Illinois General Assembly - Full Text of HB0998
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Full Text of HB0998  96th General Assembly

HB0998ham002 96TH GENERAL ASSEMBLY

Rep. Raymond Poe

Filed: 3/27/2009

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 998

2     AMENDMENT NO. ______. Amend House Bill 998 by replacing
3 everything after the enacting clause with the following:
 
4     Section 5. The Fish and Aquatic Life Code is amended by
5 changing 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
8 for 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     $12.50 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 2010 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

 

 

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1     abroad or mobilization by the President of the United
2     States , commencing with the 1994 license year. Veterans
3     must provide, to the Department at the Department's office
4     in Springfield, verification of their service. The
5     Department shall establish what constitutes suitable
6     verification of service for the purpose of issuing fishing
7     licenses to resident veterans at a reduced fee.
8         (b) All residents before using any commercial fishing
9     device shall obtain a commercial fishing license, the fee
10     for which shall be $35. 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 thereof,
14         of seine the fee is $18. For each minnow seine, minnow
15         trap, or net for commercial purposes the fee is $20.
16             (2) For each device to fish with a 100 hook trot
17         line device, basket trap, hoop net, or dip net the fee
18         is $3.
19             (3) When used in the waters of Lake Michigan, for
20         the first 2000 lineal feet, or fraction thereof, of
21         gill net the fee is $10; and for each 1000 additional
22         lineal feet, or fraction thereof, the fee is $10. These
23         fees shall apply to all gill nets in use in the water
24         or on drying reels on the shore.
25             (4) For each 100 lineal yards, or fraction thereof,
26         of gill net or trammel net the fee is $18.

 

 

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1         (c) Residents of the State of Illinois may obtain a
2     sportsmen's combination license that shall entitle the
3     holder to the same non-commercial fishing privileges as
4     residents holding a license as described in subsection (a)
5     of this Section and to the same hunting privileges as
6     residents holding a license to hunt all species as
7     described in Section 3.1 of the Wildlife Code. No
8     sportsmen's combination license shall be issued to any
9     individual who would be ineligible for either the fishing
10     or hunting license separately. The sportsmen's combination
11     license fee shall be $18.50. For residents age 65 or older,
12     the fee is one-half of the fee charged for a sportsmen's
13     combination license. For resident veterans of the United
14     States Armed Forces after returning from service abroad or
15     mobilization by the President of the United States, the
16     fee, commencing with the 2010 license year, is one-half of
17     the fee charged for a sportsmen's combination license.
18     Veterans must provide, to the Department at the
19     Department's office in Springfield, verification of their
20     service. The Department shall establish what constitutes
21     suitable verification of service for the purpose of issuing
22     sportsmen's combination licenses to resident veterans at a
23     reduced fee.
24         (d) For 24 hours of fishing by sport fishing devices as
25     defined in Section 10-95 or by spearing devices as defined
26     in Section 10-110 the fee is $5. This license exempts the

 

 

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1     licensee from the requirement for a salmon or inland trout
2     stamp. The licenses provided for by this subsection are not
3     required for residents of the State of Illinois who have
4     obtained the license provided for in subsection (a) of this
5     Section.
6         (e) All residents before using any commercial mussel
7     device shall obtain a commercial mussel license, the fee
8     for which shall be $50.
9         (f) Residents of this State, upon establishing
10     residency as required by the Department, may obtain a
11     lifetime hunting or fishing license or lifetime
12     sportsmen's combination license which shall entitle the
13     holder to the same non-commercial fishing privileges as
14     residents holding a license as described in paragraph (a)
15     of this Section and to the same hunting privileges as
16     residents holding a license to hunt all species as
17     described in Section 3.1 of the Wildlife Code. No lifetime
18     sportsmen's combination license shall be issued to or
19     retained by any individual who would be ineligible for
20     either the fishing or hunting license separately, either
21     upon issuance, or in any year a violation would subject an
22     individual to have either or both fishing or hunting
23     privileges rescinded. The lifetime hunting and fishing
24     license fees shall be as follows:
25             (1) Lifetime fishing: 30 x the current fishing
26         license fee.

 

 

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1             (2) Lifetime hunting: 30 x the current hunting
2         license fee.
3             (3) Lifetime sportsmen's combination license: 30 x
4         the current sportsmen's combination license fee.
5     Lifetime licenses shall not be refundable. A $10 fee shall
6 be charged for reissuing any lifetime license. The Department
7 may establish rules and regulations for the issuance and use of
8 lifetime licenses and may suspend or revoke any lifetime
9 license issued under this Section for violations of those rules
10 or regulations or other provisions under this Code or the
11 Wildlife Code. Individuals under 16 years of age who possess a
12 lifetime hunting or sportsmen's combination license shall have
13 in their possession, while in the field, a certificate of
14 competency as required under Section 3.2 of the Wildlife Code.
15 Any lifetime license issued under this Section shall not exempt
16 individuals from obtaining additional stamps or permits
17 required under the provisions of this Code or the Wildlife
18 Code. Individuals required to purchase additional stamps shall
19 sign the stamps and have them in their possession while fishing
20 or hunting with a lifetime license. All fees received from the
21 issuance of lifetime licenses shall be deposited in the Fish
22 and Wildlife Endowment Fund.
23     Except for licenses issued under subsection (e) of this
24 Section, all licenses provided for in this Section shall expire
25 on March 31 of each year, except that the license provided for
26 in subsection (d) of this Section shall expire 24 hours after

 

 

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1 the effective date and time listed on the face of the license.
2     All individuals required to have and failing to have the
3 license provided for in subsection (a) or (d) of this Section
4 shall be fined according to the provisions of Section 20-35 of
5 this Code.
6     All individuals required to have and failing to have the
7 licenses provided for in subsections (b) and (e) of this
8 Section shall be guilty of a Class B misdemeanor.
9 (Source: P.A. 89-66, eff. 1-1-96; 90-225, eff. 7-25-97; 90-743,
10 eff. 1-1-99.)
 
