook trot | 16 |
| line
device,
basket trap, hoop net, or dip net the fee | 17 |
| is $3.
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| (3) When used in the waters of Lake Michigan, for | 19 |
| the first 2000
lineal feet, or fraction thereof, of | 20 |
| gill net the fee is $10; and
for each 1000 additional | 21 |
| lineal feet, or fraction thereof, the fee is $10.
These | 22 |
| fees shall apply to all gill nets in use in the water | 23 |
| or on drying
reels on the shore.
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| (4) For each 100 lineal yards, or fraction thereof, | 25 |
| of gill net
or trammel net the fee is $18.
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| (c) Residents of the State of Illinois may obtain a |
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| 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 (a) | 4 |
| of this Section and to the same hunting
privileges as | 5 |
| residents holding a license to hunt all species as
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| 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
combination | 10 |
| license fee shall be $18.50.
For veterans and residents age | 11 |
| 65 or older, the fee is one-half of the fee charged for a
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| sportsmen's combination license. Veterans must provide, to | 13 |
| the Department at the Department's office in Springfield, | 14 |
| verification of their service. The Department shall | 15 |
| establish what constitutes suitable verification of | 16 |
| service for the purpose of issuing resident veterans | 17 |
| sportsmen's
combination licenses at a reduced fee.
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| (d) For 24 hours of fishing
by sport fishing devices
as | 19 |
| defined in Section 10-95 or by spearing devices as defined | 20 |
| in Section
10-110 the fee is $5. This license exempts the | 21 |
| licensee from the
requirement for a salmon or inland trout | 22 |
| stamp. The licenses provided for
by this subsection
are not | 23 |
| required for residents of the State of Illinois who have | 24 |
| obtained the
license provided for in subsection (a) of this | 25 |
| Section.
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| (e) All residents before using any commercial mussel |
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| device shall
obtain a commercial mussel license, the fee | 2 |
| for which shall be $50.
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| (f) Residents of this State, upon establishing | 4 |
| residency as required
by the Department, may obtain a | 5 |
| lifetime hunting or fishing license or
lifetime | 6 |
| sportsmen's combination license which shall entitle the | 7 |
| holder to
the same non-commercial fishing privileges as | 8 |
| residents holding a license
as described in paragraph (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 lifetime | 12 |
| sportsmen's combination
license shall be issued to or | 13 |
| retained by any individual
who would be ineligible for | 14 |
| either the fishing or hunting license
separately, either | 15 |
| upon issuance, or in any year a violation would
subject an | 16 |
| individual to have either or both fishing or hunting | 17 |
| privileges
rescinded. The lifetime hunting and fishing | 18 |
| license fees shall be as follows:
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| (1) Lifetime fishing: 30 x the current fishing | 20 |
| license fee.
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| (2) Lifetime hunting: 30 x the current hunting | 22 |
| license fee.
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| (3) Lifetime sportsmen's combination license: 30 x | 24 |
| the current
sportsmen's combination license fee.
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| Lifetime licenses shall not be refundable. A $10 fee shall | 26 |
| be charged
for reissuing any lifetime license. The Department |
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| may establish rules and
regulations for the issuance and use of | 2 |
| lifetime licenses and may suspend
or revoke any lifetime | 3 |
| license issued under this Section for violations of
those rules | 4 |
| or regulations or other provisions under this Code or the
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| Wildlife Code. Individuals under 16 years of age who possess a | 6 |
| lifetime
hunting or sportsmen's combination license shall have | 7 |
| in their possession,
while in the field, a certificate of | 8 |
| competency as required under Section
3.2 of the Wildlife Code. | 9 |
| Any lifetime license issued under this Section
shall not exempt | 10 |
| individuals from obtaining additional stamps or permits
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| required under the provisions of this Code or the Wildlife | 12 |
| Code.
Individuals required to purchase additional stamps shall | 13 |
| sign the stamps
and have them in their possession while fishing | 14 |
| or hunting with a lifetime
license. All fees received from the | 15 |
| issuance
of lifetime licenses shall be deposited in the Fish | 16 |
| and Wildlife Endowment
Fund.
