HB3493 103RD GENERAL ASSEMBLY

LRB103 26990 RLC 53357 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3493

Introduced 2/17/2023, by Rep. David Friess

SYNOPSIS AS INTRODUCED:

20 ILCS 835/4d new
520 ILCS 5/3.1-4
520 ILCS 5/3.2	from Ch. 61, par. 3.2

Amends the State Parks Act. Requires all persons or entities seeking to charge fees to participants, provide items for sale, or otherwise collect money or items as part of an event located on property or facilities that are owned, leased, or managed by the Department of Natural Resources to complete a permit to sell application form to obtain a permit to sell. Provides that all revenue generated from an event shall be subject to a 10% fee payable to the Department of Natural Resources upon completion of the event. Requires all funds received by the Department to be allocated to the site at which the fees were collected. Waives activity permit fees, permit to sell fees, the 10% facility fees, and facility usage fees for formally recognized Friends Groups and for all fishing tournaments and clubs. Amends the Wildlife Code. Provides that resident military members returning from active duty, regardless of mobilization or deployment, shall receive one free hunting license, one free trapping license, one specified free Deer Hunting Permit, and one free State Habitat Stamp if the military member applies within 2 years of active duty service. Provides that hunting license fees for all resident veterans, regardless of deployment, shall be one-half of the current license fee amount. Effective immediately.

A BILL FOR

AN ACT concerning the Department of Natural Resources.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The State Parks Act is amended by adding Section 4d as follows:

(20 ILCS 835/4d new)

Sec. 4d. Permit to sell. All persons or entities seeking to charge fees to participants, provide items for sale, or otherwise collect money or items as part of an event located on property or facilities that are owned, leased, or managed by the Department of Natural Resources shall complete a permit to sell application form to obtain a permit to sell. All revenue generated from an event located on property or facilities that are owned, leased, or managed by the Department of Natural Resources shall be subject to a 10% fee payable to the Department upon completion of the event. An activity permit application fee, not to exceed $25, may be deducted from the permit to sell fees owed to the Department upon the completion of the event. All funds received by the Department shall be allocated to the site at which the fees were collected. Activity permit fees, permit to sell fees, the 10% facility fee, and facility usage fees shall be waived: (1) if the entity is a formally recognized Friends Group of the site at which the event is held, and (2) for all fishing tournaments and clubs.

Section 10. The Wildlife Code is amended by changing Sections 3.1-4 and 3.2 as follows:

(520 ILCS 5/3.1-4)

Sec. 3.1-4. Military members returning from active duty service mobilization and service outside the United States.

(a) After returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, an Illinois resident may hunt and trap any of the species protected by Section 2.2 of this Code without paying any fees required to obtain a hunting license or a trapping license for the time period prescribed by subsection (b) of this Section if the Illinois resident applies for a license within 2 years after returning from service abroad or mobilization. The applicant shall provide acceptable verification of service or mobilization to the Department. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing a license.

(b) Applicants For each year that an applicant served as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces and served abroad or was mobilized by the President of the United States pursuant to subsection (a) of this Section, the applicant shall receive one free hunting license, one free trapping license, one free Deer Hunting Permit as provided in Section 2.26 of this Code and rules adopted pursuant to that Section, and one free State Habitat Stamp. For the purposes of this determination, if the period of active duty is a portion of a year (for example, one year and 3 months), the applicant will be credited with a full year for the portion of a year served.

(c) (Blank).

(c-5) An Illinois resident veteran may obtain an Illinois Hunter Education card if the veteran he or she completes the online study section of the Illinois Hunter Education program and provides the Department with acceptable verification of service or mobilization.

(d) For the purposes of this Section, "acceptable verification of service or mobilization" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates of or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.

(e) (Blank). For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.

(Source: P.A. 102-524, eff. 8-20-21; 102-780, eff. 5-13-22.)

(520 ILCS 5/3.2) (from Ch. 61, par. 3.2)

Sec. 3.2. Hunting license; application; instruction. Before the Department or any county, city, village, township, incorporated town clerk or his duly designated agent or any other person authorized or designated by the Department to issue hunting licenses shall issue a hunting license to any person, the person shall file his application with the Department or other party authorized to issue licenses on a form provided by the Department and further give definite proof of identity and place of legal residence. Each clerk designating agents to issue licenses and stamps shall furnish the Department, within 10 days following the appointment, the names and mailing addresses of the agents. Each clerk or his duly designated agent shall be authorized to sell licenses and stamps only within the territorial area for which he was elected or appointed. No duly designated agent is authorized to furnish licenses or stamps for issuance by any other business establishment. Each application shall be executed and sworn to and shall set forth the name and description of the applicant and place of residence.

No hunting license shall be issued to any person born on or after January 1, 1980 unless he presents the person authorized to issue the license evidence that he has held a hunting license issued by the State of Illinois or another state in a prior year, or a certificate of competency as provided in this Section. Persons under 18 years of age may be issued a Lifetime Hunting or Sportsmen's Combination License as provided under Section 20-45 of the Fish and Aquatic Life Code but shall not be entitled to hunt alone, without the supervision of an adult age 21 or older, unless they have a certificate of competency as provided in this Section and the certificate is in their possession while hunting.