11     Section 10. The Wildlife Code is amended by changing
12 Section 3.2 as follows:
 
13     (520 ILCS 5/3.2)  (from Ch. 61, par. 3.2)
14     Sec. 3.2. Hunting license; application; instruction.
15 Before the Department or any county, city, village, township,
16 incorporated town clerk or his duly designated agent or any
17 other person authorized or designated by the Department to
18 issue hunting licenses shall issue a hunting license to any
19 person, the person shall file his application with the
20 Department or other party authorized to issue licenses on a
21 form provided by the Department and further give definite proof
22 of identity and place of legal residence. Each clerk
23 designating agents to issue licenses and stamps shall furnish
24 the Department, within 10 days following the appointment, the

 

 

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

 

 

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1 Resources may further cooperate with any reputable association
2 or organization in establishing courses if the organization has
3 as one of its objectives the promotion of safety in the
4 handling of firearms or bow and arrow.
5     The Department of Natural Resources shall designate any
6 person found by it to be competent to give instruction in the
7 handling of firearms, hunter safety, and bow and arrow. The
8 persons so appointed shall give the course of instruction and
9 upon the successful completion shall issue to the person
10 instructed a certificate of competency in the safe handling of
11 firearms, hunter safety, and bow and arrow. No charge shall be
12 made for any course of instruction except for materials or
13 ammunition consumed. The Department of Natural Resources shall
14 furnish information on the requirements of hunter safety
15 education programs to be distributed free of charge to
16 applicants for hunting licenses by the persons appointed and
17 authorized to issue licenses. Funds for the conducting of
18 firearms and hunter safety courses shall be taken from the fee
19 charged for the Firearm Owners Identification Card.
20     The fee for a hunting license to hunt all species for a
21 resident of Illinois is $7. For residents age 65 or older and,
22 commencing with the 2010 license year, for resident veterans of
23 the United States Armed Forces after returning from service
24 abroad or mobilization by the President of the United States,
25 the fee is one-half of the fee charged for a hunting license to
26 hunt all species for a resident of Illinois. Veterans must

 

 

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1 provide, to the Department at the Department's office in
2 Springfield, verification of their service. The Department
3 shall establish what constitutes suitable verification of
4 service for the purpose of issuing resident veterans hunting
5 licenses at a reduced fee. Nonresidents shall be charged $50
6 for a hunting license.
7     Nonresidents may be issued a nonresident hunting license
8 for a period not to exceed 10 consecutive days' hunting in the
9 State and shall be charged a fee of $28.
10     A special nonresident hunting license authorizing a
11 nonresident to take game birds by hunting on a game breeding
12 and hunting preserve area only, established under Section 3.27,
13 shall be issued upon proper application being made and payment
14 of a fee equal to that for a resident hunting license. The
15 expiration date of this license shall be on the same date each
16 year that game breeding and hunting preserve area licenses
17 expire.
18     Each applicant for a State Migratory Waterfowl Stamp,
19 regardless of his residence or other condition, shall pay a fee
20 of $10 and shall receive a stamp. Except as provided under
21 Section 20-45 of the Fish and Aquatic Life Code, the stamp
22 shall be signed by the person or affixed to his license or
23 permit in a space designated by the Department for that
24 purpose.
25     Each applicant for a State Habitat Stamp, regardless of his
26 residence or other condition, shall pay a fee of $5 and shall

 

 

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1 receive a stamp. Except as provided under Section 20-45 of the
2 Fish and Aquatic Life Code, the stamp shall be signed by the
3 person or affixed to his license or permit in a space
4 designated by the Department for that purpose.
5     Nothing in this Section shall be construed as to require
6 the purchase of more than one State Habitat Stamp by any person
7 in any one license year.
8     The Department shall furnish the holders of hunting
9 licenses and stamps with an insignia as evidence of possession
10 of license, or license and stamp, as the Department may
11 consider advisable. The insignia shall be exhibited and used as
12 the Department may order.
13     All other hunting licenses and all State stamps shall
14 expire upon March 31 of each year.
15     Every person holding any license, permit, or stamp issued
16 under the provisions of this Act shall have it in his
17 possession for immediate presentation for inspection to the
18 officers and authorized employees of the Department, any
19 sheriff, deputy sheriff, or any other peace officer making a
20 demand for it. This provision shall not apply to Department
21 owned or managed sites where it is required that all hunters
22 deposit their license, permit, or Firearm Owner's
23 Identification Card at the check station upon entering the
24 hunting areas.
25 (Source: P.A. 93-554, eff. 8-20-03.)
 

 

 

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1     Section 99. Effective date. This Act takes effect April 1,
2 2010.".