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| Except for licenses issued under subsection (e) of this | 18 |
| Section, all
licenses provided for in this Section shall expire | 19 |
| on March 31 of
each year, except that the license provided for | 20 |
| in subsection (d) of
this Section shall expire 24 hours after | 21 |
| the effective date and time listed
on the face of the license.
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| All individuals required to have and failing to have the | 23 |
| license provided
for in subsection (a) or (d) of this Section | 24 |
| shall be fined according to the
provisions of Section 20-35 of | 25 |
| this Code.
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| All individuals required to have and failing to have the |
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| licenses
provided for in subsections (b) and (e) of this | 2 |
| Section shall be guilty of a
Class B misdemeanor.
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| (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743, | 4 |
| eff.
1-1-99.)
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| Section 15. The Wildlife Code is amended by changing | 6 |
| Section 3.2 as follows:
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| (520 ILCS 5/3.2) (from Ch. 61, par. 3.2)
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| Sec. 3.2. Hunting license; application; instruction. | 9 |
| Before the
Department or any county, city, village, township, | 10 |
| incorporated town clerk
or his duly designated agent or any | 11 |
| other person authorized or designated
by the Department to | 12 |
| issue hunting licenses shall issue a hunting license
to any | 13 |
| person, the person shall file his application with the | 14 |
| Department or
other party authorized to issue licenses on a | 15 |
| form provided by the
Department and further give definite proof | 16 |
| of identity and place of legal
residence. Each clerk | 17 |
| designating agents to issue licenses and stamps
shall furnish | 18 |
| the Department, within 10 days following the appointment, the
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| names and mailing addresses of the agents. Each clerk or his | 20 |
| duly
designated agent shall be authorized to sell licenses and | 21 |
| stamps only
within the territorial area for which he was | 22 |
| elected or appointed. No duly
designated agent is authorized to | 23 |
| furnish licenses or stamps for
issuance by any other business | 24 |
| establishment. Each
application shall be executed and sworn to |
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| and shall set forth the name
and description of the applicant | 2 |
| and place of residence.
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| No hunting license shall be issued to any person born on or | 4 |
| after January
1,
1980
unless he presents the person authorized | 5 |
| to issue the license
evidence that he has held a hunting | 6 |
| license issued by the State of Illinois
or another state in a | 7 |
| prior year, or a certificate of competency as
provided in this | 8 |
| Section. Persons under 16 years of age may be issued a
Lifetime | 9 |
| Hunting or Sportsmen's Combination License as provided under | 10 |
| Section
20-45 of the Fish and Aquatic Life Code but shall not | 11 |
| be entitled to hunt
unless they have a certificate of | 12 |
| competency as provided in this Section and
they shall have the | 13 |
| certificate in their possession while hunting.
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| The Department of Natural Resources shall authorize
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| personnel of the
Department or certified volunteer instructors | 16 |
| to conduct courses, of not
less than 10 hours in length, in | 17 |
| firearms and hunter safety, which may include
training in bow | 18 |
| and arrow safety, at regularly specified intervals throughout
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| the State. Persons successfully completing the course shall | 20 |
| receive a
certificate of competency. The Department of Natural | 21 |
| Resources may further
cooperate with any reputable association | 22 |
| or organization in establishing
courses if the organization has | 23 |
| as one of its objectives the promotion of
safety in the | 24 |
| handling of firearms or bow and arrow.
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| The Department of Natural Resources shall designate any
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| person found by it
to be competent to give instruction in the |
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| handling of firearms, hunter
safety, and bow and arrow. The | 2 |
| persons so appointed shall give the
course of instruction and | 3 |
| upon the successful completion shall
issue to the person | 4 |
| instructed a certificate of competency in the safe
handling of | 5 |
| firearms, hunter safety, and bow and arrow. No charge shall
be | 6 |
| made for any course of instruction except for materials or | 7 |
| ammunition
consumed. The Department of Natural Resources shall
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| furnish information on
the requirements of hunter safety | 9 |
| education programs to be distributed
free of charge to | 10 |
| applicants for hunting licenses by the persons
appointed and | 11 |
| authorized to issue licenses. Funds for the conducting of
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| firearms and hunter safety courses shall be taken from the fee | 13 |
| charged
for the Firearm Owners Identification Card.