The Department of Natural Resources shall authorize personnel of the Department or certified volunteer instructors to conduct courses, of not less than 10 hours in length, in firearms and hunter safety, which may include training in bow and arrow safety, at regularly specified intervals throughout the State. Persons successfully completing the course shall receive a certificate of competency. The Department of Natural Resources may further cooperate with any reputable association or organization in establishing courses if the organization has as one of its objectives the promotion of safety in the handling of firearms or bow and arrow.

The Department of Natural Resources shall designate any person found by it to be competent to give instruction in the handling of firearms, hunter safety, and bow and arrow. The persons so appointed shall give the course of instruction and upon the successful completion shall issue to the person instructed a certificate of competency in the safe handling of firearms, hunter safety, and bow and arrow. No charge shall be made for any course of instruction except for materials or ammunition consumed. The Department of Natural Resources shall furnish information on the requirements of hunter safety education programs to be distributed free of charge to applicants for hunting licenses by the persons appointed and authorized to issue licenses. Funds for the conducting of firearms and hunter safety courses shall be taken from the fee charged for the Firearm Owners Identification Card.

The fee for a hunting license to hunt all species for a resident of Illinois is $12. For residents age 65 or older and , and, commencing with the 2012 license year, resident veterans of the United States Armed Forces, regardless of deployment, after returning from service abroad or mobilization by the President of the United States as an active duty member of the United States Armed Forces, the Illinois National Guard, or the Reserves of the United States Armed Forces, the fee is one-half of the fee charged for a hunting license to hunt all species for a resident of Illinois. Veterans must provide to the Department acceptable verification of their service. The Department shall establish by administrative rule the procedure by which such verification of service shall be made to the Department for the purpose of issuing resident veterans hunting licenses at a reduced fee. The fee for a hunting license to hunt all species shall be $1 for residents over 75 years of age. Nonresidents shall be charged $57 for a hunting license.

Nonresidents may be issued a nonresident hunting license for a period not to exceed 10 consecutive days' hunting in the State and shall be charged a fee of $35.

A special nonresident hunting license authorizing a nonresident to take game birds by hunting on a game breeding and hunting preserve area only, established under Section 3.27, shall be issued upon proper application being made and payment of a fee equal to that for a resident hunting license. The expiration date of this license shall be on the same date each year that game breeding and hunting preserve area licenses expire.

Each applicant for a State Migratory Waterfowl Stamp, regardless of his residence or other condition, shall pay a fee of $15 and shall receive a stamp. The fee for a State Migratory Waterfowl Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life Code, the stamp shall be signed by the person or affixed to his license or permit in a space designated by the Department for that purpose.

Each applicant for a State Habitat Stamp, regardless of his residence or other condition, shall pay a fee of $5 and shall receive a stamp. The fee for a State Habitat Stamp shall be waived for residents over 75 years of age. Except as provided under Section 20-45 of the Fish and Aquatic Life Code, the stamp shall be signed by the person or affixed to his license or permit in a space designated by the Department for that purpose.

Nothing in this Section shall be construed as to require the purchase of more than one State Habitat Stamp by any person in any one license year.

The fees for State Pheasant Stamps and State Furbearer Stamps shall be waived for residents over 75 years of age.

The Department shall furnish the holders of hunting licenses and stamps with an insignia as evidence of possession of license, or license and stamp, as the Department may consider advisable. The insignia shall be exhibited and used as the Department may order.

All other hunting licenses and all State stamps shall expire upon March 31 of each year.

Every person holding any license, permit, or stamp issued under the provisions of this Act shall have it in his possession for immediate presentation for inspection to the officers and authorized employees of the Department, any sheriff, deputy sheriff, or any other peace officer making a demand for it. This provision shall not apply to Department owned or managed sites where it is required that all hunters deposit their license, permit, or Firearm Owner's Identification Card at the check station upon entering the hunting areas.

For the purposes of this Section, "acceptable verification" means official documentation from the Department of Defense or the appropriate Major Command showing mobilization dates or service abroad dates, including: (i) a DD-214, (ii) a letter from the Illinois Department of Military Affairs for members of the Illinois National Guard, (iii) a letter from the Regional Reserve Command for members of the Armed Forces Reserve, (iv) a letter from the Major Command covering Illinois for active duty members, (v) personnel records for mobilized State employees, and (vi) any other documentation that the Department, by administrative rule, deems acceptable to establish dates of mobilization or service abroad.

For the purposes of this Section, the term "service abroad" means active duty service outside of the 50 United States and the District of Columbia, and includes all active duty service in territories and possessions of the United States.

(Source: P.A. 101-81, eff. 7-12-19; 102-780, eff. 5-13-22.)

Section 99. Effective date. This Act takes effect upon becoming law.