Full Text of HB4721 96th General Assembly
HB4721 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB4721
Introduced 1/4/2010, by Rep. Jack D. Franks, Mark L. Walker and Michael K. Smith SYNOPSIS AS INTRODUCED: |
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515 ILCS 5/20-45 |
from Ch. 56, par. 20-45 |
520 ILCS 5/3.1 |
from Ch. 61, par. 3.1 |
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Amends the Fish and Aquatic Life Code. Provides that any person on active duty with the Armed Forces of the United States who (i) is now and was at the time of entering the Armed Forces a resident of Illinois, (ii) entered the Armed Forces from this State, and (iii) is presently on leave from the Armed Forces may fish as permitted by the Code without procuring a license, but only during such period of time and only with sport fishing devices as are permitted by the Code. Amends the Wildlife Code. Provides that any person on active duty
with the Armed Forces of the United States who (i) is now and who was at the
time of entering the Armed Forces a resident of Illinois, (ii) entered
the Armed Forces from this State, and (iii) is presently on leave
(rather than on "ordinary leave") from the Armed Forces may hunt
certain protected species without procuring a hunting
license, but the hunting shall be done only during such periods of time and
with devices and by methods as are permitted by the Act.
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A BILL FOR
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HB4721 |
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LRB096 15792 JDS 31032 b |
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| AN ACT concerning wildlife.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Fish and Aquatic Life Code is amended by | 5 |
| 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 | 8 |
| for residents
of the State of Illinois shall be as follows:
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| (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,
commencing with the 1994 license year.
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| (b) All residents before using any commercial fishing | 16 |
| device shall
obtain a commercial fishing license, the fee | 17 |
| for which shall be $35.
Each and every commercial device | 18 |
| used shall be licensed by a resident
commercial fisherman | 19 |
| as follows:
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| (1) For each 100 lineal yards, or fraction thereof, | 21 |
| of seine
the fee is $18. For each minnow seine, minnow | 22 |
| 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 |
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LRB096 15792 JDS 31032 b |
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| line
device,
basket trap, hoop net, or dip net the fee | 2 |
| is $3.
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| (3) When used in the waters of Lake Michigan, for | 4 |
| the first 2000
lineal feet, or fraction thereof, of | 5 |
| gill net the fee is $10; and
for each 1000 additional | 6 |
| lineal feet, or fraction thereof, the fee is $10.
These | 7 |
| fees shall apply to all gill nets in use in the water | 8 |
| or on drying
reels on the shore.
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| (4) For each 100 lineal yards, or fraction thereof, | 10 |
| of gill net
or trammel net the fee is $18.
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| (c) Residents of the State of Illinois may obtain a | 12 |
| sportsmen's
combination license that shall entitle the | 13 |
| holder to the same
non-commercial fishing privileges as | 14 |
| residents holding a license as
described in subsection (a) | 15 |
| of this Section and to the same hunting
privileges as | 16 |
| residents holding a license to hunt all species as
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| described in Section 3.1 of the Wildlife Code. No | 18 |
| sportsmen's combination
license shall be issued to any | 19 |
| individual who would be ineligible for
either the fishing | 20 |
| or hunting license separately. The sportsmen's
combination | 21 |
| license fee shall be $25.50.
For residents age 65 or older, | 22 |
| the fee is one-half of the fee charged for a
sportsmen's | 23 |
| combination license.
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| (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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| 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.
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| (e) All residents before using any commercial mussel | 7 |
| device shall
obtain a commercial mussel license, the fee | 8 |
| for which shall be $50.
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| (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:
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| (1) Lifetime fishing: 30 x the current fishing | 26 |
| license fee.
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| (2) Lifetime hunting: 30 x the current hunting | 2 |
| license fee.
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| (3) Lifetime sportsmen's combination license: 30 x | 4 |
| the current
sportsmen's combination license fee.
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| 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
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| 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
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| 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.
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| 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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| the effective date and time listed
on the face of the license.
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| Any person on active duty with the Armed Forces of the | 3 |
| United States who (i) is now and was at the time of entering | 4 |
| the Armed Forces a resident of Illinois, (ii) entered the Armed | 5 |
| Forces from this State, and (iii) is presently on leave from | 6 |
| the Armed Forces may fish as permitted by this Code without | 7 |
| procuring a license, but only during such period of time and | 8 |
| only with sport fishing devices as are permitted by this Code. | 9 |
| All individuals required to have and failing to have the | 10 |
| license provided
for in subsection (a) or (d) of this Section | 11 |
| shall be fined according to the
provisions of Section 20-35 of | 12 |
| this Code.
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| All individuals required to have and failing to have the | 14 |
| licenses
provided for in subsections (b) and (e) of this | 15 |
| Section shall be guilty of a
Class B misdemeanor.
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| (Source: P.A. 96-831, eff. 1-1-10.)
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| Section 10. The Wildlife Code is amended by changing | 18 |
| Section 3.1 as follows:
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| (520 ILCS 5/3.1) (from Ch. 61, par. 3.1)
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| Sec. 3.1. License and stamps required.
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| (a) Before any person shall take or attempt to take any of | 22 |
| the species
protected by Section 2.2 for which an open season | 23 |
| is established under this
Act, he shall first have procured and | 24 |
| possess a valid hunting license, except as provided in Section |
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| 3.1-5 of this Code.