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| The fee for a hunting license to hunt all species for a | 15 |
| resident of
Illinois is $7. For resident veterans and residents | 16 |
| age 65 or older, the fee is one-half of the
fee charged for a | 17 |
| hunting license to hunt all species for a resident of
Illinois. | 18 |
| Veterans must provide, to the Department at the Department's | 19 |
| office in Springfield, verification of their service. The | 20 |
| Department shall establish what constitutes suitable | 21 |
| verification of service for the purpose of issuing resident | 22 |
| veterans hunting
licenses at a reduced fee. Nonresidents shall | 23 |
| be charged $50 for a hunting license.
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| Nonresidents may be issued a nonresident hunting license | 25 |
| for a
period not to exceed 10 consecutive days' hunting in the | 26 |
| State and shall
be charged a fee of $28.
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| A special nonresident hunting license authorizing a | 2 |
| nonresident to
take game birds by hunting on a game breeding | 3 |
| and hunting preserve
area only, established under Section 3.27, | 4 |
| shall be issued upon proper
application being made and payment | 5 |
| of a fee equal to that for a resident
hunting license. The | 6 |
| expiration date of this license shall be on the same
date each | 7 |
| year that game breeding and hunting preserve
area licenses | 8 |
| expire.
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| Each applicant for a State Migratory Waterfowl Stamp, | 10 |
| regardless of
his residence or other condition, shall pay a fee | 11 |
| of $10 and
shall receive a stamp. Except as provided under
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| Section 20-45 of the Fish and Aquatic Life Code,
the stamp | 13 |
| shall be signed by the person or affixed to his license
or | 14 |
| permit in a space designated by the Department for that | 15 |
| purpose.
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| Each applicant for a State Habitat Stamp, regardless of his | 17 |
| residence
or other condition, shall pay a fee of $5 and shall | 18 |
| receive a
stamp. Except as provided under Section 20-45 of the | 19 |
| Fish and Aquatic Life
Code, the stamp shall be signed by the | 20 |
| person or affixed to his license or
permit in a space | 21 |
| designated by the Department for that purpose.
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| Nothing in this Section shall be construed as to require | 23 |
| the purchase
of more than one State Habitat Stamp by any person | 24 |
| in any one license year.
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| The Department shall furnish the holders of hunting | 26 |
| licenses and stamps
with an insignia as evidence of possession |
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| of license, or license and
stamp, as the Department may | 2 |
| consider advisable. The insignia shall be
exhibited and used as | 3 |
| the Department may order.
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| All other hunting licenses and all State stamps shall | 5 |
| expire upon
March 31 of each year.
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| Every person holding any license, permit, or stamp issued | 7 |
| under the
provisions of this Act shall have it in his | 8 |
| possession for immediate
presentation for inspection to the | 9 |
| officers and authorized employees of
the Department, any | 10 |
| sheriff, deputy sheriff, or any other peace officer making
a | 11 |
| demand for it. This provision shall not apply to Department | 12 |
| owned or
managed sites where it is required that all hunters | 13 |
| deposit their license,
permit, or Firearm Owner's | 14 |
| Identification Card at the check station upon
entering the | 15 |
| hunting areas.
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| (Source: P.A. 93-554, eff. 8-20-03.)
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| (515 ILCS 5/20-47 rep.)
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| Section 90. The Fish and Aquatic Life Code is amended by | 19 |
| repealing Section 20-47. | 20 |
| (520 ILCS 5/3.1-4 rep.) | 21 |
| Section 95. The Wildlife Code is amended by repealing | 22 |
| Section 3.1-4.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law.".
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