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| Before any person 16 years of age or older shall take or
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| attempt to take any bird of the species defined as migratory | 4 |
| waterfowl by
Section 2.2, including coots, he shall first have | 5 |
| procured a State
Migratory Waterfowl Stamp.
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| Before any person 16 years of age or older takes, attempts | 7 |
| to take, or
pursues any species of wildlife protected by this | 8 |
| Code, except migratory
waterfowl, coots, and hand-reared birds | 9 |
| on licensed game breeding and hunting
preserve areas and state | 10 |
| controlled pheasant hunting areas, he or she shall
first obtain | 11 |
| a State Habitat Stamp. Disabled veterans and former prisoners | 12 |
| of
war shall not be required to obtain State Habitat Stamps. | 13 |
| Any person who
obtained a lifetime license before January 1, | 14 |
| 1993, shall not be required to
obtain State Habitat Stamps. | 15 |
| Income from the sale of State Furbearer Stamps and
State | 16 |
| Pheasant Stamps received after the effective date of this | 17 |
| amendatory Act
of 1992 shall be deposited into the State | 18 |
| Furbearer Fund and State Pheasant
Fund, respectively.
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| Before any person 16 years of age or older shall take, | 20 |
| attempt to
take, or sell the green hide of any mammal of the | 21 |
| species defined as
fur-bearing mammals by Section 2.2 for which | 22 |
| an open season is established
under this Act, he shall first | 23 |
| have procured a State Habitat Stamp.
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| (b) Before any person who is a non-resident of the State of | 25 |
| Illinois
shall take or attempt to take any of the species | 26 |
| protected by Section
2.2
for which an open season is |
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| established under this Act, he shall,
unless specifically | 2 |
| exempted by law, first procure a non-resident
license as | 3 |
| provided by this Act for the taking of any wild game.
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| Before a nonresident shall take or attempt to take | 5 |
| white-tailed deer,
he shall first have procured a Deer Hunting | 6 |
| Permit as defined in Section
2.26 of this Code.
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| Before a nonresident shall take or attempt to take wild | 8 |
| turkeys, he
shall have procured a Wild Turkey Hunting Permit as | 9 |
| defined in Section 2.11
of this Code.
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| (c) The owners residing on, or bona fide tenants of, farm | 11 |
| lands and their
children, parents, brothers, and sisters | 12 |
| actually permanently residing on
their lands shall have the | 13 |
| right to hunt any of the species protected by
Section 2.2 upon | 14 |
| their lands and waters without procuring hunting licenses;
but | 15 |
| the hunting shall be done only during periods of time and with | 16 |
| devices
and by methods as are permitted by this Act. Any person | 17 |
| on active duty
with the Armed Forces of the United States who | 18 |
| is now and who was at the
time of entering the Armed Forces a | 19 |
| resident of Illinois and who entered
the Armed Forces from this | 20 |
| State, and who is presently on ordinary leave
from the Armed | 21 |
| Forces, and any resident of Illinois who is disabled may hunt
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| any of the species protected by Section 2.2 without procuring a | 23 |
| hunting
license, but the hunting shall be done only during such | 24 |
| periods of time and
with devices and by methods as are | 25 |
| permitted by this Act. For the purpose of
this Section a person | 26 |
| is disabled when that person has a Type 1 or Type 4,
Class 2 |
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| disability as defined in Section 4A of the Illinois | 2 |
| Identification Card
Act. For purposes of this Section, an | 3 |
| Illinois Disabled Person Identification
Card issued pursuant | 4 |
| to the Illinois Identification Card Act indicating that
the | 5 |
| person named has a Type 1 or Type 4, Class 2 disability shall | 6 |
| be adequate
documentation of the disability.
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| (d) A courtesy non-resident license, permit, or stamp for | 8 |
| taking game
may be issued at the
discretion of the Director, | 9 |
| without fee, to any person officially employed
in the game and | 10 |
| fish or conservation department of another state or of the
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| United States who is within the State to assist or consult or | 12 |
| cooperate
with the Director; or to the officials of other | 13 |
| states, the United States,
foreign countries, or officers or | 14 |
| representatives of conservation
organizations or publications | 15 |
| while in the State as guests of the Governor
or Director. The | 16 |
| Director may provide to nonresident participants and
official | 17 |
| gunners at field trials an exemption from licensure while
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| participating in a field trial.
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| (e) State Migratory Waterfowl Stamps shall be required for | 20 |
| those persons
qualifying under subsections (c) and (d) who | 21 |
| intend to hunt migratory
waterfowl, including coots, to the | 22 |
| extent that hunting licenses of the
various types are | 23 |
| authorized and required by this Section for those persons.
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| (f) Registration in the U.S. Fish and Wildlife Migratory | 25 |
| Bird Harvest
Information Program shall be required for those | 26 |
| persons who are required to
have a hunting license before |
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| taking
or attempting to take any bird of the species defined as | 2 |
| migratory game birds
by Section 2.2, except that this | 3 |
| subsection shall not apply to crows in this
State
or | 4 |
| hand-reared birds on licensed game breeding and hunting | 5 |
| preserve areas, for
which an open season is established by this | 6 |
| Act. Persons registering with the
Program must carry proof of | 7 |
| registration with them while migratory bird
hunting.
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| The Department shall publish suitable prescribed | 9 |
| regulations pertaining to
registration by the migratory bird | 10 |
| hunter in the U.S. Fish and Wildlife Service
Migratory Bird | 11 |
| Harvest Information Program.
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| (Source: P.A. 94-1024, eff. 7-14-06.)
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